II

106TH CONGRESS

1ST SESSION S. 1559

To amend title 49, United States Code, to enhance the safety of motor

carrier operations and the Nation’s highway system, including highwayrail crossings, by amending existing safety laws to strengthen commercial

driver licensing, to improve compliance, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 5, 1999

Mr. LAUTENBERG introduced the following bill; which was read twice and

referred to the Committee on Commerce, Science, and Transportation

A BILL

To amend title 49, United States Code, to enhance the

safety of motor carrier operations and the Nation’s highway system, including highway-rail crossings, by amending existing safety laws to strengthen commercial driver

licensing, to improve compliance, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 TITLE I—MOTOR CARRIER

4 SAFETY

5 SEC. 101. SHORT TITLE.

6 This title may be cited as the ‘‘Motor Carrier Safety

7 Act of 1999’’.
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1 SEC. 102. COMMERCIAL DRIVERS’ LICENSES.

2 (a) DRIVER’S LICENSE CRITERIA.—Section 31305(a)

3 of title 49, United States Code, is amended by—

4 (1) striking ‘‘and’’ after the semicolon in para5 graph (7);

6 (2) redesignating paragraph (8) as paragraph

7 (9); and

8 (3) adding a new paragraph (8) after para9 graph (7) as follows:

10 ‘‘(8) shall ensure that an individual who oper11 ates or will operate a commercial motor vehicle has

12 received training, including in-vehicle training, in the

13 safe operation of a motor vehicle of the type the in14 dividual operates or will operate; and’’.

15 (b) MOVING TRAFFIC VIOLATIONS.—Section

16 31311(a) of title 49, United States Code, is amended by—

17 (1) redesignating paragraph (17) as paragraph

18 (18); and

19 (2) adding a new paragraph (17) after para20 graph (16) as follows:

21 ‘‘(17) The State shall record on a driver’s com22 mercial driver’s license record each conviction for a

23 moving traffic violation, including such a conviction

24 for a violation committed in a noncommercial motor

25 vehicle.’’.
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1 (c) DRUG- OR ALCOHOL-RELATED VIOLATIONS.—

2 Section 31311(a) of title 49, United States Code, is fur3 ther amended by adding a new paragraph at the end as

4 follows:

5 ‘‘(19) The State may not issue a commercial

6 driver’s license to an individual within 3 years after

7 the date the individual was convicted of any drug8 or alcohol-related traffic violation, including a con9 viction for a violation committed in a noncommercial

10 motor vehicle.’’.

11 (d) DIVERSION OR SPECIAL LICENSING PRO12 GRAMS.—Section 31311(a)(10) of title 49, United States

13 Code, is amended by adding a new sentence at the end

14 as follows: ‘‘The State may not issue a special license or

15 permit to a commercial driver’s license holder that permits

16 the driver to drive a commercial motor vehicle during a

17 period in which the individual is disqualified from oper18 ating a commercial motor vehicle or the individual’s driv19 er’s license is revoked, suspended, or canceled.’’.

20 (e) TRANSFER OF AMOUNTS FOR STATE NON21 COMPLIANCE.—(1) Section 31314 of title 49, United

22 States Code, is amended to read as follows:
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1 ‘‘§ 31314. Transfer of amounts for State noncompli2 ance

3 ‘‘(a) IN GENERAL.—On October 1, 2001, or as soon

4 thereafter as practicable, and each October 1 thereafter,

5 if a State has not complied substantially with all require6 ments of section 31311(a) of this title, the Secretary of

7 Transportation shall transfer up to 5 percent of the

8 amount required to be apportioned to the State on that

9 date under each of paragraphs (1), (3), and (4) of section

10 104(b) of title 23 to the amount made available to the

11 State to carry out section 31102.

12 ‘‘(b) TRANSFER OF OBLIGATION AUTHORITY.—If the

13 Secretary transfers under this section any funds to the

14 apportionment to a State under section 31102 of this title

15 for a fiscal year, the Secretary shall transfer an equal

16 amount of obligation authority distributed for the fiscal

17 year to the State.

18 ‘‘(c) LIMITATION ON APPLICABILITY OF OBLIGATION

19 LIMITATION.—Notwithstanding any other provision of

20 law, no limitation on the total of obligations to carry out

21 section 31102 of this title shall apply to funds transferred

22 under this section to the apportionment of a State under

23 such section.’’.

24 (2) Item 31314 in the analysis of chapter 313 of title

25 49, United States Code, is amended to read as follows:

‘‘31314. Transfer of amounts for State noncompliance.’’.
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1 SEC. 103. SAFETY FITNESS OF OWNERS AND OPERATORS.

2 Section 31144(b)(1) of title 49, United States Code,

3 is amended by inserting the following before the period

4 at the end of that paragraph: ‘‘, including a requirement

5 that no owner or operator that begins commercial motor

6 vehicle operations after the date of enactment of this sec7 tion will be determined to be fit unless such owner or oper8 ator has attended a program for the education of owners

9 and operators that covers, at a minimum, safety, size and

10 weight, and financial responsibility regulations adminis11 tered by the Secretary. The Secretary shall assess a fee

12 to defray the cost of the program. The Secretary may use

13 third parties to provide the education program.’’.

14 SEC. 104. REDISTRIBUTION OF UNUSED FEDERAL-AID OBLI15 GATION AUTHORITY.

16 Section 1102(d) of the Transportation Equity Act for

17 the 21st Century (Public Law 105–178) is amended by

18 inserting at the end the following: ‘‘, except that, begin19 ning in fiscal year 2001 through fiscal year 2003, no redis20 tribution shall be made to a State that fails to reduce the

21 number of fatalities in a year resulting from commercial

22 motor vehicle crashes by at least 5 percent, based on the

23 most recent year for which such data are available com24 pared to the previous year. For purposes of this section

25 ‘commercial motor vehicle’ has the meaning specified in

26 section 31301 of title 49, United States Code.’’.
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1 SEC. 105. ON-BOARD RECORDERS.

2 (a) FEDERAL REGULATIONS.—The Secretary of

3 Transportation, after notice and opportunity for comment,

4 shall issue regulations requiring, as appropriate, the in5 stallation and use of on-board recorders or other tech6 nologies on commercial motor vehicles to manage the

7 hours of service of drivers.

8 (b) DEFINITIONS.—In this section ‘‘commercial

9 motor vehicle’’ has the meaning specified in section 31132

10 of title 49, United States Code.

11 (c) DEADLINES.—The regulations required under

12 subsection (a) of this section shall be developed pursuant

13 to a rulemaking proceeding initiated within 120 days after

14 enactment of this section and shall be issued not later

15 than 2 years after the date of enactment.

16 SEC. 106. DRIVER COMPENSATION AND SAFETY STUDY.

17 (a) STUDY.—The Secretary of Transportation shall

18 conduct a study to identify methods used to compensate

19 drivers of commercial motor vehicles, examine how dif20 ferent methods may affect safety and compliance with

21 Federal and State motor carrier safety requirements, in22 cluding hours of service regulations, and identify ways

23 safety could be improved through changes in driver com24 pensation. Such study should include an examination of

25 compensation incentives which could improve safety and

26 compliance with safety regulations.
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1 (b) CONSULTATION.—In carrying out the study, the

2 Secretary shall consult with private and for-hire motor

3 carriers, independent owner operators, organized labor,

4 drivers, safety organizations, and State and local govern5 ments.

6 (c) REPORT.—Not later than 3 years after the date

7 of enactment of this section, the Secretary shall transmit

8 to Congress a report on the results of the study with any

9 recommendations the Secretary determines appropriate as

10 a result of the study.

11 (d) AVAILABILITY OF AMOUNTS.—$250,000 per fis12 cal year for fiscal years 2001 through 2003 are made

13 available from the Highway Trust Fund (other than the

14 Mass Transit Account) for the Secretary of Transpor15 tation to carry out this section.

16 (e) CONTRACT AUTHORITY; DATE AVAILABLE FOR

17 OBLIGATION.—The amounts made available by this sec18 tion from the Highway Trust Fund (other than the Mass

19 Transit Account) to carry out this section shall be avail20 able for obligation on October 1, or as soon thereafter as

21 practicable, of the fiscal year for which they are available

22 for obligation.

23 SEC. 107. PUBLIC INFORMATION AND EDUCATION.

24 The Secretary of Transportation shall expend from

25 administrative funds deducted under section 104(a) of
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1 title 23, United States Code, not more than $500,000 for

2 each fiscal year, beginning in fiscal year 2001, to carry

3 out public information and education programs to prevent

4 crashes involving commercial motor vehicles. The Sec5 retary shall make grants to at least 3 entities from among

6 States, local governments, law enforcement organizations,

7 private sector entities, nonprofit organizations, or com8 mercial motor vehicle driver organizations to develop and

9 implement programs to discourage drivers of commercial

10 motor vehicles and drivers of passenger vehicles and motor

11 carriers from taking safety risks. Such programs may be

12 based on methods used in other public safety campaigns

13 to improve driver performance.

14 SEC. 108. PERIODIC REFILING OF MOTOR CARRIER IDENTI15 FICATION REPORTS.

16 (a) FEDERAL REGULATIONS.—The Secretary of

17 Transportation shall amend section 385.21 of title 49,

18 Code of Federal Regulations, to require periodic updating

19 of the Motor Carrier Identification Report, Form MCS–

20 150, by each motor carrier conducting operations in inter21 state or foreign commerce.

22 (b) AVAILABILITY OF AMOUNTS.—$5,500,000 per

23 year, for fiscal years 2001 through 2003, are made avail24 able from the Highway Trust Fund (other than the Mass
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1 Transit Account) to the Secretary of Transportation to

2 carry out this section.

3 (c) ADMINISTRATIVE COSTS.—The Secretary may

4 use, for the administration of this section, amounts made

5 available under subsection (b) of this section for each of

6 fiscal years 2001 through 2003.

7 (d) CONTRACT AUTHORITY; DATE AVAILABLE FOR

8 OBLIGATION.—The amounts made available by this sec9 tion from the Highway Trust Fund (other than the Mass

10 Transit Account) to carry out this section shall be avail11 able for obligation on October 1, or as soon thereafter as

12 practicable, of the fiscal year for which they are available

13 for obligation.

14 SEC. 109. AIDING AND ABETTING.

15 (a) Chapter 5 of title 49, United States Code, is

16 amended by inserting the following after section 526:

17 ‘‘§ 527. Aiding and abetting

18 ‘‘A person who knowingly aids, abets, counsels, com19 mands, induces, or procures a violation of a regulation or

20 order issued by the Secretary of Transportation under

21 chapter 311 or section 31502 of this title shall be subject

22 to civil and criminal penalties under this chapter to the

23 same extent as the motor carrier or driver who commits

24 a violation.’’.
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1 (b) The analysis of chapter 5 of title 49, United

2 States Code, is amended by adding the following at the

3 end:

‘‘527. Aiding and abetting.’’.

4 SEC. 110. IMMINENT HAZARD.

5 Section 521(b)(5) of title 49, United States Code, is

6 amended by revising subparagraph (B) to read as follows:

7 ‘‘(B) In this paragraph ‘imminent hazard’

8 means any violation, or series of violations, of

9 the statutes or regulations specified in subpara10 graph (A) of this paragraph that could result in

11 a highway crash if not discontinued within 24

12 hours.’’.

13 SEC. 111. INNOVATIVE TRAFFIC LAW PILOT PROGRAM.

14 (a) PILOT PROGRAM.—The Secretary of Transpor15 tation shall carry out a pilot program in cooperation with

16 1 or more States to develop innovative methods of improv17 ing compliance with traffic laws, including those per18 taining to highway-rail grade crossings. Such methods

19 may include the use of photography and other imaging

20 technologies.

21 (b) REPORT.—Not later than 3 years after the start

22 of the pilot program, the Secretary shall transmit to Con23 gress a report on the results of the pilot program, together

24 with any recommendations as the Secretary determines

25 appropriate.
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1 (c) AVAILABILITY OF AMOUNTS.—$500,000 per year,

2 for fiscal years 2001 through 2003, are made available

3 from the Highway Trust Fund (other than the Mass Tran4 sit Account) to the Secretary of Transportation to carry

5 out this section.

6 (d) CONTRACT AUTHORITY; DATE AVAILABLE FOR

7 OBLIGATION.—The amounts made available by this sec8 tion from the Highway Trust Fund (other than the Mass

9 Transit Account) to carry out this section shall be avail10 able for obligation on October 1, or as soon thereafter as

11 practicable, of the fiscal year for which they are made

12 available for obligation.

13 SEC. 112. RESEARCH ON HEAVY VEHICLE SAFETY AND

14 DRIVER PERFORMANCE.

15 (a) RESEARCH ON HEAVY VEHICLE SAFETY AND

16 DRIVER PERFORMANCE.—The Secretary, through the Na17 tional Highway Traffic Safety Administration, shall con18 duct research on heavy vehicle safety, including measures

19 to improve braking and stability, measures to improve ve20 hicle compatibility in crashes between heavier and lighter

21 vehicles, and measures to improve the performance of

22 motor vehicle drivers.

23 (b) AVAILABILITY OF AMOUNTS.—$5,000,000 per

24 year, for fiscal years 2001 through 2003, are made avail25 able from the Highway Trust Fund (other than the Mass
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1 Transit Account) to the Secretary of Transportation to

2 carry out this section.

3 (c) CONTRACT AUTHORITY; DATE AVAILABLE FOR

4 OBLIGATION.—The amounts made available by this sec5 tion from the Highway Trust Fund (other than the Mass

6 Transit Account) to carry out this section shall be avail7 able for obligation on October 1, or as soon thereafter as

8 practicable, of the fiscal year for which they are made

9 available for obligation.

10 SEC. 113. IMPROVED DATA ANALYSIS SYSTEM.

11 (a) IN GENERAL.—The Secretary of Transportation

12 shall carry out a program, in cooperation with the States,

13 to improve the collection and analysis of data on crashes

14 involving commercial vehicles.

15 (b) PROGRAM ADMINISTRATION.—The Secretary

16 shall administer the program through the National High17 way Traffic Safety Administration, which shall be respon18 sible for entering into agreements with the States to col19 lect data, train State employees to assure the quality and

20 uniformity of the data, and report the data by electronic

21 means to a central data repository.

22 (c) PROGRAM DEVELOPMENT.—The National High23 way Traffic Safety Administration and the Federal High24 way Administration shall develop a data program in co25 operation with the States, motor carriers, and other data
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1 users to determine data needs; develop data definitions to

2 assure high-quality, compatible data; and create an acces3 sible database that will improve commercial vehicle safety.

4 The program should also incorporate driver citation and

5 conviction information into the data system. Emphasis

6 should also be placed on highway and traffic data.

7 (d) USE OF DATA.—The National Highway Traffic

8 Safety Administration shall be responsible for integrating

9 the data; generating reports from the data; and making

10 the database available electronically to the Federal High11 way Administration, the States, motor carriers, and other

12 interested parties for problem identification, program eval13 uation, planning, and other safety-related activities.

14 (e) REPORT.—Not later than 3 years after the start

15 of the improved data program, the Secretary shall trans16 mit to Congress a report on the program, together with

17 any recommendations as the Secretary determines appro18 priate.

19 (f) AVAILABILITY OF AMOUNTS.—Of the amounts

20 made available under section 31107 of title 49, United

21 States Code, $10,000,000 per year, for fiscal years 2001

22 through 2003, may be used by the Secretary of Transpor23 tation to carry out this section.

24 (g) CONTRACT AUTHORITY; DATE AVAILABLE FOR

25 OBLIGATION.—The amounts made available by this sec-
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1 tion from the Highway Trust Fund (other than the Mass

2 Transit Account) to carry out this section shall be avail3 able for obligation on October 1, or as soon thereafter as

4 practicable, of the fiscal year for which they are made

5 available for obligation.

6 SEC. 114. AUTHORIZATIONS—FISCAL YEARS 2001 THROUGH

7 2003.

8 (a) GRANTS.—Section 31104(a) of title 49, United

9 States Code, is amended by revising paragraphs (4)

10 through (6) to read as follows:

11 ‘‘(4) Not more than $125,500,000 for fiscal

12 year 2001.

13 ‘‘(5) Not more than $130,500,000 for fiscal

14 year 2002.

15 ‘‘(6) Not more than $135,500,000 for fiscal

16 year 2003.’’.

17 (b) INFORMATION SYSTEMS.—Section 31107(a) of

18 title 49, United States Code, is amended by—

19 (1) striking ‘‘and’’ in paragraph (2); and

20 (2) revising paragraphs (3) and (4) to read as

21 follows:

22 ‘‘(3) $36,500,000 for each of fiscal years 2001

23 and 2002; and

24 ‘‘(4) $39,500,000 for fiscal year 2003.’’.
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1 TITLE II—HIGHWAY-RAIL GRADE

2 CROSSING SAFETY

3 SEC. 201. SHORT TITLE.

4 This title may be cited as the ‘‘Highway-Rail Grade

5 Crossing Safety Act of 1999’’.

6 SEC. 202. EMERGENCY NOTIFICATION OF GRADE CROSSING

7 PROBLEMS.

8 Section 20152 of title 49, United States Code, is

9 amended to read as follows:

10 ‘‘§ 20152. Emergency notification of grade crossing

11 problems

12 ‘‘(a) PROGRAM.—(1) The Secretary of Transpor13 tation shall promote the establishment of emergency noti14 fication systems utilizing toll-free telephone numbers that

15 the public can use to convey to railroad carriers, either

16 directly or through public safety personnel, information

17 about malfunctions of automated warning devices or other

18 safety problems at highway-rail grade crossings.

19 ‘‘(2) To assist in encouraging widespread use of such

20 systems, the Secretary may provide technical assistance

21 and enter into cooperative agreements. Such assistance

22 shall include appropriate emphasis on the public safety

23 needs associated with operation of small railroads.

24 ‘‘(b) REPORT.—Not later than 24 months following

25 enactment of the Highway-Rail Grade Crossing Safety Act
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1 of 1999, the Secretary shall report to Congress the status

2 of such emergency notification systems, together with any

3 recommendations for further legislation that the Secretary

4 considers appropriate.

5 ‘‘(c) CLARIFICATION OF TERM.—In this section, the

6 use of the term ‘emergency’ does not alter the cir7 cumstances under which a signal employee subject to the

8 hours of service law limitations in chapter 211 of this title

9 may be permitted to work up to 4 additional hours in a

10 24-hour period when an ‘emergency’ under section

11 21104(c) of this title exists and the work of that employee

12 is related to the emergency.’’.

13 SEC. 203. VIOLATION OF GRADE CROSSING SIGNALS.

14 (a) IN GENERAL.—Section 20151 of title 49, United

15 States Code, is amended—

16 (1) by amending the section heading to read as

17 follows:

18 ‘‘§ 20151. Strategy to prevent railroad trespassing and

19 vandalism and violation of grade crossing

20 signals’’;

21 (2) in subsection (a)—

22 (A) by striking ‘‘and vandalism affecting

23 railroad safety’’ and inserting ‘‘, vandalism af24 fecting railroad safety, and violations of high25 way-rail grade crossing signals’’;
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1 (B) by inserting ‘‘, concerning trespassing

2 and vandalism,’’ after ‘‘such evaluation and re3 view’’; and

4 (C) by inserting ‘‘The second such evalua5 tion and review, concerning violations of high6 way-rail grade crossing signals, shall be com7 pleted not later than 1 year after the date of

8 enactment of the Highway-Rail Grade Crossing

9 Safety Act of 1999’’ after ‘‘November 2,

10 1994.’’;

11 (3) in the subsection heading of subsection (b),

12 by inserting ‘‘FOR TRESPASSING AND VANDALISM

13 PREVENTION’’ after ‘‘OUTREACH PROGRAM’’;

14 (4) in subsection (c)—

15 (A) by redesignating paragraphs (1) and

16 (2) as subparagraphs (A) and (B), respectively;

17 (B) by inserting ‘‘(1)’’ after ‘‘MODEL LEG18 ISLATION.—’’; and

19 (C) by adding at the end the following new

20 paragraph:

21 ‘‘(2) Not later than 2 years after the date of enact22 ment of the Highway-Rail Grade Crossing Safety Act of

23 1999, the Secretary, after consultation with State and

24 local governments and railroad carriers, shall develop and

25 make available to State and local governments model State
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1 legislation providing for civil or criminal penalties, or both,

2 for violations of highway-rail grade crossing signals.’’; and

3 (5) by adding at the end the following new sub4 section:

5 ‘‘(d) DEFINITION.—In this section ‘violation of high6 way-rail grade crossing signals’ includes any action by a

7 motor vehicle operator, unless directed by an authorized

8 safety office—

9 ‘‘(1) to drive around or through a grade cross10 ing gate in a position intended to block passage over

11 railroad tracks;

12 ‘‘(2) to drive through a flashing grade crossing

13 signal;

14 ‘‘(3) to drive through a grade crossing with pas15 sive warning signs without determining that the

16 grade crossing could be safely crossed before any

17 train arrives; and

18 ‘‘(4) in the vicinity of a grade crossing, that

19 creates a hazard of an accident involving injury or

20 property damage at the grade crossing.’’.

21 (b) CONFORMING AMENDMENT.—The item relating

22 to section 20151 in the table of sections for subchapter

23 II of chapter 201 of title 49, United States Code, is

24 amended to read as follows:

‘‘20151. Strategy to prevent railroad trespassing and vandalism and violation of

grade crossing signals.’’.
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1 SEC. 204. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY.

2 (a) AMENDMENT.—Subchapter II of chapter 201 of

3 title 49, United States Code, is amended by adding at the

4 end the following:

5 ‘‘§ 20154. National highway-rail crossing inventory

6 ‘‘(a) MANDATORY INITIAL REPORTING OF CROSSING

7 INFORMATION.—No later than September 30, 2001, each

8 railroad carrier shall—

9 ‘‘(1) report to the Secretary of Transportation

10 certain information, as specified by the Secretary by

11 rule or order issued after notice and opportunity for

12 public comment or by guidelines, concerning each

13 highway-rail crossing through which the carrier op14 erates; or

15 ‘‘(2) otherwise ensure that the information has

16 been reported to the Secretary by that date.

17 ‘‘(b) MANDATORY PERIODIC UPDATING OF CROSSING

18 INFORMATION.—On a periodic basis beginning no later

19 than September 30, 2003, and not less often than Sep20 tember 30 of every third year thereafter, or as otherwise

21 specified by the Secretary of Transportation by rule or

22 order issued after notice and opportunity for public com23 ment or by guidelines, each railroad carrier shall—

24 ‘‘(1) report to the Secretary certain current in25 formation, as specified by the Secretary by rule or

26 order issued after notice and opportunity for public
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1 comment or by guidelines, concerning each highway2 rail grade crossing through which it operates; or

3 ‘‘(2) otherwise ensure that the information has

4 been reported to the Secretary by that date.

5 ‘‘(c) DEFINITIONS.—In this section—

6 ‘‘(1) ‘highway-rail crossing’ means a location

7 within a State where a public highway, road, street,

8 or private roadway, including associated sidewalks

9 and pathways, crosses 1 or more railroad tracks ei10 ther at grade or grade separated; and

11 ‘‘(2) ‘State’ means a State of the United

12 States, the District of Columbia, Puerto Rico, the

13 Northern Mariana Islands, Guam, American Samoa,

14 and the Virgin Islands.’’.

15 (b) TABLE OF SECTIONS AMENDMENT.—The table of

16 sections for chapter 201 of title 49, United States Code,

17 is amended by adding after item 20153 the following:

‘‘20154. National highway-rail crossing inventory.’’.

18 (c) AMENDMENT.—Section 130 of title 23, United

19 States Code, is amended—

20 (1) by amending the section heading to read as

21 follows:

22 ‘‘§ 130. Highway-rail crossings’’;

23 and

24 (2) by inserting the following new subsection at

25 the end:
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1 ‘‘(k) NATIONAL HIGHWAY-RAIL CROSSING INVEN2 TORY.—

3 ‘‘(1) MANDATORY INITIAL REPORTING OF

4 CROSSING INFORMATION.—No later than September

5 30, 2001, each State shall—

6 ‘‘(A) report to the Secretary of Transpor7 tation certain information, as specified by the

8 Secretary by rule or order issued after notice

9 and opportunity for public comment or by

10 guidelines, concerning each highway-rail cross11 ing located within its borders; or

12 ‘‘(B) otherwise ensure that the information

13 has been reported to the Secretary by that date.

14 ‘‘(2) MANDATORY PERIODIC UPDATING OF

15 CROSSING INFORMATION.—On a periodic basis be16 ginning no later than September 30, 2003, and not

17 less often than by September 30, of every third year

18 thereafter, or as otherwise specified by the Secretary

19 of Transportation by rule or order issued after no20 tice and opportunity for public comment or by guide21 lines, each State shall—

22 ‘‘(A) report to the Secretary certain cur23 rent information, as determined by the Sec24 retary by rule or order issued after notice and

25 opportunity for public comment or by guide-
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1 lines, concerning each highway-rail crossing lo2 cated within its borders; or

3 ‘‘(B) otherwise ensure that the information

4 has been reported to the Secretary by that date.

5 ‘‘(3) DEFINITIONS.—In this subsection—

6 ‘‘(A) ‘highway-rail crossing’ means a loca7 tion where a public highway, road, street, or

8 private roadway, including associated sidewalks

9 and pathways, crosses 1 or more railroad tracks

10 either at grade or grade separated; and

11 ‘‘(B) ‘State’ means a State of the United

12 States, the District of Columbia, Puerto Rico,

13 the Northern Mariana Islands, Guam, Amer14 ican Samoa, and the Virgin Islands.’’.

15 (d) TABLE OF SECTIONS AMENDMENT.—The table

16 of sections for chapter 1 of title 23, United States Code,

17 is amended by striking the existing item for section 130

18 and inserting the following:

‘‘130. Highway-rail crossings.’’.

19 (e) CIVIL PENALTIES.—(1) Section 21301(a)(1) of

20 title 49, United States Code, is amended—

21 (A) by striking the period at the end of the first

22 sentence and inserting ‘‘or with section 20154 of

23 this title.’’; and
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1 (B) in the second sentence, by inserting ‘‘or vio2 lating section 20154’’ between ‘‘chapter 201’’ and

3 ‘‘is liable’’.

4 (2) Section 21301(a)(2) of title 49, United States

5 Code, is amended by inserting after the first sentence the

6 following: ‘‘The Secretary shall subject a person to a civil

7 penalty for a violation of section 20154 of this title.’’.

Æ