merce and providing transportation in such State or
States to, or to collect fees to—
‘‘(1) register its interstate operating authority;
‘‘(2) file information on its interstate Federal
financial responsibility; or
‘‘(3) designate its service of process agent.’’.
(c) DEADLINE.—Section 13908(e) of such title is
amended—
(1) by striking ‘‘Not later than 24 months after
January 1, 1996,’’ and inserting ‘‘By January 1,
2002,’’;
(2) by inserting ‘‘and’’ after the semicolon at
the end of paragraph (1);
(3) by striking paragraph (2); and
(4) by redesignating paragraph (3) as para-
graph (2).
(d) CONFORMING AMENDMENT.—Section 13304(a)
of such title is amended by striking ‘‘and each State’’ and
all that follows through ‘‘filed with it’’.
SEC. 218. FOREIGN MOTOR CARRIER PENALTIES AND DIS-
QUALIFICATIONS.
(a) GENERAL RULE.—Subject to subsections (b) and
(c), a foreign motor carrier or foreign motor private car-
rier (as such terms are defined under section 13102 of
title 49, United States Code) that operates without au-
thority, before the implementation of the land transpor-
tation provisions of the North American Free Trade
Agreement, outside the boundaries of a commercial zone
along the United States-Mexico border (as such zones
were defined on December 31, 1995) shall be liable to the
United States for a civil penalty and shall be disqualified
from operating a commercial motor vehicle anywhere with-
in the United States as provided in subsections (b) and
(c).
(b) PENALTY FOR INTENTIONAL VIOLATION.—The
civil penalty for an intentional violation of subsection (a)
by a carrier shall not be more than $10,000 and may in-
clude a disqualification from operating a commercial
motor vehicle anywhere within the United States for a pe-
riod of not more than 6 months.
(c) PENALTY FOR PATTERN OF INTENTIONAL VIOLA-
TIONS.—The civil penalty for a pattern of intentional vio-
lations of subsection (a) by a carrier shall not be more
than $25,000 and the carrier shall be disqualified from
operating a commercial motor vehicle anywhere within the
United States and the disqualification may be permanent.
(d) SAVINGS CLAUSE.—No provision of this section
may be enforced if it is inconsistent with any international
agreement of the United States.
(e) ACTS OF EMPLOYEES.—The actions of any em-
ployee driver of a foreign motor carrier or foreign motor
private carrier committed without the knowledge of the
carrier or committed unintentionally shall not be grounds
for penalty or disqualification under this section.
SEC. 219. TEST RESULTS STUDY.
(a) IN GENERAL.—The Secretary of Transportation
shall conduct a study of the feasibility and merits of—
(1) requiring medical review officers to report
all verified positive controlled substances test results
on any driver subject to controlled substances test-
ing under part 382 of title 49, Code of Federal Reg-
ulations, including the identity of each person tested
and each controlled substance found, to the State
that issued the driver’s commercial driver’s license;
and
(2) requiring all prospective employers, before
hiring any driver, to query the State that issued the
driver’s commercial driver’s license on whether the
State has on record any verified positive controlled
substances test on such driver.
(b) STUDY FACTORS.—In carrying out the study
under this section, the Secretary shall assess—
(1) methods for safeguarding the confidentiality
of verified positive controlled substances test results;
(2) the costs, benefits, and safety impacts of re-
quiring States to maintain records of verified posi-
tive controlled substances test results; and
(3) whether a process should be established to
allow drivers—
(A) to correct errors in their records; and
(B) to expunge information from their
records after a reasonable period of time.
(c) REPORT.—Not later than 2 years after the date
of the enactment of this Act, the Secretary shall submit
to Congress a report on the study carried out under this
section, together with such recommendations as the Sec-
retary determines appropriate.
SEC. 220. USE OF RECORDING DEVICES IN COMMERCIAL
MOTOR VEHICLES.
(a) FINDING.—Congress finds that the use of elec-
tronic control modules in commercial motor vehicles may
prove useful to law enforcement officials investigating
crashes on the Nation’s highways and roads and may pre-
vent the future loss of life.
(b) STANDARDS.—
(1) IN
GENERAL.—The Administrator of the
National Motor Carrier Safety Administration shall
work with interested parties to develop standards re-
garding access to, and the relevant data to be re-
corded by, electronic control modules in commercial
motor vehicles.
(2) PRIVACY.—In developing standards under
this section, the Administrator shall ensure that the
privacy of data recorded by electronic control mod-
ules is protected to the highest standard.
SEC. 221. PASSENGER VAN SAFETY.
(a) OBJECTIVES.—The Secretary of Transportation
shall conduct a comprehensive study to determine the
causes of, and contributing factors to, crashes occurring
in the State of New Jersey that involve vehicles designed
to carry nine or more passengers. The study shall also
identify data, requirements, collection procedures, reports,
and other measures that will help the Department of
Transportation’s and States’ develop effective safety im-
provement policies and programs and identify activities
and other measures likely to lead to significant reductions
in the frequency, severity, and rate-per-mile traveled of
crashes involving such vehicles.
(b) CONSULTATION.—In designing and conducting
the study, the Secretary shall consult with persons with
expertise on—
(1) crash causation and prevention;
(2) commercial motor vehicles, drivers and their
representatives, and carriers;
(3) highways and noncommercial motor vehicles
and drivers;
(4) Federal and State highway and motor car-
rier safety programs; and
(5) research methods and statistical analysis.
(c) PUBLIC COMMENT.—The Secretary shall make
available for public comment information about the objec-
tives, methodology, implementation, findings, and other
aspects of the study.
(d) REPORT.—Not later than 1 year after the date
of the enactment of this Act, the Secretary shall transmit
to Congress the results of the study, together with any
legislative recommendations.
Passed the House of Representatives October 14,
1999.
Attest:
Clerk.