406
HR 2400 RDS
‘‘(1) IN GENERAL.—The Secretary may conduct
pilot programs to evaluate innovative approaches to
motor carrier, vehicle, and driver safety. Such pilot
programs may include exemptions from a regulation
prescribed under this chapter or section 31136 if the
pilot program contains, at a minimum, the elements
described in paragraph (2). The Secretary shall pub-
lish in the Federal Register a detailed description of
the program and the exemptions to be considered
and provide notice and an opportunity for public
comment before the effective date of any exemptions.
‘‘(2) PROGRAM
ELEMENTS.—In proposing a
pilot program and before granting exemptions for
purposes of a pilot program, the Secretary shall in-
clude, at a minimum, the following elements in each
pilot program plan:
‘‘(A) A program scheduled life of not more
than 3 years.
‘‘(B) A scientifically valid methodology and
study design, including a specific data collection
and analysis plan, that identifies appropriate
control groups for comparison.
‘‘(C) The fewest participants necessary to
yield statistically valid findings.
407
HR 2400 RDS
‘‘(D) Observance of appropriate ethical
protocols for the use of human subjects in field
experiments.
‘‘(E) An oversight plan to ensure that par-
ticipants comply with the terms and conditions
of participation.
‘‘(F) Adequate countermeasures to protect
the health and safety of study participants and
the general public.
‘‘(G) A plan to inform State partners and
the public about the pilot program and to iden-
tify approved participants to safety compliance
and enforcement personnel and to the public.
‘‘(3) AUTHORITY TO REVOKE PARTICIPATION.—
The Secretary shall immediately revoke participation
in a pilot program of a motor carrier, vehicle, or
driver for failure to comply with the terms and con-
ditions of the pilot program or if continued partici-
pation would not be consistent with the goals and
objectives of this chapter or section 31136, as the
case may be.
‘‘(4) AUTHORITY TO TERMINATE PROGRAM.—
The Secretary shall immediately terminate a pilot
program if its continuation would not be consistent
408
HR 2400 RDS
with the goals and objectives of this chapter or sec-
tion 31136, as the case may be.
‘‘(5) REPORT TO CONGRESS.—At the conclusion
of each pilot program, the Secretary shall promptly
report to Congress the findings, conclusions, and
recommendations of the program, including sug-
gested amendments to law or regulation that would
enhance motor carrier, vehicle, and driver safety and
improve compliance with national safety standards.
‘‘(c) PREEMPTION OF STATE RULES.—During the
time period that an exemption or pilot program is in effect
under this section, no State shall enforce any law or regu-
lation that conflicts with or is inconsistent with an exemp-
tion or pilot program with respect to a person exercising
the exemption or participating in the pilot program.’’.
(b) TABLE OF SECTIONS.—The table of sections for
chapter 313 is amended by striking the item relating to
section 31315 and inserting the following:
‘‘31315. Exemptions and pilot programs.’’.
(c) CONFORMING AMENDMENT.—Section 31136(e) is
amended to read as follows:
‘‘(e) EXEMPTIONS.—The Secretary may grant ex-
emptions from any regulation prescribed under this sec-
tion in accordance with section 31315.’’.
(d) PROTECTION OF EXISTING EXEMPTIONS.—The
amendments made by subsections (a) and (c) of this sec-
409
HR 2400 RDS
tion shall not apply to or otherwise affect an exemption
or waiver in effect on the day before the date of the enact-
ment of this Act under section 31315 or 31136(e) of title
49, United States Code.
SEC. 407. SAFETY REGULATION.
(a) COMMERCIAL MOTOR VEHICLE DEFINED.—Sec-
tion 31132(1) is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘or gross vehicle weight’’
after ‘‘rating’’; and
(B) by inserting ‘‘, whichever is greater’’
after ‘‘pounds’’; and
(2) in subparagraph (B)—
(A) by inserting ‘‘or livery’’ after ‘‘taxi-
cab’’; and
(B) by striking ‘‘6 passengers’’ and insert-
ing ‘‘8 passengers, including the driver,’’.
(b) REPEAL OF REVIEW PANEL.—Section 31134,
and the item relating to such section in the table of sec-
tions for chapter 311, are repealed.
(c) REPEAL OF SUBMISSION TO REVIEW PANEL.—
Section 31140, and the item relating to such section in
the table of sections for chapter 311, are repealed.
(d) REVIEW PROCEDURE.—Section 31141 is amend-
ed—
410
HR 2400 RDS
(1) by striking subsections (b) and (c) and in-
serting the following:
‘‘(b) SUBMISSION OF REGULATION.—A State that
enacts a State law or issues a regulation on commercial
motor vehicle safety shall submit a copy of the law or regu-
lation to the Secretary of Transportation immediately
after the enactment or issuance.
‘‘(c) REVIEW AND DECISIONS BY SECRETARY.—
‘‘(1) REVIEW.—The Secretary shall review
State laws and regulations on commercial motor ve-
hicle safety. The Secretary shall decide whether the
State law or regulation—
‘‘(A) has the same effect as a regulation
prescribed by the Secretary under section
31136;
‘‘(B) is less stringent than such regulation;
or
‘‘(C) is additional to or more stringent
than such regulation.
‘‘(2) REGULATIONS
WITH
SAME
EFFECT.—If
the Secretary decides a State law or regulation has
the same effect as a regulation prescribed by the
Secretary under section 31136 of this title, the State
law or regulation may be enforced.
411
HR 2400 RDS
‘‘(3) LESS STRINGENT REGULATIONS.—If the
Secretary decides a State law or regulation is less
stringent than a regulation prescribed by the Sec-
retary under section 31136 of this title, the State
law or regulation may not be enforced.
‘‘(4) ADDITIONAL OR MORE STRINGENT REGU-
LATIONS.—If the Secretary decides a State law or
regulation is additional to or more stringent than a
regulation prescribed by the Secretary under section
31136 of this title, the State law or regulation may
be enforced unless the Secretary also decides that—
‘‘(A) the State law or regulation has no
safety benefit;
‘‘(B) the State law or regulation is incom-
patible with the regulation prescribed by the
Secretary; or
‘‘(C) enforcement of the State law or regu-
lation would cause an unreasonable burden on
interstate commerce.
‘‘(5) CONSIDERATION
OF
EFFECT
ON
INTER-
STATE
COMMERCE.—In deciding under paragraph
(4) whether a State law or regulation will cause an
unreasonable burden on interstate commerce, the
Secretary may consider the effect on interstate com-
merce of implementation of that law or regulation
413
HR 2400 RDS
SEC. 408. IMPROVED INTERSTATE SCHOOL BUS SAFETY.
(a) APPLICABILITY OF FEDERAL MOTOR CARRIER
SAFETY REGULATIONS TO INTERSTATE SCHOOL BUS OP-
ERATIONS.—Section 31136 is amended by adding at the
end the following:
‘‘(g) APPLICABILITY TO SCHOOL TRANSPORTATION
OPERATIONS
OF LOCAL EDUCATION AGENCIES.—Not
later than 6 months after the date of the enactment of
this subsection, the Secretary shall issue regulations mak-
ing the relevant commercial motor carrier safety regula-
tions issued under subsection (a) applicable to all inter-
state school transportation operations by local educational
agencies (as defined in section 14101 of the Elementary
and Secondary Education Act of 1965).’’.
(b) REPORT.—Not later than 2 years after the date
of the enactment of this Act, the Secretary shall submit
to Congress a report describing the status of compliance
by private for-hire motor carriers and local educational
agencies in meeting the requirements of section 31136 of
title 49, United States Code, and any activities of the Sec-
retary or the States to enforce such requirements.
SEC. 409. REPEAL OF CERTAIN OBSOLETE MISCELLANEOUS
AUTHORITIES.
Subchapter IV of chapter 311 (including sections
31161 and 31162), and the items relating to such sub-
414
HR 2400 RDS
chapter and sections in the table of sections for chapter
311, are repealed.
SEC. 410. COMMERCIAL VEHICLE OPERATORS.
(a) COMMERCIAL MOTOR VEHICLE DEFINED.—Sec-
tion 31301(4) is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘or gross vehicle weight’’
after ‘‘rating’’ the first 2 places it appears; and
(B) by inserting ‘‘, whichever is greater,’’
after ‘‘pounds’’ the first place it appears; and
(2) in subparagraph (C)(ii) by inserting ‘‘is’’
before ‘‘transporting’’ each place it appears.
(b) PROHIBITION
ON CMV OPERATION WITHOUT
CDL.—
(1) IN GENERAL.—Section 31302 is amended
to read as follows:
‘‘§ 31302. Driver’s license requirement
‘‘An individual may operate a commercial motor vehi-
cle only if the individual has a valid commercial driver’s
license. An individual operating a commercial motor vehi-
cle may have only one driver’s license at any time.’’.
(2) CONFORMING AMENDMENT.—The item re-
lating to section 31302 in the table of sections for
chapter 313 is amended to read as follows:
‘‘31302. Driver’s license requirement.’’.
(c) UNIQUE IDENTIFIERS IN CDLS.—
415
HR 2400 RDS
(1) IN GENERAL.—Section 31308(2) is amend-
ed by inserting before the semicolon ‘‘and each li-
cense issued after January 1, 2000, include unique
identifiers to minimize fraud and duplication’’.
(2) DEADLINE
FOR
ISSUANCE
OF
REGULA-
TIONS.—Not later than 180 days after the date of
the enactment of this Act, the Secretary shall issue
regulations to carry out the amendment made by
paragraph (1).
(d) COMMERCIAL DRIVER’S LICENSE INFORMATION
SYSTEM.—Section 31309 is amended—
(1) in subsection (a) by striking ‘‘make an
agreement under subsection (b) of this section for
the operation of, or establish under subsection (c) of
this section,’’ and inserting ‘‘maintain’’;
(2) by inserting after the first sentence of sub-
section (a) the following: ‘‘The system shall be co-
ordinated with activities carried out under section
31106.’’;
(3) by striking subsections (b) and (c);
(4) in subsection (d)(1)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (E);
(B) by striking the period at the end of
subparagraph (F) and inserting ‘‘; and’’; and
416
HR 2400 RDS
(C) by adding at the end the following:
‘‘(G) information on all fines, penalties, convic-
tions, and failure to appear for a hearing or trial in-
curred by the operator with respect to operation of
a motor vehicle for a period of not less than 3 years
beginning on the date of the imposition of such a
fine or penalty or the date of such a conviction or
failure to appear.’’;
(5) by striking subsection (d)(2) and inserting
the following:
‘‘(2) The information system under this section must
accommodate any unique identifiers required to minimize
fraud or duplication of a commercial driver’s license under
section 31308(2).’’;
(6) by striking subsection (e) and inserting the
following:
‘‘(e) AVAILABILITY OF INFORMATION.—Information
in the information system shall be made available and sub-
ject to review and correction in accordance with section
31106(e).’’;
(7) in subsection (f) by striking ‘‘If the Sec-
retary establishes an information system under this
section, the’’ and inserting ‘‘The’’;
(8) by striking ‘‘shall’’ in the first sentence of
subsection (f) and inserting ‘‘may’’; and
417
HR 2400 RDS
(9) by redesignating subsections (d), (e), and
(f) as subsections (b), (c), and (d), respectively.
(e) REPEAL OF OBSOLETE GRANT PROGRAMS.—Sec-
tions 31312 and 31313, and the items relating to such
sections in the table of sections for chapter 313, are re-
pealed.
(f) UPDATING AMENDMENTS.—Section 31314 is
amended—
(1) by striking ‘‘(2), (5), and (6)’’ each place it
appears in subsections (a) and (b) and inserting
‘‘(3), and (5)’’;
(2) in subsection (c) by striking ‘‘(1) Amounts’’
and all that follows through ‘‘(2) Amounts’’ and in-
serting ‘‘Amounts’’;
(3) by striking subsection (d); and
(4) by redesignating subsection (e) as sub-
section (d).
SEC. 411. INTERIM BORDER SAFETY IMPROVEMENT PRO-
GRAM.
(a) PROGRAM.—The Secretary shall carry out a pro-
gram to improve commercial motor vehicle safety in the
vicinity of borders between the United States and Canada
and the United States and Mexico.
418
HR 2400 RDS
(b) GRANT AND OTHER AUTHORITY.—The Secretary
may expend funds made available to carry out this sec-
tion—
(1) for making grants to border States, local
governments, organizations, and other persons to
carry out activities described in subsection (c);
(2) for personnel of the Department of Trans-
portation to conduct such activities; and
(3) for entry into contracts for the conduct of
such activities.
(c) USE OF FUNDS.—Activities for which funds may
be expended under this section include—
(1) employment by the Department of Trans-
portation or a border State of additional personnel
to enforce commercial motor vehicle safety regula-
tions described in subsection (a);
(2) training of personnel to enforce such regula-
tions;
(3) development of data bases and communica-
tion systems to improve commercial motor vehicle
safety; and
(4) education and outreach initiatives.
(d) CRITERIA.—In selecting activities and projects
for funding under this section, the Secretary shall consider
current levels of enforcement by border States, cross bor-
419
HR 2400 RDS
der traffic patterns (including volume of commercial motor
vehicle traffic), location of inspection facilities, and such
other factors as the Secretary determines will result in the
greatest safety improvement and benefit to border States
and the Nation.
(e) FEDERAL SHARE.—
(1) IN GENERAL.—The Federal share payable
under a grant made under this section for—
(A) any activity described in paragraph
(2), (3), or (4) of subsection (c) shall be 80 per-
cent; and
(B) any activity described in subsection
(c)(1) shall be—
(i) 80 percent for the first 2 years
that a State receives a grant under this
section for such activity;
(ii) 50 percent for the third and
fourth years that a State receives a grant
under this section for such activity; and
(iii) 25 percent for the fifth and sixth
years that a State receives a grant under
this section for such activity.
(2) IN-KIND CONTRIBUTIONS.—In determining
the non-Federal costs under paragraph (1), the Sec-
retary shall include in-kind contributions by the