580 
total expenditure of amounts of the State and 
political subdivisions of the State (not including 
amounts of the United States) for commercial 
motor vehicle safety programs and for enforce-
ment of commercial motor vehicle size and 
weight limitations, drug interdiction, and State 
traffic safety laws and regulations under sub-
section (f) will be maintained at a level at least 
equal to the average level of that expenditure for 
the 3 most recent fiscal years ending before the 
date of enactment of the Motor Carrier Safety, 
Efficiency, and Accountability Act of 2012. 
‘‘(B) 
CALCULATING
STATE
EXPENDI-
TURES.—In calculating the average level of State 
expenditure, the Secretary— 
‘‘(i) may allow the State to exclude 
State expenditures for Government-spon-
sored demonstration or pilot programs; and 
‘‘(ii) shall require the State to exclude 
Government amounts. 
‘‘(c) GUIDANCE AND STANDARDS.— 
‘‘(1) IN GENERAL.—Not later than October 1, 
2013, the Secretary shall— 
‘‘(A) develop guidance on the effectiveness of 
specific enforcement and related activities in 
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generating reductions in fatalities and crashes 
involving commercial motor vehicles; and 
‘‘(B) publish standards for data timeliness, 
accuracy, and completeness that will allow 
States to meet the objectives of this section and 
that are consistent with the standards issued 
under section 31106(a)(4). 
‘‘(2) OPTIMIZATION OF ALLOCATIONS.—The Sec-
retary shall develop a tool for States to optimize allo-
cations of motor carrier safety resources to carry out 
enforcement and related activities to meet the objec-
tives of this section. 
‘‘(3) UPDATES
OF
GUIDANCE.—The Secretary 
shall update the guidance issued under paragraph 
(1)(A) periodically to reflect new information. 
‘‘(d) PERFORMANCE MEASURES.— 
‘‘(1) STATE
TARGETS.—For fiscal year 2014, 
and each fiscal year thereafter, each State, in the 
plan submitted by that State under subsection (b), 
shall— 
‘‘(A) 
establish 
targets, 
in 
quantifiable 
metrics, for enforcement activities, data quality, 
and other benchmarks to reduce fatalities and 
crashes involving commercial motor vehicles; 
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‘‘(B) select target activities in accordance 
with the Secretary’s latest guidance to ensure 
States pursue activities likely to generate max-
imum fatality and crash reduction; and 
‘‘(C) meet the standards for data published 
by the Secretary under subsection (c)(1)(B). 
‘‘(2) ANNUAL
UPDATES
OF
STATE
PLANS.—A 
State shall— 
‘‘(A) update its plan under subsection (b) 
annually to establish targets for the following fis-
cal year; and 
‘‘(B) submit the updated plan to the Sec-
retary. 
‘‘(3) REQUIREMENTS FOR TARGETS.—If a State 
receives an increase in grant funds under this section 
in a fiscal year as compared to the previous fiscal 
year, the targets established by the State under para-
graph (1) for the fiscal year shall exceed the levels 
achieved by the State in the previous fiscal year. 
‘‘(4) STATE REPORTS.— 
‘‘(A) INFORMATION
ON
FATALITIES
AND 
CRASHES INVOLVING COMMERCIAL MOTOR VEHI-
CLES.—Under the motor carrier safety assistance 
program, a State shall report to the Secretary 
the number and rate of fatalities and crashes in-
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volving commercial motor vehicles occurring in 
the State in the previous fiscal year. 
‘‘(B) OTHER INFORMATION.—A State shall 
include in the report required under subpara-
graph (A) information on commercial motor ve-
hicles registered in the State and involved in 
crashes in such fiscal year and any other infor-
mation requested by the Secretary. 
‘‘(5) ASSESSMENTS.—As part of the annual plan 
approval process under subsection (e), the Secretary 
shall assess whether— 
‘‘(A) a State met its targets in the previous 
fiscal year; and 
‘‘(B) targeted activities are reducing fatali-
ties and crashes involving commercial motor ve-
hicles. 
‘‘(e) PLAN REVIEW.— 
‘‘(1) APPROVAL
PROCESS.—Before distributing 
grant funds under subsection (f) in a fiscal year, the 
Secretary shall— 
‘‘(A) review each State plan submitted to 
the Secretary under subsection (b), as updated 
by the State under subsection (d); and 
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‘‘(B)(i) approve the plan if the Secretary 
determines that the plan is adequate to promote 
the objectives of this section; or 
‘‘(ii) disapprove the plan. 
‘‘(2) 
RESUBMITTAL.—If 
the 
Secretary 
dis-
approves a plan under this subsection, the Secretary 
shall— 
‘‘(A) give the State a written explanation; 
and 
‘‘(B) allow the State to modify and resub-
mit the plan for approval. 
‘‘(3) CONTINUOUS EVALUATION OF PLANS.— 
‘‘(A) IN GENERAL.—On the basis of reports 
submitted by the motor vehicle safety agency of 
a State with a plan approved under this sub-
section and the Secretary’s own investigations, 
the Secretary shall make a continuing evaluation 
of the way the State is carrying out the plan. 
‘‘(B) WITHDRAWAL OF APPROVAL.— 
‘‘(i) IN
GENERAL.—If the Secretary 
finds, after notice and opportunity for com-
ment, a State plan previously approved 
under this subsection is not being followed 
or has become inadequate to ensure enforce-
ment of the regulations, standards, or or-
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ders, the Secretary shall withdraw approval 
of the plan and notify the State. 
‘‘(ii) EFFECTIVE
DATE.—The plan 
shall not be effective beginning on the date 
the notice is received. 
‘‘(iii) JUDICIAL REVIEW.—A State ad-
versely affected by a withdrawal under this 
subparagraph may seek judicial review 
under chapter 7 of title 5. 
‘‘(C) ADMINISTRATIVE AND JUDICIAL PRO-
CEEDINGS.—Notwithstanding a withdrawal of 
approval of a State plan under this paragraph, 
the State may retain jurisdiction in administra-
tive or judicial proceedings begun before the date 
of the withdrawal if the issues involved are not 
related directly to the reasons for the with-
drawal. 
‘‘(f) GRANTS TO STATES.— 
‘‘(1) IN GENERAL.—Subject to the availability of 
funds, the Secretary shall make grants to States for 
the development or implementation of programs 
under this section in accordance with paragraph (3). 
‘‘(2) ELIGIBILITY.— 
‘‘(A) IN GENERAL.—A State shall be eligible 
for a grant under this subsection in a fiscal year 
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in an amount equal to the State’s allocated 
amount determined under section 31104(f) if the 
State has in effect a State plan under subsection 
(b) that has been approved by the Secretary 
under subsection (e) for that fiscal year. 
‘‘(B) WITHHOLDING
OF
FUNDS.—In the 
case of a State that does not meet the require-
ments of subparagraph (A) in a fiscal year, the 
Secretary may withhold grant funds from a 
State’s allocated amount determined under sec-
tion 31104(f) for that fiscal year as follows: 
‘‘(i) The Secretary may withhold up to 
25 percent of such funds if the State had a 
plan approved under subsection (e) for the 
fiscal year preceding the fiscal year of the 
grant, but has not had a plan approved 
under subsection (e) for the fiscal year of 
the grant. 
‘‘(ii) The Secretary may withhold up 
to 50 percent of such funds if the State had 
a plan approved under subsection (e) for the 
second fiscal year preceding the fiscal year 
of the grant, but has not had a plan ap-
proved under subsection (e) for the fiscal 
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year of the grant and the preceding fiscal 
year. 
‘‘(iii) The Secretary may withhold up 
to 75 percent of such funds if the State had 
a plan approved under subsection (e) for the 
third fiscal year preceding the fiscal year of 
the grant, but has not had a plan approved 
under subsection (e) for the fiscal year of 
the grant and the 2 preceding fiscal years. 
‘‘(iv) The Secretary may withhold 100 
percent of such funds if the State has not 
had a plan approved under subsection (e) 
for the fiscal year of the grant and the 3 
preceding fiscal years. 
‘‘(C) SUBSEQUENT AVAILABILITY OF WITH-
HELD FUNDS.—The Secretary shall make avail-
able to a State the grant funds withheld from the 
State for a fiscal year under subparagraph (B) 
if the Secretary approves the State’s plan under 
subsection (e) on or before the last day of that 
fiscal year. 
‘‘(D) 
REALLOCATION
OF
WITHHELD 
FUNDS.—If the Secretary withholds grant funds 
from a State for a fiscal year under subpara-
graph (B), and the State does not have a plan 
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588 
approved under subsection (e) on or before the 
last day of that fiscal year, such funds shall be 
released to the Secretary for reallocation among 
the States under section 31104(f) in the following 
fiscal year. 
‘‘(3) USE OF GRANT FUNDS.— 
‘‘(A) IN
GENERAL.—A State receiving a 
grant under this subsection shall use the grant 
funds for activities to further the State’s plan 
under subsection (b). 
‘‘(B) USE OF GRANTS TO ENFORCE OTHER 
LAWS.—Subject to subparagraph (C), a State 
may use grant funds received under this sub-
section— 
‘‘(i) if carried out in conjunction with 
an appropriate inspection of a commercial 
motor vehicle to enforce Federal or State 
commercial motor vehicle safety regulations, 
for— 
‘‘(I) enforcement of commercial 
motor vehicle size and weight limita-
tions at locations other than fixed 
weight facilities, at specific locations 
such as steep grades or mountainous 
terrains where the weight of a commer-
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589 
cial motor vehicle can significantly af-
fect the safe operation of the vehicle, or 
at ports where intermodal shipping 
containers enter and leave the United 
States; and 
‘‘(II) detection of the unlawful 
presence of a controlled substance (as 
defined under section 102 of the Com-
prehensive Drug Abuse Prevention and 
Control Act of 1970 (21 U.S.C. 802)) 
in a commercial motor vehicle or on 
the person of any occupant (including 
the operator) of the vehicle; and 
‘‘(ii) for documented enforcement of 
State traffic laws and regulations designed 
to promote the safe operation of commercial 
motor vehicles, including documented en-
forcement of such laws and regulations re-
lating to noncommercial motor vehicles 
when necessary to promote the safe oper-
ation of commercial motor vehicles. 
‘‘(C) LIMITATIONS.— 
‘‘(i) EFFECT ON COMMERCIAL MOTOR 
VEHICLE SAFETY PROGRAMS.—A State may 
use grant funds received under this sub-
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section for an activity described in subpara-
graph (B) only if the activity will not di-
minish the effectiveness of commercial motor 
vehicle safety programs described in sub-
section (a). 
‘‘(ii) ENFORCEMENT
ACTIVITIES
RE-
LATING TO NONCOMMERCIAL MOTOR VEHI-
CLES.—A State may not use more than 5 
percent of the total amount of grants re-
ceived by the State under this subsection in 
a fiscal year for enforcement activities relat-
ing to noncommercial motor vehicles de-
scribed in subparagraph (B)(ii) unless the 
Secretary determines a higher percentage 
will result in significant increases in com-
mercial motor vehicle safety. 
‘‘(g) ANNUAL REPORT.—The Secretary shall submit to 
the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate an annual report 
that— 
‘‘(1) analyzes commercial motor vehicle safety 
trends among the States and documents the most ef-
fective commercial motor vehicle safety programs im-
plemented with grants under this section; 
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591 
‘‘(2) describes the effect of activities carried out 
with grants made under this section on commercial 
motor vehicle safety; and 
‘‘(3) documents the number and rate of fatalities 
and crashes involving commercial motor vehicles by 
State.’’. 
(b) CONFORMING AMENDMENT.—Section 31103(a) is 
amended by striking ‘‘section 31102(b)(1)(E) of this title’’ 
and inserting ‘‘section 31102(b)(3)’’. 
(c) CLERICAL AMENDMENT.—The analysis for chapter 
311 is amended by striking the item relating to section 
31102 and inserting the following: 
‘‘31102. Motor carrier safety assistance program.’’. 
SEC. 6302. PERFORMANCE AND REGISTRATION INFORMA-
TION SYSTEMS MANAGEMENT PROGRAM. 
(a) IN GENERAL.—Section 31109 is amended to read 
as follows: 
‘‘§ 31109. Performance and registration information 
systems management program 
‘‘(a) IN GENERAL.—The Secretary shall carry out a 
performance and registration information systems manage-
ment program to link Federal motor carrier safety informa-
tion systems with State commercial vehicle registration and 
licensing systems as part of the motor carrier information 
system established under section 31106. 
‘‘(b) DESIGN.—The program shall enable a State to— 
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‘‘(1) determine the safety fitness of a motor car-
rier or registrant— 
‘‘(A) when licensing or registering the motor 
carrier or registrant; or 
‘‘(B) while the license or registration is in 
effect; and 
‘‘(2) deny, suspend, or revoke the commercial 
motor vehicle registration of a motor carrier or reg-
istrant to whom the Secretary has issued an oper-
ations out-of-service order. 
‘‘(c) PROGRAM PARTICIPATION.—Not later than Sep-
tember 30, 2015, the Secretary shall require a State to par-
ticipate in the program by— 
‘‘(1) complying with the uniform policies, proce-
dures, and technical and operational standards pre-
scribed by the Secretary under section 31106(a)(4); 
‘‘(2) having in effect a law providing the State 
with the authority to impose the sanctions described 
in paragraph (3)(A) on the basis of an out-of-service 
order issued by the Secretary; and 
‘‘(3) establishing and implementing a process, 
approved by the Secretary, to— 
‘‘(A) deny, suspend, or revoke the vehicle 
registration or seize the registration plates of a 
commercial motor vehicle registered to a motor 
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carrier to whom the Secretary has issued an out- 
of-service order; and 
‘‘(B) reinstate the vehicle registration or re-
turn the registration plates of the commercial 
motor vehicle subject to sanctions under subpara-
graph (A) if the Secretary permits such carrier 
to resume operations after the date of issuance of 
such order. 
‘‘(d) FUNDING.—A State may use grant funds made 
available to the State under section 4126 of SAFETEA– 
LU (119 Stat. 1738) for each of fiscal years 2013 through 
2016 to meet the requirements of this section for participa-
tion in the program under subsection (c).’’. 
(b) CONFORMING AMENDMENTS.—Section 31106(b) is 
amended— 
(1) by striking paragraphs (2) through (4); 
(2) by striking ‘‘(b) PERFORMANCE AND REG-
ISTRATION INFORMATION PROGRAM.—’’ and all that 
follows 
through 
‘‘(1) 
INFORMATION
CLEARING-
HOUSE.—The Secretary’’ and inserting the following: 
‘‘(b) 
INFORMATION
CLEARINGHOUSE.—The 
Sec-
retary’’; and 
(3) by aligning the remaining text accordingly. 
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594 
(c) CLERICAL AMENDMENT.—The analysis for chapter 
311 is amended by striking the item relating to section 
31109 and inserting the following: 
‘‘31109. Performance and registration information systems management pro-
gram.’’. 
SEC. 6303. COMMERCIAL VEHICLE INFORMATION SYSTEMS 
AND NETWORKS DEPLOYMENT GRANTS. 
(a) IN GENERAL.—Section 4126(a) of SAFETEA–LU 
(119 Stat. 1738) is amended— 
(1) in paragraph (1) by striking ‘‘and’’ at the 
end; 
(2) in paragraph (2) by striking ‘‘and Federal’’ 
and all that follows through the period at the end and 
inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(3) facilitate compliance with Federal and 
State commercial motor vehicle regulatory require-
ments; and 
‘‘(4) provide assistance for State participation 
in the performance and registration information sys-
tems management program under section 31109.’’. 
(b) AMOUNT OF GRANTS.— 
(1) 
CORE
DEPLOYMENT
GRANTS.—Section 
4126(c) of such Act (119 Stat. 1738) is amended— 
(A) by striking paragraph (2); and 
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(B) by redesignating paragraph (3) as 
paragraph (2). 
(2) EXPANDED DEPLOYMENT GRANTS.—Section 
4126(d) of such Act (119 Stat. 1739) is amended— 
(A) by striking paragraph (3); and 
(B) by redesignating paragraph (4) as 
paragraph (3). 
(c) ELIGIBILITY.—Section 4126(e) of such Act (119 
Stat. 1739) is amended— 
(1) in paragraph (2)(B)— 
(A) by inserting ‘‘in interstate commerce’’ 
after ‘‘efficiency’’; and 
(B) by striking ‘‘and’’ at the end; 
(2) in paragraph (3) by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) shall be participating not later than Sep-
tember 30, 2015, in the performance and registration 
information systems management program under sec-
tion 31109 of title 49, United States Code.’’. 
(d) FEDERAL SHARE.—Section 4126(f) of such Act 
(119 Stat. 1739) is amended— 
(1) by striking ‘‘The Federal’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—The Federal’’; and 
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(2) by adding at the end the following: 
‘‘(2) PERFORMANCE AND REGISTRATION INFOR-
MATION SYSTEMS MANAGEMENT PROGRAM.—Notwith-
standing any other provision of this subsection, the 
Federal share of the cost of a project relating to par-
ticipation in the performance and registration infor-
mation systems management program under section 
31109 of title 49, United States Code, shall be 100 
percent for fiscal years 2013 through 2016.’’. 
SEC. 6304. COMMERCIAL MOTOR VEHICLE SAFETY INSPEC-
TION PROGRAMS. 
(a) IN GENERAL.—Section 31142(b) is amended to 
read as follows: 
‘‘(b) INSPECTION OF VEHICLES AND RECORD RETEN-
TION.— 
‘‘(1) REGULATIONS
ON
GOVERNMENT
STAND-
ARDS.—The Secretary of Transportation shall pre-
scribe regulations on Government standards for in-
spection of commercial motor vehicles and retention 
by employers of records of such inspections. 
‘‘(2) CONTENTS OF STANDARDS.—The standards 
shall provide for— 
‘‘(A) annual or more frequent inspections of 
a commercial motor vehicle designed or used to 
transport property unless the Secretary finds 
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597 
that another inspection system is as effective as 
an annual or more frequent inspection system; 
and 
‘‘(B) annual or more frequent inspections of 
a commercial motor vehicle designed or used to 
transport passengers. 
‘‘(3) TREATMENT
OF
REGULATIONS.—Regula-
tions prescribed under this subsection shall be treated 
as regulations prescribed under section 31136. 
‘‘(4) SPECIAL
RULES
FOR
INSPECTION
PRO-
GRAM.—Any inspection required under paragraph 
(2)(B) shall be conducted by, or under a program es-
tablished by, the State in which the vehicle is reg-
istered. A roadside inspection conducted by a State or 
other jurisdiction shall not be considered an inspec-
tion for the purposes of meeting the requirements of 
paragraph (2)(B).’’. 
(b) PERIODIC REVIEW OF STATE SAFETY INSPECTION 
PROGRAMS.—The Secretary shall periodically review State 
safety inspection programs of commercial motor vehicles de-
signed or used to transport passengers. 
SEC. 6305. AMENDMENTS TO SAFETY FITNESS DETERMINA-
TION. 
On and after the date the Secretary publishes in the 
Federal register the final rule revising the safety fitness de-
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598 
termination methodology established pursuant to 31144 of 
title 49, United States Code, to correspond with the Compli-
ance Safety Accountability program, the Secretary shall 
consider Safety Recommendation H–99–6 of the National 
Transportation Safety Board, issued February 26, 1999, 
closed. 
SEC. 6306. NEW ENTRANT CARRIERS. 
(a) SAFETY REVIEW.—Section 31144(g)(1) is amended 
to read as follows: 
‘‘(1) SAFETY REVIEW.—The Secretary shall re-
quire, by regulation, each owner and operator issued 
a new registration under section 13902 or 31134 to 
undergo a safety review under this section— 
‘‘(A) except as provided by subparagraphs 
(B) and (C), within the first 18 months after the 
date on which the owner or operator begins oper-
ations under such registration; 
‘‘(B) in the case of an owner or operator 
with authority to transport hazardous materials, 
within the first 9 months after the date on which 
the owner or operator begins operations under 
such registration; and 
‘‘(C) in the case of an owner or operator 
with authority to transport passengers, within 
the first 90 days after the date on which the 
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599 
owner or operator begins operations under such 
registration.’’. 
(b) 
NEW
ENTRANT
REGISTRATION.—Section 
31144(g)(4) is amended to read as follows: 
‘‘(4) NEW ENTRANT REGISTRATION.— 
‘‘(A) IN
GENERAL.—Notwithstanding any 
other provision of this title, any new registration 
issued under section 13902 or 31134 shall each 
be designated as new entrant registration until 
the safety review required by paragraph (1) is 
completed. 
‘‘(B) REQUIREMENT FOR ISSUANCE OF PER-
MANENT
OPERATING
AUTHORITY.—A new reg-
istration issued to an owner or operator under 
section 13902 or 31134 shall become permanent 
after the owner or operator has passed the safety 
review required under paragraph (1).’’. 
(c) FUNDING.—Section 31144(g)(5) is amended to 
read as follows: 
‘‘(5) FUNDING.— 
‘‘(A) IN GENERAL.—A State shall carry out 
the requirements of this section with funds allo-
cated to the State under section 31104(f). 
‘‘(B) DETERMINATION.—If the Secretary de-
termines that a State or local government is not 
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able to use government employees to conduct new 
entrant motor carrier safety reviews with funds 
allocated to the State under section 31104(f), the 
Secretary may conduct for the State or local gov-
ernment the safety reviews that the State or local 
government is not able to conduct with such 
funds.’’. 
(d) FEDERAL SHARE.—Section 31103(b) is amended 
to read as follows: 
‘‘(b) NEW ENTRANT MOTOR CARRIER SAFETY RE-
VIEWS.— 
‘‘(1) INCREASE IN SHARE OF COSTS.—Subject to 
paragraph (2), the Secretary may reimburse a State 
an amount that is up to 100 percent of the costs in-
curred by the State in a fiscal year for new entrant 
motor carrier safety reviews conducted under section 
31144(g). 
‘‘(2) LIMITATION.—The increased Federal share 
provided under paragraph (1) shall apply with re-
spect to reimbursements of costs described in para-
graph (1) made using not more than 20 percent of the 
funds allocated to a State under section 31104(f) for 
a fiscal year. Any such reimbursements made using 
an amount in excess of 20 percent of such funds shall 
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601 
be subject to the cost-sharing requirements of sub-
section (a).’’. 
(e) CONFORMING AMENDMENT.—Section 31144(g) is 
amended, in the subsection heading, by striking ‘‘SAFETY 
REVIEWS OF NEW OPERATORS’’ and inserting ‘‘NEW EN-
TRANT MOTOR CARRIER SAFETY REVIEWS’’. 
SEC. 6307. IMPROVED OVERSIGHT OF MOTOR CARRIERS OF 
PASSENGERS. 
Section 31144 is amended by adding at the end the 
following: 
‘‘(h) SAFETY REVIEWS OF OWNERS AND OPERATORS 
OF INTERSTATE FOR-HIRE COMMERCIAL MOTOR VEHICLES 
DESIGNED OR USED TO TRANSPORT PASSENGERS.— 
‘‘(1) IN GENERAL.—Not later than September 30, 
2015, the Secretary shall determine the safety fitness 
of each owner, and each operator, of a commercial 
motor vehicle designed or used to transport passengers 
who the Secretary registers, on or before September 
30, 2014 (including before the date of enactment of 
this subsection), under section 13902 or 31134. 
‘‘(2) SAFETY FITNESS RATING.—As part of the 
safety fitness determination required by paragraph 
(1), the Secretary shall assign a safety fitness rating 
to each owner and each operator described in para-
graph (1). 
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‘‘(3) PERIODIC MONITORING.— 
‘‘(A) PROCESS.—The Secretary shall estab-
lish a process, by regulation, for monitoring on 
a regular basis the safety performance of an 
owner or operator of a commercial motor vehicle 
designed or used to transport passengers, fol-
lowing the assignment of a safety rating to such 
owner or operator. 
‘‘(B) ELEMENTS OF MONITORING AND SAFE-
TY
ENFORCEMENT.—Regulations issued under 
subparagraph (A) shall provide for the following: 
‘‘(i) Monitoring of the safety perform-
ance, in critical safety areas (as defined by 
the Secretary, by regulation) of an owner or 
operator of a commercial motor vehicle de-
signed or used to transport passengers (in-
cluding by activities conducted onsite at the 
offices of the owner or operator or offsite). 
‘‘(ii) Increasingly more stringent inter-
ventions designed to correct unsafe practices 
of an owner or operator of a commercial 
motor vehicle designed or used to transport 
passengers. 
‘‘(iii) Periodic updates to the safety fit-
ness rating of an owner or operator if the 
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Secretary determines that such update will 
improve the safety performance of the owner 
or operator. 
‘‘(iv) Enforcement action, including 
determining that the owner or operator is 
not fit and may not operate a commercial 
motor vehicle under subsection (c)(2).’’. 
SEC. 6308. DRIVER MEDICAL QUALIFICATIONS. 
(a) EXAMINATION REQUIREMENT FOR NATIONAL REG-
ISTRY OF MEDICAL EXAMINERS.—Section 31149(c)(1)(D) 
is amended to read as follows: 
‘‘(D) develop requirements applicable to a 
medical examiner in order for the medical exam-
iner to be listed in the national registry estab-
lished under this section, including— 
‘‘(i) specific courses and materials that 
must be completed; 
‘‘(ii) at a minimum, self-certification 
requirements to verify that the medical ex-
aminer has completed specific training, in-
cluding refresher courses, that the Secretary 
determines are necessary; and 
‘‘(iii) an examination developed by the 
Secretary for which a passing grade must 
be achieved.’’. 
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(b) ADDITIONAL OVERSIGHT OF LICENSING AUTHORI-
TIES.— 
(1) IN GENERAL.—Section 31149(c)(1) is amend-
ed— 
(A) in subparagraph (E) by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (F) by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(G) review each year the implementation 
of commercial driver’s license requirements of a 
minimum of 10 States to assess the accuracy, va-
lidity, and timeliness of— 
‘‘(i) submission of physical examina-
tion reports and medical certificates to 
State licensing agencies; and 
‘‘(ii) the processing of such submissions 
by State licensing agencies.’’. 
(2) INTERNAL OVERSIGHT POLICY.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this Act, the Sec-
retary shall establish an oversight policy and 
process within the Department for the purposes 
of carrying out the requirement of section 
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31149(c)(1)(G) of title 49, United States Code, 
as added by paragraph (1) of this subsection. 
(B) 
EFFECTIVE
DATE.—Section 
31149(c)(1)(G) of title 49, United States Code, 
as added by paragraph (1) of this subsection, 
shall take effect on the date that the oversight 
policy and process is established pursuant to 
subparagraph (A). 
(c) DEADLINE
FOR ESTABLISHMENT
OF NATIONAL 
REGISTRY OF MEDICAL EXAMINERS.—Not later than 1 
year after the date of enactment of this Act, the Secretary 
shall establish a national registry of medical examiners as 
required by section 31149(d)(1) of title 49, United States 
Code. 
SEC. 6309. COMMERCIAL MOTOR VEHICLE SAFETY STAND-
ARDS. 
(a) SAFETY STANDARDS FOR COMMERCIAL MOTOR VE-
HICLES OF PROPERTY.— 
(1) RESEARCH.—The Secretary shall conduct re-
search on the need for roof strength, pillar strength, 
frontal and back wall strength, and other potential 
occupant protection standards for commercial motor 
vehicles of property. 
(2) COMMERCIAL MOTOR VEHICLE OF PROPERTY 
DEFINED.—In this subsection, the term ‘‘commercial 
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motor vehicle of property’’ means a motor vehicle used 
in commerce to transport property that has a gross 
vehicle weight rating or gross vehicle weight of at 
least 26,001 pounds, whichever is greater. 
(b) SAFETY STANDARDS FOR MOTORCOACHES.— 
(1) 
SAFETY
STANDARDS
FOR
NEW 
MOTORCOACHES.— 
(A) OCCUPANT PROTECTION SYSTEMS.— 
(i) IN
GENERAL.—Not later than 3 
years after the date of enactment of this Act, 
the Secretary shall issue standards for mo-
torcoach occupant protection systems that 
account for frontal impact collisions, side 
impact collisions, rear impact collisions, 
and rollovers. Such standards shall not 
eliminate or lessen the occupant protection 
standards in effect on the date of enactment 
of this Act and shall— 
(I) be based on sound scientific re-
search, extensive testing, and analysis 
by the National Highway Traffic Safe-
ty Administration, consistent with the 
recommendations 
of 
the 
National 
Transportation Safety Board regard-
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ing motorcoach occupant protection; 
and 
(II) take into consideration the 
various types of motorcoaches and the 
various uses and configurations of the 
occupant compartment as well as local, 
State, and Federal size and weight 
limits and restrictions. 
(ii) CONTENTS.—Such standards may 
include seatbelts or other occupant protec-
tion systems, passive or otherwise, for pas-
sengers, including those in child safety re-
straint systems. 
(iii) CONSULTATION.—Prior to issuing 
such standards, the Secretary shall consult 
with affected parties, as appropriate, on the 
proceedings leading to the issuance of the 
standards required by this subparagraph. 
Any communications concerning such con-
sultation shall be included in the public 
record of the proceedings leading to the 
issuance of such standards and shall be sub-
ject to public comment. 
(B) ROOF STRENGTH.— 
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mensions and highway height and weight 
restrictions. 
(D) FIRE PREVENTION AND MITIGATION.— 
(i) RESEARCH
AND
TESTING.—The 
Secretary shall conduct research and testing 
to determine the most prevalent causes of 
motorcoach fires and the best methods to 
prevent such fires and to mitigate the effect 
of such fires, both inside and outside the 
motorcoach. 
(ii) STANDARDS.—Not later than 3 
years after the date of enactment of this Act, 
the Secretary shall issue fire prevention and 
mitigation 
standards 
for 
motorcoaches, 
based on the results of the Secretary’s re-
search and testing, taking into account mo-
torcoach highway size and weight restric-
tions. 
(E) EMERGENCY EVACUATION DESIGN.— 
(i) RESEARCH
AND
TESTING.—The 
Secretary shall conduct research and testing 
to determine any necessary changes in mo-
torcoach design standards, including win-
dows and doors, to improve motorcoach 
emergency evacuation. 
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(ii) STANDARDS.—Not later than 3 
years after the date of enactment of this Act, 
the Secretary shall issue motorcoach emer-
gency evacuation design standards, includ-
ing— 
(I) window standards that en-
hance the use of windows for emer-
gency evacuation to the maximum ex-
tent feasible, while not detracting from 
the window glazing standards to be 
issued under this paragraph; and 
(II) door standards, including de-
sign of the wheelchair lift door for 
emergency evacuation use. 
(iii) MOTORCOACH HIGHWAY SIZE AND 
WEIGHT
RESTRICTIONS.—Such standards 
shall take into account motorcoach highway 
size and weight restrictions. 
(F) GENERAL PROVISIONS.— 
(i) EFFECT
ON
STATE
AND
LOCAL 
LAWS.—Notwithstanding any provision of 
chapter 301 of title 49, United States Code, 
a State or a political subdivision of a State 
may not adopt or enforce a law or regula-
tion related to a motorcoach crash avoid-
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ance and occupant protection system prior 
to the effective date of the regulations issued 
pursuant to this paragraph. 
(ii) APPLICABILITY OF STANDARDS.— 
The standards issued under subparagraphs 
(A) through (E) shall require motorcoaches 
manufactured after the last day of 3-year 
period beginning on the date on which such 
standards are issued to be engineered and 
equipped to meet such standards. 
(iii) LIMITATION ON STATUTORY CON-
STRUCTION.—Nothing in this subsection or 
in the regulations issued pursuant to this 
subsection may be construed as indicating 
an intention by Congress to affect, change, 
or modify in any way the liability, if any, 
of a motorcoach manufacturer or motor-
coach owner or operator under applicable 
law to buses or motorcoaches, manufactured 
and operated with or without passenger seat 
belts or other passenger restraint systems, 
prior to the effective date of the regulations 
issued under this subsection. 
(2) 
SAFETY
STANDARDS
FOR
EXISTING 
MOTORCOACHES.— 
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(A) IN GENERAL.—The Secretary may issue 
standards for motorcoaches that are manufac-
tured before the date that is 3 years after the 
date on which the standards required under 
paragraph (1) are issued, taking into account 
the limitations posed by the need to retrofit exist-
ing motorcoaches. Such standards shall have the 
same objectives as the standards required under 
subparagraphs (A) through (E) of paragraph 
(1), but may differ from such standards based on 
what 
is 
technically 
feasible 
for 
existing 
motorcoaches. Such standards are technically 
feasible if the equipment can be certified by the 
original equipment manufacturer as meeting 
requisite performance requirements and if the 
equipment is readily attachable subsequent to 
initial manufacture by the operator and enforced 
through readily visible inspection requiring no 
disassembly. 
(B) STANDARDS
FOR
COMPONENT
PARTS 
AND EQUIPMENT.—In lieu of issuing comprehen-
sive standards for motorcoaches under subpara-
graph (A), the Secretary may develop standards 
for various component parts and equipment of 
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motorcoaches that would increase occupant pro-
tection. 
(C) EFFECTIVE
DATE.—The effective date 
for the standards issued under this subsection 
shall be the same as the effective date for the 
standards issued under paragraph (1). 
(D) CERTIFICATION.—The Secretary shall 
establish, by regulation, a system whereby the 
motorcoaches to which the standards issued 
under subparagraph (A) apply shall be certified 
as in compliance with such standards. Such cer-
tification shall be carried out by the Secretary or 
by private parties at the discretion and author-
ization of the Secretary. 
(3) COMPLIANCE TIMETABLES.— 
(A) EFFECTIVE DATE.—The effective date of 
the standards issued under paragraphs (1) and 
(2) shall be 3 years after the date on which such 
final standards are issued. All motorcoaches 
manufactured after such date shall comply with 
such standards. 
(B) PHASED IN REQUIREMENTS.— 
(i) FIRST PHASE.—Not later than 6 
years after the effective date of the stand-
ards issued under paragraphs (1) and (2), 
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a motorcoach owner or operator shall ensure 
that at least 50 percent of the motorcoaches 
used by the owner or operator comply with 
either the standards issued under paragraph 
(1) or the standards issued under para-
graph (2), as appropriate. 
(ii) SECOND PHASE.—Not later than 
12 years after the effective date of the stand-
ards issued under paragraphs (1) and (2), 
a motorcoach owner or operator shall ensure 
that 100 percent of the motorcoaches used 
by the owner or operator comply with either 
of such standards. 
(C) STATE AND LOCAL LAWS.— 
(i) LIABILITY OF MOTORCOACH MANU-
FACTURERS
AND
OWNERS
AND
OPERA-
TORS.—Nothing in this subsection may be 
construed to affect, change, or modify in 
any way the liability, if any, of a motor-
coach manufacturer or motorcoach owner or 
operator under applicable law to buses or 
motorcoaches unless the manufacturer or 
owner or operator is shown not to be in 
compliance with the timetables set forth in 
subparagraphs (A) and (B). 
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(ii) 
PREEMPTION.—Notwithstanding 
any provision of chapter 301 of title 49, 
United States Code, a State or a political 
subdivision of a State may not adopt or en-
force a law or regulation related to any of 
the standards required by paragraphs (1) 
and (2) during the time periods set forth in 
subparagraphs (A) and (B). 
(4) DEFINITION OF MOTORCOACH.—In this sub-
section, the term ‘‘motorcoach’’ means an over-the- 
road bus, characterized by an elevated passenger deck 
located over a baggage compartment. 
SEC. 6310. CRASH AVOIDANCE TECHNOLOGY. 
(a) STUDY.—The Secretary shall study the effective-
ness of crash avoidance technologies as countermeasures to 
lessen the impact of distracted driving in commercial motor 
vehicle crashes. 
(b) REPORT TO CONGRESS.—Not later than October 
1, 2013, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report detailing the results 
of the study. 
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SEC. 6311. EXPANSION OF COLLISION MITIGATION STUDY. 
(a) STUDY.—The Secretary shall expand the ongoing 
study of the Department on collision mitigation systems in 
commercial motor vehicles to include systems that can react 
to a stopped vehicle. 
(b) REPORT TO CONGRESS.—Not later than October 
1, 2013, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report detailing the results 
of the study. 
Subtitle D—Commercial Motor 
Vehicle Operators 
SEC. 6401. NATIONAL CLEARINGHOUSE FOR RECORDS RE-
LATING TO ALCOHOL AND CONTROLLED SUB-
STANCES TESTING OF COMMERCIAL MOTOR 
VEHICLE OPERATORS. 
(a) IN GENERAL.—Chapter 313 is amended by insert-
ing after section 31306 the following: 
‘‘§ 31306a. National clearinghouse for records relat-
ing to alcohol and controlled substances 
testing 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—Subject to the requirements 
of this section, the Secretary of Transportation shall 
establish and maintain an information system that 
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will serve as a national clearinghouse for records re-
lating to the alcohol and controlled substances testing 
program applicable to operators of commercial motor 
vehicles under section 31306. 
‘‘(2) PURPOSES.—The purposes of the clearing-
house shall be— 
‘‘(A) to improve compliance with the re-
quirements of the testing program; and 
‘‘(B) to help prevent accidents and injuries 
resulting from the misuse of alcohol or use of 
controlled substances by operators of commercial 
motor vehicles. 
‘‘(3) CONTENTS.—The clearinghouse shall be a 
repository of records relating to violations of the test-
ing program by individuals submitted to the Sec-
retary in accordance with this section. 
‘‘(4) ELECTRONIC EXCHANGE OF RECORDS.—The 
Secretary shall ensure the ability for records to be 
submitted to the clearinghouse, and requested from the 
clearinghouse, on an electronic basis. 
‘‘(5) DEADLINE.—The Secretary shall establish 
the clearinghouse not later than 1 year after the date 
of enactment of this section. 
‘‘(b) EMPLOYMENT PROHIBITIONS.— 
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‘‘(1) IN GENERAL.—An employer may permit an 
individual to operate a commercial motor vehicle or 
perform any other safety sensitive function only if the 
employer makes a request for information from the 
clearinghouse at such times as the Secretary shall 
specify, by regulation, and the information in the 
clearinghouse at the time of the request indicates that 
the individual— 
‘‘(A) has not violated the requirements of 
the testing program in the preceding 3-year pe-
riod; or 
‘‘(B) if the individual has violated the re-
quirements of the testing program during that 
period, is eligible to return to safety sensitive du-
ties pursuant to the return-to-duty process estab-
lished under the testing program. 
‘‘(2) VIOLATIONS.—For purposes of paragraph 
(1), an individual shall be considered to have violated 
the requirements of the testing program if the indi-
vidual— 
‘‘(A) has a confirmed or verified, as appli-
cable, positive alcohol or controlled substances 
test result under the testing program; 
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‘‘(B) has failed or refused to submit to an 
alcohol or controlled substances test under the 
testing program; or 
‘‘(C) has otherwise failed to comply with the 
requirements of the testing program. 
‘‘(3) APPLICABILITY.—Paragraph (1) shall apply 
to an individual who performs a safety sensitive func-
tion for an employer as a full-time regularly em-
ployed driver, casual, intermittent, or occasional 
driver, or leased driver, or independent owner-oper-
ator contractor of such employer or, as determined by 
the Secretary, pursuant to another arrangement. 
‘‘(4) WRITTEN NOTICE THAT CLEARINGHOUSE IS 
OPERATIONAL.—The Secretary shall issue a written 
notice when the Secretary determines that the clear-
inghouse is operational and employers are able to use 
the clearinghouse to meet the requirements of section 
382.413 of title 49, Code of Federal Regulations, as 
in effect on the date of enactment of this section. 
‘‘(5) EFFECTIVE
DATE.—Paragraph (1) shall 
take effect on a date specified by the Secretary in the 
written notice issued under paragraph (4) that is not 
later than 30 days after the date of issuance of the 
written notice. 
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‘‘(6) CONTINUED APPLICATION OF EXISTING RE-
QUIREMENTS.—Following the date on which para-
graph (1) takes effect, an employer shall continue to 
be subject to the requirements of section 382.413 of 
title 49, Code of Federal Regulations, as in effect on 
the date of enactment of this section, for a period of 
3 years or for such longer period as the Secretary de-
termines appropriate. 
‘‘(7) NOTICE OF REQUIREMENTS APPLICABLE TO 
EMPLOYERS.—The Secretary shall provide notice of 
the requirements applicable to employers under this 
section through published notices in the Federal Reg-
ister. 
‘‘(c) REPORTING OF RECORDS.— 
‘‘(1) IN GENERAL.—The Secretary shall require 
employers and appropriate service agents, including 
medical review officers, to submit to the Secretary for 
inclusion in the clearinghouse records of violations of 
the testing program by individuals described in sub-
section (b)(3). 
‘‘(2) SPECIFIC REPORTING REQUIREMENTS.—In 
carrying out paragraph (1), the Secretary shall re-
quire, at a minimum— 
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‘‘(A) a medical review officer to report 
promptly, as determined by the Secretary, to the 
clearinghouse— 
‘‘(i) a verified positive controlled sub-
stances test result of an individual under 
the testing program; and 
‘‘(ii) a failure or refusal of an indi-
vidual to submit to a controlled substances 
test in accordance with the requirements of 
the testing program; and 
‘‘(B) an employer (or, in the case of an op-
erator of a commercial motor vehicle who is self- 
employed, the service agent administering the 
operator’s testing program) to report promptly, 
as determined by the Secretary, to the clearing-
house— 
‘‘(i) a confirmed positive alcohol test 
result of an individual under the testing 
program; and 
‘‘(ii) a failure or refusal of an indi-
vidual to provide a specimen for a con-
trolled substances test in accordance with 
the requirements of the testing program. 
‘‘(3) UPDATING
OF
RECORDS.—The Secretary 
shall ensure that a record in the clearinghouse is up-
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dated to include a return-to-duty test result of an in-
dividual under the testing program. 
‘‘(4) INCLUSION
OF
RECORDS
IN
CLEARING-
HOUSE.—The Secretary shall include all records of 
violations received pursuant to this subsection in the 
clearinghouse. 
‘‘(5) MODIFICATIONS
AND
DELETIONS.—If the 
Secretary determines that a record contained in the 
clearinghouse is not accurate, the Secretary shall 
modify or delete the record. 
‘‘(6) NOTIFICATION OF INDIVIDUALS.—The Sec-
retary shall establish a process to provide notification 
to an individual of— 
‘‘(A) a submission of a record to the clear-
inghouse relating to the individual; and 
‘‘(B) any modification or deletion of a 
record in the clearinghouse pertaining to the in-
dividual, including the reason for the modifica-
tion or deletion. 
‘‘(7) TIMELY AND ACCURATE REPORTING.—The 
Secretary may establish additional requirements, as 
appropriate, to ensure timely and accurate reporting 
of records to the clearinghouse. 
‘‘(8) DELETION
OF
RECORDS.—The Secretary 
shall delete a record of a violation submitted to the 
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clearinghouse after a period of 3 years beginning on 
the date the individual is eligible to return to safety 
sensitive duties pursuant to the return-to-duty process 
established under the testing program. 
‘‘(d) ACCESS TO CLEARINGHOUSE BY EMPLOYERS.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
a process for an employer to request and receive 
records in the clearinghouse pertaining to an indi-
vidual in accordance with subsection (b). 
‘‘(2) WRITTEN CONSENT OF INDIVIDUALS.—An 
employer shall obtain the written consent of an indi-
vidual before requesting any records in the clearing-
house pertaining to the individual. 
‘‘(3) ACCESS TO RECORDS.—Upon receipt of a 
request for records from an employer under para-
graph (1), the Secretary shall provide the employer 
with access to the records as expeditiously as prac-
ticable. 
‘‘(4) RECORDS
OF
REQUESTS.—The Secretary 
shall require an employer to maintain for a 3-year 
period— 
‘‘(A) a record of each request made by the 
employer for records from the clearinghouse; and 
‘‘(B) any information received pursuant to 
the request. 
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‘‘(5) USE OF RECORDS.— 
‘‘(A) IN GENERAL.—An employer— 
‘‘(i) may obtain from the clearinghouse 
a record pertaining to an individual only 
for the purpose of determining whether a 
prohibition applies with respect to the indi-
vidual to operate a commercial motor vehi-
cle or perform any other safety sensitive 
function under subsection (b)(1); and 
‘‘(ii) may use the record only for such 
purpose. 
‘‘(B) PROTECTION OF PRIVACY OF INDIVID-
UALS.—An employer that receives a record from 
the clearinghouse pertaining to an individual 
shall protect the privacy of the individual and 
the confidentiality of the record, including tak-
ing reasonable precautions to ensure that infor-
mation contained in the record is not divulged 
to any person who is not directly involved in de-
termining whether a prohibition applies with re-
spect to the individual to operate a commercial 
motor vehicle or perform any other safety sen-
sitive function under subsection (b)(1). 
‘‘(e) ACCESS TO CLEARINGHOUSE BY INDIVIDUALS.— 
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‘‘(1) IN GENERAL.—The Secretary shall establish 
a process for an individual to request and receive in-
formation from the clearinghouse— 
‘‘(A) to learn whether a record pertaining to 
the individual is contained in the clearinghouse; 
‘‘(B) to verify the accuracy of the record; 
‘‘(C) to verify updates to the individual’s 
record, including completion of a return-to-duty 
process under the testing program; and 
‘‘(D) to learn of requests for information 
from the clearinghouse regarding the individual. 
‘‘(2) DISPUTE PROCEDURE.—The Secretary shall 
establish a procedure, including an appeal process, for 
an individual to dispute and remedy an administra-
tive error in a record pertaining to the individual in 
the clearinghouse, except that the appeal process shall 
not be used to dispute or remedy the validity of a 
controlled substance or alcohol test result. 
‘‘(3) ACCESS TO RECORDS.—Upon receipt of a 
request for records from an individual under para-
graph (1), the Secretary shall provide the individual 
with access to the records as expeditiously as prac-
ticable. 
‘‘(f) ACCESS TO CLEARINGHOUSE BY CHIEF COMMER-
CIAL DRIVER LICENSING OFFICIALS.— 
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‘‘(1) IN GENERAL.—The Secretary shall establish 
a process for the chief commercial driver licensing of-
ficial of a State to request and receive records per-
taining to an individual from the clearinghouse. 
‘‘(2) USE OF INFORMATION.—The chief commer-
cial driver licensing official of a State may not ob-
tain from the clearinghouse a record pertaining to an 
individual for any purpose other than to take an ac-
tion related to a commercial driver’s license for the 
individual under applicable State law or to comply 
with section 31311(a)(22). 
‘‘(g) USE OF CLEARINGHOUSE INFORMATION FOR EN-
FORCEMENT
PURPOSES.—The Secretary may use the 
records in the clearinghouse for the purposes of enforcement 
activities under this chapter. 
‘‘(h) DESIGN OF CLEARINGHOUSE.— 
‘‘(1) IN GENERAL.—In establishing the clearing-
house, the Secretary shall develop a secure process 
for— 
‘‘(A) registration, authorization, and au-
thentication of a user of the clearinghouse; 
‘‘(B) registration, authorization, and au-
thentication of individuals required to report to 
the clearinghouse under subsection (c); 
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‘‘(C) preventing information from the clear-
inghouse from being accessed by unauthorized 
users; 
‘‘(D) timely and accurate electronic submis-
sions of data to the clearinghouse under sub-
section (c); 
‘‘(E) timely and accurate access to records 
from the clearinghouse under subsections (d), (e), 
and (f); and 
‘‘(F) updates to an individual’s record re-
lated to compliance with the return-to-duty proc-
ess under the testing program. 
‘‘(2) ARCHIVE
CAPABILITY.—The clearinghouse 
shall be designed to allow for an archive of the re-
ceipt, modification, and deletion of records for the 
purposes of auditing and evaluating the timeliness, 
accuracy, and completeness of data in the clearing-
house. 
‘‘(3) SECURITY STANDARDS.—The clearinghouse 
shall be designed and administered in compliance 
with applicable Department of Transportation infor-
mation technology security standards. 
‘‘(4) INTEROPERABILITY
WITH
OTHER
SYS-
TEMS.—In establishing the clearinghouse and devel-
oping requirements for data to be included in the 
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clearinghouse, the Secretary, to the maximum extent 
practicable, shall take into consideration— 
‘‘(A) existing information systems con-
taining regulatory and safety data for motor ve-
hicle operators; 
‘‘(B) the efficacy of using or combining 
clearinghouse data with 1 or more of such sys-
tems; and 
‘‘(C) the potential interoperability of the 
clearinghouse with existing and future informa-
tion systems containing regulatory and safety 
data for motor vehicle operators. 
‘‘(i) PRIVACY.— 
‘‘(1) AVAILABILITY OF CLEARINGHOUSE INFOR-
MATION.—The Secretary shall establish a process to 
make information available from the clearinghouse in 
a manner that is consistent with this section and ap-
plicable Federal information and privacy laws, in-
cluding regulations. 
‘‘(2) UNAUTHORIZED
INDIVIDUALS.—The Sec-
retary may not provide information from the clear-
inghouse to an individual who is not authorized by 
this section to receive the information. 
‘‘(j) FEES.— 
‘‘(1) AUTHORITY TO COLLECT FEES.— 
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‘‘(A) GENERAL AUTHORITY.—The Secretary 
may collect fees for requests for information from 
the clearinghouse. 
‘‘(B) AMOUNT TO BE COLLECTED.—Fees col-
lected under this subsection in a fiscal year shall 
equal as nearly as possible the costs of operating 
the clearinghouse in that fiscal year, including 
personnel costs. 
‘‘(C) RECEIPTS TO BE CREDITED AS OFF-
SETTING COLLECTIONS.—The amount of any fee 
collected under this subsection shall be— 
‘‘(i) credited as offsetting collections to 
the account that finances the activities and 
services for which the fee is imposed; and 
‘‘(ii) available without further appro-
priation for such activities and services 
until expended. 
‘‘(2) LIMITATION.—The Secretary shall ensure 
that an individual requesting information from the 
clearinghouse in order to dispute or remedy an error 
in a record pertaining to the individual pursuant to 
subsection (e)(2) may obtain the information without 
being subject to a fee authorized by paragraph (1). 
‘‘(k) ENFORCEMENT.—An employer, and any person 
acting as a service agent, shall be subject to civil and crimi-
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nal penalties for a violation of this section in accordance 
with section 521(b). 
‘‘(l) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) CHIEF COMMERCIAL DRIVER LICENSING OF-
FICIAL.—The term ‘chief commercial driver licensing 
official’ means the official in a State who is author-
ized— 
‘‘(A) to maintain a record about a commer-
cial driver’s license issued by the State; and 
‘‘(B) to take action on a commercial driv-
er’s license issued by the State. 
‘‘(2) CLEARINGHOUSE.—The term ‘clearinghouse’ 
means the clearinghouse to be established under sub-
section (a). 
‘‘(3) 
EMPLOYER.—Notwithstanding 
section 
31301, the term ‘employer’ means a person or entity 
employing 1 or more employees (including an indi-
vidual who is self-employed) that is subject to Depart-
ment of Transportation requirements under the test-
ing program. The term does not include a service 
agent. 
‘‘(4) MEDICAL
REVIEW
OFFICER.—The term 
‘medical review officer’ means a person who is a li-
censed physician and who is responsible for receiving 
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and reviewing laboratory results generated under the 
testing program and evaluating medical explanations 
for certain controlled substances test results. 
‘‘(5) SAFETY
SENSITIVE
FUNCTION.—The term 
‘safety sensitive function’ has the meaning such term 
has under part 382 of title 49, Code of Federal Regu-
lations, or any successor regulation. 
‘‘(6) SERVICE AGENT.—The term ‘service agent’ 
means a person or entity, other than an employee of 
an employer, who provides services covered by part 40 
of title 49, Code of Federal Regulations, or any suc-
cessor regulation, to employers or employees (or both) 
under the testing program, and the term includes a 
medical review officer. 
‘‘(7) TESTING PROGRAM.—The term ‘testing pro-
gram’ means the alcohol and controlled substances 
testing program established under section 31306.’’. 
(b) CONFORMING AMENDMENT.—The analysis for such 
chapter is amended by inserting after the item relating to 
section 31306 the following: 
‘‘31306a. National clearinghouse for records relating to alcohol and controlled sub-
stances testing.’’. 
(c) PENALTIES.— 
(1) APPLICATION OF PENALTY.—Section 31306(j) 
is amended by inserting ‘‘An employer, including an 
individual who is self-employed, shall be subject to 
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civil and criminal penalties in accordance with sec-
tion 521(b) for a violation of this section.’’ before 
‘‘This section’’. 
(2) VIOLATIONS
RELATING
TO
COMMERCIAL 
MOTOR VEHICLE SAFETY REGULATIONS AND OPERA-
TORS.—Section 521(b) is amended— 
(A) in paragraph (1)(A) by inserting 
‘‘31306, 31306a,’’ before ‘‘31310(g)(1)(A)’’; 
(B) in paragraphs (2)(A), (2)(B), and 
(6)(A) by inserting ‘‘31306, 31306a, or’’ before 
‘‘31502’’; and 
(C) in paragraph (5)(A) by inserting 
‘‘31306, 31306a,’’ before ‘‘or 31502’’. 
(3) CONTROLLED SUBSTANCE OR ALCOHOL TEST-
ING.—Any person acting as a service agent under the 
Secretary’s regulations in part 40 of title 49, Code of 
Federal Regulations, as in effect on the date of enact-
ment of this Act, who violates the requirements pre-
scribed by the Secretary for conducting alcohol or con-
trolled substances testing under such part or any re-
lated regulation of the Department shall be liable to 
the United States Government for a civil penalty of 
not more than $10,000 for each violation. Each day 
that a violation continues shall constitute a separate 
violation. 
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SEC. 
6402. 
COMMERCIAL 
MOTOR 
VEHICLE 
OPERATOR 
TRAINING. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall issue final 
regulations establishing minimum training requirements 
for commercial motor vehicle operators. 
(b) REQUIREMENTS.—The regulations shall— 
(1) require commercial motor vehicle operators, 
before obtaining a commercial driver’s license for the 
first time or upgrading from one class of commercial 
driver’s license to another, to receive training that 
meets the requirements established by the Secretary; 
(2) address the knowledge and skills necessary for 
an operator of a commercial motor vehicle to safely 
operate a commercial motor vehicle; 
(3) address the specific and additional training 
needs of commercial motor vehicle operators seeking 
passenger or hazardous materials endorsements; 
(4) require instruction that is effective for ac-
quiring the knowledge and skills referred to in para-
graphs (2) and (3); 
(5) require the issuance of a certification that a 
commercial motor vehicle operator has met the re-
quirements established by the Secretary; and 
(6) require a training provider (including public 
or private driving schools, motor carriers, or owners 
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or operators of a commercial motor vehicle) offering 
training that results in the issuance of a certification 
to an operator under paragraph (5) to demonstrate 
that such training meets the requirements of the regu-
lations, through a process established by the Sec-
retary. 
(c) COMMERCIAL DRIVER’S LICENSE UNIFORM STAND-
ARDS.—Section 31308(1) is amended to read as follows: 
‘‘(1) an individual issued a commercial driver’s 
license— 
‘‘(A) pass written and driving tests for the 
operation of a commercial motor vehicle that 
comply with the minimum standards prescribed 
by the Secretary under section 31305(a); and 
‘‘(B) present certification of completion of 
driver training that meets the requirements es-
tablished by the Secretary under section 4042 of 
the Motor Carrier Safety, Efficiency, and Ac-
countability Act of 2012;’’. 
SEC. 6403. COMMERCIAL DRIVER’S LICENSE PROGRAM. 
(a) IN GENERAL.—Section 31309(e)(4)(A) is amended 
by striking the period at the end and inserting ‘‘and must 
use the systems to receive and submit conviction and dis-
qualification data.’’. 
(b) REQUIREMENTS FOR STATE PARTICIPATION.— 
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(1) IN GENERAL.—Section 31311(a) is amend-
ed— 
(A) in paragraph (5) by striking ‘‘At least’’ 
and all that follows through ‘‘regulation),’’ and 
inserting the following: ‘‘Within the time period 
the Secretary prescribes by regulation,’’; and 
(B) by adding at the end the following: 
‘‘(22) Before renewing or issuing a commercial 
driver’s license to an individual, the State shall re-
quest information pertaining to the individual from 
the drug and alcohol clearinghouse maintained under 
section 31306a. 
‘‘(23) The State shall ensure that the State’s 
commercial driver’s license information system com-
plies with applicable Federal information technology 
standards.’’. 
(2) STATE COMMERCIAL DRIVER’S LICENSE PRO-
GRAM PLAN.—Section 31311 is amended by adding at 
the end the following: 
‘‘(d) STATE COMMERCIAL DRIVER’S LICENSE PRO-
GRAM PLAN.— 
‘‘(1) IN GENERAL.—A State shall develop and 
submit to the Secretary for approval a plan for com-
plying with the requirements of subsection (a) in the 
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period beginning on the date that the plan is ap-
proved and ending on September 30, 2017. 
‘‘(2) CONTENTS.—A plan submitted by a State 
under paragraph (1) shall identify— 
‘‘(A) the actions that the State must take to 
address any deficiencies in the State’s commer-
cial driver’s license program, as identified by the 
Secretary in the most recent audit of the pro-
gram; and 
‘‘(B) other actions that the State must take 
to comply with the requirements of subsection 
(a). 
‘‘(3) PRIORITY.— 
‘‘(A) IMPLEMENTATION SCHEDULE.—A plan 
submitted by a State under paragraph (1) shall 
include a schedule for the implementation of the 
actions identified under paragraph (2). 
‘‘(B) DEADLINE FOR COMPLIANCE WITH RE-
QUIREMENTS.—A plan submitted by a State 
under paragraph (1) shall include assurances 
that the State will take the necessary actions to 
comply with the requirements of subsection (a) 
not later than September 30, 2017. 
‘‘(4) APPROVAL
AND
DISAPPROVAL.—The Sec-
retary shall— 
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‘‘(A) review a plan submitted by a State 
under paragraph (1); and 
‘‘(B)(i) approve the plan if the Secretary 
determines that the plan is adequate to promote 
the objectives of this section; or 
‘‘(ii) disapprove the plan. 
‘‘(5) MODIFICATION OF DISAPPROVED PLANS.—If 
the Secretary disapproves a plan under this sub-
section, the Secretary shall— 
‘‘(A) provide the State a written expla-
nation of the disapproval; and 
‘‘(B) allow the State to modify and resub-
mit the plan for approval. 
‘‘(6) PLAN
UPDATES.—The Secretary may re-
quire States to review and update plans, as appro-
priate.’’. 
(3) ANNUAL COMPARISON OF STATE LEVELS OF 
COMPLIANCE.—Section 31311 is further amended by 
adding at the end the following: 
‘‘(e) ANNUAL COMPARISON OF STATE LEVELS OF COM-
PLIANCE.—On an annual basis, the Secretary shall— 
‘‘(1) conduct a comparison of the relative levels 
of compliance by States with the requirements of sub-
section (a); and 
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‘‘(2) make available to the public the results of 
the comparison, using a mechanism that the Sec-
retary determines appropriate.’’. 
(c) GRANTS
FOR COMMERCIAL DRIVER’S LICENSE 
PROGRAM IMPLEMENTATION.— 
(1) IN GENERAL.—Section 31313(a) is amended 
to read as follows: 
‘‘(a) GRANTS FOR COMMERCIAL DRIVER’S LICENSE 
PROGRAM IMPLEMENTATION.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation may make a grant to a State in a fiscal year 
to assist the State in complying with the requirements 
of section 31311. 
‘‘(2) ELIGIBILITY.—A State shall be eligible for 
a grant under this subsection if the State has in effect 
a commercial driver’s license program plan approved 
by the Secretary under section 31311(d). 
‘‘(3) USES OF GRANT FUNDS.—A State may use 
grant funds under this subsection— 
‘‘(A) to comply with section 31311; and 
‘‘(B) in the case of a State that is making 
a good faith effort toward substantial compliance 
with the requirements of section 31311 and this 
section, to improve its implementation of its 
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commercial driver’s license program, including 
expenses— 
‘‘(i) for computer hardware and soft-
ware; 
‘‘(ii) for publications, testing, per-
sonnel, training, and quality control; 
‘‘(iii) for commercial driver’s license 
program coordinators; and 
‘‘(iv) to establish and implement a sys-
tem to notify an employer of an operator of 
a commercial motor vehicle of a suspension 
or revocation of such operator’s driver’s li-
cense. 
‘‘(C) PROHIBITIONS.—A State may not use 
grant funds under this subsection to rent, lease, 
or buy land or buildings. 
‘‘(4) MAINTENANCE
OF
EXPENDITURES.—The 
Secretary may make a grant to a State under this 
subsection only if the State provides assurances satis-
factory to the Secretary that the total expenditure of 
amounts of the State and political subdivisions of the 
State (not including amounts of the United States) 
for the State’s commercial driver’s license program 
will be maintained at a level that at least equals the 
average level of that expenditure by the State and po-
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litical subdivisions of the State for the most recent 3 
fiscal years ending before the date of enactment of the 
Motor Carrier Safety, Efficiency, and Accountability 
Act of 2012.’’. 
(2) APPORTIONMENT.—Section 31313 is amend-
ed— 
(A) by striking subsections (b) and (c); 
(B) by redesignating subsection (d) as sub-
section (b); and 
(C) by striking subsection (b) (as so redesig-
nated) and inserting the following: 
‘‘(b) APPORTIONMENT.— 
‘‘(1) APPORTIONMENT
FORMULA.—Subject to 
paragraph (2), the amounts made available to carry 
out this section for a fiscal year shall be apportioned 
among the States in the ratio that— 
‘‘(A) the number of commercial driver’s li-
censes issued in each State; bears to 
‘‘(B) the total number of commercial driv-
er’s licenses issued in all States. 
‘‘(2) MINIMUM
APPORTIONMENT.—The appor-
tionment to each State that has in effect a commercial 
driver’s license program plan approved by the Sec-
retary under section 31311(d) shall be not less than 
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641 
one-half of 1 percent of the total funds available to 
carry out this section.’’. 
(3) 
CONFORMING
AMENDMENT.—The 
section 
heading for section 31313 is amended by striking 
‘‘improvements’’ and inserting ‘‘implementa-
tion’’. 
(4) CLERICAL
AMENDMENT.—The analysis for 
chapter 313 is amended by striking the item relating 
to section 31313 and inserting the following: 
‘‘31313. Grants for commercial driver’s license program implementation.’’. 
SEC. 6404. COMMERCIAL DRIVER’S LICENSE PASSENGER 
ENDORSEMENT REQUIREMENTS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall review 
and assess the current knowledge and skill testing require-
ments for a commercial driver’s license passenger endorse-
ment to determine what improvements to the knowledge test 
or examination of driving skills are necessary to ensure the 
safe operation of commercial motor vehicles designed or 
used to transport passengers. 
(b) REPORT.—Not later than 120 days after comple-
tion of the review and assessment under subsection (a), the 
Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate— 
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(1) a report on the review and assessment con-
ducted under subsection (a); 
(2) a plan to implement any changes to the 
knowledge and skills tests; and 
(3) a timeframe by which the Secretary will im-
plement the changes. 
SEC. 6405. COMMERCIAL DRIVER’S LICENSE HAZARDOUS 
MATERIALS ENDORSEMENT EXEMPTION. 
(a) IN GENERAL.—The Secretary may not require an 
individual with a class A commercial driver’s license to ob-
tain a hazardous materials endorsement under part 383 of 
title 49, Code of Federal Regulations (or any successor regu-
lation), in order to operate a service vehicle carrying diesel 
fuel in quantities of 3,785 liters (1,000 gallons) or less if— 
(1) the tank containing such fuel is clearly 
marked with a placard reading ‘‘Diesel Fuel’’; and 
(2) the individual is acting within the scope of 
the individual’s employment as an employee of any 
of the following farm-related service industries: 
(A) Agri-chemical business. 
(B) Custom harvesters. 
(C) Farm retail outlets and suppliers. 
(D) Livestock feeders. 
(b) IMPLEMENTATION.—The Secretary shall carry out 
subsection (a) in a manner consistent with the exemption 
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(ii) by inserting after subparagraph 
(A) the following: 
‘‘(B) addresses current or emerging needs;’’; 
(iii) in subparagraph (C) (as redesig-
nated by clause (i) of this subparagraph) by 
striking ‘‘supports research in which there 
is’’ and inserting ‘‘delivers’’; 
(iv) in subparagraph (D) (as redesig-
nated by clause (i) of this subparagraph) by 
striking ‘‘or’’ after the semicolon; 
(v) in subparagraph (E) (as redesig-
nated by clause (i) of this subparagraph) by 
striking the period at the end and inserting 
a semicolon; and 
(vi) by adding at the end the following: 
‘‘(F) presents the best means to align re-
sources with multiyear plans and priorities; or 
‘‘(G) ensures the coordination of highway 
research and technology transfer activities, in-
cluding those performed by the university trans-
portation centers established under subchapter I 
of chapter 55 of title 49.’’; 
(B) in paragraph (3)— 
(i) in subparagraph (B)— 
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(I) by striking ‘‘support and’’ and 
inserting ‘‘partner with State trans-
portation departments and other stake-
holders as appropriate to’’; and 
(II) by striking ‘‘by State high-
way agencies’’; 
(ii) in subparagraph (C)— 
(I) by striking ‘‘share’’ and insert-
ing ‘‘communicate’’; 
(II) by inserting ‘‘on-going and’’ 
before ‘‘completed’’; and 
(III) by striking ‘‘and’’ after the 
semicolon; 
(iii) in subparagraph (D)— 
(I) by striking ‘‘support and fa-
cilitate technology’’ and inserting ‘‘lead 
efforts to coordinate areas of national 
emphasis for highway research, tech-
nology,’’; and 
(II) by striking the period at the 
end and inserting a semicolon; and 
(iv) by adding at the end the following: 
‘‘(E) leverage partnerships with industry, 
academia, and other entities; and 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
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