422 
‘‘(iii) for commercial driver’s license 
program coordinators; and 
‘‘(iv) to implement or maintain a sys-
tem to notify an employer of an operator of 
a commercial motor vehicle of the suspen-
sion or revocation of the operator’s commer-
cial driver’s license consistent with the 
standards developed under section 32303(b) 
of the Commercial Motor Vehicle Safety En-
hancement Act of 2012 (49 U.S.C. 31304 
note). 
‘‘(2) PRIORITY ACTIVITIES.—The Secretary may 
make a grant to or enter into a cooperative agreement 
with a State agency, local government, or any person 
in a fiscal year for research, development and testing, 
demonstration projects, public education, and other 
special activities and projects relating to commercial 
drivers licensing and motor vehicle safety that— 
‘‘(A) benefit all jurisdictions of the United 
States; 
‘‘(B) address national safety concerns and 
circumstances; 
‘‘(C) address emerging issues relating to 
commercial driver’s license improvements;
423 
‘‘(D) support innovative ideas and solutions 
to commercial driver’s license program issues; or 
‘‘(E) address other commercial driver’s li-
cense issues, as determined by the Secretary. 
‘‘(b) PROHIBITIONS.—A recipient may not use finan-
cial assistance funds awarded under this section to rent, 
lease, or buy land or buildings. 
‘‘(c) REPORT.—The Secretary shall issue an annual 
report on the activities carried out under this section. 
‘‘(d) APPORTIONMENT.—All amounts made available 
to carry out this section for a fiscal year shall be appor-
tioned to a recipient described in subsection (a)(2) accord-
ing to criteria prescribed by the Secretary. 
‘‘(e) FUNDING.—For fiscal years beginning after Sep-
tember 30, 2016, this section shall be funded under section 
31104.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
313 of title 49, United States Code, is amended by striking 
the item relating to section 31313 and inserting the fol-
lowing: 
‘‘31313. Commercial driver’s license program implementation financial assistance 
program.’’. 
SEC. 5105. EXTENSION OF FEDERAL MOTOR CARRIER SAFE-
TY PROGRAMS FOR FISCAL YEAR 2016. 
(a) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM 
GRANT EXTENSION.—Section 31104(a) of title 49, United
424 
States Code, is amended by striking paragraphs (10) and 
(11) and inserting the following: 
‘‘(10) $218,000,000 for fiscal year 2015; and 
‘‘(11) $241,480,000 for fiscal year 2016.’’. 
(b) EXTENSION
OF
GRANT
PROGRAMS.—Section 
4101(c) of SAFETEA–LU (119 Stat. 1715; Public Law 
109–59) is amended to read as follows: 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—The fol-
lowing sums are authorized to be appropriated from the 
Highway Trust Fund (other than the Mass Transit Ac-
count): 
‘‘(1) COMMERCIAL DRIVER’S LICENSE PROGRAM 
IMPROVEMENT GRANTS.—For carrying out the com-
mercial driver’s license program improvement grants 
program under section 31313 of title 49, United 
States Code, $30,480,000 for fiscal year 2016. 
‘‘(2) BORDER ENFORCEMENT GRANTS.—For bor-
der enforcement grants under section 31107 of that 
title $32,512,000 for fiscal year 2016. 
‘‘(3) PERFORMANCE AND REGISTRATION INFOR-
MATION SYSTEMS MANAGEMENT GRANT PROGRAM.— 
For the performance and registration information 
systems management grant program under section 
31109 of that title $5,080,000 for fiscal year 2016.
425 
‘‘(4) COMMERCIAL VEHICLE INFORMATION SYS-
TEMS AND NETWORKS DEPLOYMENT.—For carrying 
out the commercial vehicle information systems and 
networks deployment program under section 4126 of 
this Act $25,400,000 for fiscal year 2016. 
‘‘(5) SAFETY DATA IMPROVEMENT GRANTS.—For 
safety data improvement grants under section 4128 of 
this Act $3,048,000 for fiscal year 2016.’’. 
(c) HIGH-PRIORITY ACTIVITIES.—Section 31104(j)(2) 
of title 49, United States Code, as redesignated by this sub-
title, is amended by striking ‘‘2015’’ the first place it ap-
pears and inserting ‘‘2016’’. 
(d) NEW ENTRANT AUDITS.—Section 31144(g)(5)(B) 
of title 49, United States Code, is amended to read as fol-
lows: 
‘‘(B) SET ASIDE.—The Secretary shall set 
aside from amounts made available under sec-
tion 31104(a) up to $32,000,000 for fiscal year 
2016 for audits of new entrant motor carriers 
conducted under this paragraph.’’. 
(e) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHI-
CLE OPERATORS.—Section 4134(c) of SAFETEA–LU (49 
U.S.C. 31301 note) is amended to read as follows: 
‘‘(c) FUNDING.—From amounts made available under 
section 31110 of title 49, United States Code, the Secretary
426 
shall make available, $1,000,000 for fiscal year 2016 to 
carry out this section.’’. 
(f) COMMERCIAL VEHICLE INFORMATION SYSTEMS 
AND NETWORKS DEPLOYMENT.— 
(1) IN GENERAL.—Section 4126 of SAFETEA– 
LU (49 U.S.C. 31106 note; 119 Stat. 1738; Public 
Law 109–59) is amended— 
(A) in subsection (c)— 
(i) in paragraph (2) by adding at the 
end the following: ‘‘Funds deobligated by the 
Secretary from previous year grants shall 
not be counted toward the $2,500,000 max-
imum aggregate amount for core deploy-
ment.’’; and 
(ii) in paragraph (3) by adding at the 
end the following: ‘‘Funds may also be used 
for planning activities, including the devel-
opment or updating of program or top level 
design plans.’’; and 
(B) in subsection (d)(4) by adding at the 
end the following: ‘‘Funds may also be used for 
planning activities, including the development or 
updating of program or top level design plans.’’. 
(2) INNOVATIVE TECHNOLOGY DEPLOYMENT PRO-
GRAM.—For fiscal year 2016, the commercial vehicle
427 
information systems and networks deployment pro-
gram under section 4126 of SAFETEA–LU (119 
Stat. 1738; Public Law 109–59) may also be referred 
to as the innovative technology deployment program. 
SEC. 5106. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM 
ALLOCATION. 
(a) WORKING GROUP.— 
(1) ESTABLISHMENT.—Not later than 180 days 
after the date of enactment of this Act, the Secretary 
shall establish a motor carrier safety assistance pro-
gram formula working group (in this section referred 
to as the ‘‘working group’’). 
(2) MEMBERSHIP.— 
(A) IN GENERAL.—Subject to subparagraph 
(B), the working group shall consist of represent-
atives of the following: 
(i) The Federal Motor Carrier Safety 
Administration. 
(ii) The lead State commercial motor 
vehicle safety agencies responsible for ad-
ministering the plan required by section 
31102 of title 49, United States Code. 
(iii) 
An 
organization 
representing 
State agencies responsible for enforcing a
428 
program for inspection of commercial motor 
vehicles. 
(iv) Such other persons as the Sec-
retary considers necessary. 
(B) 
COMPOSITION.—Representatives 
of 
State commercial motor vehicle safety agencies 
shall comprise at least 51 percent of the member-
ship. 
(3) NEW ALLOCATION FORMULA.—The working 
group shall analyze requirements and factors for the 
establishment of a new allocation formula for the 
motor carrier assistance program under section 31102 
of title 49, United States Code. 
(4) RECOMMENDATION.—Not later than 1 year 
after the date the working group is established under 
paragraph (1), the working group shall make a rec-
ommendation to the Secretary regarding a new allo-
cation formula for the motor carrier assistance pro-
gram. 
(5) EXEMPTION.—The Federal Advisory Com-
mittee Act (5 U.S.C. App.) shall not apply to the 
working group established under this subsection. 
(6) PUBLICATION.—The Administrator of the 
Federal Motor Carrier Safety Administration shall
429 
publish on a publicly accessible Internet Web site of 
the Federal Motor Carrier Safety Administration— 
(A) summaries of the meetings of the work-
ing group; and 
(B) the final recommendation of the work-
ing group provided to the Secretary. 
(b) NOTICE OF PROPOSED RULEMAKING.—After re-
ceiving the recommendation of the working group under 
subsection (a)(4), the Secretary shall publish in the Federal 
Register a notice seeking public comment on the establish-
ment of a new allocation formula for the motor carrier safe-
ty assistance program. 
(c) BASIS FOR FORMULA.—The Secretary shall ensure 
that the new allocation formula for the motor carrier assist-
ance program is based on factors that reflect, at a min-
imum— 
(1) the relative needs of the States to comply 
with section 31102 of title 49, United States Code; 
(2) the relative administrative capacities of and 
challenges faced by States in complying with that sec-
tion; 
(3) the average of each State’s new entrant motor 
carrier inventory for the 3-year period prior to the 
date of enactment of this Act;
430 
(4) the number of international border inspec-
tion facilities and border crossings by commercial ve-
hicles in each State; and 
(5) any other factors the Secretary considers ap-
propriate. 
(d) FUNDING AMOUNTS PRIOR TO DEVELOPMENT OF 
NEW ALLOCATION FORMULA.— 
(1) INTERIM FORMULA.—Prior to the develop-
ment of the new allocation formula for the motor car-
rier assistance program, the Secretary may calculate 
the interim funding amounts for that program in fis-
cal year 2017 (and later fiscal years, as necessary) 
under section 31104(a)(1) of title 49, United States 
Code, as amended by this subtitle, by using the fol-
lowing methodology: 
(A) The Secretary shall calculate the fund-
ing amount to a State using the allocation for-
mula the Secretary used to award motor carrier 
safety assistance program funding in fiscal year 
2016 under section 31102 of title 49, United 
States Code. 
(B) The Secretary shall average the funding 
awarded or other equitable amounts to a State 
in fiscal years 2013, 2014, and 2015 for—
431 
(i) border enforcement grants under 
section 31107 of title 49, United States 
Code; and 
(ii) new entrant audit grants under 
section 31144(g)(5) of that title. 
(C) The Secretary shall add the amounts 
calculated in subparagraphs (A) and (B). 
(2) ADJUSTMENTS.—Subject to the availability 
of funding and notwithstanding fluctuations in the 
data elements used by the Secretary, the initial 
amounts resulting from the calculation described in 
paragraph (1) shall be adjusted to ensure that, for 
each State, the amount shall not be less than 97 per-
cent of the average amount of funding received or 
other equitable amounts in fiscal years 2013, 2014, 
and 2015 for— 
(A) motor carrier safety assistance program 
funds awarded to the State under section 31102 
of title 49, United States Code; 
(B) border enforcement grants awarded to 
the State under section 31107 of title 49, United 
States Code; and 
(C) new entrant audit grants awarded to 
the State under section 31144(g)(5) of title 49, 
United States Code.
432 
(3) IMMEDIATE RELIEF.—In developing the new 
allocation formula, the Secretary shall terminate the 
withholding of motor carrier assistance program 
funds from a State for at least 3 fiscal years if the 
State was subject to the withholding of such funds for 
matters of noncompliance immediately prior to the 
date of enactment of this Act. 
(4) FUTURE WITHHOLDINGS.—Beginning on the 
date that the new allocation formula for the motor 
carrier assistance program is implemented, the Sec-
retary shall impose all future withholdings in accord-
ance with section 31102(k) of title 49, United States 
Code, as amended by this subtitle. 
(e) TERMINATION OF WORKING GROUP.—The working 
group established under subsection (a) shall terminate on 
the date of the implementation of a new allocation formula 
for the motor carrier safety assistance program. 
SEC. 5107. MAINTENANCE OF EFFORT CALCULATION. 
(a) BEFORE NEW ALLOCATION FORMULA.— 
(1) FISCAL YEAR 2017.—If a new allocation for-
mula for the motor carrier safety assistance program 
has not been established under this subtitle for fiscal 
year 2017, the Secretary shall calculate for fiscal year 
2017 the maintenance of effort baseline required 
under section 31102(f) of title 49, United States Code,
433 
as amended by this subtitle, by averaging the expend-
itures for fiscal years 2004 and 2005 required by sec-
tion 31102(b)(4) of title 49, United States Code, as 
that section was in effect on the day before the date 
of enactment of this Act. 
(2) SUBSEQUENT FISCAL YEARS.—The Secretary 
may use the methodology for calculating the mainte-
nance of effort baseline specified in paragraph (1) for 
fiscal year 2018 and subsequent fiscal years if a new 
allocation formula for the motor carrier safety assist-
ance program has not been established for that fiscal 
year. 
(b) BEGINNING
WITH
NEW
ALLOCATION
FORMA-
TION.— 
(1) IN GENERAL.—Subject to paragraphs (2) and 
(3)(B), beginning on the date that a new allocation 
formula for the motor carrier safety assistance pro-
gram is established under this subtitle, upon the re-
quest of a State, the Secretary may waive or modify 
the baseline maintenance of effort required of the 
State by section 31102(e) of title 49, United States 
Code, as amended by this subtitle, for the purpose of 
establishing a new baseline maintenance of effort if 
the Secretary determines that a waiver or modifica-
tion—
435 
on the day before the date of enactment of this 
Act. 
(B) The Secretary shall calculate the aver-
age required match by a lead State commercial 
motor vehicle safety agency for fiscal years 2013, 
2014, and 2015 for motor carrier safety assist-
ance grants established at 20 percent by section 
31103 of title 49, United States Code, as that 
section was in effect on the day before the date 
of enactment of this Act. 
(C) The Secretary shall calculate the esti-
mated match required under section 31104(b) of 
title 49, United States Code, as amended by this 
subtitle. 
(D) The Secretary shall subtract the amount 
in subparagraph (B) from the amount in sub-
paragraph (C) and— 
(i) if the number is greater than 0, the 
Secretary shall subtract the number from 
the amount in subparagraph (A); or 
(ii) if the number is not greater than 
0, the Secretary shall calculate the mainte-
nance of effort using the methodology in 
subparagraph (A). 
(3) MAINTENANCE OF EFFORT AMOUNT.—
436 
(A) IN GENERAL.—The Secretary shall use 
the amount calculated under paragraph (2) as 
the baseline maintenance of effort required under 
section 31102(f) of title 49, United States Code, 
as amended by this subtitle. 
(B) DEADLINE.—If a State does not request 
a waiver or modification under this subsection 
before September 30 during the first fiscal year 
that the Secretary implements a new allocation 
formula for the motor carrier safety assistance 
program under this subtitle, the Secretary shall 
calculate the maintenance of effort using the 
methodology described in paragraph (2)(A). 
(4) MAINTENANCE OF EFFORT DESCRIBED.—The 
maintenance of effort calculated under this section is 
the amount required under section 31102(f) of title 
49, United States Code, as amended by this subtitle. 
(c) TERMINATION OF EFFECTIVENESS.—The authority 
of the Secretary under this section shall terminate effective 
on the date that a new maintenance of effort baseline is 
calculated based on a new allocation formula for the motor 
carrier safety assistance program implemented under sec-
tion 31102 of title 49, United States Code.
437 
Subtitle B—Federal Motor Carrier 
Safety Administration Reform 
PART I—REGULATORY REFORM 
SEC. 5201. NOTICE OF CANCELLATION OF INSURANCE. 
Section 13906(e) of title 49, United States Code, is 
amended by inserting ‘‘or suspend’’ after ‘‘revoke’’. 
SEC. 5202. REGULATIONS. 
Section 31136 of title 49, United States Code, is 
amended— 
(1) by redesignating subsection (f) as subsection 
(g) and transferring such subsection to appear at the 
end of section 31315 of such title; and 
(2) by adding at the end the following: 
‘‘(f) REGULATORY IMPACT ANALYSIS.—Within each 
regulatory impact analysis of a proposed or final rule 
issued by the Federal Motor Carrier Safety Administration, 
the Secretary shall, whenever practicable— 
‘‘(1) consider the effects of the proposed or final 
rule on different segments of the motor carrier indus-
try; 
‘‘(2) formulate estimates and findings based on 
the best available science; and 
‘‘(3) utilize available data specific to the dif-
ferent types of motor carriers, including small and
438 
large carriers, and drivers that will be impacted by 
the proposed or final rule. 
‘‘(g) PUBLIC PARTICIPATION.— 
‘‘(1) IN GENERAL.—If a proposed rule promul-
gated under this part is likely to lead to the promul-
gation of a major rule, the Secretary, before promul-
gating such proposed rule, shall— 
‘‘(A) issue an advance notice of proposed 
rulemaking; or 
‘‘(B) proceed with a negotiated rulemaking. 
‘‘(2) REQUIREMENTS.—Each advance notice of 
proposed rulemaking issued under paragraph (1) 
shall— 
‘‘(A) identify the need for a potential regu-
latory action; 
‘‘(B) identify and request public comment 
on the best available science or technical infor-
mation relevant to analyzing potential regu-
latory alternatives; 
‘‘(C) request public comment on the avail-
able data and costs with respect to regulatory al-
ternatives reasonably likely to be considered as 
part of the rulemaking; and 
‘‘(D) request public comment on available 
alternatives to regulation.
439 
‘‘(3) WAIVER.—This subsection does not apply to 
a proposed rule if the Secretary, for good cause, finds 
(and incorporates the finding and a brief statement 
of reasons for such finding in the proposed or final 
rule) that an advance notice of proposed rulemaking 
is impracticable, unnecessary, or contrary to the pub-
lic interest. 
‘‘(h) REVIEW OF RULES.— 
‘‘(1) IN GENERAL.—Once every 5 years, the Sec-
retary shall conduct a review of regulations issued 
under this part. 
‘‘(2) SCHEDULE.—At the beginning of each 5- 
year review period, the Secretary shall publish a 
schedule that sets forth the plan for completing the re-
view under paragraph (1) within 5 years. 
‘‘(3) NOTIFICATION OF CHANGES.—During each 
review period, the Secretary shall address any 
changes to the schedule published under paragraph 
(2) and notify the public of such changes. 
‘‘(4) CONSIDERATION
OF
PETITIONS.—In con-
ducting a review under paragraph (1), the Secretary 
shall consider petitions for regulatory action under 
this part received by the Administrator of the Federal 
Motor Carrier Safety Administration.
440 
‘‘(5) ASSESSMENT.—At the conclusion of each re-
view under paragraph (1), the Secretary shall publish 
on a publicly accessible Internet Web site of the De-
partment of Transportation an assessment that in-
cludes— 
‘‘(A) an inventory of the regulations issued 
during the 5-year period ending on the date on 
which the assessment is published; 
‘‘(B) a determination of whether the regula-
tions are— 
‘‘(i) consistent and clear; 
‘‘(ii) current with the operational re-
alities of the motor carrier industry; and 
‘‘(iii) uniformly enforced; and 
‘‘(C) an assessment of whether the regula-
tions continue to be necessary. 
‘‘(6) RULEMAKING.—Not later than 2 years after 
the completion of each review under this subsection, 
the Secretary shall initiate a rulemaking to amend 
regulations as necessary to address the determinations 
made under paragraph (5)(B) and the results of the 
assessment under paragraph (5)(C). 
‘‘(i) RULE OF CONSTRUCTION.—Nothing in subsection 
(f) or (g) may be construed to limit the contents of an ad-
vance notice of proposed rulemaking.’’.
441 
SEC. 5203. GUIDANCE. 
(a) IN GENERAL.— 
(1) DATE
OF
ISSUANCE
AND
POINT
OF
CON-
TACT.—Each guidance document issued by the Fed-
eral Motor Carrier Safety Administration shall have 
a date of issuance or a date of revision, as applicable, 
and shall include the name and contact information 
of a point of contact at the Administration who can 
respond to questions regarding the guidance. 
(2) PUBLIC ACCESSIBILITY.— 
(A) IN GENERAL.—Each guidance document 
issued or revised by the Federal Motor Carrier 
Safety Administration shall be published on a 
publicly accessible Internet Web site of the De-
partment on the date of issuance or revision. 
(B) REDACTION.—The Administrator of the 
Federal Motor Carrier Safety Administration 
may redact from a guidance document published 
under subparagraph (A) any information that 
would reveal investigative techniques that would 
compromise Administration enforcement efforts. 
(3) INCORPORATION
INTO
REGULATIONS.—Not 
later than 5 years after the date on which a guidance 
document is published under paragraph (2) or during 
an applicable review under subsection (c), whichever 
is earlier, the Secretary shall revise regulations to in-
442 
corporate the guidance document to the extent prac-
ticable. 
(4) REISSUANCE.—If a guidance document is 
not incorporated into regulations in accordance with 
paragraph (3), the Administrator shall— 
(A) reissue an updated version of the guid-
ance document; and 
(B) review and reissue an updated version 
of the guidance document every 5 years until the 
date on which the guidance document is removed 
or incorporated into applicable regulations. 
(b) INITIAL REVIEW.—Not later than 1 year after the 
date of enactment of this Act, the Administrator shall re-
view all guidance documents published under subsection (a) 
to ensure that such documents are current, are readily ac-
cessible to the public, and meet the standards specified in 
subparagraphs (A), (B), and (C) of subsection (c)(1). 
(c) REGULAR REVIEW.— 
(1) IN GENERAL.—Subject to paragraph (2), not 
less than once every 5 years, the Administrator shall 
conduct a comprehensive review of the guidance docu-
ments issued by the Federal Motor Carrier Safety Ad-
ministration to determine whether such documents 
are— 
(A) consistent and clear;
443 
(B) uniformly and consistently enforced; 
and 
(C) still necessary. 
(2) NOTICE AND COMMENT.—Prior to beginning 
a review under paragraph (1), the Administrator 
shall publish in the Federal Register a notice and re-
quest for comment that solicits input from stake-
holders on which guidance documents should be up-
dated or eliminated. 
(3) REPORT.— 
(A) IN GENERAL.—Not later than 60 days 
after the date on which a review under para-
graph (1) is completed, the Administrator shall 
publish on a publicly accessible Internet Web site 
of the Department a report detailing the review 
and a full inventory of the guidance documents 
of the Administration. 
(B) CONTENTS.—A report under subpara-
graph (A) shall include a summary of the re-
sponse of the Administration to each comment 
received under paragraph (2). 
(d) GUIDANCE DOCUMENT DEFINED.—In this section, 
the term ‘‘guidance document’’ means a document issued 
by the Federal Motor Carrier Safety Administration that—
444 
(1) provides an interpretation of a regulation of 
the Administration; or 
(2) includes an enforcement policy of the Admin-
istration. 
SEC. 5204. PETITIONS. 
(a) IN GENERAL.—The Administrator of the Federal 
Motor Carrier Safety Administration shall— 
(1) publish on a publicly accessible Internet Web 
site of the Department a summary of all petitions for 
regulatory action submitted to the Administration; 
(2) prioritize the petitions submitted based on 
the likelihood of safety improvements resulting from 
the regulatory action requested; 
(3) not later than 180 days after the date a sum-
mary of a petition is published under paragraph (1), 
formally respond to such petition by indicating 
whether the Administrator will accept, deny, or fur-
ther review the petition; 
(4) prioritize responses to petitions consistent 
with a response’s potential to reduce crashes, improve 
enforcement, and reduce unnecessary burdens; and 
(5) not later than 60 days after the date of re-
ceipt of a petition, publish on a publicly accessible 
Internet Web site of the Department an updated in-
ventory of the petitions described in paragraph (1),
445 
including any applicable disposition information for 
those petitions. 
(b) PETITION DEFINED.—In this section, the term ‘‘pe-
tition’’ means a request for a new regulation, a regulatory 
interpretation or clarification, or a review of a regulation 
to eliminate or modify an obsolete, ineffective, or overly bur-
densome regulation. 
PART II—COMPLIANCE, SAFETY, 
ACCOUNTABILITY REFORM 
SEC. 5221. CORRELATION STUDY. 
(a) IN GENERAL.—The Administrator of the Federal 
Motor Carrier Safety Administration (referred to in this 
part as the ‘‘Administrator’’) shall commission the National 
Research Council of the National Academies to conduct a 
study of— 
(1) the Compliance, Safety, Accountability pro-
gram of the Federal Motor Carrier Safety Adminis-
tration (referred to in this part as the ‘‘CSA pro-
gram’’); and 
(2) the Safety Measurement System utilized by 
the CSA program (referred to in this part as the 
‘‘SMS’’). 
(b) SCOPE OF STUDY.—In carrying out the study com-
missioned pursuant to subsection (a), the National Research 
Council—
446 
(1) shall analyze— 
(A) the accuracy with which the Behavior 
Analysis and Safety Improvement Categories 
(referred to in this part as ‘‘BASIC’’)— 
(i) identify high risk carriers; and 
(ii) predict or are correlated with fu-
ture crash risk, crash severity, or other safe-
ty indicators for motor carriers; 
(B) the methodology used to calculate 
BASIC percentiles and identify carriers for en-
forcement, including the weights assigned to par-
ticular violations and the tie between crash risk 
and specific regulatory violations, with respect to 
accurately identifying and predicting future 
crash risk for motor carriers; 
(C) the relative value of inspection informa-
tion and roadside enforcement data; 
(D) any data collection gaps or data suffi-
ciency problems that may exist and the impact 
of those gaps and problems on the efficacy of the 
CSA program; 
(E) the accuracy of safety data, including 
the use of crash data from crashes in which a 
motor carrier was free from fault;
447 
(F) whether BASIC percentiles for motor 
carriers of passengers should be calculated dif-
ferently than for motor carriers of freight; 
(G) the differences in the rates at which 
safety violations are reported to the Federal 
Motor Carrier Safety Administration for inclu-
sion in the SMS by various enforcement authori-
ties, including States, territories, and Federal 
inspectors; and 
(H) how members of the public use the SMS 
and what effect making the SMS information 
public has had on reducing crashes and elimi-
nating unsafe motor carriers from the industry; 
and 
(2) shall consider— 
(A) whether the SMS provides comparable 
precision and confidence, through SMS alerts 
and percentiles, for the relative crash risk of in-
dividual large and small motor carriers; 
(B) whether alternatives to the SMS would 
identify high risk carriers more accurately; and 
(C) the recommendations and findings of 
the Comptroller General of the United States and 
the Inspector General of the Department, and
448 
independent review team reports, issued before 
the date of enactment of this Act. 
(c) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Administrator shall submit 
a report containing the results of the study commissioned 
pursuant to subsection (a) to— 
(1) the Committee on Commerce, Science, and 
Transportation of the Senate; 
(2) the Committee on Transportation and Infra-
structure of the House of Representatives; and 
(3) the Inspector General of the Department. 
(d) CORRECTIVE ACTION PLAN.— 
(1) IN GENERAL.—Not later than 120 days after 
the Administrator submits the report under subsection 
(c), if that report identifies a deficiency or oppor-
tunity for improvement in the CSA program or in 
any element of the SMS, the Administrator shall sub-
mit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives a corrective action plan that— 
(A) responds to the deficiencies or opportu-
nities identified by the report;
449 
(B) identifies how the Federal Motor Car-
rier Safety Administration will address such de-
ficiencies or opportunities; and 
(C) provides an estimate of the cost, includ-
ing with respect to changes in staffing, enforce-
ment, and data collection, necessary to address 
such deficiencies or opportunities. 
(2) PROGRAM REFORMS.—The corrective action 
plan submitted under paragraph (1) shall include an 
implementation plan that— 
(A) includes benchmarks; 
(B) includes programmatic reforms, revi-
sions to regulations, or proposals for legislation; 
and 
(C) shall be considered in any rulemaking 
by the Department that relates to the CSA pro-
gram, including the SMS. 
(e) INSPECTOR GENERAL REVIEW.—Not later than 
120 days after the Administrator submits a corrective ac-
tion plan under subsection (d), the Inspector General of the 
Department shall— 
(1) review the extent to which such plan imple-
ments— 
(A) recommendations contained in the re-
port submitted under subsection (c); and
450 
(B) relevant recommendations issued by the 
Comptroller General or the Inspector General be-
fore the date of enactment of this Act; and 
(2) submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives a report on the respon-
siveness of the corrective action plan to the rec-
ommendations described in paragraph (1). 
SEC. 5222. BEYOND COMPLIANCE. 
(a) IN GENERAL.—Not later than 18 months after the 
date of enactment of this Act, the Administrator shall incor-
porate into the CSA program a methodology to allow rec-
ognition and an improved SMS score for— 
(1) the installation of advanced safety equip-
ment; 
(2) the use of enhanced driver fitness measures; 
(3) the adoption of fleet safety management tools, 
technologies, and programs; or 
(4) other metrics as determined appropriate by 
the Administrator. 
(b) QUALIFICATION.—The Administrator, after pro-
viding notice and an opportunity for comment, shall de-
velop technical or other performance standards with respect 
to advanced safety equipment, enhanced driver fitness
451 
measures, fleet safety management tools, technologies, and 
programs, and other metrics for purposes of subsection (a). 
(c) REPORT.—Not later than 18 months after the in-
corporation of the methodology under subsection (a), the Ad-
ministrator shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the number of motor car-
riers receiving recognition and improved scores under such 
methodology and the safety performance of such carriers. 
SEC. 5223. DATA CERTIFICATION. 
(a) IN GENERAL.—On and after the date that is 1 day 
after the date of enactment of this Act, no information re-
garding analysis of violations, crashes in which a deter-
mination is made that the motor carrier or the commercial 
motor vehicle driver is not at fault, alerts, or the relative 
percentile for each BASIC developed under the CSA pro-
gram may be made available to the public (including 
through requests under section 552 of title 5, United States 
Code) until the Inspector General of the Department cer-
tifies that— 
(1) the report required under section 5221(c) has 
been submitted in accordance with that section; 
(2) any deficiencies identified in the report re-
quired under section 5221(c) have been addressed;
452 
(3) if applicable, the corrective action plan 
under section 5221(d) has been implemented; 
(4) the Administrator of the Federal Motor Car-
rier Safety Administration has fully implemented or 
satisfactorily addressed the issues raised in the report 
titled ‘‘Modifying the Compliance, Safety, Account-
ability Program Would Improve the Ability to Iden-
tify High Risk Carriers’’ of the Government Account-
ability Office and dated February 2014 (GAO–14– 
114); and 
(5) the CSA program has been modified in ac-
cordance with section 5222. 
(b) LIMITATION ON THE USE OF CSA ANALYSIS.—In-
formation regarding alerts and the relative percentile for 
each BASIC developed under the CSA program may not 
be used for safety fitness determinations until the Inspector 
General of the Department makes the certification under 
subsection (a). 
(c) CONTINUED PUBLIC AVAILABILITY OF DATA.—Not-
withstanding any other provision of this section, inspection 
and violation information submitted to the Federal Motor 
Carrier Safety Administration by commercial motor vehicle 
inspectors and qualified law enforcement officials, out-of- 
service rates, and absolute measures shall remain available 
to the public.
453 
(d) EXCEPTIONS.— 
(1) IN
GENERAL.—Notwithstanding any other 
provision of this section— 
(A) the Federal Motor Carrier Safety Ad-
ministration and State and local commercial 
motor vehicle enforcement agencies may use the 
information referred to in subsection (a) for pur-
poses 
of 
investigation 
and 
enforcement 
prioritization; and 
(B) a motor carrier and a commercial 
motor vehicle driver may access information re-
ferred to in subsection (a) that relates directly to 
the motor carrier or driver, respectively. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
section may be construed to restrict the official use by 
State enforcement agencies of the data collected by 
State enforcement personnel. 
SEC. 5224. INTERIM HIRING STANDARD. 
(a) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ENTITY.—The term ‘‘entity’’ means a person 
acting as— 
(A) a shipper, other than an individual 
shipper (as that term is defined in section 13102 
of title 49, United States Code), or a consignee;
454 
(B) a broker or a freight forwarder (as such 
terms are defined in section 13102 of title 49, 
United States Code); 
(C) a non-vessel-operating common carrier, 
an ocean freight forwarder, or an ocean trans-
portation intermediary (as such terms are de-
fined in section 40102 of title 46, United States 
Code); 
(D) an indirect air carrier authorized to 
operate under a Standard Security Program ap-
proved by the Transportation Security Adminis-
tration; 
(E) a customs broker licensed in accordance 
with section 111.2 of title 19, Code of Federal 
Regulations; 
(F) an interchange motor carrier subject to 
paragraphs (1)(B) and (2) of section 13902(i) of 
title 49, United States Code; or 
(G) a warehouse (as defined in section 7– 
102(13) of the Uniform Commercial Code). 
(2) MOTOR CARRIER.—The term ‘‘motor carrier’’ 
means a motor carrier (as that term is defined in sec-
tion 13102 of title 49, United States Code) that is 
subject to Federal motor carrier financial responsi-
bility and safety regulations.
455 
(b) HIRING STANDARD.—Subsection (c) shall only be 
applicable to entities who, before tendering a shipment, but 
not more than 35 days before the pickup of the shipment 
by the hired motor carrier, verify that the motor carrier, 
at the time of such verification— 
(1) is registered with and authorized by the Fed-
eral Motor Carrier Safety Administration to operate 
as a motor carrier, if applicable; 
(2) has the minimum insurance coverage re-
quired by Federal law; and 
(3) has a satisfactory safety fitness determina-
tion issued by the Federal Motor Carrier Safety Ad-
ministration in force. 
(c) INTERIM USE OF DATA.— 
(1) IN GENERAL.—With respect to an entity who 
completed a verification under subsection (b), only in-
formation regarding the entity’s compliance or non-
compliance with subsection (b) may be admitted as 
evidence or otherwise used against the entity in a 
civil action for damages resulting from a claim of 
negligent selection or retention of a motor carrier. 
(2) EXCLUDED EVIDENCE.—With respect to an 
entity who completed a verification under subsection 
(b), motor carrier data (other than the information 
described in paragraph (1)) created or maintained by
456 
the Federal Motor Carrier Safety Administration, in-
cluding SMS data or analysis of such data, may not 
be admitted into evidence in a case or proceeding in 
which it is asserted or alleged that the entity’s selec-
tion or retention of a motor carrier was negligent. 
(d) SUNSET.—This section shall cease to be effective 
on the date on which the Inspector General of the Depart-
ment makes the certification under section 5223(a). 
Subtitle C—Commercial Motor 
Vehicle Safety 
SEC. 5301. IMPLEMENTING SAFETY REQUIREMENTS. 
(a) NATIONAL CLEARINGHOUSE
FOR CONTROLLED 
SUBSTANCE AND ALCOHOL TEST RESULTS OF COMMER-
CIAL MOTOR VEHICLE OPERATORS.—If the deadline estab-
lished under section 31306a(a)(1) of title 49, United States 
Code, has not been met, not later than 30 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation 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 written notification that— 
(1) explains why such deadline has not been met; 
and 
(2) establishes a new deadline for completion of 
the requirements of such section.
457 
(b) ELECTRONIC LOGGING DEVICES.—If the deadline 
established under section 31137(a) of title 49, United States 
Code, has not been met, not later than 30 days after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate written 
notification that— 
(1) explains why such deadline has not been met; 
and 
(2) establishes a new deadline for completion of 
the requirements of such section. 
(c) STANDARDS FOR TRAINING.—If the deadline estab-
lished under section 31305(c) of title 49, United States 
Code, has not been met, not later than 30 days after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate written 
notification that— 
(1) explains why such deadline has not been met; 
and 
(2) establishes a new deadline for completion of 
the requirements of such section.
458 
(d) FURTHER RESPONSIBILITIES.—If the Secretary 
determines that a deadline established under subsection 
(a)(2), (b)(2), or (c)(2) cannot be met, not later than 30 
days after the date on which such determination is made, 
the Secretary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate written notification that— 
(1) explains why such deadline cannot be met; 
and 
(2) establishes a new deadline for completion of 
the relevant requirements. 
SEC. 5302. WINDSHIELD MOUNTED SAFETY TECHNOLOGY. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall issue regu-
lations to modify section 393.60(e)(1) of title 49, Code of 
Federal Regulations, to permanently allow the voluntary 
mounting on the inside of a vehicle’s windshield, within the 
area swept by windshield wipers, of vehicle safety tech-
nologies, if the Secretary determines that such mounting is 
likely to achieve a level of safety that is equivalent to, or 
greater than, the level of safety that would be achieved with-
out such mounting. 
(b) VEHICLE SAFETY TECHNOLOGY DEFINED.—In this 
section, the term ‘‘vehicle safety technology’’ includes lane
459 
departure warning systems, collision avoidance systems, on- 
board video event recording devices, and any other tech-
nology determined appropriate by the Secretary. 
(c) RULE OF CONSTRUCTION.—Nothing in this section 
may be construed to alter the terms of a short-term exemp-
tion from section 393.60(e) of title 49, Code of Federal Reg-
ulations, granted and in effect as of the date of enactment 
of this Act. 
SEC. 5303. PRIORITIZING STATUTORY RULEMAKINGS. 
The Administrator of the Federal Motor Carrier Safety 
Administration shall prioritize the completion of each out-
standing rulemaking required by statute before beginning 
any other rulemaking, unless the Secretary determines that 
there is a significant need for such other rulemaking. 
SEC. 5304. SAFETY REPORTING SYSTEM. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General of the 
United States shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives a report on the cost and feasibility of 
establishing a self-reporting system for commercial motor 
vehicle drivers or motor carriers with respect to en route 
equipment failures.
460 
(b) CONTENTS.—The report required under subsection 
(a) shall include— 
(1) an analysis of— 
(A) alternatives for the reporting of equip-
ment failures in real time, including an Internet 
Web site or telephone hotline; 
(B) the ability of a commercial motor vehi-
cle driver or a motor carrier to provide to the 
Federal Motor Carrier Safety Administration 
proof of repair of a self-reported equipment fail-
ure; 
(C) the ability of the Federal Motor Carrier 
Safety Administration to ensure that self-re-
ported equipment failures proven to be repaired 
are not used in the calculation of Behavior Anal-
ysis and Safety Improvement Category scores; 
(D) the ability of roadside inspectors to ac-
cess self-reported equipment failures; 
(E) the cost to establish and administer a 
self-reporting system; 
(F) the ability for a self-reporting system to 
track individual commercial motor vehicles 
through unique identifiers; and 
(G) whether a self-reporting system would 
yield demonstrable safety benefits;
461 
(2) an identification of any regulatory or statu-
tory impediments to the implementation of a self-re-
porting system; and 
(3) recommendations on implementing a self-re-
porting system. 
SEC. 5305. NEW ENTRANT SAFETY REVIEW PROGRAM. 
(a) IN GENERAL.—The Secretary shall conduct an as-
sessment of the new operator safety review program under 
section 31144(g) of title 49, United States Code, including 
the program’s effectiveness in reducing crashes, fatalities, 
and injuries involving commercial motor vehicles and im-
proving commercial motor vehicle safety. 
(b) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall publish on a pub-
licly accessible Internet Web site of the Department and 
submit to the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
a report on the results of the assessment conducted under 
subsection (a), including any recommendations for improv-
ing the effectiveness of the program (including recommenda-
tions for legislative changes). 
SEC. 5306. READY MIXED CONCRETE TRUCKS. 
A driver of a ready mixed concrete mixer truck is ex-
empt from section 3(a)(3)(ii) of part 395 of title 49, Code
462 
of Federal Regulations, if the driver is in compliance with 
clauses (i), (iii), (iv), and (v) of subsection (e)(1) of section 
1 of part 395 of such title (regarding the 100 air-mile log-
ging exemption). 
Subtitle D—Commercial Motor 
Vehicle Drivers 
SEC. 5401. OPPORTUNITIES FOR VETERANS. 
(a) STANDARDS FOR TRAINING AND TESTING OF VET-
ERAN OPERATORS.—Section 31305 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘(d) STANDARDS FOR TRAINING AND TESTING OF VET-
ERAN OPERATORS.— 
‘‘(1) IN GENERAL.—Not later than December 31, 
2016, the Secretary shall modify the regulations pre-
scribed under subsections (a) and (c) to— 
‘‘(A) exempt a covered individual from all 
or a portion of a driving test if the covered indi-
vidual had experience in the armed forces or re-
serve components driving vehicles similar to a 
commercial motor vehicle; 
‘‘(B) ensure that a covered individual may 
apply for an exemption under subparagraph (A) 
during, at least, the 1-year period beginning on 
the date on which such individual separates from
463 
service in the armed forces or reserve compo-
nents; and 
‘‘(C) credit the training and knowledge a 
covered individual received in the armed forces 
or reserve components driving vehicles similar to 
a commercial motor vehicle for purposes of satis-
fying minimum standards for training and 
knowledge. 
‘‘(2) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) ARMED
FORCES.—The term ‘armed 
forces’ has the meaning given that term in sec-
tion 101(a)(4) of title 10. 
‘‘(B) COVERED INDIVIDUAL.—The term ‘cov-
ered individual’ means— 
‘‘(i) a former member of the armed 
forces; or 
‘‘(ii) a former member of the reserve 
components. 
‘‘(C) RESERVE
COMPONENTS.—The term 
‘reserve components’ means— 
‘‘(i) the Army National Guard of the 
United States; 
‘‘(ii) the Army Reserve; 
‘‘(iii) the Navy Reserve;
464 
‘‘(iv) the Marine Corps Reserve; 
‘‘(v) the Air National Guard of the 
United States; 
‘‘(vi) the Air Force Reserve; and 
‘‘(vii) the Coast Guard Reserve.’’. 
(b) IMPLEMENTATION OF THE MILITARY COMMERCIAL 
DRIVER’S LICENSE ACT.—Not later than December 31, 
2015, the Secretary shall issue final regulations to imple-
ment the exemption to the domicile requirement under sec-
tion 31311(a)(12)(C) of title 49, United States Code. 
(c) 
CONFORMING
AMENDMENT.—Section 
31311(a)(12)(C)(ii) of title 49, United States Code, is 
amended to read as follows: 
‘‘(ii) is an active duty member of— 
‘‘(I) the armed forces (as that term is 
defined in section 101(a)(4) of title 10); or 
‘‘(II) the reserve components (as that 
term is defined in section 31305(d)(2)(C) of 
this title); and’’. 
SEC. 5402. DRUG-FREE COMMERCIAL DRIVERS. 
(a) IN GENERAL.—Section 31306 of title 49, United 
States Code, is amended— 
(1) in subsection (b)(1)— 
(A) by redesignating subparagraph (B) as 
subparagraph (C);
465 
(B) in subparagraph (A) by striking ‘‘The 
regulations shall permit such motor carriers to 
conduct preemployment testing of such employees 
for the use of alcohol.’’; and 
(C) by inserting after subparagraph (A) the 
following: 
‘‘(B) The regulations prescribed under subparagraph 
(A) shall permit motor carriers— 
‘‘(i) to conduct preemployment testing of com-
mercial motor vehicle operators for the use of alcohol; 
and 
‘‘(ii) to use hair testing as an acceptable alter-
native to urine testing— 
‘‘(I) in conducting preemployment testing 
for the use of a controlled substance; and 
‘‘(II) in conducting random testing for the 
use of a controlled substance if the operator was 
subject to hair testing for preemployment test-
ing.’’; 
(2) in subsection (b)(2)— 
(A) in subparagraph (A) by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (B) by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following:
466 
‘‘(C) shall provide an exemption from hair test-
ing for commercial motor vehicle operators with es-
tablished religious beliefs that prohibit the cutting or 
removal of hair.’’; and 
(3) in subsection (c)(2)— 
(A) in the matter preceding subparagraph 
(A) by inserting ‘‘for urine testing, and technical 
guidelines for hair testing,’’ before ‘‘including 
mandatory guidelines’’; 
(B) in subparagraph (B) by striking ‘‘and’’ 
at the end; 
(C) in subparagraph (C) by inserting 
‘‘and’’ after the semicolon; and 
(D) by adding at the end the following: 
‘‘(D) laboratory protocols and cut-off levels 
for hair testing to detect the use of a controlled 
substance;’’. 
(b) GUIDELINES.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Health and 
Human Services shall issue scientific and technical guide-
lines for hair testing as a method of detecting the use of 
a controlled substance for purposes of section 31306 of title 
49, United States Code.
467 
SEC. 5403. CERTIFIED MEDICAL EXAMINERS. 
(a) IN GENERAL.—Section 31315(b)(1) of title 49, 
United States Code, is amended by striking ‘‘or section 
31136’’ and inserting ‘‘, section 31136, or section 
31149(d)(3)’’. 
(b) CONFORMING AMENDMENT.—Section 31149(d)(3) 
of title 49, United States Code, is amended by inserting 
‘‘, unless the person issuing the certificate is the subject of 
an exemption issued under section 31315(b)(1)’’ before the 
semicolon. 
SEC. 5404. GRADUATED COMMERCIAL DRIVER’S LICENSE 
PILOT PROGRAM. 
(a) TASK FORCE.— 
(1) IN GENERAL.—The Secretary shall convene a 
task force to evaluate and make recommendations to 
the Secretary on elements for inclusion in a grad-
uated commercial driver’s license pilot program that 
would allow a novice licensed driver between the ages 
of 19 years and 6 months and 21 years to safely oper-
ate a commercial motor vehicle in a limited capacity 
in interstate commerce between States that enter into 
a bi-State agreement. 
(2) MEMBERSHIP.—The task force convened 
under paragraph (1) shall include representatives of 
State motor vehicle administrators, motor carriers,