portation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the specific actions
taken to implement such recommendations.
(2) REPORTS BY THE INSPECTOR GENERAL.—
The Inspector General shall periodically transmit to
the Committees referred to in paragraph (1) a re-
port assessing the Secretary’s progress in imple-
menting the recommendations referred to in sub-
section (a) and analyzing the number of violations
cited by safety inspectors and the level of fines as-
sessed and collected for such violations, and of the
number of cases in which there are findings of ex-
traordinary circumstances under section 222(c) of
this Act and the circumstances in which these find-
ings are made.
SEC. 217. PERIODIC REFILING OF MOTOR CARRIER IDENTI-
FICATION REPORTS.
The Secretary shall amend section 385.21 of the De-
partment of Transportation’s regulations (49 C.F.R.
385.21) to require periodic updating, not more frequently
than once every 2 years, of the motor carrier identification
report, form MCS–150, filed by each motor carrier con-
ducting operations in interstate or foreign commerce. The
initial update shall occur not later than 1 year after the
date of the enactment of this Act.
SEC. 218. BORDER STAFFING STANDARDS.
(a) DEVELOPMENT
AND
IMPLEMENTATION.—Not
later than 1 year after the date of the enactment of this
Act, the Secretary shall develop and implement appro-
priate staffing standards for Federal and State motor car-
rier safety inspectors in international border areas.
(b) FACTORS TO BE CONSIDERED.—In developing
standards under subsection (a), the Secretary shall con-
sider volume of traffic, hours of operation of the border
facility, types of commercial motor vehicles, types of cargo,
delineation of responsibility between Federal and State in-
spectors, and such other factors as the Secretary deter-
mines appropriate.
(c) MAINTENANCE OF EFFORT.—The standards de-
veloped and implemented under subsection (a) shall ensure
that the United States and each State will not reduce its
respective level of staffing of motor carrier safety inspec-
tors in international border areas from its average level
staffing for fiscal year 2000.
(d) BORDER COMMERCIAL MOTOR VEHICLE
AND
SAFETY ENFORCEMENT PROGRAMS.—
(1) ENFORCEMENT.—If, on October 1, 2001,
and October 1 of each fiscal year thereafter, the
Secretary has not ensured that the levels of staffing
required by the standards developed under sub-
section (a) are deployed, the Secretary should des-
ignate the amount made available for allocation
under section 31104(f)(2)(B) of title 49, United
States Code, for such fiscal year for States, local
governments, and other persons for carrying out
border commercial motor vehicle safety programs
and enforcement activities and projects.
(2) ALLOCATION.—If the Secretary makes a
designation of an amount under paragraph (1), such
amount shall be allocated by the Secretary to State
agencies, local governments, and other persons that
use and train qualified officers and employees in co-
ordination with State motor vehicle safety agencies.
(3) LIMITATION.—If the Secretary makes a
designation pursuant to paragraph (1) for a fiscal
year, the Secretary may not make a designation
under section 31104(f)(2)(B) of title 49, United
States Code, for such fiscal year.
SEC. 219. FOREIGN MOTOR CARRIER PENALTIES AND DIS-
QUALIFICATIONS.
(a) GENERAL RULE.—Subject to subsections (b) and
(c), a foreign motor carrier or foreign motor private car-
rier (as such terms are defined under section 13102 of
title 49, United States Code) that operates without au-
thority, before the implementation of the land transpor-
tation provisions of the North American Free Trade
Agreement, outside the boundaries of a commercial zone
along the United States-Mexico border shall be liable to
the United States for a civil penalty and shall be disquali-
fied from operating a commercial motor vehicle anywhere
within the United States as provided in subsections (b)
and (c).
(b) PENALTY FOR INTENTIONAL VIOLATION.—The
civil penalty for an intentional violation of subsection (a)
by a carrier shall not be more than $10,000 and may in-
clude a disqualification from operating a commercial
motor vehicle anywhere within the United States for a pe-
riod of not more than 6 months.
(c) PENALTY FOR PATTERN OF INTENTIONAL VIOLA-
TIONS.—The civil penalty for a pattern of intentional vio-
lations of subsection (a) by a carrier shall not be more
than $25,000 and the carrier shall be disqualified from
operating a commercial motor vehicle anywhere within the
United States and the disqualification may be permanent.
(d) LEASING.—Before the implementation of the land
transportation provisions of the North American Free
Trade Agreement, during any period in which a suspen-
sion, condition, restriction, or limitation imposed under
section 13902(c) of title 49, United States Code, applies
to a motor carrier (as defined in section 13902(e) of such
title), that motor carrier may not lease a commercial
motor vehicle to another motor carrier or a motor private
carrier to transport property in the United States.
(e) SAVINGS CLAUSE.—No provision of this section
may be enforced if it is inconsistent with any international
agreement of the United States.
(f) ACTS OF EMPLOYEES.—The actions of any em-
ployee driver of a foreign motor carrier or foreign motor
private carrier committed without the knowledge of the
carrier or committed unintentionally shall not be grounds
for penalty or disqualification under this section.
SEC. 220. TRAFFIC LAW INITIATIVE.
(a) IN GENERAL.—In cooperation with one or more
States, the Secretary may carry out a program to develop
innovative methods of improving motor carrier compliance
with traffic laws. Such methods may include the use of
photography and other imaging technologies.
(b) REPORT.—The Secretary shall transmit to Con-
gress a report on the results of any program conducted
under this section, together with any recommendations as
the Secretary determines appropriate.
SEC. 221. STATE-TO-STATE NOTIFICATION OF VIOLATIONS
DATA.
(a) DEVELOPMENT.—In cooperation with the States,
the Secretary shall develop a uniform system to support
the electronic transmission of data State-to-State on con-
victions for all motor vehicle traffic control law violations
by individuals possessing a commercial drivers’ licenses as
required by paragraphs (9) and (19) of section 31311(a)
of title 49, United States Code.
(b) STATUS REPORT.—Not later than 2 years after
the date of the enactment of this Act, the Secretary shall
transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Rep-
resentatives a report on the status of the implementation
of this section.
SEC. 222. MINIMUM AND MAXIMUM ASSESSMENTS.
(a) IN GENERAL.—The Secretary of Transportation
should ensure that motor carriers operate safely by impos-
ing civil penalties at a level calculated to ensure prompt
and sustained compliance with Federal motor carrier safe-
ty and commercial driver’s license laws.
(b) ESTABLISHMENT.—The Secretary—
(1) should establish and assess minimum civil
penalties for each violation of a law referred to in
subsection (a); and