II
106TH CONGRESS
1ST SESSION
H. R. 3419
IN THE SENATE OF THE UNITED STATES
NOVEMBER 19, 1999
Received
AN ACT
To amend title 49, United States Code, to establish the
Federal Motor Carrier Safety Administration, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Motor Carrier Safety Improvement Act of 1999’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.
Sec. 3. Findings.
Sec. 4. Purposes.
TITLE I—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Sec. 101. Establishment of Federal Motor Carrier Safety Administration.
Sec. 102. Revenue aligned budget authority.
Sec. 103. Additional funding for motor carrier safety grant program.
Sec. 104. Motor carrier safety strategy.
Sec. 105. Commercial motor vehicle safety advisory committee.
Sec. 106. Saving provisions.
Sec. 107. Effective date.
TITLE II—COMMERCIAL MOTOR VEHICLE AND DRIVER SAFETY
Sec. 201. Disqualifications.
Sec. 202. Requirements for State participation.
Sec. 203. State noncompliance.
Sec. 204. Checks before issuance of driver’s licenses.
Sec. 205. Registration enforcement.
Sec. 206. Delinquent payment of penalties.
Sec. 207. State cooperation in registration enforcement.
Sec. 208. Imminent hazard.
Sec. 209. Household goods amendments.
Sec. 210. New motor carrier entrant requirements.
Sec. 211. Certification of safety auditors.
Sec. 212. Commercial van rulemaking.
Sec. 213. 24-hour staffing of telephone hotline.
Sec. 214. CDL school bus endorsement.
Sec. 215. Medical certificate.
Sec. 216. Implementation of Inspector General recommendations.
Sec. 217. Periodic refiling of motor carrier identification reports.
Sec. 218. Border staffing standards.
Sec. 219. Foreign motor carrier penalties and disqualifications.
Sec. 220. Traffic law initiative.
Sec. 221. State-to-State notification of violations data.
Sec. 222. Minimum and maximum assessments.
Sec. 223. Motor carrier safety progress report.
Sec. 224. Study of commercial motor vehicle crash causation.
Sec. 225. Data collection and analysis.
Sec. 226. Drug test results study.
Sec. 227. Approval of agreements.
Sec. 228. DOT authority.
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SEC. 2. SECRETARY DEFINED.
In this Act, the term ‘‘Secretary’’ means the Sec-
retary of Transportation.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) The current rate, number, and severity of
crashes involving motor carriers in the United States
are unacceptable.
(2) The number of Federal and State commer-
cial motor vehicle and operator inspections is insuffi-
cient and civil penalties for violators must be utilized
to deter future violations.
(3) The Department of Transportation is fail-
ing to meet statutorily mandated deadlines for com-
pleting rulemaking proceedings on motor carrier
safety and, in some significant safety rulemaking
proceedings, including driver hours-of-service regula-
tions, extensive periods have elapsed without
progress toward resolution or implementation.
(4) Too few motor carriers undergo compliance
reviews and the Department’s data bases and infor-
mation systems require substantial improvement to
enhance the Department’s ability to target inspec-
tion and enforcement resources toward the most se-
rious safety problems and to improve States’ ability
to keep dangerous drivers off the roads.
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(5) Additional safety inspectors and inspection
facilities are needed in international border areas to
ensure that commercial motor vehicles, drivers, and
carriers comply with United States safety standards.
(6) The Department should rigorously avoid
conflicts of interest in Federally funded research.
(7) Meaningful measures to improve safety
must be implemented expeditiously to prevent in-
creases in motor carrier crashes, injuries, and fatali-
ties.
(8) Proper use of Federal resources is essential
to the Department’s ability to improve its research,
rulemaking, oversight, and enforcement activities re-
lated to commercial motor vehicles, operators, and
carriers.
SEC. 4. PURPOSES.
The purposes of this Act are—
(1) to improve the administration of the Fed-
eral motor carrier safety program and to establish a
Federal Motor Carrier Safety Administration in the
Department of Transportation; and
(2) to reduce the number and severity of large-
truck involved crashes through more commercial
motor vehicle and operator inspections and motor
carrier compliance reviews, stronger enforcement
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measures against violators, expedited completion of
rulemaking proceedings, scientifically sound re-
search, and effective commercial driver’s license test-
ing, recordkeeping and sanctions.
TITLE I—FEDERAL MOTOR CAR-
RIER 
SAFETY 
ADMINISTRA-
TION
SEC. 101. ESTABLISHMENT OF FEDERAL MOTOR CARRIER
SAFETY ADMINISTRATION.
(a) IN GENERAL.—Chapter 1 of title 49, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 113. Federal Motor Carrier Safety Administration
‘‘(a) IN GENERAL.—The Federal Motor Carrier Safe-
ty Administration shall be an administration of the De-
partment of Transportation.
‘‘(b) SAFETY AS HIGHEST PRIORITY.—In carrying
out its duties, the Administration shall consider the as-
signment and maintenance of safety as the highest pri-
ority, recognizing the clear intent, encouragement, and
dedication of Congress to the furtherance of the highest
degree of safety in motor carrier transportation.
‘‘(c) ADMINISTRATOR.—The head of the Administra-
tion shall be the Administrator who shall be appointed by
the President, by and with the advice and consent of the
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Senate, and shall be an individual with professional experi-
ence in motor carrier safety. The Administrator shall re-
port directly to the Secretary of Transportation.
‘‘(d) DEPUTY ADMINISTRATOR.—The Administration
shall have a Deputy Administrator appointed by the Sec-
retary, with the approval of the President. The Deputy
Administrator shall carry out duties and powers pre-
scribed by the Administrator.
‘‘(e) CHIEF SAFETY OFFICER.—The Administration
shall have an Assistant Federal Motor Carrier Safety Ad-
ministrator appointed in the competitive service by the
Secretary, with the approval of the President. The Assist-
ant Administrator shall be the Chief Safety Officer of the
Administration. The Assistant Administrator shall carry
out the duties and powers prescribed by the Adminis-
trator.
‘‘(f) POWERS AND DUTIES.—The Administrator shall
carry out—
‘‘(1) duties and powers related to motor car-
riers or motor carrier safety vested in the Secretary
by chapters 5, 51, 55, 57, 59, 133 through 149,
311, 313, 315, and 317 and by section 18 of the
Noise Control Act of 1972 (42 U.S.C. 4917; 86
Stat. 1249–1250); except as otherwise delegated by
the Secretary to any agency of the Department of
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Transportation other than the Federal Highway Ad-
ministration, as of October 8, 1999; and
‘‘(2) additional duties and powers prescribed by
the Secretary.
‘‘(g) LIMITATION ON TRANSFER OF POWERS AND
DUTIES.—A duty or power specified in subsection (f)(1)
may only be transferred to another part of the Depart-
ment when specifically provided by law.
‘‘(h) EFFECT OF CERTAIN DECISIONS.—A decision
of the Administrator involving a duty or power specified
in subsection (f)(1) and involving notice and hearing re-
quired by law is administratively final.
‘‘(i) CONSULTATION.—The Administrator shall con-
sult with the Federal Highway Administrator and with the
National Highway Traffic Safety Administrator on mat-
ters related to highway and motor carrier safety.’’.
(b) ADMINISTRATIVE EXPENSES.—Section 104(a)(1)
of title 23, United States Code, is amended—
(1) in paragraph (1) by redesignating subpara-
graphs (A) and (B) as clauses (i) and (ii), respec-
tively, and by moving the text of such clauses 2 ems
to the right;
(2) in paragraph (1) by striking ‘‘exceed 11⁄2
percent of all sums so made available, as the Sec-
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retary 
determines 
necessary—’’ 
and 
inserting
‘‘exceed—
‘‘(A) 11⁄6 percent of all sums so made
available, as the Secretary determines nec-
essary—’’;
(3) by striking the period at the end of para-
graph (1)(A)(ii) (as redesignated by paragraphs (1)
and (2) of this subsection) and inserting ‘‘; and’’
and the following:
‘‘(B) 1⁄3 of 1 percent of all sums so made
available, as the Secretary determines nec-
essary, to administer the provisions of law to be
financed from appropriations for motor carrier
safety programs and motor carrier safety re-
search.’’; and—
(4) by adding at the end the following:
‘‘(4) LIMITATION ON TRANSFERABILITY.—Un-
less expressly authorized by law, the Secretary may
not transfer any sums deducted under paragraph (1)
to a Federal agency or entity other than the Federal
Highway Administration and the Federal Motor
Carrier Safety Administration.’’.
(c) CONFORMING AMENDMENTS.—
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(1) CHAPTER
ANALYSIS.—The analysis for
chapter 1 of title 49, United States Code, is amend-
ed by adding at the end the following:
‘‘113. Federal Motor Carrier Safety Administration.’’.
(2) FEDERAL
HIGHWAY
ADMINISTRATION.—
Section 104 of title 49, United States Code, is
amended—
(A) in subsection (c)—
(i) by striking the semicolon at the
end of paragraph (1) and inserting ‘‘;
and’’;
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as
paragraph (2);
(B) by striking subsection (d); and
(C) by redesignating subsection (e) as sub-
section (d).
(d) POSITIONS IN EXECUTIVE SERVICE.—
(1) ADMINISTRATOR.—Section 5314 of title 5,
United States Code, is amended by inserting after
‘‘Administrator of the National Highway Traf-
fic Safety Administration.’’
the following:
‘‘Administrator of the Federal Motor Carrier
Safety Administration.’’.
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(2) DEPUTY
AND
ASSISTANT
ADMINISTRA-
TORS.—Section 5316 of title 5, United States Code,
is amended by inserting after
‘‘Deputy Administrator of the National High-
way Traffic Safety Administration.’’
the following:
‘‘Deputy Administrator of the Federal Motor
Carrier Safety Administration.
‘‘Assistant Federal Motor Carrier Safety Ad-
ministrator.’’.
(e) PERSONNEL LEVELS.—The number of personnel
positions at the Office of Motor Carrier Safety (and, be-
ginning on January 1, 2000, the Federal Motor Carrier
Safety Administration) at its headquarters location in fis-
cal year 2000 shall not be increased above the level trans-
ferred from the Federal Highway Administration to the
Office of Motor Carrier Safety. The Secretary shall pro-
vide detailed justifications to the Committee on Com-
merce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives for the personnel requested for
fiscal years 2001, 2002, and 2003 for the Federal Motor
Carrier Safety Administration when the President submits
his budget, including a justification for increasing per-
sonnel at headquarters above the levels so transferred.
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(f) AUTHORITY TO PROMULGATE SAFETY STAND-
ARDS FOR RETROFITTING.—The authority under title 49,
United States Code, to promulgate safety standards for
commercial motor vehicles and equipment subsequent to
initial manufacture is vested in the Secretary and may be
delegated.
(g) CONFLICTS OF INTEREST.—
(1) 
COMPLIANCE
WITH
REGULATION.—In
awarding any contract for research, the Secretary
shall comply with section 1252.209–70 of title 48,
Code of Federal Regulations, as in effect on the date
of the enactment of this section. The Secretary shall
require that the text of such section be included in
any request for proposal and contract for research
made by the Secretary.
(2) STUDY.—
(A) IN
GENERAL.—The Secretary shall
conduct a study to determine whether or not
compliance with the section referred to in para-
graph (1) is sufficient to avoid conflicts of in-
terest in contracts for research awarded by the
Secretary and to evaluate whether or not com-
pliance with such section unreasonably delays
or burdens the awarding of such contracts.
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(B) CONSULTATION.—In conducting the
study under this paragraph, the Secretary shall
consult, as appropriate, with the Inspector Gen-
eral of the Department of Transportation, the
Comptroller General, the heads of other Federal
agencies, research organizations, industry rep-
resentatives, employee organizations, safety or-
ganizations, and other entities.
(C) REPORT.—Not later than 18 months
after the date of the enactment of this Act, the
Secretary shall transmit the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Transportation
and Infrastructure of the House of Representa-
tives a report on the results of the study con-
ducted under this paragraph.
SEC. 102. REVENUE ALIGNED BUDGET AUTHORITY.
(a) IN GENERAL.—Chapter 1 of title 23, United
States Code, is amended—
(1) by redesignating the first section 110, relat-
ing to uniform transferability of Federal-aid highway
funds, as section 126 and moving and inserting such
section after section 125 of such chapter; and
(2) in the remaining section 110, relating to
revenue aligned budget authority—
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(A) in subsection (a)(2) by inserting ‘‘and
the motor carrier safety grant program’’ after
‘‘relief)’’; and
(B) in subsection (b)(1)(A)—
(i) by inserting ‘‘and the motor carrier
safety grant program’’ after ‘‘program)’’;
(ii) by striking ‘‘title and’’ and insert-
ing ‘‘title,’’; and
(iii) by inserting ‘‘, and subchapter I
of chapter 311 of title 49’’ after ‘‘21st
Century’’.
(b) CONFORMING AMENDMENT.—The analysis for
such chapter is amended—
(1) by striking
‘‘110. Uniform transferability of Federal-aid highway funds.’’;
(2) by inserting after the item relating to sec-
tion 125 the following:
‘‘126. Uniform transferability of Federal-aid highway funds.’’;
and
(3) in the item relating to section 163 by strik-
ing ‘‘Sec.’’.
SEC. 103. ADDITIONAL FUNDING FOR MOTOR CARRIER
SAFETY GRANT PROGRAM.
(a) IN GENERAL.—There are authorized to be appro-
priated out of the Highway Trust Fund (other than the
Mass Transit Account) for the Secretary of Transpor-
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tation to carry out section 31102 of title 49, United States
Code, $75,000,000 for each of fiscal years 2001 through
2003.
(b) INCREASED AUTHORIZATIONS FOR MOTOR CAR-
RIER SAFETY GRANTS.—
(1) IN GENERAL.—Section 4003 of the Trans-
portation Equity Act for the 21st Century (112
Stat. 395–398) is amended by adding at the end the
following:
‘‘(i) INCREASED AUTHORIZATIONS FOR MOTOR CAR-
RIER SAFETY GRANTS.—The amount made available to
incur obligations to carry out section 31102 of title 49,
United States Code, by section 31104(a) of such title for
each of fiscal years 2001 through 2003 shall be increased
by $65,000,000.’’.
(2) CORRESPONDING
REDUCTION
TO
OBLIGA-
TION
CEILING.—Section 1102 of such Act (23
U.S.C. 104 note; 112 Stat. 1115–1118) is amended
by adding at the end the following:
‘‘(j) REDUCTION IN OBLIGATION CEILING.—The lim-
itation on obligations imposed by subsection (a) for each
of fiscal years 2001 through 2003 shall be reduced by
$65,000,000.’’.
(c) MAINTENANCE OF EFFORT.—The Secretary may
not make, from funds made available by or under this sec-
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tion (including any amendment made by this section), a
grant to a State unless the State first enters into a bind-
ing agreement with the Secretary that provides that the
total expenditures of amounts of the State and its political
subdivisions (not including amounts of the United States)
for the development or implementation of programs for
improving motor carrier safety and enforcement of regula-
tions, standards, and orders of the United States on com-
mercial motor vehicle safety, hazardous materials trans-
portation safety, and compatible State regulations, stand-
ards, and orders will be maintained at a level at least equal
to the average level of such expenditures for fiscal years
1997, 1998, and 1999.
(d) EMERGENCY CDL GRANTS.—Section 31107 of
title 49, United States Code, is amended by adding at the
end the following:
‘‘(c) EMERGENCY CDL GRANTS.—From amounts
made available by subsection (a) for a fiscal year, the Sec-
retary of Transportation may make a grant of up to
$1,000,000 to a State whose commercial driver’s license
program may fail to meet the compliance requirements of
section 31311(a).’’.
(e) STATE
COMPLIANCE
WITH
CDL REQUIRE-
MENTS.—
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(1) WITHHOLDING OF ALLOCATION FOR NON-
COMPLIANCE.—If a State is not in substantial com-
pliance with each requirement of section 31311 of
title 49, United States Code, the Secretary shall
withhold all amounts that would be allocated, but for
this paragraph, to the State from funds made avail-
able by or under this section (including any amend-
ment made by this section).
(2) PERIOD
OF
AVAILABILITY
OF
WITHHELD
FUNDS.—Any funds withheld under paragraph (1)
from any State shall remain available until June 30
of the fiscal year for which the funds are authorized
to be appropriated.
(3) ALLOCATION OF WITHHELD FUNDS AFTER
COMPLIANCE.—If, before the last day of the period
for which funds are withheld under paragraph (1)
from allocation are to remain available for allocation
to a State under paragraph (2), the Secretary deter-
mines that the State is in substantial compliance
with each requirement of section 31311 of title 49,
United States Code, the Secretary shall allocate to
the State the withheld funds.
(4) PERIOD
OF
AVAILABILITY
OF
SUBSE-
QUENTLY ALLOCATED FUNDS.—Any funds allocated
pursuant to paragraph (3) shall remain available for
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expenditure until the last day of the first fiscal year
following the fiscal year in which the funds are so
allocated. Sums not expended at the end of such pe-
riod are released to the Secretary for reallocation.
(5) EFFECT OF NONCOMPLIANCE.—If, on June
30 of the fiscal year in which funds are withheld
from allocation under paragraph (1), the State is
not substantially complying with each requirement of
section 31311 of title 49, United States Code, the
funds are released to the Secretary for reallocation.
SEC. 104. MOTOR CARRIER SAFETY STRATEGY.
(a) SAFETY GOALS.—In conjunction with existing
federally required strategic planning efforts, the Secretary
shall develop a long-term strategy for improving commer-
cial motor vehicle, operator, and carrier safety. The strat-
egy shall include an annual plan and schedule for achiev-
ing, at a minimum, the following goals:
(1) Reducing the number and rates of crashes,
injuries, and fatalities involving commercial motor
vehicles.
(2) Improving the consistency and effectiveness
of commercial motor vehicle, operator, and carrier
enforcement and compliance programs.
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(3) Identifying and targeting enforcement ef-
forts at high-risk commercial motor vehicles, opera-
tors, and carriers.
(4) Improving research efforts to enhance and
promote commercial motor vehicle, operator, and
carrier safety and performance.
(b) CONTENTS OF STRATEGY.—
(1) MEASURABLE
GOALS.—The strategy and
annual plans under subsection (a) shall include, at
a minimum, specific numeric or measurable goals
designed to achieve the strategic goals of subsection
(a). The purposes of the numeric or measurable
goals are as follows:
(A) To increase the number of inspections
and compliance reviews to ensure that all high-
risk commercial motor vehicles, operators, and
carriers are examined.
(B) To eliminate, with meaningful safety
measures, the backlog of rulemakings.
(C) To improve the quality and effective-
ness of data bases by ensuring that all States
and inspectors accurately and promptly report
complete safety information.
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(D) To eliminate, with meaningful civil
and criminal penalties for violations, the back-
log of enforcement cases.
(E) To provide for a sufficient number of
Federal and State safety inspectors, and pro-
vide adequate facilities and equipment, at inter-
national border areas.
(2) RESOURCE NEEDS.—In addition, the strat-
egy and annual plans shall include estimates of the
funds and staff resources needed to accomplish each
activity. Such estimates shall also include the staff
skills and training needed for timely and effective
accomplishment of each goal.
(3) SAVINGS CLAUSE.—In developing and as-
sessing progress toward meeting the measurable
goals set forth in this subsection, the Secretary and
the Federal Motor Carrier Safety Administrator
shall not take any action that would impinge on the
due process rights of motor carriers and drivers.
(c) SUBMISSION WITH
THE PRESIDENT’S BUDG-
ET.—Beginning with fiscal year 2001 and each fiscal year
thereafter, the Secretary shall submit to Congress the
strategy and annual plan at the same time as the Presi-
dent’s budget submission.
(d) ANNUAL PERFORMANCE.—
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(1) ANNUAL PERFORMANCE AGREEMENT.—For
each of fiscal years 2001 through 2003, the fol-
lowing officials shall enter into annual performance
agreements:
(A) The Secretary and the Federal Motor
Carrier Safety Administrator.
(B) The Administrator and the Deputy
Federal Motor Carrier Safety Administrator.
(C) The Administrator and the Chief Safe-
ty Officer of the Federal Motor Carrier Safety
Administration.
(D) The Administrator and the regulatory
ombudsman of the Administration designated
by the Administrator under subsection (f).
(2) GOALS.—Each annual performance agree-
ment entered into under paragraph (1) shall include
the appropriate numeric or measurable goals of sub-
section (b).
(3) PROGRESS ASSESSMENT.—Consistent with
the current performance appraisal system of the De-
partment of Transportation, the Secretary shall as-
sess the progress of each official (other than the
Secretary) referred to in paragraph (1) toward
achieving the goals in his or her performance agree-
ment. The Secretary shall convey the assessment to
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such official, including identification of any defi-
ciencies that should be remediated before the next
progress assessment.
(4) ADMINISTRATION.—In deciding whether or
not to award a bonus or other achievement award to
an official of the Administration who is a party to
a performance agreement required by this sub-
section, the Secretary shall give substantial weight
to whether the official has made satisfactory
progress toward meeting the goals of his or her per-
formance agreement.
(e) ACHIEVEMENT OF GOALS.—
(1) PROGRESS
ASSESSMENT.—No less fre-
quently than semiannually, the Secretary and the
Administrator shall assess the progress of the Ad-
ministration toward achieving the strategic goals of
subsection (a). The Secretary and the Administrator
shall convey their assessment to the employees of the
Administration and shall identify any deficiencies
that should be remediated before the next progress
assessment.
(2) REPORT
TO
CONGRESS.—The Secretary
shall report annually to Congress the contents of
each performance agreement entered into under sub-
section (d) and the official’s performance relative to
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the goals of the performance agreement. In addition,
the Secretary shall report to Congress on the per-
formance of the Administration relative to the goals
of the motor carrier safety strategy and annual plan
under subsection (a).
(f) EXPEDITING REGULATORY PROCEEDINGS.—The
Administrator shall designate a regulatory ombudsman to
expedite rulemaking proceedings. The Secretary and the
Administrator shall each delegate to the ombudsman such
authority as may be necessary for the ombudsman to expe-
dite rulemaking proceedings of the Administration to com-
ply with statutory and internal departmental deadlines, in-
cluding authority to—
(1) make decisions to resolve disagreements be-
tween officials in the Administration who are partici-
pating in a rulemaking process; and
(2) ensure that sufficient staff are assigned to
rulemaking projects to meet all deadlines.
SEC. 105. COMMERCIAL MOTOR VEHICLE SAFETY ADVI-
SORY COMMITTEE.
(a) ESTABLISHMENT.—The Secretary may establish
a commercial motor vehicle safety advisory committee to
provide advice and recommendations on a range of motor
carrier safety issues.
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(b) COMPOSITION.—The members of the advisory
committee shall be appointed by the Secretary and shall
include representatives of the motor carrier industry, driv-
ers, safety advocates, manufacturers, safety enforcement
officials, law enforcement agencies of border States, and
other individuals affected by rulemakings under consider-
ation by the Department of Transportation. Representa-
tives of a single interest group may not constitute a major-
ity of the members of the advisory committee.
(c) FUNCTION.—The advisory committee shall pro-
vide advice to the Secretary on commercial motor vehicle
safety regulations and other matters relating to activities
and functions of the Federal Motor Carrier Safety Admin-
istration.
(d) TERMINATION DATE.—The advisory committee
shall remain in effect until September 30, 2003.
SEC. 106. SAVINGS PROVISION.
(a) TRANSFER OF ASSETS AND PERSONNEL.—Ex-
cept as otherwise provided in this Act and the amend-
ments made by this Act, those personnel, property, and
records employed, used, held, available, or to be made
available in connection with a function transferred to the
Federal Motor Carrier Safety Administration by this Act
shall be transferred to the Administration for use in con-
nection with the functions transferred, and unexpended
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balances of appropriations, allocations, and other funds of
the Office of Motor Carrier Safety (including any prede-
cessor entity) shall also be transferred to the Administra-
tion.
(b) LEGAL DOCUMENTS.—All orders, determinations,
rules, regulations, permits, grants, loans, contracts, settle-
ments, agreements, certificates, licenses, and privileges—
(1) that have been issued, made, granted, or al-
lowed to become effective by the Office, any officer
or employee of the Office, or any other Government
official, or by a court of competent jurisdiction, in
the performance of any function that is transferred
by this Act or the amendments made by this Act;
and
(2) that are in effect on the effective date of
such transfer (or become effective after such date
pursuant to their terms as in effect on such effective
date),
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the Administration, any other au-
thorized official, a court of competent jurisdiction, or oper-
ation of law.
(c) PROCEEDINGS.—
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(1) IN GENERAL.—The provisions of this Act
shall not affect any proceedings or any application
for any license pending before the Office at the time
this Act takes effect, insofar as those functions are
transferred by this Act; but such proceedings and
applications, to the extent that they relate to func-
tions so transferred, shall be continued. Orders shall
be issued in such proceedings, appeals shall be taken
therefrom, and payments shall be made pursuant to
such orders, as if this Act had not been enacted; and
orders issued in any such proceedings shall continue
in effect until modified, terminated, superseded, or
revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law.
(2) STATUTORY
CONSTRUCTION.—Nothing in
this subsection shall be deemed to prohibit the dis-
continuance or modification of any proceeding de-
scribed in paragraph (1) under the same terms and
conditions and to the same extent that such pro-
ceeding could have been discontinued or modified if
this Act had not been enacted.
(3) ORDERLY TRANSFER.—The Secretary is au-
thorized to provide for the orderly transfer of pend-
ing proceedings from the Office.
(d) SUITS.—
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(1) IN
GENERAL.—This Act shall not affect
suits commenced before the date of the enactment of
this Act, except as provided in paragraphs (2) and
(3). In all such suits, proceeding shall be had, ap-
peals taken, and judgments rendered in the same
manner and with the same effect as if this Act had
not been enacted.
(2) SUITS BY OR AGAINST OMCS.—Any suit by
or against the Office begun before January 1, 2000,
shall be continued, insofar as it involves a function
retained and transferred under this Act, with the
Administration (to the extent the suit involves func-
tions transferred to the Administration under this
Act) substituted for the Office.
(3) REMANDED CASES.—If the court in a suit
described in paragraph (1) remands a case to the
Administration, subsequent proceedings related to
such case shall proceed in accordance with applicable
law and regulations as in effect at the time of such
subsequent proceedings.
(e) CONTINUANCE
OF
ACTIONS
AGAINST
OFFI-
CERS.—No suit, action, or other proceeding commenced
by or against any officer in his official capacity as an offi-
cer of the Office shall abate by reason of the enactment
of this Act. No cause of action by or against the Office,
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or by or against any officer thereof in his official capacity,
shall abate by reason of enactment of this Act.
(f) EXERCISE OF AUTHORITIES.—Except as other-
wise provided by law, an officer or employee of the Admin-
istration may, for purposes of performing a function
transferred by this Act or the amendments made by this
Act, exercise all authorities under any other provision of
law that were available with respect to the performance
of that function to the official responsible for the perform-
ance of the function immediately before the effective date
of the transfer of the function under this Act or the
amendments made by this Act.
(g) REFERENCES.—Any reference to the Office in
any Federal law, Executive order, rule, regulation, or dele-
gation of authority, or any document of or pertaining to
the Office or an officer or employee of the Office is deemed
to refer to the Administration or a member or employee
of the Administration, as appropriate.
SEC. 107. EFFECTIVE DATE.
(a) IN GENERAL.—This Act shall take effect on the
date of the enactment of this Act; except that the amend-
ments made by section 101 shall take effect on January
1, 2000.
(b) BUDGET SUBMISSIONS.—The President’s budget
submission for fiscal year 2001 and each fiscal year there-
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after shall reflect the establishment of the Federal Motor
Carrier Safety Administration in accordance with this Act.
TITLE II—COMMERCIAL MOTOR
VEHICLE AND DRIVER SAFETY
SEC. 201. DISQUALIFICATIONS.
(a) DRIVING WHILE DISQUALIFIED AND CAUSING A
FATALITY.—
(1) FIRST VIOLATION.—Section 31310(b)(1) of
title 49, United States Code, is amended—
(A) by striking ‘‘or’’ at the end of subpara-
graph (B);
(B) by striking the period at the end of
subparagraph (C) and inserting a semicolon;
and
(C) by adding at the end the following:
‘‘(D) committing a first violation of driving a
commercial motor vehicle when the individual’s com-
mercial driver’s license is revoked, suspended, or
canceled based on the individual’s operation of a
commercial motor vehicle or when the individual is
disqualified from operating a commercial motor vehi-
cle based on the individual’s operation of a commer-
cial motor vehicle; or
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‘‘(E) convicted of causing a fatality through
negligent or criminal operation of a commercial
motor vehicle.’’.
(2) SECOND AND MULTIPLE VIOLATIONS.—Sec-
tion 31310(c)(1) of such title is amended—
(A) by striking ‘‘or’’ at the end of subpara-
graph (C);
(B) by redesignating subparagraph (D) as
subparagraph (F);
(C) by inserting after subparagraph (C)
the following:
‘‘(D) committing more than one violation of
driving a commercial motor vehicle when the individ-
ual’s commercial driver’s license is revoked, sus-
pended, or canceled based on the individual’s oper-
ation of a commercial motor vehicle or when the in-
dividual is disqualified from operating a commercial
motor vehicle based on the individual’s operation of
a commercial motor vehicle;
‘‘(E) convicted of more than one offense of
causing a fatality through negligent or criminal op-
eration of a commercial motor vehicle; or’’; and
(D) in subparagraph (F) (as redesignated
by subparagraph (B) of this paragraph) by
striking ‘‘clauses (A)–(C) of this paragraph’’
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and inserting ‘‘subparagraphs (A) through
(E)’’.
(3) 
CONFORMING
AMENDMENT.—Section
31301(12)(C) of such title is amended by inserting
‘‘, other than a violation to which section
31310(b)(1)(E) or 31310(c)(1)(E) applies’’ after ‘‘a
fatality’’.
(b) EMERGENCY DISQUALIFICATION; NONCOMMER-
CIAL MOTOR VEHICLE CONVICTIONS.—Section 31310 of
such title is amended—
(1) by redesignating subsections (f), (g), and
(h) as subsections (h), (i), and (j), respectively;
(2) by inserting after subsection (e) the fol-
lowing:
‘‘(f) EMERGENCY DISQUALIFICATION.—
‘‘(1) LIMITED DURATION.—The Secretary shall
disqualify an individual from operating a commercial
motor vehicle for not to exceed 30 days if the Sec-
retary determines that allowing the individual to
continue to operate a commercial motor vehicle
would create an imminent hazard (as such term is
defined in section 5102).
‘‘(2) AFTER NOTICE AND HEARING.—The Sec-
retary shall disqualify an individual from operating
a commercial motor vehicle for more than 30 days
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if the Secretary determines, after notice and an op-
portunity for a hearing, that allowing the individual
to continue to operate a commercial motor vehicle
would create an imminent hazard (as such term is
defined in section 5102).
‘‘(g) NONCOMMERCIAL MOTOR VEHICLE CONVIC-
TIONS.—
‘‘(1) ISSUANCE
OF
REGULATIONS.—Not later
than 1 year after the date of the enactment of this
Act, the Secretary shall issue regulations providing
for the disqualification by the Secretary from oper-
ating a commercial motor vehicle of an individual
who holds a commercial driver’s license and who has
been convicted of—
‘‘(A) a serious offense involving a motor
vehicle (other than a commercial motor vehicle)
that has resulted in the revocation, cancellation,
or suspension of the individual’s license; or
‘‘(B) a drug or alcohol related offense in-
volving a motor vehicle (other than a commer-
cial motor vehicle).
‘‘(2) REQUIREMENTS FOR REGULATIONS.—Reg-
ulations issued under under paragraph (1) shall es-
tablish the minimum periods for which the disquali-
fications shall be in effect, but in no case shall the
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(1) by striking ‘‘(10)’’ and inserting ‘‘(10)(A);
and
(2) by adding at the end the following:
‘‘(B) The State may not issue a special license
or permit (including a provisional or temporary li-
cense) to an individual who holds a commercial driv-
er’s license that permits the individual to drive a
commercial motor vehicle during a period in which—
‘‘(i) the individual is disqualified from op-
erating a commercial motor vehicle; or
‘‘(ii) the individual’s driver’s license is re-
voked, suspended, or canceled.’’.
(e) PENALTIES.—Section 31311(a)(13) of such title
is amended—
(1) by inserting ‘‘consistent with this chapter
that’’ after ‘‘penalties’’; and
(2) by striking ‘‘vehicle’’ the first place it ap-
pears and all that follows through the period at the
end and inserting ‘‘vehicle.’’.
(f) RECORDS OF VIOLATIONS.—Section 31311(a) of
such title is amended by adding at the end the following:
‘‘(18) The State shall maintain, as part of its
driver information system, a record of each violation
of a State or local motor vehicle traffic control law
while operating a motor vehicle (except a parking
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violation) for each individual who holds a commercial
driver’s license. The record shall be available upon
request to the individual, the Secretary, employers,
prospective employers, State licensing and law en-
forcement agencies, and their authorized agents.’’.
(g) MASKING.—Section 31311(a) of such title is fur-
ther amended by adding at the end the following:
‘‘(19) The State shall—
‘‘(A) record in the driving record of an in-
dividual who has a commercial driver’s license
issued by the State; and
‘‘(B) make available to all authorized per-
sons and governmental entities having access to
such record,
all information the State receives under paragraph
(9) with respect to the individual and every violation
by the individual involving a motor vehicle (including
a commercial motor vehicle) of a State or local law
on traffic control (except a parking violation), not
later than 10 days after the date of receipt of such
information or the date of such violation, as the case
may be. The State may not allow information re-
garding such violations to be withheld or masked in
any way from the record of an individual possessing
a commercial driver’s license.’’.
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(h) NONCOMMERCIAL
MOTOR
VEHICLE
CONVIC-
TIONS.—Section 31311(a) of such title is further amended
by adding at the end the following:
‘‘(20) The State shall revoke, suspend, or can-
cel the commercial driver’s license of an individual in
accordance with regulations issued by the Secretary
to carry out section 31310(g).’’.
SEC. 203. STATE NONCOMPLIANCE.
(a) IN GENERAL.—Chapter 313 of title 49, United
States Code, is amended by inserting after section 31311
the following:
‘‘§ 31312. Decertification authority
‘‘(a) IN GENERAL.—If the Secretary of Transpor-
tation determines that a State is in substantial noncompli-
ance with this chapter, the Secretary shall issue an order
to—
‘‘(1) prohibit that State from carrying out li-
censing procedures under this chapter; and
‘‘(2) prohibit that State from issuing any com-
mercial driver’s licenses until such time the Sec-
retary determines such State is in substantial com-
pliance with this chapter.
‘‘(b) EFFECT ON OTHER STATES.—A State (other
than a State subject to an order under subsection (a)) may
issue a non-resident commercial driver’s license to an indi-
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vidual domiciled in a State that is prohibited from such
activities under subsection (a) if that individual meets all
requirements of this chapter and the nonresident licensing
requirements of the issuing State.
‘‘(c) PREVIOUSLY ISSUED LICENSES.—Nothing in
this section shall be construed as invalidating or otherwise
affecting commercial driver’s licenses issued by a State be-
fore the date of issuance of an order under subsection (a)
with respect to the State.’’.
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 313 of such title is amended by inserting
after the item relating to section 31311 the following:
‘‘31312. Decertification authority.’’.
SEC. 204. CHECKS BEFORE ISSUANCE OF DRIVER’S LI-
CENSES.
Section 30304 of title 49, United States Code, is
amended by adding at the end the following:
‘‘(e) DRIVER RECORD INQUIRY.—Before issuing a
motor vehicle operator’s license to an individual or renew-
ing such a license, a State shall request from the Secretary
information from the National Driver Register under sec-
tion 30302 and the commercial driver’s license informa-
tion system under section 31309 on the individual’s driv-
ing record.’’.
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SEC. 205. REGISTRATION ENFORCEMENT.
Section 13902 of title 49, United States Code, is
amended—
(1) by redesignating subsection (e) as sub-
section (f); and
(2) by inserting after subsection (d) the fol-
lowing:
‘‘(e) PENALTIES FOR FAILURE TO COMPLY WITH
REGISTRATION REQUIREMENTS.—In addition to other
penalties available under law, motor carriers that fail to
register their operations as required by this section or that
operate beyond the scope of their registrations may be
subject to the following penalties:
‘‘(1) OUT-OF-SERVICE
ORDERS.—If, upon in-
spection or investigation, the Secretary determines
that a motor vehicle providing transportation requir-
ing registration under this section is operating with-
out a registration or beyond the scope of its registra-
tion, the Secretary may order the vehicle out-of-serv-
ice. Subsequent to the issuance of the out-of-service
order, the Secretary shall provide an opportunity for
review in accordance with section 554 of title 5; ex-
cept that such review shall occur not later than 10
days after issuance of such order.
‘‘(2) PERMISSION FOR OPERATIONS.—A person
domiciled in a country contiguous to the United
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States with respect to which an action under sub-
section (c)(1)(A) or (c)(1)(B) is in effect and pro-
viding transportation for which registration is re-
quired under this section shall maintain evidence of
such registration in the motor vehicle when the per-
son is providing the transportation. The Secretary
shall not permit the operation in interstate com-
merce in the United States of any motor vehicle in
which there is not a copy of the registration issued
pursuant to this section.’’.
SEC. 206. DELINQUENT PAYMENT OF PENALTIES.
(a) 
REVOCATION
OF
REGISTRATION.—Section
13905(c) of title 49, United States Code is amended—
(1) by inserting ‘‘(1) IN GENERAL.—’’ before
‘‘On application’’;
(2) by inserting ‘‘(A)’’ before ‘‘suspend’’;
(3) by striking the period at the end of the sec-
ond sentence and inserting ‘‘; and (B) suspend,
amend, or revoke any part of the registration of a
motor carrier, broker, or freight forwarder (i) for
failure to pay a civil penalty imposed under chapter
5, 51, 149, or 311 of this title, or (ii) for failure to
arrange and abide by an acceptable payment plan
for such civil penalty, within 90 days of the time
specified by order of the Secretary for the payment
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of such penalty. Subparagraph (B) shall not apply
to any person who is unable to pay a civil penalty
because such person is a debtor in a case under
chapter 11 of title 11, United States Code.
‘‘(2) REGULATIONS.—Not later than 12 months
after the date of the enactment of this paragraph,
the Secretary, after notice and opportunity for pub-
lic comment, shall issue regulations to provide for
the suspension, amendment, or revocation of a reg-
istration under this part for failure to pay a civil
penalty as provided in paragraph (1)(B).’’; and
(4) by indenting paragraph (1) (as designated
by paragraph (1) of this section) and aligning such
paragraph with paragraph (2) of such section (as
added by paragraph (3) of this section).
(b) PROHIBITED TRANSPORTATION BY COMMERCIAL
MOTOR VEHICLE OPERATORS.—Section 521(b) of such
title is amended—
(1) by redesignating paragraphs (8) through
(13) as paragraphs (9) through (14), respectively;
and
(2) by inserting after paragraph (7) the fol-
lowing:
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‘‘(8) PROHIBITION ON OPERATION IN INTER-
STATE
COMMERCE
AFTER
NONPAYMENT
OF
PEN-
ALTIES.—
‘‘(A) IN GENERAL.—An owner or operator
of a commercial motor vehicle against whom a
civil penalty is assessed under this chapter or
chapter 51, 149, or 311 of this title and who
does not pay such penalty or fails to arrange
and abide by an acceptable payment plan for
such civil penalty may not operate in interstate
commerce beginning on the 91st day after the
date specified by order of the Secretary for pay-
ment of such penalty. This paragraph shall not
apply to any person who is unable to pay a civil
penalty because such person is a debtor in a
case under chapter 11 of title 11, United States
Code.
‘‘(B) REGULATIONS.—Not later than 12
months after the date of the enactment of this
paragraph, the Secretary, after notice and an
opportunity for public comment, shall issue reg-
ulations setting forth procedures for ordering
commercial motor vehicle owners and operators
delinquent in paying civil penalties to cease op-
erations until payment has been made.’’.
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SEC. 207. STATE COOPERATION IN REGISTRATION EN-
FORCEMENT.
Section 31102(b)(1) of title 49, United States Code,
is amended—
(1) by aligning subparagraph (A) with subpara-
graph (B) of such section; and
(2) by striking subparagraph (R) and inserting
the following:
‘‘(R) ensures that the State will cooperate
in the enforcement of registration requirements
under section 13902 and financial responsibility
requirements under sections 13906, 31138, and
31139 and regulations issued thereunder;’’.
SEC. 208. IMMINENT HAZARD.
Section 521(b)(5)(B) of title 49, United States Code,
is amended by striking ‘‘is likely to result in’’ and insert-
ing ‘‘substantially increases the likelihood of’’.
SEC. 209. HOUSEHOLD GOODS AMENDMENTS.
(a) DEFINITION OF HOUSEHOLD GOODS.—Section
13102(10)(A) of title 49, United States Code, is amended
by striking ‘‘, including’’ and all that follows through
‘‘dwelling,’’ and inserting ‘‘, except such term does not in-
clude property moving from a factory or store, other than
property that the householder has purchased with the in-
tent to use in his or her dwelling and is transported at
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the request of, and the transportation charges are paid
to the carrier by, the householder;’’.
(b) 
ARBITRATION
REQUIREMENTS.—Section
14708(b)(6) of such title is amended by striking ‘‘$1,000’’
each place it appears and inserting ‘‘$5,000’’.
(c) STUDY OF ENFORCEMENT OF CONSUMER PRO-
TECTION RULES IN THE HOUSEHOLD GOODS MOVING IN-
DUSTRY.—The Comptroller General shall conduct a study
of the effectiveness of the Department of Transportation’s
enforcement of household goods consumer protection rules
under title 49, United States Code. The study shall also
include a review of other potential methods of enforcing
such rules, including allowing States to enforce such rules.
SEC. 210. NEW MOTOR CARRIER ENTRANT REQUIREMENTS.
(a) SAFETY REVIEWS.—Section 31144 of title 49,
United States Code, is amended by adding at the end the
following:
‘‘(c) SAFETY REVIEWS OF NEW OPERATORS.—
‘‘(1) IN
GENERAL.—The Secretary shall re-
quire, by regulation, each owner and each operator
granted new operating authority, after the date on
which section 31148(b) is first implemented, to un-
dergo a safety review within the first 18 months
after the owner or operator, as the case may be, be-
gins operations under such authority.
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‘‘(2) ELEMENTS.—In the regulations issued
pursuant to paragraph (1), the Secretary shall es-
tablish the elements of the safety review, including
basic safety management controls. In establishing
such elements, the Secretary shall consider their ef-
fects on small businesses and shall consider estab-
lishing alternate locations where such reviews may
be conducted for the convenience of small busi-
nesses.
‘‘(3) PHASE-IN
OF
REQUIREMENT.—The Sec-
retary shall phase in the requirements of paragraph
(1) in a manner that takes into account the avail-
ability of certified motor carrier safety auditors.
‘‘(4) NEW
ENTRANT
AUTHORITY.—Notwith-
standing any other provision of this title, any new
operating authority granted after the date on which
section 31148(b) is first implemented shall be des-
ignated as new entrant authority until the safety re-
view required by paragraph (1) is completed.’’.
(b) MINIMUM REQUIREMENTS.—The Secretary shall
initiate a rulemaking to establish minimum requirements
for applicant motor carriers, including foreign motor car-
riers, seeking Federal interstate operating authority to en-
sure applicant carriers are knowledgeable about applicable
Federal motor carrier safety standards. As part of that
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rulemaking, the Secretary shall consider the establishment
of a proficiency examination for applicant motor carriers
as well as other requirements to ensure such applicants
understand applicable safety regulations before being
granted operating authority.
SEC. 211. CERTIFICATION OF SAFETY AUDITORS.
(a) IN GENERAL.—Chapter 311 of title 49, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 31148. Certified motor carrier safety auditors
‘‘(a) IN GENERAL.—Not later than 1 year after the
date of the enactment of this section, the Secretary of
Transportation shall complete a rulemaking to improve
training and provide for the certification of motor carrier
safety auditors, including private contractors, to conduct
safety inspection audits and reviews described in sub-
section (b).
‘‘(b) CERTIFIED
INSPECTION
AUDIT
REQUIRE-
MENT.—Not later than 1 year after completion of the rule-
making required by subsection (a), any safety inspection
audit or review required by, or based on the authority of,
this chapter or chapter 5, 313, or 315 of this title and
performed after December 31, 2002, shall be conducted
by—
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‘‘(1) a motor carrier safety auditor certified
under subsection (a); or
‘‘(2) a Federal or State employee who, on the
date of the enactment of this section, was qualified
to perform such an audit or review.
‘‘(c) EXTENSION.—If the Secretary determines that
subsection (b) cannot be implemented within the 1-year
period established by that subsection and notifies the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and In-
frastructure of the House of Representatives of the deter-
mination and the reasons therefor, the Secretary may ex-
tend the deadline for compliance with subsection (b) by
not more than 12 months.
‘‘(d) APPLICATION WITH OTHER AUTHORITY.—The
Secretary may not delegate the Secretary’s authority to
private contractors to issue ratings or operating authority,
and nothing in this section authorizes any private con-
tractor to issue ratings or operating authority.
‘‘(e) OVERSIGHT RESPONSIBILITY.—The Secretary
shall have authority over any motor carrier safety auditor
certified under subsection (a), including the authority to
decertify a motor carrier safety auditor.’’.
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(b) CONFORMING AMENDMENT.—The analysis for
such chapter 311 is amended by adding at the end the
following:
‘‘31148. Certified motor carrier safety auditors.’’.
SEC. 212. COMMERCIAL VAN RULEMAKING.
Not later than 1 year after the date of the enactment
of this Act, the Secretary shall complete Department of
Transportation’s rulemaking, Docket No. FHWA–99–
5710, to amend Federal motor carrier safety regulations
to determine which motor carriers operating commercial
motor vehicles designed or used to transport between 9
and 15 passengers (including the driver) for compensation
shall be covered. At a minimum, the rulemaking shall
apply such regulations to—
(1) commercial vans commonly referred to as
‘‘camionetas’’; and
(2) those commercial vans operating in inter-
state commerce outside commercial zones that have
been determined to pose serious safety risks.
In no case should the rulemaking exempt from such regu-
lations all motor carriers operating commercial vehicles
designed or used to transport between 9 and 15 pas-
sengers (including the driver) for compensation.
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SEC. 213. 24-HOUR STAFFING OF TELEPHONE HOTLINE.
Section 4017 of the Transportation Equity Act for
the 21st Century (49 U.S.C. 31143 note; 112 Stat. 413)
is amended—
(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively;
(2) by inserting after subsection (b) the fol-
lowing:
‘‘(c) STAFFING.—The toll-free telephone system shall
be staffed 24 hours a day 7 days a week by individuals
knowledgeable about Federal motor carrier safety regula-
tions and procedures.’’; and
(3) in subsection (e) (as redesignated by para-
graph (1) of this section)—
(A) by striking ‘‘104(a)’’ and inserting
‘‘104(a)(1)(B)’’; and
(B) by striking ‘‘for each of fiscal years
1999’’ and inserting ‘‘for fiscal year 1999 and
$375,000 for each of fiscal years 2000’’.
SEC. 214. CDL SCHOOL BUS ENDORSEMENT.
The Secretary shall conduct a rulemaking to establish
a special commercial driver’s license endorsement for driv-
ers of school buses. The endorsement shall, at a
minimum—
(1) include a driving skills test in a school bus;
and
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(2) address proper safety procedures for—±
(A) loading and unloading children;
(B) using emergency exits; and
(C) traversing highway rail grade cross-
ings.
SEC. 215. MEDICAL CERTIFICATE.
The Secretary shall initiate a rulemaking to provide
for a Federal medical qualification certificate to be made
a part of commercial driver’s licenses.
SEC. 216. IMPLEMENTATION OF INSPECTOR GENERAL REC-
OMMENDATIONS.
(a) IN GENERAL.—The Secretary shall implement
the safety improvement recommendations provided for in
the Department of Transportation Inspector General’s Re-
port TR–1999–091, except to the extent that such rec-
ommendations are specifically addressed in sections 206,
208, 217, and 222 of this Act, including any amendments
made by such sections.
(b) REPORTS TO CONGRESS.—
(1) REPORTS BY THE SECRETARY.—Not later
than 90 days after the date of the enactment of this
Act, and every 90 days thereafter until each of the
recommendations referred to in subsection (a) has
been implemented, the Secretary shall transmit to
the Committee on Commerce, Science, and Trans-
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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
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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
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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
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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