H. R. 2400—309
(2) MATTERS
TO
BE
TAKEN
INTO
ACCOUNT.—In carrying
out paragraph (1), the Secretary shall take into account—
(A) the degree to which the technology will be cost
efficient;
(B) the degree to which the technology can be effec-
tively used in diverse climatic regions of the Nation; and
(C) the degree to which the application of the tech-
nology will further emissions reductions, energy conserva-
tion, and other transportation goals.
(3) FUNDING.—The Secretary may use amounts made avail-
able under section 5001(a)(2) of this Act.
(b) NONSEDATING MEDICATIONS.—The Secretary shall review
available information on the effects of medications (including anti-
histamines) on driver fatigue, awareness, and performance and
shall consider encouraging, if appropriate, the use of nonsedating
medications (including nonsedating antihistamines) as a means of
reducing the adverse effects of the use of other medications by
drivers.
SEC. 4022. IMPROVED FLOW OF DRIVER HISTORY PILOT PROGRAM.
(a) PILOT PROGRAM.—
(1) IN
GENERAL.—The Secretary shall carry out a pilot
program in cooperation with 1 or more States to improve upon
the timely exchange of pertinent driver performance and safety
records data to motor carriers.
(2) PURPOSE.—The purpose of the program shall be to—
(A) determine to what extent driver performance
records data, including relevant fines, penalties, and fail-
ures to appear for a hearing or trial, should be included
as part of any information systems under the Department
of Transportation’s oversight;
(B) assess the feasibility, costs, safety impact, pricing
impact, and benefits of record exchanges; and
(C) assess methods for the efficient exchange of driver
safety data available from existing State information sys-
tems and sources.
(3) COMPLETION DATE.—The pilot program shall end on
the last day of the 18-month period beginning on the date
of initiation of the pilot program.
(b) RULEMAKING.—After completion of the pilot program, the
Secretary shall initiate, if appropriate, a rulemaking to revise the
information system under section 31309 of title 49, United States
Code, to take into account the results of the pilot program.
SEC. 4023. EMPLOYEE PROTECTIONS.
Not later than 2 years after the date of enactment of this
Act, the Secretary, in conjunction with the Secretary of Labor,
shall report to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the effectiveness
of existing statutory employee protections provided for under section
31105 of title 49, United States Code. The report shall include
recommendations to address any statutory changes necessary to
strengthen the enforcement of such employee protection provisions.
H. R. 2400—310
SEC. 4024. IMPROVED INTERSTATE SCHOOL BUS SAFETY.
Not later than 6 months after the date of enactment of this
Act, the Secretary shall initiate a rulemaking proceeding to deter-
mine whether or not relevant commercial motor carrier safety regu-
lations issued under section 31136 of title 49, United States Code,
should apply to all interstate school transportation operations by
local educational agencies (as defined in section 14101 of the
Elementary and Secondary Education Act of 1965).
SEC. 4025. TRUCK TRAILER CONSPICUITY.
(a) ISSUANCE OF FINAL RULE.—Not later than 1 year after
the date of enactment of this Act, the Secretary shall issue a
final rule regarding the conspicuity of trailers manufactured before
December 1, 1993.
(b) CONSIDERATIONS.—In conducting the rulemaking under sub-
section (a), the Secretary shall consider, at a minimum, the follow-
ing:
(1) The cost-effectiveness of any requirement to retrofit
trailers manufactured before December 1, 1993.
(2) The extent to which motor carriers have voluntarily
taken steps to increase equipment visibility.
(3) Regulatory flexibility to accommodate differing trailer
designs and configurations, such as tank trucks.
SEC. 4026. DOT IMPLEMENTATION PLAN.
(a) ASSESSMENT.—Not later than 18 months after the date
of enactment of this section, the Secretary shall assess the scope
of the problem of shippers, freight forwarders, brokers, consignees,
or other persons (other than rail carriers, motor carriers, motor
carriers of migrant workers, or motor private carriers) encouraging
violations of chapter 5 of title 49, United States Code, or a regula-
tion or order issued by the Secretary under such chapter.
(b) SUBMISSION OF IMPLEMENTATION PLAN.—After completion
of the assessment under subsection (a), the Secretary may submit
to the Congress a plan for implementing authority (if subsequently
provided by law) to investigate and bring civil actions to enforce
chapter 5 of title 49, United States Code, or regulations or orders
issued by the Secretary under such chapter with respect to persons
described in subsection (a).
(c) CONTENTS OF IMPLEMENTATION PLAN.—In developing the
implementation plan under subsection (b), the Secretary shall con-
sider, as appropriate—
(1) in what circumstances the Secretary would exercise
the new authority;
(2) how the Secretary would determine that shippers,
freight forwarders, brokers, consignees, or other persons
committed violations described in subsection (a), including what
types of evidence would be conclusive;
(3) what procedures would be necessary during investiga-
tions to ensure the confidentiality of shipper contract terms
prior to the Secretary’s findings of violations;
(4) what impact the exercise of the new authority would
have on the Secretary’s resources, including whether additional
investigative or legal resources would be necessary and whether
the staff would need specialized education or training to exer-
cise properly such authority;
H. R. 2400—311
(5) to what extent the Secretary would conduct educational
activities for persons who would be subject to the new authority;
and
(6) any other information that would assist the Congress
in determining whether to provide the Secretary the new
authority.
SEC. 4027. STUDY OF ADEQUACY OF PARKING FACILITIES.
(a) STUDY.—The Secretary shall conduct a study to determine
the location and quantity of parking facilities at commercial truck
stops and travel plazas and public rest areas that could be used
by motor carriers to comply with Federal hours of service rules.
The study shall include an inventory of current facilities serving
the National Highway System, analyze where shortages exist or
are projected to exist, and propose a plan to reduce the shortages.
The study may be carried out in cooperation with research entities
representing motor carriers, the travel plaza industry, and commer-
cial motor vehicle drivers.
(b) REPORT.—Not later than the 3 years after the date of
the enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study with any recommendations
the Secretary determines appropriate as a result of the study.
(c) FUNDING.—From amounts set aside under section 104(a)
of title 23, United States Code, for each of fiscal years 1999, 2000,
and 2001, the Secretary may use not to exceed $500,000 per fiscal
year to carry out this section.
SEC. 4028. QUALIFICATIONS OF FOREIGN MOTOR CARRIERS.
(a) REVIEW.—Not later than 90 days after the date of enactment
of this Act, the Secretary shall review—
(1) the qualifications of any foreign motor carrier, the
application for which has not been processed due to the morato-
rium on the granting of authority to foreign carriers to operate
in the United States, to operate as a motor carrier in the
United States; and
(2) the carrier’s likely ability to comply with applicable
laws and regulations of the United States.
(b) USE OF REVIEW.—The review conducted under subsection
(a) shall not constitute a finding by the Secretary under section
13902 of title 49, United States Code, that a motor carrier is
willing and able to comply with requirements of such section. The
results of the review may be used by the Secretary as the Secretary
determines appropriate.
(c) REPORT.—Not later than 120 days after the date of enact-
ment this Act, the Secretary shall submit a report on the results
of the review to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives. The report
shall include—
(1) any findings made by the Secretary under subsection
(a);
(2) information on which carriers have applied to the
Department of Transportation under that section; and
(3) a description of the process utilized to respond to such
applications and to review the safety fitness of those carriers.
H. R. 2400—312
SEC. 4029. FEDERAL MOTOR CARRIER SAFETY INSPECTORS.
The Department of Transportation shall maintain at least the
number of Federal motor carrier safety inspectors for international
border commercial vehicle inspections as in effect on September
30, 1997, or provide for alternative resources and mechanisms to
ensure at least an equivalent level of commercial motor vehicle
safety inspections. Such funds as are necessary to carry out this
section shall be made available within the limitation on general
operating expenses of the Department of Transportation.
SEC. 4030. SCHOOL TRANSPORTATION SAFETY.
(a) STUDY.—Not later than 3 months after the date of enactment
of this Act, the Secretary shall offer to enter into an agreement
with the Transportation Research Board of the National Academy
of Sciences to conduct, subject to the availability of appropriations,
a study of the safety issues attendant to the transportation of
school children to and from school and school-related activities
by various transportation modes.
(b) TERMS OF AGREEMENT.—The agreement under subsection
(a) shall provide that—
(1) the Transportation Research Board, in conducting the
study, shall consider—
(A) in consultation with the National Transportation
Safety Board, the Bureau of Transportation Statistics, and
other relevant entities, available crash injury data;
(B) vehicle design and driver training requirements,
routing, and operational factors that affect safety; and
(C) other factors that the Secretary considers to be
appropriate;
(2) if the data referred to in paragraph (1)(A) is unavailable
or insufficient, the Transportation Research Board shall rec-
ommend a new data collection regimen and implementation
guidelines; and
(3) a panel shall conduct the study and shall include—
(A) representatives of—
(i) highway safety organizations;
(ii) school transportation;
(iii) mass transportation operators;
(iv) employee organizations; and
(v) bicycling organizations;
(B) academic and policy analysts; and
(C) other interested parties.
(c) REPORT.—Not later than 12 months after the Secretary
enters into an agreement under subsection (a), the Secretary shall
transmit to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that con-
tains the results of the study.
(d) AUTHORIZATION.—There are authorized to be appropriated
to the Department of Transportation to carry out this section
$200,000 for fiscal year 2000 and $200,000 for fiscal year 2001.
Such sums shall remain available until expended.
SEC. 4031. DESIGNATION OF NEW MEXICO COMMERCIAL ZONE.
(a) GENERAL RULE.—Notwithstanding the provisions of section
13902(c)(4)(A) of title 49, United States Code, the New Mexico