Union Calendar No. 194
106TH CONGRESS
1ST SESSION
H. R. 2679
[Report No. 106–333]
A BILL
To amend title 49, United States Code, to establish
the National Motor Carrier Administration in the
Department of Transportation, to improve the
safety of commercial motor vehicle operators and
carriers, to strengthen commercial driver’s li-
censes, and for other purposes.
SEPTEMBER 24, 1999
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
IB
Union Calendar No. 194
106TH CONGRESS
1ST SESSION
H. R. 2679
[Report No. 106–333]
To amend title 49, United States Code, to establish the National Motor
Carrier Administration in the Department of Transportation, to improve
the safety of commercial motor vehicle operators and carriers, to
strengthen commercial driver’s licenses, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 3, 1999
Mr. SHUSTER (for himself, Mr. OBERSTAR, Mr. PETRI, and Mr. RAHALL) in-
troduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
SEPTEMBER 24, 1999
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
A BILL
To amend title 49, United States Code, to establish the
National Motor Carrier Administration in the Depart-
ment of Transportation, to improve the safety of com-
mercial motor vehicle operators and carriers, to strength-
en commercial driver’s licenses, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Motor Carrier Safety Act of 1999’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
TITLE I—NATIONAL MOTOR CARRIER ADMINISTRATION
Sec. 101. Establishment of National Motor Carrier Administration.
Sec. 102. Motor carrier safety strategy.
Sec. 103. Revenue aligned budget authority.
Sec. 104. Additional funding for motor carrier safety grant program.
Sec. 105. Motor carrier safety advisory committee.
Sec. 106. Effective date.
TITLE II—COMMERCIAL MOTOR VEHICLE AND DRIVER SAFETY
Sec. 201. Disqualifications.
Sec. 202. CDL school bus endorsement.
Sec. 203. Requirements for State participation.
Sec. 204. State noncompliance.
Sec. 205. 24-hour staffing of telephone hotline.
Sec. 206. Checks before issuance of driver’s licenses.
Sec. 207. Border staffing standards.
Sec. 208. Minimum and maximum assessments.
Sec. 209. Study of commercial motor vehicle crash causation and data improve-
ment.
SEC. 2. 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 too low
and the number and size of civil penalties for viola-
tors must be sufficient to establish a credible deter-
rent to future violations.
(3) The Department of Transportation takes
too long to complete statutorily mandated rule-
making proceedings on motor carrier safety and, in
some significant safety rulemaking proceedings, in-
cluding driver hours-of-service regulations, extensive
periods have elapsed without progress toward resolu-
tion 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.
(5) There needs to be a substantial increase in
appropriate facilities and personnel in international
border areas to ensure that commercial motor vehi-
cles, drivers, and carriers comply with United States
safety standards.
(6) The Department should rigorously avoid
conflicts of interest in research awards in Federally
funded research.
(7) Unless meaningful measures to improve
safety are implemented expeditiously, projected in-
creases in vehicle-miles traveled will raise the num-
ber of crashes, injuries, and fatalities even higher.
(8) Wisely used additional funding and per-
sonnel are essential to the Department’s ability to
improve its research, rulemaking, oversight, and en-
forcement activities related to commercial motor ve-
hicles, operators, and carriers.
SEC. 3. PURPOSES.
The purposes of this Act are—
(1) to improve the administration of the Fed-
eral motor carrier safety program and to establish a
National Motor Carrier Administration in the De-
partment 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
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—NATIONAL MOTOR
CARRIER ADMINISTRATION
SEC. 101. ESTABLISHMENT OF NATIONAL MOTOR CARRIER
ADMINISTRATION.
(a) IN GENERAL.—Chapter 1 of title 49, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 113. National Motor Carrier Administration
‘‘(a) IN GENERAL.—The National Motor Carrier Ad-
ministration shall be an administration of the Department
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
Senate. The Administrator shall report directly to the Sec-
retary 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 National Motor Carrier Adminis-
trator appointed in the competitive service by the Sec-
retary, with the approval of the President. The Assistant
Administrator shall be the Chief Safety Officer of the Ad-
ministration. The Assistant Administrator shall carry out
the duties and powers prescribed by the Administrator.
‘‘(f) REGULATORY OMBUDSMAN.—The Administra-
tion shall have a Regulatory Ombudsman appointed by the
Administrator. The Secretary and the Administrator shall
each delegate to the Ombudsman such authority as may
be necessary for the Ombudsman to expedite rulemaking
proceedings to comply with statutory and internal depart-
mental deadlines, including authority to—
‘‘(1) make decisions to resolve disagreements
between officials in the Administration who are par-
ticipating in a rulemaking process; and
‘‘(2) ensure that sufficient staff are assigned to
rulemaking projects to meet all deadlines.
‘‘(g) OFFICES
OF PASSENGER VEHICLE SAFETY,
CONSUMER AFFAIRS, AND INTERNATIONAL AFFAIRS.—
The Administration shall have an Office of Passenger Ve-
hicle Safety, an Office of Consumer Affairs, and an Office
of International Affairs.
‘‘(h) 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, and 315; and
‘‘(2) additional duties and powers prescribed by
the Secretary.
‘‘(i) LIMITATION ON TRANSFER OF POWERS AND DU-
TIES.—A duty or power specified in subsection (h)(1) may
only be transferred to another part of the Department
when specifically provided by law.
‘‘(j) EFFECT OF CERTAIN DECISIONS.—A decision of
the Administrator involving a duty or power specified in
subsection (h)(1) and involving notice and hearing re-
quired by law is administratively final.
‘‘(k) 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-
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 one 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 National Motor
Carrier Administration.’’.
(c) CONFORMING AMENDMENTS.—
(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. National Motor Carrier 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 National Motor Carrier
Administration.’’.
(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 National Motor
Carrier Administration.
‘‘Assistant National Motor Carrier Adminis-
trator.’’.
(e) CONFLICTS OF INTEREST.—
(1) 
COMPLIANCE
WITH
REGULATION.—In
awarding any contract for research, the National
Motor Carrier Administrator shall comply with sec-
tion 1252.209–70 of title 48, Code of Federal Regu-
lations, as in effect on the date of enactment of this
section. The Administrator shall require that the
text of such section be included in any request for
proposal and contract for research made by the Ad-
ministrator.
(2) STUDY.—
(A) IN
GENERAL.—The Administrator
shall conduct a study to determine whether or
not compliance with the section referred to in
paragraph (1) is sufficient to avoid real or per-
ceived conflicts of interest in contracts for re-
search awarded by the Administrator and to
evaluate whether or not compliance with such
section unreasonably delays or burdens the
awarding of such contracts.
(B) CONSULTATION.—In conducting the
study under this paragraph, the Administrator
shall consult, as appropriate, with the Inspector
General of the Department of Transportation,
the Comptroller General, the heads of other
Federal agencies, research organizations, indus-
try representatives, employee organizations,
safety organizations, and other entities.
(C) REPORT.—Not later than 18 months
after the date of enactment of this Act, the Ad-
ministrator shall submit to Congress a report
on the results of the study conducted under this
paragraph.
SEC. 102. MOTOR CARRIER SAFETY STRATEGY.
(a) SAFETY GOALS.—In conjunction with existing
strategic planning efforts, the Secretary of Transportation
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.
(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.
(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.
(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.—
(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 National Motor
Carrier Administrator.
(B) The Administrator and the Deputy
National Motor Carrier Administrator.
(C) The Administrator and the Chief Safe-
ty Officer of the National Motor Carrier Ad-
ministration.
(D) The Administrator and the Regulatory
Ombudsman of the Administration.
(2) GOALS.—
(A) IN GENERAL.—Each annual perform-
ance agreement shall set forth measurable orga-
nization and individual goals for each lower
ranking official referred to in paragraph (1).
(B) ADMINISTRATOR, DEPUTY
ADMINIS-
TRATOR, AND
CHIEF
SAFETY
OFFICER.—The
performance agreements entered into under
paragraphs (1)(A), (1)(B), and (1)(C) shall in-
clude the numeric or measurable goals of sub-
section (b).
(C) REGULATORY OMBUDSMAN.—The per-
formance agreement entered into under para-
graph (1)(D) shall include goals in key oper-
ational areas, including promptly completing
rulemaking proceedings and complying with
statutory and internal departmental deadlines.
(3) PROGRESS
ASSESSMENT.—No less fre-
quently than semiannually, the Secretary shall as-
sess the progress of each lower ranking official re-
ferred to in paragraph (1) toward achieving the
goals in his or her performance agreement. The Sec-
retary shall convey the assessment to such official,
including identification of any deficiencies that
should be remediated before the next progress as-
sessment.
(4) 
REVIEW
AND
RENEGOTIATION.—Each
agreement entered into under paragraph (1) shall be
subject to review and renegotiation on an annual
basis.
(5) PERFORMANCE DIVIDENDS.—
(A) GENERAL AUTHORITY.—The Secretary
may award to the Administrator, and the Ad-
ministrator may award to each of the Deputy
Administrator, Chief Safety Officer, and Regu-
latory Ombudsman, an annual performance div-
idend of not to exceed $15,000.
(B) CRITERIA FOR AWARD.—If the Sec-
retary finds that the Administrator has, and if
the Administrator finds that one or more of the
Deputy Administrator, Chief Safety Officer,
and Regulatory Ombudsman have, made sub-
stantial progress toward meeting the goals of
his or her performance agreement, the Sec-
retary or Administrator, as the case may be,
may award a performance dividend under this
paragraph commensurate with such progress.
(C) LIMITATION.—Notwithstanding sub-
paragraph (A), no performance dividend may be
awarded to an official under this paragraph
until the Administrator has submitted to the
Office of Management and Budget regulations
issued, after the date of enactment of this Act,
to implement the safety fitness requirements of
section 31144 of title 49, United States Code.
The Secretary may waive the applicability of
the preceding sentence (i) upon a finding of ex-
traordinary circumstances, or (ii) for an official
who has served in his or her position for less
than 365 days.
(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) BONUS
DISTRIBUTION.—In conjunction
with the existing performance appraisal process, the
Secretary and the Administrator shall award bo-
nuses to all employees and officials of the Adminis-
tration (other than officials to which subsection (d)
applies) if the Secretary and the Administrator de-
termine that the performance of the Administration
merits the awarding of such bonuses. The Secretary
and the Administrator shall determine the size of bo-
nuses to be awarded under this paragraph based
solely on the performance of the Administration in
its entirety and not on the performance of any indi-
vidual employee or official.
(f) MISCELLANEOUS PROVISIONS.—
(1) 
FUNDING.—The 
Secretary 
may 
use
amounts deducted under section 104(a)(1)(B) of
title 23, United States Code, to make awards of per-
formance dividends and bonuses under this section.
(2) RELATIONSHIP TO OTHER LAWS.—The au-
thority to award performance dividends and bonuses
under this section shall be in addition to any author-
ity providing for bonuses or other incentives under
title 5, United States Code.
(g) REPORT TO CONGRESS.—The Secretary shall re-
port annually to Congress the contents of each perform-
ance agreement entered into under subsection (d), the offi-
cial’s performance relative to the goals of the performance
agreement, and the performance dividends awarded or not
awarded based on the performance of the official. In addi-
tion, 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 sub-
section (a) and the bonuses awarded or not awarded based
on the performance of the Administration. The fiscal year
2002 annual report shall include an assessment of the ef-
fectiveness of the performance dividends and agencywide
bonuses in improving the Administration’s performance.
SEC. 103. 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—
(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. 104. ADDITIONAL FUNDING FOR MOTOR CARRIER
SAFETY GRANT PROGRAM.
(a) IN GENERAL.—There shall be available out of the
Highway Trust Fund (other than the Mass Transit Ac-
count) for the Secretary of Transportation to incur obliga-
tions to carry out section 31102 of title 49, United States
Code, $75,000,000 for each of fiscal years 2000 through
2003.
(b) TREATMENT.—Amounts made available by sub-
section (a) of this section shall be treated for purposes
of section 31104 of title 49, United States Code, as being
made available by subsection (a) of such section and shall
be in addition to amounts made available by subsection
(a) of such section and shall be subject to an obligation
limitation separate from any obligation limitation applica-
ble to funds made available by such section.
(c) 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—
‘‘(1) for fiscal year 2000 shall be increased by
$55,000,000; and
‘‘(2) 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)—
‘‘(1) for fiscal year 2000 shall be reduced by
$55,000,000; and
‘‘(2) for each of fiscal years 2001 through 2003
shall be reduced by $65,000,000.’’.
(d) MAINTENANCE OF EFFORT.—The Secretary may
not make, from funds made available by this section (in-
cluding any amendment made by this section), a grant to
a State unless the State first enters into a binding agree-
ment with the Secretary that provides that the total ex-
penditures of amounts of the State and its political sub-
divisions (not including amounts of the United States) for
the development or implementation of programs for im-
proving 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 level of such expenditures for fiscal year 1999.
(e) STATE
COMPLIANCE
WITH
CDL REQUIRE-
MENTS.—
(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 this section (including any amendment 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
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. 105. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish in the National Motor Carrier Ad-
ministration a motor carrier safety advisory committee to
advise, consult with, and make recommendations to the
National Motor Carrier Administrator on matters relating
to activities and functions of the Administration.
(b) COMPOSITION.—The advisory committee shall be
composed of representatives of the motor carrier industry,
drivers and manufacturers of commercial motor vehicles,
employee and safety organizations, enforcement agencies,
insurance industry, and the public.
(c) TERMINATION DATE.—The advisory committee
shall remain in effect until September 30, 2003.
SEC. 106. EFFECTIVE DATE.
(a) IN GENERAL.—This title shall take effect on the
date of enactment of this Act; except that the amendments
made by section 101 shall take effect on October 1, 2000.
(b) IMPLEMENTATION.—
(1) AUTHORITY
OF
SECRETARY.—The Sec-
retary of Transportation may take such action as
may be necessary before October 1, 2000, to ensure
the orderly transfer of duties and powers related to
motor carrier safety, and employees carrying out
such duties and powers, from the Federal Highway
Administration to the National Motor Carrier Ad-
ministration.
(2) BUDGET
SUBMISSIONS.—The President’s
budget submission for fiscal year 2001 and each fis-
cal year thereafter shall reflect the establishment of
the National Motor Carrier Administration in ac-
cordance 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
‘‘(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’’
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
AND
NON-
COMMERCIAL 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
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.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall issue regulations providing
for the disqualification by the Secretary from operating
a commercial motor vehicle of an individual who holds a
commercial driver’s license and who has been convicted of
serious offenses involving a motor vehicle other than a
commercial motor vehicle. Such regulations shall establish
the offenses and minimum periods for which such disquali-
fications shall be in effect, but in no case shall the types
of disqualifying noncommercial motor vehicle offenses or
the time periods for disqualification for noncommercial
motor vehicle violations be more stringent than those for
offenses or violations involving a commercial motor vehi-
cle. The Secretary shall determine such periods based on
the seriousness of the offenses on which the convictions
are based.’’; and
(3) in subsection (h) (as redesignated by para-
graph (1) of this subsection) by striking ‘‘(b)–(e)’’
each place it appears and inserting ‘‘(b) through
(g)’’.
(c) 
SERIOUS
TRAFFIC
VIOLATIONS.—Section
31301(12) of such title is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (C);
(2) by redesignating subparagraph (D) as sub-
paragraph (G); and
(3) by inserting after subparagraph (C) the fol-
lowing:
‘‘(D) driving a commercial motor vehicle when
the individual has not obtained a commercial driver’s
license;
‘‘(E) driving a commercial motor vehicle when
the individual does not have in his or her possession
a commercial driver’s license unless the individual
provides, by the date that the individual must ap-
pear in court or pay any fine with respect to the ci-
tation, to the enforcement authority that issued the
citation proof that the individual held a valid com-
mercial driver’s license on the date of the citation;