H. R. 3419—2
SEC. 2. SECRETARY DEFINED.
In this Act, the term ‘‘Secretary’’ means the Secretary 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 commercial motor
vehicle and operator inspections is insufficient and civil pen-
alties for violators must be utilized to deter future violations.
(3) The Department of Transportation is failing to meet
statutorily mandated deadlines for completing rulemaking pro-
ceedings on motor carrier safety and, in some significant safety
rulemaking proceedings, including driver hours-of-service regu-
lations, 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 information systems
require substantial improvement to enhance the Department’s
ability to target inspection and enforcement resources toward
the most serious safety problems and to improve States’ ability
to keep dangerous drivers off the roads.
(5) Additional safety inspectors and inspection facilities
are needed in international border areas to ensure that commer-
cial 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 imple-
mented expeditiously to prevent increases in motor carrier
crashes, injuries, and fatalities.
(8) Proper use of Federal resources is essential to the
Department’s ability to improve its research, rulemaking, over-
sight, and enforcement activities related to commercial motor
vehicles, operators, and carriers.
SEC. 4. PURPOSES.
The purposes of this Act are—
(1) to improve the administration of the Federal 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 measures against violators, expedited
completion of rulemaking proceedings, scientifically sound
research, and effective commercial driver’s license testing,
recordkeeping and sanctions.
H. R. 3419—3
TITLE I—FEDERAL MOTOR CARRIER
SAFETY ADMINISTRATION
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 following:
‘‘§ 113. Federal Motor Carrier Safety Administration
‘‘(a) IN GENERAL.—The Federal Motor Carrier Safety Adminis-
tration shall be an administration of the Department of Transpor-
tation.
‘‘(b) SAFETY AS HIGHEST PRIORITY.—In carrying out its duties,
the Administration shall consider the assignment and maintenance
of safety as the highest priority, 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 Administration shall be
the Administrator who shall be appointed by the President, by
and with the advice and consent of the Senate, and shall be an
individual with professional experience in motor carrier safety. The
Administrator shall report directly to the Secretary of Transpor-
tation.
‘‘(d) DEPUTY ADMINISTRATOR.—The Administration shall have
a Deputy Administrator appointed by the Secretary, with the
approval of the President. The Deputy Administrator shall carry
out duties and powers prescribed by the Administrator.
‘‘(e) CHIEF SAFETY OFFICER.—The Administration shall have
an Assistant Federal Motor Carrier Safety Administrator appointed
in the competitive service by the Secretary, with the approval
of the President. The Assistant 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 carriers 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 Transportation other than
the Federal Highway Administration, as of October 8, 1999;
and
‘‘(2) additional duties and powers prescribed by the Sec-
retary.
‘‘(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 Department when specifically provided by
law.
‘‘(h) EFFECT OF CERTAIN DECISIONS.—A decision of the Adminis-
trator involving a duty or power specified in subsection (f )(1) and
involving notice and hearing required by law is administratively
final.
‘‘(i) CONSULTATION.—The Administrator shall consult with the
Federal Highway Administrator and with the National Highway
H. R. 3419—4
Traffic Safety Administrator on matters 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 subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, 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 Secretary determines nec-
essary—’’ and inserting ‘‘exceed—
‘‘(A) 11⁄6 percent of all sums so made available, as
the Secretary determines necessary—’’;
(3) by striking the period at the end of paragraph (1)(A)(ii)
(as redesignated by paragraphs (1) and (2) of this subsection)
and inserting ‘‘; and’’ and the following:
‘‘(B) one-third of 1 percent of all sums so made avail-
able, as the Secretary determines necessary, to administer
the provisions of law to be financed from appropriations
for motor carrier safety programs and motor carrier safety
research.’’; and
(4) by adding at the end the following:
‘‘(4) LIMITATION
ON
TRANSFERABILITY.—Unless 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 Fed-
eral Motor Carrier Safety Administration.’’.
(c) CONFORMING AMENDMENTS.—
(1) CHAPTER ANALYSIS.—The analysis for chapter 1 of title
49, United States Code, is amended 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 para-
graph (1) and inserting ‘‘; and’’;
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as para-
graph (2);
(B) by striking subsection (d); and
(C) by redesignating subsection (e) as subsection (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 Traffic Safety
Administration.’’
the following:
‘‘Administrator of the Federal Motor Carrier Safety
Administration.’’.
(2) DEPUTY AND ASSISTANT ADMINISTRATORS.—Section 5316
of title 5, United States Code, is amended by inserting after
‘‘Deputy Administrator of the National Highway Traffic
Safety Administration.’’
the following:
‘‘Deputy Administrator of the Federal Motor Carrier Safety
Administration.
‘‘Assistant Federal Motor Carrier Safety Administrator.’’.
H. R. 3419—5
(e) PERSONNEL LEVELS.—The number of personnel positions
at the Office of Motor Carrier Safety (and, beginning on January
1, 2000, the Federal Motor Carrier Safety Administration) at its
headquarters location in fiscal year 2000 shall not be increased
above the level transferred from the Federal Highway Administra-
tion to the Office of Motor Carrier Safety. The Secretary shall
provide detailed justifications to the Committee on Commerce,
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
personnel at headquarters above the levels so transferred.
(f ) AUTHORITY TO PROMULGATE SAFETY STANDARDS FOR RETRO-
FITTING.—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 Sec-
retary and may be delegated.
(g) CONFLICTS OF INTEREST.—
(1) COMPLIANCE WITH REGULATION.—In awarding any con-
tract 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 paragraph (1) is sufficient to avoid conflicts
of interest in contracts for research awarded by the Sec-
retary 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 Secretary shall consult, as appropriate,
with the Inspector General of the Department of Transpor-
tation, the Comptroller General, the heads of other Federal
agencies, research organizations, industry representatives,
employee organizations, safety organizations, and other
entities.
(C) REPORT.—Not later than 18 months after the date
of the enactment of this Act, 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
on the results of the study conducted 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, relating to uni-
form 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—
H. R. 3419—6
(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 inserting ‘‘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 section 125 the
following:
‘‘126. Uniform transferability of Federal-aid highway funds.’’;
and
(3) in the item relating to section 163 by striking ‘‘Sec.’’.
SEC. 103. ADDITIONAL FUNDING FOR MOTOR CARRIER SAFETY GRANT
PROGRAM.
(a) IN GENERAL.—There are authorized to be appropriated out
of the Highway Trust Fund (other than the Mass Transit Account)
for the Secretary of Transportation 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 CARRIER SAFETY
GRANTS.—
(1) IN GENERAL.—Section 4003 of the Transportation Equity
Act for the 21st Century (112 Stat. 395–398) is amended by
adding at the end the following:
‘‘(i) INCREASED AUTHORIZATIONS FOR MOTOR CARRIER 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 OBLIGATION 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 limitation 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 section (including
any amendment made by this section), a grant to a State unless
the State first enters into a binding 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 regulations,
standards, and orders of the United States on commercial motor
vehicle safety, hazardous materials transportation safety, and
compatible State regulations, standards, and orders will be main-
tained at a level at least equal to the average level of such expendi-
tures for fiscal years 1997, 1998, and 1999.
H. R. 3419—7
(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 Secretary 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 require-
ments of section 31311(a).’’.
(e) STATE COMPLIANCE WITH CDL REQUIREMENTS.—
(1) WITHHOLDING OF ALLOCATION FOR NONCOMPLIANCE.—
If a State is not in substantial compliance with each require-
ment 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 available
by or under 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
determines 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 SUBSEQUENTLY 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 period
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 commercial motor vehicle, oper-
ator, and carrier safety. The strategy shall include an annual plan
and schedule for achieving, 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 commer-
cial motor vehicle, operator, and carrier enforcement and
compliance programs.
(3) Identifying and targeting enforcement efforts at high-
risk commercial motor vehicles, operators, and carriers.
(4) Improving research efforts to enhance and promote
commercial motor vehicle, operator, and carrier safety and
performance.
(b) CONTENTS OF STRATEGY.—
H. R. 3419—8
(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 measur-
able goals are as follows:
(A) To increase the number of inspections and compli-
ance 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 effectiveness 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 backlog of enforcement cases.
(E) To provide for a sufficient number of Federal and
State safety inspectors, and provide adequate facilities and
equipment, at international border areas.
(2) RESOURCE NEEDS.—In addition, the strategy 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 assessing progress
toward meeting the measurable goals set forth in this sub-
section, 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 BUDGET.—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 President’s budget submission.
(d) ANNUAL PERFORMANCE.—
(1) ANNUAL PERFORMANCE AGREEMENT.—For each of fiscal
years 2001 through 2003, the following 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 Safety 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 agreement entered
into under paragraph (1) shall include the appropriate numeric
or measurable goals of subsection (b).
(3) PROGRESS ASSESSMENT.—Consistent with the current
performance appraisal system of the Department of Transpor-
tation, the Secretary shall assess the progress of each official
(other than the Secretary) referred to in paragraph (1) toward
achieving the goals in his or her performance agreement. The
Secretary shall convey the assessment to such official, including
identification of any deficiencies that should be remediated
before the next progress assessment.
H. R. 3419—9
(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 subsection, the Secretary shall give substantial
weight to whether the official has made satisfactory progress
toward meeting the goals of his or her performance agreement.
(e) ACHIEVEMENT OF GOALS.—
(1) PROGRESS ASSESSMENT.—No less frequently than semi-
annually, the Secretary and the Administrator shall assess
the progress of the Administration toward achieving the stra-
tegic goals of subsection (a). The Secretary and the Adminis-
trator 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 agree-
ment entered into under subsection (d) and the official’s
performance relative to the goals of the performance agreement.
In addition, the Secretary shall report to Congress on the
performance 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 dele-
gate to the ombudsman such authority as may be necessary for
the ombudsman to expedite rulemaking proceedings of the Adminis-
tration to comply with statutory and internal departmental dead-
lines, including authority to—
(1) make decisions to resolve disagreements between offi-
cials in the Administration who are participating in a rule-
making process; and
(2) ensure that sufficient staff are assigned to rulemaking
projects to meet all deadlines.
SEC. 105. COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COM-
MITTEE.
(a) ESTABLISHMENT.—The Secretary may establish a commer-
cial motor vehicle safety advisory committee to provide advice and
recommendations on a range of motor carrier safety issues.
(b) COMPOSITION.—The members of the advisory committee
shall be appointed by the Secretary and shall include representa-
tives of the motor carrier industry, drivers, safety advocates, manu-
facturers, safety enforcement officials, law enforcement agencies
of border States, and other individuals affected by rulemakings
under consideration by the Department of Transportation. Rep-
resentatives of a single interest group may not constitute a majority
of the members of the advisory committee.
(c) FUNCTION.—The advisory committee shall provide advice
to the Secretary on commercial motor vehicle safety regulations
and other matters relating to activities and functions of the Federal
Motor Carrier Safety Administration.
(d) TERMINATION DATE.—The advisory committee shall remain
in effect until September 30, 2003.
SEC. 106. SAVINGS PROVISION.
(a) TRANSFER OF ASSETS AND PERSONNEL.—Except as otherwise
provided in this Act and the amendments made by this Act, those
H. R. 3419—10
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 connection
with the functions transferred, and unexpended balances of appro-
priations, allocations, and other funds of the Office of Motor Carrier
Safety (including any predecessor entity) shall also be transferred
to the Administration.
(b) LEGAL DOCUMENTS.—All orders, determinations, rules, regu-
lations, permits, grants, loans, contracts, settlements, agreements,
certificates, licenses, and privileges—
(1) that have been issued, made, granted, or allowed to
become effective by the Office, any officer or employee of the
Office, or any other Government official, or by a court of com-
petent 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 authorized official, a court
of competent jurisdiction, or operation of law.
(c) PROCEEDINGS.—
(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 pro-
ceedings and applications, to the extent that they relate to
functions 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 discontinuance or modification
of any proceeding described 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 authorized to
provide for the orderly transfer of pending proceedings from
the Office.
(d) SUITS.—
(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, appeals 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