H. R. 3419—20
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 RECOMMENDA-
TIONS.
(a) IN GENERAL.—The Secretary shall implement the safety
improvement recommendations provided for in the Department of
Transportation Inspector General’s Report TR–1999–091, except to
the extent that such recommendations are specifically addressed
in sections 206, 208, 217, and 222 of this Act, including any amend-
ments 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
Transportation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives a
report on the specific actions taken to implement such rec-
ommendations.
(2) REPORTS BY THE INSPECTOR GENERAL.—The Inspector
General shall periodically transmit to the committees referred
to in paragraph (1) a report assessing the Secretary’s progress
in implementing the recommendations referred to in subsection
(a) and analyzing the number of violations cited by safety
inspectors and the level of fines assessed and collected for
such violations, and of the number of cases in which there
are findings of extraordinary circumstances under section 222(c)
of this Act and the circumstances in which these findings
are made.
SEC. 217. PERIODIC REFILING OF MOTOR CARRIER IDENTIFICATION
REPORTS.
The Secretary shall amend section 385.21 of the Department
of Transportation’s regulations (49 CFR 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 conducting operations in interstate or foreign com-
merce. The initial update shall occur not later than 1 year after
the date of the enactment of this Act.
SEC. 218. BORDER STAFFING STANDARDS.
(a) DEVELOPMENT AND IMPLEMENTATION.—Not later than 1 year
after the date of the enactment of this Act, the Secretary shall
develop and implement appropriate staffing standards for Federal
and State motor carrier safety inspectors in international border
areas.
(b) FACTORS TO BE CONSIDERED.—In developing standards
under subsection (a), the Secretary shall consider volume of traffic,
hours of operation of the border facility, types of commercial motor
vehicles, types of cargo, delineation of responsibility between Fed-
eral and State inspectors, and such other factors as the Secretary
determines appropriate.
(c) MAINTENANCE OF EFFORT.—The standards developed and
implemented under subsection (a) shall ensure that the United
H. R. 3419—21
States and each State will not reduce its respective level of staffing
of motor carrier safety inspectors in international border areas
from its average level staffing for fiscal year 2000.
(d) BORDER
COMMERCIAL
MOTOR
VEHICLE
AND
SAFETY
ENFORCEMENT PROGRAMS.—
(1) ENFORCEMENT.—If, on October 1, 2001, and October
1 of each fiscal year thereafter, the Secretary has not ensured
that the levels of staffing required by the standards developed
under subsection (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 car-
rying 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 coordination with State motor vehicle safety agen-
cies.
(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 DISQUALIFICA-
TIONS.
(a) GENERAL RULE.—Subject to subsections (b) and (c), a foreign
motor carrier or foreign motor private carrier (as such terms are
defined under section 13102 of title 49, United States Code) that
operates without authority, before the implementation of the land
transportation provisions of the North American Free Trade Agree-
ment, 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 disqualified 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 include a disqualification from
operating a commercial motor vehicle anywhere within the United
States for a period of not more than 6 months.
(c) PENALTY FOR PATTERN OF INTENTIONAL VIOLATIONS.—The
civil penalty for a pattern of intentional violations 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 transpor-
tation provisions of the North American Free Trade Agreement,
during any period in which a suspension, condition, restriction,
or limitation imposed under section 13902(c) of title 49, United
States Code, applies to a motor carrier (as defined in section
13902(e) of such title), that motor carrier may not lease a commer-
cial motor vehicle to another motor carrier or a motor private
carrier to transport property in the United States.
H. R. 3419—22
(e) SAVINGS CLAUSE.—No provision of this section may be
enforced if it is inconsistent with any international agreement of
the United States.
(f ) ACTS OF EMPLOYEES.—The actions of any employee driver
of a foreign motor carrier or foreign motor private carrier committed
without the knowledge of the carrier or committed unintentionally
shall not be grounds for penalty or disqualification under this
section.
SEC. 220. TRAFFIC LAW INITIATIVE.
(a) IN GENERAL.—In cooperation with one or more States, the
Secretary may carry out a program to develop innovative methods
of improving motor carrier compliance with traffic laws. Such
methods may include the use of photography and other imaging
technologies.
(b) REPORT.—The Secretary shall transmit to Congress a report
on the results of any program conducted under this section, together
with any recommendations as the Secretary determines appropriate.
SEC. 221. STATE-TO-STATE NOTIFICATION OF VIOLATIONS DATA.
(a) DEVELOPMENT.—In cooperation with the States, the Sec-
retary shall develop a uniform system to support the electronic
transmission of data State-to-State on convictions for all motor
vehicle traffic control law violations by individuals possessing a
commercial drivers’ licenses as required by paragraphs (9) and
(19) of section 31311(a) of title 49, United States Code.
(b) STATUS REPORT.—Not later than 2 years after the date
of the enactment of this Act, the Secretary shall transmit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the status of the implementa-
tion of this section.
SEC. 222. MINIMUM AND MAXIMUM ASSESSMENTS.
(a) IN
GENERAL.—The Secretary of Transportation should
ensure that motor carriers operate safely by imposing civil penalties
at a level calculated to ensure prompt and sustained compliance
with Federal motor carrier safety and commercial driver’s license
laws.
(b) ESTABLISHMENT.—The Secretary—
(1) should establish and assess minimum civil penalties
for each violation of a law referred to in subsection (a); and
(2) shall assess the maximum civil penalty for each viola-
tion of a law referred to in subsection (a) by any person who
is found to have committed a pattern of violations of critical
or acute regulations issued to carry out such a law or to
have previously committed the same or a related violation
of critical or acute regulations issued to carry out such a law.
(c) EXTRAORDINARY CIRCUMSTANCES.—If the Secretary deter-
mines and documents that extraordinary circumstances exist which
merit the assessment of any civil penalty lower than any level
established under subsection (b), the Secretary may assess such
lower penalty. In cases where a person has been found to have
previously committed the same or a related violation of critical
or acute regulations issued to carry out a law referred to in sub-
section (a), extraordinary circumstances may be found to exist when
the Secretary determines that repetition of such violation does
not demonstrate a failure to take appropriate remedial action.
H. R. 3419—23
(d) REPORT TO CONGRESS.—
(1) IN GENERAL.—The Secretary shall conduct a study of
the effectiveness of the revised civil penalties established in
the Transportation Equity Act for the 21st Century and this
Act in ensuring prompt and sustained compliance with Federal
motor carrier safety and commercial driver’s license laws.
(2) 
SUBMISSION
TO
CONGRESS.—The 
Secretary 
shall
transmit the results of such study and any recommendations
to Congress by September 30, 2002.
SEC. 223. MOTOR CARRIER SAFETY PROGRESS REPORT.
Not later than May 25, 2000, the Secretary shall transmit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a status report on the Department
of Transportation’s quantitative progress toward reducing motor
carrier fatalities by 50 percent by the year 2009.
SEC. 224. STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSA-
TION.
(a) OBJECTIVES.—The Secretary shall conduct a comprehensive
study to determine the causes of, and contributing factors to,
crashes that involve commercial motor vehicles. The study shall
also identify data requirements and collection procedures, reports,
and other measures that will improve the Department of Transpor-
tation’s and States’ ability to—
(1) evaluate future crashes involving commercial motor
vehicles;
(2) monitor crash trends and identify causes and contrib-
uting factors; and
(3) develop effective safety improvement policies and pro-
grams.
(b) DESIGN.—The study shall be designed to yield information
that will help the Department and the States identify activities
and other measures likely to lead to significant reductions in the
frequency, severity, and rate per mile traveled of crashes involving
commercial motor vehicles, including vehicles described in section
31132(1)(B) of title 49, United States Code. As practicable, the
study shall rank such activities and measures by the reductions
each would likely achieve, if implemented.
(c) CONSULTATION.—In designing and conducting the study,
the Secretary shall consult with persons with expertise on—
(1) crash causation and prevention;
(2) commercial motor vehicles, drivers, and carriers,
including passenger carriers;
(3) highways and noncommercial motor vehicles and
drivers;
(4) Federal and State highway and motor carrier safety
programs;
(5) research methods and statistical analysis; and
(6) other relevant topics.
(d) PUBLIC COMMENT.—The Secretary shall make available for
public comment information about the objectives, methodology,
implementation, findings, and other aspects of the study.
(e) REPORTS.—
(1) IN GENERAL.—The Secretary shall promptly transmit
to Congress the results of the study, together with any legisla-
tive recommendations.