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 SAFETY ADMINISTRATION
Sec. 101. Establishment of National Motor Carrier Safety 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. 210. Registration enforcement.
Sec. 211. Revocation of registration.
Sec. 212. State cooperation in registration enforcement.
Sec. 213. Expiration of approvals.
Sec. 214. Imminent hazard.
Sec. 215. Prohibited transportation by commercial motor vehicle operators.
Sec. 216. Household goods amendments.
Sec. 217. Registration of motor carriers.
Sec. 218. Foreign motor carrier penalties and disqualifications.
Sec. 219. Test results study.
Sec. 220. Use of recording devices in commercial motor vehicles.
Sec. 221. Passenger van safety.
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 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 re-
search, and effective commercial driver’s license test-
ing, recordkeeping and sanctions.
TITLE I—NATIONAL MOTOR CAR-
RIER 
SAFETY 
ADMINISTRA-
TION
SEC. 101. ESTABLISHMENT OF NATIONAL 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. National Motor Carrier Safety Administration
‘‘(a) IN GENERAL.—The National Motor Carrier
Safety Administration 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 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) 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, 315, and by section 18 of the Noise Con-
trol Act of 1972 (42 U.S.C. 4917; 86 Stat. 1249–
1250); except as otherwise delegated by the Sec-
retary to any agency of the Department of Trans-
portation other than the Federal Highway Adminis-
tration, as of October 8, 1999; 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 Safety 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 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 National Motor Carrier
Safety 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 Safety Administration.
‘‘Assistant National Motor Carrier Safety Ad-
ministrator.’’.
(e) CONFLICTS OF INTEREST.—
(1) 
COMPLIANCE
WITH
REGULATION.—In
awarding any contract for research, the National
Motor Carrier Safety Administrator shall comply
with section 1252.209–70 of title 48, Code of Fed-
eral Regulations, as in effect on the date of enact-
ment of this section. The Administrator shall require
that the text of such section be included in any re-
quest for proposal and contract for research made
by the Administrator.
(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 the enactment of this Act, the
Administrator 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.
(3) SAVINGS CLAUSE.—In developing and as-
sessing progress toward meeting the measurable
goals set forth in this subsection, the Secretary and
the 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.—
(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 Safety Administrator.
(B) The Administrator and the Deputy
National Motor Carrier Safety Administrator.
(C) The Administrator and the Chief Safe-
ty Officer of the National Motor Carrier Safety
Administration.
(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 are authorized to be appro-
priated out of the Highway Trust Fund (other than the
Mass Transit Account) for the Secretary of Transpor-
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-
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) 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 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
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 Safety
Administration a motor carrier safety advisory committee
to advise, consult with, and make recommendations to the
National Motor Carrier Safety 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, representatives from law enforcement
agencies of border States, 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 Safety
Administration.
(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 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
‘‘(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
(2) by striking the period at the end of para-
graph (8)(B) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(9) shall prescribe minimum testing standards
for the operation of a school bus (that is a vehicle
described in section 31301(4)(B)) in a State that
elects to issue a commercial driver’s license school
bus endorsement and may prescribe different min-
imum testing standards for different classes of
school buses.’’.
SEC. 203. REQUIREMENTS FOR STATE PARTICIPATION.
(a) NOTIFICATION OF STATE OFFICIALS.—Section
31311(a)(9) of title 49, United States Code, is amended—
(1) by striking ‘‘operating a commercial motor
vehicle’’; and
(2) by inserting ‘‘commercial’’ before ‘‘driver’s
license’’.
(b) PROVISIONAL LICENSES.—Section 31311(a)(10)
of such title is amended by inserting after ‘‘commercial
driver’s license’’ the following: ‘‘(including a provisional or
temporary commercial driver’s license)’’.
(c) RECORDKEEPING.—Section 31311(a) of such title
is amended by striking paragraph (13) and inserting the
following:
‘‘(13) The State shall (A) record in the driving
record of an individual who has a commercial driv-
er’s license issued by the State, and (B) make avail-
able to all authorized persons and governmental en-
tities having access to such record, all information
the State receives under paragraph (9) with respect
to the individual and every conviction by the State
of the individual for a violation involving a motor ve-
hicle (including a commercial motor vehicle) of a
State or local law on traffic control (except a park-
ing violation), not later than 10 days after the date
of receipt of such information or the date of such
conviction.’’.
(d) NONCOMMERCIAL
MOTOR
VEHICLE
CONVIC-
TIONS.—Section 31311(a) of title 49, United States Code,
is amended by adding at the end the following:
‘‘(18) The State shall revoke, suspend, or can-
cel, for a period determined in accordance with regu-
lations issued by the Secretary under section
31310(g), the commercial driver’s license of an indi-
vidual who has been convicted of serious offenses in-
volving a motor vehicle other than a commercial
motor vehicle.’’.
(e) 
CONFORMING
AMENDMENT.—Section
31311(a)(15) of such title is amended by striking ‘‘sub-
sections (b)–(e), (g)(1)(A), and (g)(2) of’’.
SEC. 204. STATE NONCOMPLIANCE.
(a) IN GENERAL.—Section 31314 of title 49, United
States Code, is amended—
(1) in the section heading by striking ‘‘With-
holding amounts for’’; and
(2) by adding at the end the following:
‘‘(d) COMMERCIAL DRIVER’S LICENSES.—
‘‘(1) STATE
NOT
IN
SUBSTANTIAL
COMPLI-
ANCE.—If the Secretary determines that a State is
not in substantial compliance with a requirement of
section 31311(a), the Secretary shall issue an order
declaring that all commercial driver’s licenses issued
by the State after the date of the order are not valid
and the State may not issue any commercial driver’s
licenses after the date of such order.
‘‘(2) PREVIOUSLY ISSUED LICENSES.—Nothing
in this subsection shall be construed as invalidating
or otherwise affecting commercial driver’s licenses
issued by a State before the date of issuance of an
order under paragraph (1) with respect to the State.
‘‘(3) STATE IN SUBSTANTIAL COMPLIANCE.—A
State subject to an order under paragraph (1) may
not resume issuing commercial driver’s licenses until
the Secretary determines that the State is in sub-
stantial compliance with all of the requirements of
subsection 31311(a).
‘‘(4) NONRESIDENT
CDLS.—Any State other
than a State subject to an order under paragraph
(1) shall issue a nonresident commercial driver’s li-
cense to any individual domiciled in a State subject
to such an order who meets all of the requirements
of this chapter and any applicable State licensing re-
quirements.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 313 of such title is amended by striking the item
relating to section 31314 and inserting the following:
‘‘31314. State noncompliance.’’.
SEC. 205. 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) by striking ‘‘for each of
fiscal years 1999’’ and inserting ‘‘for fiscal year
1999 and $375,000 for each of fiscal years 2000’’.
SEC. 206. 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 or
renewing a motor vehicle operator’s license to an indi-
vidual, a State shall request from the Secretary informa-
tion from the National Driver Register under section
30302 and the commercial driver’s license information
system under section 31309 on the individual’s driving
record.’’.
SEC. 207. BORDER STAFFING STANDARDS.
(a) DEVELOPMENT
AND
IMPLEMENTATION.—Not
later than 1 year after the date of the enactment of this
Act, the Secretary of Transportation shall develop and im-
plement appropriate staffing standards for Federal and
State motor carrier safety inspectors in international bor-
der 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
Secretary has not ensured that the levels of staffing
required by the standards developed under sub-
section (a) are deployed, the Secretary shall 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.—The amounts designated
pursuant to this subsection 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 ve-
hicle 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. 208. MINIMUM AND MAXIMUM ASSESSMENTS.
(a) IN GENERAL.—The Secretary of Transportation
should ensure that motor carriers operate safely by impos-
ing civil penalties at a level calculated to ensure prompt
and sustained compliance with Federal motor carrier safe-
ty 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 violation 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 Sec-
retary determines and documents that extraordinary cir-
cumstances 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 com-
mitted 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 ap-
propriate remedial action.
(d) REPORT TO CONGRESS.—
(1) IN GENERAL.—The Secretary shall conduct
a study of the effectiveness of the revised civil pen-
alties 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 rec-
ommendations to Congress by September 30, 2002.
(e) SEMIANNUAL AUDIT BY INSPECTOR GENERAL.—
The Inspector General of the Department of Transpor-
tation shall conduct a semiannual audit of the National
Motor Carrier Safety Administration’s enforcement activi-
ties, including an analysis of 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 extrordinary circumstances
under subsection (c) and the circumstances in which these
findings are made and shall promptly submit the results
of each such audit to Congress.
SEC. 209. STUDY OF COMMERCIAL MOTOR VEHICLE CRASH
CAUSATION AND DATA IMPROVEMENT.
(a) OBJECTIVES.—The Secretary of Transportation
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
Transportation’s and States’ ability to—
(1) evaluate future crashes involving commer-
cial motor vehicles;
(2) monitor crash trends and identify causes
and contributing factors; and
(3) develop effective safety improvement policies
and programs.
(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 sig-
nificant reductions in the frequency, severity, and rate per
mile traveled of crashes involving commercial motor vehi-
cles. 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 car-
riers;
(3) highways and noncommercial motor vehicles
and drivers;
(4) Federal and State highway and motor car-
rier 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 objec-
tives, methodology, implementation, findings, and other
aspects of the study.
(e) REPORT.—The Secretary shall promptly transmit
the results of the study, together with any legislative rec-
ommendations, to Congress. The Secretary shall review
the study at least once every 5 years and update the study
and report as necessary.
(f) DATA IMPROVEMENTS.—Based on the findings of
the study, the Secretary shall work with the States, and
other appropriate entities, to standardize crash data re-
quirements, collection procedures, and reports.
(g) 
ELIGIBILITY.—Notwithstanding 
section
104(a)(4) of title 23, United States Code, activities under
this section shall be eligible for funding under section
104(a) of such title and may be carried out by any entity
within the Department that the Secretary designates.
SEC. 210. 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
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. 211. 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 180 days of the time
specified by order of the Secretary for the payment
of such penalty. Subparagraph (B) shall not apply
to any person who is unable to pay a civil penalty
due to bankruptcy reorganization.
‘‘(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).
SEC. 212. 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. 213. EXPIRATION OF APPROVALS.
Section 13703 of title 49, United States Code, is
amended—
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g),
and (h) as subsections (d), (e), (f), and (g) respec-
tively.
SEC. 214. 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. 215. PROHIBITED TRANSPORTATION BY COMMERCIAL
MOTOR VEHICLE OPERATORS.
Section 521(b) of title 49, United States Code, 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:
‘‘(8) PROHIBITION OPERATION IN INTERSTATE
COMMERCE AFTER NONPAYMENT OF PENALTIES.—
‘‘(A) IN GENERAL.—An owner or operator
of a commercial motor vehicle against whom a
civil penalty is assessed under this chapter or
chapters 51, 149, 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 com-
merce beginning on the 181st 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 due to bankruptcy reorganization.
‘‘(B) REGULATIONS.—Not later than 12
months after the date of the enactment of the
Motor Carrier Safety Act of 1999, the Sec-
retary, after notice and an opportunity for pub-
lic comment, shall issue regulations setting
forth procedures for ordering commercial motor
vehicle owners and operators delinquent in pay-
ing civil penalties to cease operations until pay-
ment has been made.’’.
SEC. 216. 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
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. 217. REGISTRATION OF MOTOR CARRIERS.
(a) REGISTRATION
OF MOTOR CARRIERS
BY
A
STATE.—
(1) INTERIM RULE.—Section 14504(b) of title
49, United States Code, is amended—
(A) in the first sentence by striking ‘‘The’’
and inserting ‘‘Until January 1, 2002, the’’;
and
(B) in the second sentence by striking
‘‘When’’ and inserting ‘‘Until January 1, 2002,
when’’.
(2) REPEAL.—Effective January 1, 2002, sec-
tion 14504 of such title and the item relating to
such section in the analysis for chapter 145 of such
title are repealed.
(b) 
COMPREHENSIVE
REGISTRATION.—Section
13908 of such title is amended—
(1) in the first sentence of subsection (a) by in-
serting ‘‘the requirements of section 13304,’’ after
‘‘this chapter,’’;
(2) by striking the last sentence of subsection
(a);
(3) in subsection (b)—
(A) by striking paragraphs (1), (2), and
(3); and
(B) by redesignating paragraphs (4), (5),
and (6) as paragraphs (1), (2), and (3), respec-
tively;
(4) in subsection (c) by striking ‘‘cover’’ and in-
serting ‘‘equal as nearly as possible’’; and
(5) by striking subsection (d) and inserting the
following:
‘‘(d) STATE REGISTRATION PROGRAMS.—Effective
January 1, 2002, it shall be an unreasonable burden on
interstate commerce for any State or political subdivision
thereof, or any political authority of two or more States,
to require a motor carrier operating in interstate com-