Motor Carrier Safety Improvement Act of 1999
PL 106-159 (H.R.3419), enacted 12/09/1999

113 STAT. 1748 
PUBLIC LAW 106-159—DEC. 9, 1999 
Public Law 106-159 
106th Congress 
Dec. 9, 1999 
(H.R. 3419] 
Motor Carrier 
Safety 
Improvement Act 
of 1999 
49 use" 101 note. 
An Act 
To amend title 49, United States Code, to establish the Federal Motor Carrier 
Safety Administration, and for other purposes. 
Be it enacted by the Senate and House of Representatives 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 Improvement Act of 1999". 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Secretary defined. 
Sec. 3. Findings. 
Sec. 4. Piuposes. 
TITLE I—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 
Sec. 101. Establishment of Federal Motor Carrier Safety Administration. 
Sec. 102. Revenue aligned budget authority. 
Sec. 103. Additional funding for motor carrier safety grant program. 
Sec. 104. Motor carrier safety strategy. 
Sec. 105. Commercial motor vehicle safety advisory committee. 
Sec. 106. Saving provisions. 
Sec. 107. Effective date. 
TITLE II—COMMERCIAL MOTOR VEfflCLE AND DRIVER SAFETY 
Sec. 201. Disqualifications. 
Sec. 202. Requirements for State participation. 
Sec. 203. State noncompliance. 
Sec. 204. Checks before issuance of driver's licenses. 
Sec. 205. Registration enforcement. 
Sec. 206. Delinquent payment of ^nalties. 
Sec. 207. State cooperation in registration enforcement. 
Sec. 208. Imminent hazard. 
Sec. 209. Household goods amendments. 
Sec. 210. New motor carrier entrant reqvurements. 
Sec. 211. Certification of safety auditors. 
Sec. 212. Commercial van rulemaking. 
Sec. 213. 24-hour staffing of telephone hotline. 
Sec. 214. CDL school bus endorsement. 
Sec. 215. Medical certificate. 
Sec. 216. Implementation of Inspector General recommendations. 
Sec. 217. Periodic refiling of motor carrier identification reports. 
Sec. 218. Border staffing standards. 
Sec. 219. Foreign motor carrier penalties and disqualifications. 
Sec. 220. Traffic law initiative. 
Sec. 221. State-to-State notification of violations data. 
Sec. 222. Minimum and maximum assessments. 
Sec. 223. Motor carrier safety progress report. 
Sec. 224. Study of commercial motor vehicle crash causation. 
Sec. 225. Data collection and analysis. 
Sec. 226. Drug test results study. 
Sec. 227. Approval of agreements. 
Sec. 228. DOT authority. 
PUBLIC LAW 106-159—DEC. 9, 1999 
113 STAT. 1749 
SEC. 2. SECRETARY DEFINED. 
49 USC 101 note. 
In this Act, the term "Secretary" means the Secretary of 
Transportation. 
SEC. 3. FINDINGS. 
49 USC 113 note. 
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. 
' 
49 USC 113 note. 
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. 
113 STAT. 1750 
PUBLIC LAW 106-159—DEC. 9, 1999 
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 D U T I E S . ^ 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 
PUBLIC LAW 106-159—DEC. 9, 1999 
113 STAT. 1751 
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 IV2 percent of 
all sums so made available, as the Secretary determines nec-
essary—" and inserting "exceed— 
"(A) IVe percent of all sums so made available, as 
the Secretary determines necessary—"; 
(3) by striking the period at the end of paragraph (l)(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.". 
113 STAT. 1752 
PUBLIC LAW 106-159—DEC. 9, 1999 
49 use 31136 
note. 
49 use 330 note. 
Deadline. 
(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— 
PUBLIC LAW 106-159—DEC. 9, 1999 
113 STAT. 1753 
(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. 
49 u s e 31104 
note. 
49 u s e 31102 
note. 
113 STAT. 1754 
PUBLIC LAW 106-159—DEC. 9, 1999 
49 use 31102 
note. 
49 use 31100 
note. 
(d) EMERGENCY C D L 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.— 
PUBLIC LAW 106-159—DEC. 9, 1999 
113 STAT. 1755 
(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. 
113 STAT. 1756 
PUBLIC LAW 106-159—DEC. 9, 1999 
(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. 
49 use 31100 
SEC. 105. COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COM-
note. 
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. 
49 use 113 note. 
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 
PUBLIC LAW 106-159—DEC. 9, 1999 
113 STAT. 1757 
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 
113 STAT. 1758 
PUBLIC LAW 106-159—DEC. 9, 1999 
functions transferred to the Administration under this Act) 
substituted for the Office. 
(3) REMANDED CASES.—If the court in a suit described 
in paragraph (1) remands a case to the Administration, subse-
quent proceedings related to such case shall proceed in accord-
ance with applicable law and regulations as in effect at the 
time of such subsequent proceedings. 
(e) CONTINUANCE OF ACTIONS AGAINST OFFICERS.—No suit, 
action, or other proceeding commenced by or against any officer 
in his official capacity as an officer of the Office shall abate by 
reason of the enactment of this Act. No cause of action by or 
against the Office, or by or against any officer thereof in his official 
capacity, shall abate by reason of the enactment of this Act. 
(f) EXERCISE OF AUTHORITIES.—^Except as otherwise provided 
by law, an officer or employee of the Administration may, for 
purposes of performing a function transferred by this Act or the 
amendments made by this Act, exercise all authorities under any 
other provision of law that were available with respect to the 
performance of that function to the official responsible for the 
performance of the function immediately before the effective date 
of the transfer of the function under this Act or the amendments 
made by this Act. 
(g) REFERENCES.—^Any reference to the Office in any Federal 
law. Executive order, rule, regulation, or delegation of authority, 
or any document of or pertaining to the Office or an officer or 
employee of the Office is deemed to refer to the Administration 
or a member or employee of the Administration, as appropriate. 
SEC. 107. EFFECTIVE DATE. 
49 use 104 note. 
(a) IN GENERAL.—This Act shall take effect on the date of 
the enactment of this Act; except that the amendments made by 
section 101 shall take effect on January 1, 2000. 
31 use 1105 
(b) BUDGET SUBMISSIONS.—The President's budget submission 
note. 
for fiscal year 2001 and each fiscal year thereafter shall reflect 
the establishment of the Federal Motor Carrier Safety Administra-
tion 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 subparagraph (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 commercial 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 vehicle based 
on the individual's operation of a commercial motor vehicle; 
or 
PUBLIC LAW 106-159—DEC. 9, 1999 
113 STAT. 1759 
"(E) convicted of causing a fatality through negligent or 
criminal operation of a commercial motor vehicle.". 
(2) SECOND AND MULTIPLE VIOLATIONS.—Section 31310(c)(1) 
of such title is amended— 
(A) by striking "or" at the end of subparagraph (C); 
(B) by redesignating subparagraph (D) as subpara-
graph (F); 
(C) by inserting after subparagraph (C) the following: 
"(D) committing more than one violation of driving a 
commercial motor vehicle when the individual's commercial 
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 vehicle based on the individual's operation of a commer-
cial motor vehicle; 
"(E) convicted of more than one offense of causing a fatality 
through negligent or criminal operation of a commercial motor 
vehicle; or"; and 
(D) in subparagraph (F) (as redesignated by subpara-
graph (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; NONCOMMERCIAL MOTOR 
VEHICLE CONVICTIONS.—Section 31310 of such title is amended— 
(1) by redesignating subsections (f), (g), and (h) as sub-
sections (h), (i), and (j), respectively; 
(2) by inserting after subsection (e) the following: 
"(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 Secretary 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 Secretary shall dis-
qualify an individual from operating a commercial motor vehicle 
for more than 30 days if the Secretary determines, after notice 
and an opportunity 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 CONVICTIONS.— 
"(1) ISSUANCE OF REGULATIONS.—Not later than 1 year Deadline, 
after the date of the 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 sind who 
has been convicted of— 
"(A) a serious offense involving a motor vehicle (other 
than a commercial motor vehicle) that has resulted in 
the revocation, cancellation, or suspension of the individ-
ual's license; or 
"(B) a drug or alcohol related offense involving a motor 
vehicle (other than a commercial motor vehicle). 
113 STAT. 1760 
PUBLIC LAW 106-159—DEC. 9, 1999 
"(2) REQUIREMENTS FOR REGULATIONS.—Regulations issued 
under paragraph (1) shall establish the minimum periods for 
which the disqualifications shall be in effect, but in no case 
shall the time periods for disqualification for noncommercial 
motor vehicle violations be more stringent than those for 
offenses or violations involving a commercial motor vehicle. 
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 paragraph (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 subparagraph (C); 
(2) by redesignating subparagraph (D) as subparagraph 
(G); and 
(3) by inserting after subparagraph (C) the following: 
"(D) driving a commercial motor vehicle when the indi-
vidual has not obtained a commercial driver's license; 
"(E) driving a commercial motor vehicle when the indi-
vidual does not have in his or her possession a commercial 
driver's license unless the individual provides, by the date 
that the individual must appear in court or pay any fine with 
respect to the citation, to the enforcement authority that issued 
the citation proof that the individual held a valid commercial 
driver's license on the date of the citation; 
"(F) driving a commercial motor vehicle when the individual 
has not met the minimum testing standards— 
"(i) under section 31305(a)(3) for the specific class of 
vehicle the individual is operating; or 
"(ii) under section 31305(a)(5) for the type of cargo 
the vehicle is carrying; and". 
(d) CONFORMING AMENDMENTS.—Section 31305(b)(1) of such 
title is amended— 
(1) by striking "to operate the vehicle"; and 
(2) by inserting before the period at the end the following: 
"to operate the vehicle and has a commercial driver's license 
to operate the vehicle". 
SEC. 202. REQUIREMENTS FOR STATE PARTICIPATION. 
(a) REQUESTS FOR DRIVING RECORD INFORMATION.—Section 
31311(a)(6) of title 49, United States Code, is amended— 
(1) by inserting "or renewing such a license" before the 
comma; and 
(2) by striking "commercial" the second place it appears. 
(b) RECORDING OF VIOLATIONS.—Section 31311(a)(8) of such 
title is amended by inserting before the period at the end the 
following: ", and the violation that resulted in the disqualification, 
revocation, suspension, or cancellation shall be recorded". 
(c) NOTIFICATION OF STATE OFFICIALS.—Section 31311(a)(9) of 
such title is amended to read as follows: 
"(9) If an individual violates a State or local law on motor 
vehicle traffic control (except a parking violation) and the 
individual— 
"(A) has a commercial driver's license issued by another 
State; or 
PUBLIC LAW 106-159—DEC. 9, 1999 
113 STAT. 1761 
"(B) is operating a commercial vehicle without a 
commercial driver's license and has a driver's license issued 
by another State, 
the State in which the violation occurred shall notify a State 
official designated by the issuing State of the violations not 
later than 10 days after the date the individual is found to 
have committed the violation.". 
(d) PROVISIONAL LICENSES.—Section 31311(a)(10) of such title 
is amended— 
(1) by striking "(10)" and inserting "(10)(A)"; and 
(2) by adding at the end the following: 
"(B) The State may not issue a special license or permit 
(including a provisional or temporary license) to an individual 
who holds a commercial driver's license that permits the indi-
vidual to drive a commercial motor vehicle during a period 
in which— 
"(i) the individual is disqualified from operating a 
commercial motor vehicle; or 
"(ii) the individual's driver's license is revoked, sus-
pended, or canceled.". 
(e) PENALTIES.—Section 31311(a)(13) of such title is amended— 
(1) by inserting "consistent with this chapter that" after 
"penalties"; and 
(2) by striking "vehicle" the first place it appears and 
all that follows through the period at the end and inserting 
"vehicle.". 
(f) RECORDS OF VIOLATIONS.—Section 31311(a) of such title 
is amended by adding at the end the following: 
"(18) The State shall maintain, as part of its driver informa-
tion system, a record of each violation of a State or local 
motor vehicle traffic control law while operating a motor vehicle 
(except a parking violation) for each individual who holds a 
commercial driver's license. The record shall be available upon 
request to the individual, the Secretary, employers, prospective 
employers. State licensing and law enforcement agencies, and 
their authorized agents.". 
(g) MASKING.—Section 31311(a) of such title is further amended 
by adding at the end the following: 
"(19) The State shall— 
"(A) record in the driving record of an individual who 
has a commercial driver's license issued by the State; and 
"(B) make available to all authorized persons and 
governmental entities having access to such record, 
all information the State receives under paragraph (9) with 
respect to the individual and every violation by the individual 
involving a motor vehicle (including a commercial motor vehicle) 
of a State or local law on traffic control (except a parking 
violation), not later than 10 days after the date of receipt 
of such information or the date of such violation, as the case 
may be. The State may not allow information regarding such 
violations to be withheld or masked in any way from the 
record of an individual possessing a commercial driver's 
license.". 
(h) NONCOMMERCIAL MOTOR VEHICLE CONVICTIONS.—Section 
31311(a) of such title is further amended by adding at the end 
the following: 
113 STAT. 1762 
PUBLIC LAW 106-159—DEC. 9, 1999 
"(20) The State shall revoke, suspend, or cancel the 
commercial driver's license of an individual in accordance with 
regulations issued by the Secretary to carry out section 
31310(g).". 
SEC. 203. STATE NONCOMPLIANCE. 
(a) IN GENERAL.—Chapter 313 of title 49, United States Code, 
is amended by inserting after section 31311 the following: 
"§31312. Decertification authority 
"(a) IN GENERAL.—If the Secretary of Transportation deter-
mines that a State is in substantial noncompliance with this 
chapter, the Secretary shall issue an order to— 
"(1) prohibit that State from carrying out licensing proce-
dures under this chapter; and 
"(2) prohibit that State from issuing any commercial 
driver's licenses until such time the Secretary determines such 
State is in substantial compliance with this chapter. 
"(b) EFFECT ON OTHER STATES.—A State (other than a State 
subject to an order under subsection (a)) may issue a non-resident 
commercial driver's license to an individual domiciled in a State 
that is prohibited from such activities under subsection (a) if that 
individual meets all requirements of this chapter and the non-
resident licensing requirements of the issuing State. 
"(c) PREVIOUSLY ISSUED LICENSES.—Nothing in this section 
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 subsection (a) with respect to the State.". 
(b) 
CONFORMING 
AMENDMENT.—^The 
chapter 
analysis 
for 
chapter 313 of such title is amended by inserting after the item 
relating to section 31311 the following: 
"31312. Decertification authority.". 
SEC. 204. CHECKS BEFORE ISSUANCE OF DRIVER'S LICENSES. 
Section 30304 of title 49, United States Code, is amended 
by adding at the end the following: 
"(e) DRIVER RECORD INQUIRY.—Before issuing a motor vehicle 
operator's license to an individual or renewing such a license, a 
State shall request from the Secretary information 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, 205. REGISTRATION ENFORCEMENT. 
Section 13902 of title 49, United States Code, is amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following: 
"(ie) 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 inspection or inves-
tigation, the Secretary determines that a motor vehicle pro-
viding transportation requiring registration under this section 
is operating without a registration or beyond the scope of its 
registration, the Secretary may order the vehicle out-of-service. 
Subsequent to the issuance of the out-of-service order, the 
PUBLIC LAW 106-159—DEC. 9, 1999 
113 STAT. 1763 
Secretary shall provide an opportunity for review in accordance 
with section 554 of title 5, United States Code; except 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 subsection (c)(1)(A) or (c)(1)(B) is in 
effect and providing transportation for which registration is 
required under this section shall maintain evidence of such 
registration in the motor vehicle when the person is providing 
the transportation. The Secretary shall not permit the operation 
in interstate commerce in the United States of any motor 
vehicle in which there is not a copy of the registration issued 
pursuant to this section.". 
SEC. 206. DELINQUENT PAYMENT OF PENALTIES. 
(a) 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 second sentence 
and inserting "; and (B) suspend, amend, or revoke any part 
of the registration of a motor carrier, broker, or freight for-
warder: (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 90 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 because such person is a debtor in a case under 
chapter 11 of title 11, United States Code. 
"(2) REGULATIONS.—Not later than 12 months after the Deadline, 
date of the enactment of this paragraph, the Secretary, after 
notice and opportunity for public comment, shall issue regula-
tions to provide for the suspension, amendment, or revocation 
of a registration 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). 
(b) 
PROHIBITED 
TRANSPORTATION BY COMMERCIAL MOTOR 
VEHICLE OPERATORS.—Section 521(b) of such title is amended— 
(1) by redesignating paragraphs (8) through (13) as para-
graphs (9) through (14), respectively; and 
(2) by inserting after paragraph (7) the following: 
"(8) PROHIBITION ON OPERATION IN INTERSTATE COMMERCE 
AFTER NONPAYMENT OF PENALTIES.— 
"(A) IN GENERAL.—^Ati owner or operator of a commer-
cial motor vehicle against whom a civil penalty is assessed 
under this chapter or chapter 51, 149, or 311 of this title 
and who does not pay such penalty or fails to arrange 
and abide by an acceptable pa3mient plan for such civil 
penalty may not operate in interstate commerce beginning 
on the 91st day after the date specified by order of the 
Secretary for payment of such penalty. This paragraph 
shall not apply to any person who is unable to pay a 
113 STAT. 1764 
PUBLIC LAW 106-159—DEC. 9, 1999 
civil penalty because such person is a debtor in a case 
under chapter 11 of title 11, United States Code. 
DeadUne. 
"(B) REGULATIONS.—^Not later than 12 months after 
the date of the enactment of this paragraph, the Secretary, 
after notice and an opportunity for public comment, shall 
issue regulations setting forth procedures for ordering 
commercial motor vehicle owners and operators delinquent 
in paying civil penalties to cease operations until payment 
has been made.". 
SEC. 207. STATE COOPERATION IN REGISTRATION ENFORCEMENT. 
Section 31102(b)(1) of title 49, United 
States Code, is 
amended— 
(1) by aligning subparagraph (A) with subparagraph (B) 
of such section; and 
(2) by striking subparagraph (R) and inserting the fol-
lowing: 
"(R) ensures that the State will cooperate in the 
enforcement of registration requirements under section 
13902 and financial responsibility requirements under sec-
tions 13906, 31138, and 31139 and regulations issued there-
under;". 
SEC. 208. IMMINENT HAZARD. 
Section 521(b)(5)(B) of title 49, United States Code, is amended 
by striking "is likely to result in" and inserting "substantially 
increases the likelihood of". 
SEC. 209. 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 include property moving from a factory or 
store, other than property that the householder has purchased 
with the intent 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 PROTECTION RULES 
IN THE HOUSEHOLD GOODS MOVING INDUSTRY.—^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. 210. NEW MOTOR CARRIER ENTRANT REQUIREMENTS. 
(a) SAFETY REVIEWS.—Section 31144 of title 49, United States 
Code, is amended by adding at the end the following: 
"(c) SAFETY REVIEWS OF NEW OPERATORS.— 
Regulations. 
"(1) IN GENERAL.—The Secretary shall require, by regula-
tion, each owner and each operator granted new operating 
authority, after the date on which section 31148(b) is first 
implemented, to undergo a safety review within the first 18 
months after the owner or operator, as the case may be, begins 
operations under such authority. 
49 use 14104 
note. 
PUBLIC LAW 106-159—DEC. 9, 1999 
113 STAT. 1765 
49 use 31144 
note. 
"(2) ELEMENTS.—In the regulations issued pursuant to 
paragraph (1), the Secretary shall establish the elements of 
the safety review, including basic safety management controls. 
In establishing such elements, the Secretary shall consider 
their effects on small businesses and shall consider establishing 
alternate locations where such reviews may be conducted for 
the convenience of small businesses. 
"(3) PHASE-IN OF REQUIREMENT.—The Secretary shall phase 
in the requirements of paragraph (1) in a manner that takes 
into account the availability of certified motor carrier safety 
auditors. 
"(4) NEW ENTRANT AUTHORITY.—Notwithstanding any other 
provision of this title, any new operating authority granted 
after the date on which section 31148(b) is first implemented 
shall be designated as new entrant authority until the safety 
review required by paragraph (1) is completed.". 
(b) MINIMUM REQUIREMENTS.—^The Secretary shall initiate a 
rulemaking to establish minimum requirements for applicant motor 
carriers, including foreign motor carriers, seeking Federal interstate 
operating authority to ensure applicant carriers are knowledgeable 
about applicable Federal motor carrier safety standards. As part 
of that rulemaking, the Secretary shall consider the establishment 
of a proficiency examination for applicant motor carriers as well 
as other requirements to ensure such applicants understand 
applicable safety 
regulations before being granted 
operating 
authority. 
SEC. 211. CERTIFICATION OF SAFETY AUDITORS. 
(a) IN GENERAL.—Chapter 311 of title 49, United States Code, 
is amended by adding at the end the following: 
"§ 31148. Certified motor carrier safety auditors 
"(a) IN GENERAL.—Not later than 1 year after the date of Deadline, 
the enactment of this section, the Secretary of Transportation shall 
complete a rulemaking to improve training and provide for the 
certification of motor carrier safety auditors, including private con-
tractors, to conduct safety inspection audits and reviews described 
in subsection (b). 
"(b) CERTIFIED INSPECTION AUDIT REQUIREMENT.—Not later Deadline, 
than 1 year after completion of the rulemaking required by sub-
section (a), any safety inspection audit or review required by, or 
based on the authority of, this chapter or chapter 5, 313, or 315 
of this title and performed after December 31, 2002, shall be con-
ducted by— 
"(1) a motor carrier safety auditor certified under sub-
section (a); or 
"(2) a Federal or State employee who, on the date of the 
enactment of this section, was qualified to perform such an 
audit or review. 
"(c) EXTENSION.—If the Secretary determines that subsection 
(b) cannot be implemented within the 1-year period established 
by that subsection and notifies the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
of the determination and the reasons therefor, the Secretary may 
extend the deadline for compliance with subsection (b) by not more 
than 12 months. 
113 STAT. 1766 
PUBLIC LAW 106-159—DEC. 9, 1999 
Deadline. 
49 use 31305 
note. 
Regulations. 
"(d) APPLICATION WITH OTHER AUTHORITY.—The Secretary may 
not delegate the Secretary's authority to private contractors to 
issue ratings or operating authority, and nothing in this section 
authorizes any private contractor to issue ratings or operating 
authority. 
"(e) OVERSIGHT RESPONSIBILITY.—^The Secretary shall have 
authority over any motor carrier safety auditor certified under 
subsection (a), including the authority to decertify a motor carrier 
safety auditor.". 
(b) CONFORMING AMENDMENT.—The analysis for such chapter 
311 is amended by adding at the end the following: 
"31148. Certified motor carrier safety auditors.". 
SEC. 212. COMMERCIAL VAN RULEMAKING. 
Not later than 1 year after the date of the enactment of this 
Act, the Secretary shall complete Department of Transportation's 
rulemaking. Docket No. FHWA-99-5710, to amend Federal motor 
carrier safety regulations to determine which motor carriers oper-
ating commercial motor vehicles designed or used to transport 
between 9 and 15 passengers (including the driver) for compensation 
shall be covered. At a minimum, the rulemaking shall apply such 
regulations to— 
(1) commercial vans commonly referred to as "camionetas"; 
and 
(2) those commercial vans operating in interstate commerce 
outside commercial zones that have been determined to pose 
serious safety risks. 
In no case should the rulemaking exempt from such regulations 
all motor carriers operating commercial vehicles designed or used 
to transport between 9 and 15 passengers (including the driver) 
for compensation. 
SEC. 213. 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 following: 
"(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 regulations and procedures."; and 
(3) in subsection (e) (as redesignated by paragraph (1) 
of this section)— 
(A) by striking "104(a)" and inserting "104(a)(1)(B)"; 
and 
(B) by striking "for each of fiscal years 1999" and 
inserting "for fiscal year 1999 and $375,000 for each of 
fiscal years 2000". 
SEC. 214. CDL SCHOOL BUS ENDORSEMENT. 
The Secretary shall conduct a rulemaking to establish a special 
commercial driver's license endorsement for drivers of school buses. 
The endorsement shall, at a minimum— 
(1) include a driving skills test in a school bus; and 
(2) address proper safety procedures for— 
(A) loading and unloading children; 
(B) using emergency exits; and 
(C) traversing highway rail grade crossings. 
PUBLIC LAW 106-159—DEC. 9, 1999 
113 STAT. 1767 
SEC. 215. MEDICAL CERTIFICATE. 
49 USC 31305 
The Secretary shall initiate a rulemaking to provide for a Regulations. 
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 Deadline, 
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 Deadline, 
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 B E 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 
49 USC 31133 
note. 
Deadline. 
113 STAT. 1768 
PUBLIC LAW 106-159—DEC. 9, 1999 
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. 
49 use 14901 
SEC. 219. FOREIGN MOTOR CARRIER PENALTIES AND DISQUALIFICA-
note. 
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 anj^where 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. 
PUBLIC LAW 106-159—DEC. 9, 1999 
113 STAT. 1769 
(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 INITLVTIVE. 
(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. 
49 use 31131 
note. 
49 use 31311 
note. 
Deadline. 
49 use 521 note. 
113 STAT. 1770 
PUBLIC LAW 106-159—DEC. 9, 1999 
(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. 
49 use 31100 
SEC. 224. STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSA-
note. 
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. 
PUBLIC LAW 106-159—DEC. 9, 1999 
113 STAT. 1771 
(2) REVIEW AND UPDATE.—^The Secretary shall review the 
study at least once every 5 years and update the study and 
report as necessary. 
(f) FUNDING.—Of the amounts made available for each of fiscal 
years 2001, 2002, and 2003 under section 4003(i) of the Transpor-
tation Equity Act for the 21st Century (112 Stat. 395-398), as 
added by section 103(b)(1) of this Act, $5,000,000 per fiscal year 
shall be available only to carry out this section. 
SEC. 225. DATA COLLECTION AND ANALYSIS. 
(a) IN GENERAL.—In cooperation with the States, the Secretary 
shall carry out a program to improve the collection and analysis 
of data on crashes, including crash causation, involving commercial 
motor vehicles. 
(b) PROGRAM ADMINISTRATION.—The Secretary shall administer 
the program through the National Highway Traffic Safety Adminis-
tration in cooperation with the Federal Motor Carrier Safety 
Administration. The National Highway Traffic Safety Administra-
tion shall— 
(1) enter into agreements with the States to collect data 
and report the data by electronic means to a central data 
repository; and 
(2) train State employees and motor carrier safety enforce-
ment officials to assure the quality and uniformity of the data. 
(c) USE OF DATA.—The National Highway Traffic 
Safety 
Administration shall— 
(1) integrate the data, including driver citation and convic-
tion information; and 
(2) make the data base available electronically to the Fed-
eral Motor Carrier Safety Administration, the States, motor 
carriers, and other interested parties for problem identification, 
program evaluation, planning, and other safety-related activi-
ties. 
(d) REPORT.—Not later than 3 years after the date on which 
the improved data program begins, the Secretary shall transmit 
a report to Congress on the program, together with any rec-
ommendations the Secretary finds appropriate. 
(e) 
FUNDING.—Of the 
amounts 
deducted 
under 
section 
104(a)(1)(B) of title 23, United States Code, for each of fiscal years 
2001, 2002, and 2003 $5,000,000 per fiscal year shall be available 
only to carry out this section. 
(f) ADDITIONAL FUNDING FOR INFORMATION SYSTEMS.— 
(1) IN GENERAL.—Of the amounts made available for each 
of fiscal years 2001, 2002, and 2003 under section 4003(i) 
of the Transportation Equity Act for the 21st Century (112 
Stat. 395-398), as added by section 103(b)(1) of this Act, 
$5,000,000 per fiscal year shall be available only to carry out 
section 31106 of title 49, United States Code. 
(2) AMOUNTS AS ADDITIONAL.—The amounts made available 
by paragraph (1) shall be in addition to amounts made available 
under section 31107 of title 49, United States Code. 
SEC. 226. DRUG TEST RESULTS STUDY. 
(a) IN GENERAL.—The Secretary shall conduct a study of the 
feasibility and merits of— 
(1) requiring medical review officers or employers to report 
all verified positive controlled substances test results on any 
driver subject to controlled substances testing under part 382 
49 u s e 31100 
note. 
Contracts. 
Deadline. 
49 u s e 31306 
note. 
113 STAT. 1772 
PUBLIC LAW 106-159—DEC. 9, 1999 
of title 49, Code of Federal Regulations, including the identity 
of each person tested and each controlled substance found, 
to the State that issued the driver's commercial driver's license; 
and 
(2) requiring all prospective employers, before hiring any 
driver, to query the State that issued the driver's commercial 
driver's license on whether the State has on record any verified 
positive controlled substances test on such driver. 
(b) STUDY FACTORS.—In carrying out the study under this 
section, the Secretary shall assess— 
(1) methods for safeguarding the confidentiality of verified 
positive controlled substances test results; 
(2) the costs, benefits, and safety impacts of requiring 
States to maintain records of verified positive controlled sub-
stances test results; and 
(3) whether a process should be established to allow 
drivers— 
(A) to correct errors in their records; and 
(B) to expunge information from their records after 
a reasonable period of time. 
Deadline. 
(c) REPORT.—Not later than 2 years after the date of the enact-
ment of this Act, the Secretary shall submit to Congress a report 
on the study carried out under this section, together with such 
recommendations as the Secretary determines appropriate. 
SEC. 227. APPROVAL OF AGREEMENTS. 
(a) REVIEW.—Section 13703(c) of title 49, United States Code, 
is amended— 
(1) by redesignating paragraphs (1) through (4) as subpara-
graphs (A) through (D), respectively; 
(2) by striking "The Board" and inserting the following: 
"(1) IN GENERAL.—The Board"; 
(3) by adding at the end the following: 
"(2) PERIODIC REVIEW OF APPROVALS.—Subject to this sec-
tion, in the 5-year period beginning on the date of the enact-
ment of this paragraph and in each 5-year period thereafter, 
the Board shall initiate a proceeding to review any agreement 
approved pursuant to this section. Any such agreement shall 
be continued unless the Board determines otherwise."; and 
(4) by moving the remainder of the text of paragraph 
(1) (as designated by paragraph (2) of this subsection), including 
subparagraphs (A) through (D) (as designated by paragraph 
(1) of this subsection), 2 ems to the right. 
(b) LIMITATION.—Section 13703(d) of such title is amended to 
read as follows: 
"(d) LIMITATION.—The Board shall not take any action that 
would permit the establishment of nationwide collective ratemaking 
authority.". 
(c) EXISTING AGREEMENTS.—Section 13703(e) of such title is 
amended— 
(1) by striking "Agreements" and inserting the following: 
"(1) AGREEMENTS EXISTING AS OF DECEMBER 3I, 1995.— 
Agreements"; 
(2) by adding at the end the following: 
"(2) CASES PENDING AS OF DATE OF THE ENACTMENT.— 
Nothing in section 227 (other than subsection (b)) of the Motor 
PUBLIC LAW 106-159—DEC. 9, 1999 
113 STAT. 1773 
Carrier Safety Improvement Act of 1999, including the amend-
ments made by such section, shall be construed to affect any 
case brought under this section that is pending before the 
Board as of the date of the enactment of this paragraph."; 
and 
(3) by aligning the left margin of paragraph (1) (as des-
ignated by paragraph (1) of this subsection) with paragraph 
(2) (as added by paragraph (2) of this subsection). 
SEC. 228. DOT AUTHORITY. 
5 USC app. 
(a) IN GENERAL.—^The statutory authority of the Inspector Gen-
eral of the Department of Transportation includes authority to 
conduct, pursuant to Federal criminal statutes, investigations of 
allegations that a person or entity has engaged in fraudulent or 
other criminal activity relating to the programs and operations 
of the Department or its operating administrations. 
(b) REGULATED ENTITIES.—^The authority to conduct investiga-
tions referred to in subsection (a) extends to any person or entity 
subject to the laws and regulations of the Department or its oper-
ating administrations, whether or not they are recipients of funds 
from the Department or its operating administrations. 
Approved December 9, 1999. 
LEGISLATIVE HISTORY—H.R. 3419: 
CONGRESSIONAL RECORD, Vol. 145 (1999): 
Nov. 18, considered and passed House. 
Nov. 19, considered and passed Senate.