Moving Americans into the 21st Century
|
|
TEA-21 - Transportation Equity Act for the
21st Century Moving Americans into the 21st Century |
| |
| TEA-21 Home | DOT Home |
TITLE IV--MOTOR CARRIER SAFETY
SEC. 4001. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision of law, the
reference shall be considered to be made to a section or other provision
of title 49, United States Code.
SEC. 4002. STATEMENT OF PURPOSES.
(a) In General.--Chapter 311 is amended by inserting before section
d31101 the following:
``Sec. 31100. Purpose
``The purpose of this subchapter is to ensure that the Secretary,
States, and other political jurisdictions work in partnership to
establish programs to improve motor carrier, commercial motor vehicle,
and driver safety to support a safe and efficient transportation system
by--
``(1) focusing resources on strategic safety investments to
promote safe for-hire and private transportation, including
transportation of passengers and hazardous materials, to
identify high-risk carriers and drivers, and to invest in
activities likely to generate maximum reductions in the number
and severity of commercial motor vehicle crashes;
``(2) increasing administrative flexibility and developing
and enforcing effective, compatible, and cost-beneficial motor
carrier, commercial motor vehicle, and driver safety regulations
and practices, including improving enforcement of State and
local traffic safety laws and regulations;
``(3) assessing and improving statewide program performance
by setting program outcome goals, improving problem
identification and countermeasures planning, designing
appropriate performance standards, measures, and benchmarks,
improving performance information and analysis systems, and
monitoring program effectiveness;
``(4) ensuring that drivers of commercial motor vehicles and
enforcement personnel obtain adequate training in safe
operational practices and regulatory requirements; and
``(5) advancing promising technologies and encouraging
adoption of safe operational practices.''.
(b) Conforming Amendment.--The analysis for chapter 311 is amended
by inserting before the item relating to section 31101 the following:
``31100. Purpose.''.
SEC. 4003. STATE GRANTS.
(a) Definitions.--Section 31101 is amended--
(1) in paragraph (1)(A)--
(A) by inserting ``or gross vehicle weight'' after
``rating''; and
(B) by striking ``10,000 pounds'' and inserting
``10,001 pounds, whichever is greater''; and
(2) in paragraph (1)(C) by inserting ``and transported in a
quantity requiring placarding under regulations prescribed by
the Secretary under section 5103'' after ``title''.
(b) Performance-Based Grants and Hazardous Materials Transportation
Safety.--Section 31102 is amended--
(1) in subsection (a)--
(A) by inserting ``improving motor carrier safety
and'' after ``programs for''; and
(B) by inserting ``, hazardous materials
transportation safety,'' after ``commercial motor
vehicle safety''; and
(2) in the first sentence of paragraph (b)(1)--
(A) by striking ``adopt and assume responsibility
for enforcing'' and inserting ``assume responsibility
for improving motor carrier safety and to adopt and
enforce''; and
(B) by inserting ``, hazardous materials
transportation safety,'' after ``commercial motor
vehicle safety''.
(c) Contents of State Plans.--Section 31102(b)(1) is amended--
(1) in subparagraph (J) by inserting ``(1)'' after ``(c)'';
(2) by striking subparagraphs (K), (L), and (M) and
inserting the following:
``(K) ensures that the State agency will coordinate the
plan, data collection, and information systems with State
highway safety programs under title 23;
``(L) ensures participation in SAFETYNET and other
information systems by all appropriate jurisdictions receiving
funding under this section;
``(M) ensures that information is exchanged among the States
in a timely manner;'';
(3) in subparagraph (O)--
(A) by inserting after ``activities'' the following:
``in support of national priorities and performance
goals, including'';
(B) by striking ``to remove'' in clause (i) and
inserting ``activities aimed at removing'';
(C) by striking ``to provide'' in clause (ii) and
inserting ``activities aimed at providing'';
(D) by inserting ``and'' after the semicolon at the
end of clause (ii); and
(E) by striking clauses (iii) and (iv) and inserting
the following:
``(iii) interdiction activities affecting the
transportation of controlled substances by commercial
motor vehicle drivers and training on appropriate
strategies for carrying out those interdiction
activities;'';
(4) by striking subparagraph (P) and inserting the
following:
``(P) provides that the State will establish a program to
ensure the proper and timely correction of commercial motor
vehicle safety violations noted during an inspection carried out
with funds authorized under section 31104;'';
(5) in subparagraph (Q)--
(A) by striking ``31140 and 31146'' and inserting
``31138 and 31139''; and
(B) by striking the period at the end and inserting
a semicolon;
(6) by redesignating subparagraphs (A) through (Q) as
subparagraphs (B) through (R), respectively;
(7) by inserting before subparagraph (B) (as redesignated by
paragraph (6) of this subsection) the following:
``(A) implements performance-based activities by
fiscal year 2000;''; and
(8) by adding at the end the following:
``(S) ensures consistent, effective, and reasonable
sanctions; and
``(T) ensures that roadside inspections will be conducted at
a location that is adequate to protect the safety of drivers and
enforcement personnel.''.
(d) Federal Share.--Section 31103 is amended--
(1) by inserting ``(a) Commercial Motor Vehicle Safety
Programs and Enforcement.--'' before ``The Secretary of
Transportation'';
(2) by inserting ``improve commercial motor vehicle safety
and'' before ``enforce''; and
(3) by adding at the end the following:
``(b) Other Activities.--The Secretary may reimburse State agencies,
local governments, or other persons up to 100 percent for public
education activities authorized by section 31104(f)(2).''.
(e) Authorization of Appropriations.--Section 31104(a) is amended to
read as follows:
``(a) In General.--The following amounts are made available from the
Highway Trust Fund (other than the Mass Transit Account) for the
Secretary of Transportation to incur obligations to carry out section
31102:
``(1) Not more than $79,000,000 for fiscal year 1998.
``(2) Not more than $90,000,000 for fiscal year 1999.
``(3) Not more than $95,000,000 for fiscal year 2000.
``(4) Not more than $100,000,000 for fiscal year 2001.
``(5) Not more than $105,000,000 for fiscal year 2002.
``(6) Not more than $110,000,000 for fiscal year 2003.''.
(f) Conforming Amendment.--Section 31104(b) is amended by striking
``(1)'' and by striking paragraph (2).
(g) Allocation Criteria and Eligibility.--Section 31104 is further
amended--
(1) by striking subsections (f) and (g) and inserting the
following:
``(f) Allocation Criteria and Eligibility.--
``(1) In general.--On October 1 of each fiscal year or as
soon after that date as practicable and after making the
deduction under subsection (e), the Secretary shall allocate
amounts made available to carry out section 31102 for such
fiscal year among the States with plans approved under section
31102. Such allocation shall be made under such criteria as the
Secretary prescribes by regulation.
``(2) High-priority and border activities.--
``(A) High-priority activities and projects.--The
Secretary may designate up to 5 percent of amounts
available for allocation under paragraph (1) for States,
local governments, and other persons for carrying out
high priority activities and projects that improve
commercial motor vehicle safety and compliance with
commercial motor vehicle safety regulations, including
activities and projects that are national in scope,
increase public awareness and education, or demonstrate
new technologies. The amounts designated under this
subparagraph 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 agencies.
``(B) Border commercial motor vehicle safety and
enforcement programs.--The Secretary may designate up to
5 percent of amounts available for allocation under
paragraph (1) for States, local governments, and other
persons for carrying out border commercial motor vehicle
safety programs and enforcement activities and projects.
The amounts designated under this subparagraph 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 agencies.'';
(2) by redesignating subsection (h) as subsection (g);
(3) by striking subsection (i); and
(4) by redesignating subsection (j) as subsection (h).
(h) <<NOTE: 49 USC 31101 note.>> Savings Clause.--Amendments made
by this section shall not affect any funds made available before the
date of enactment of this Act.
SEC. 4004. INFORMATION SYSTEMS.
(a) In General.--Section 31106 is amended to read as follows:
``Sec. 31106. Information systems
``(a) Information Systems and Data Analysis.--
``(1) In general.--Subject to the provisions of this
section, the Secretary shall establish and operate motor
carrier, commercial motor vehicle, and driver information
systems and data analysis programs to support safety regulatory
and enforcement activities required under this title.
``(2) Network coordination.--In cooperation with the States,
the information systems under this section shall be coordinated
into a network providing accurate identification of motor
carriers and drivers, commercial motor vehicle registration and
license tracking, and motor carrier, commercial motor vehicle,
and driver safety performance data.
``(3) Data analysis capacity and programs.--The Secretary
shall develop and maintain under this section data analysis
capacity and programs that provide the means to--
``(A) identify and collect necessary motor carrier,
commercial motor vehicle, and driver data;
``(B) evaluate the safety fitness of motor carriers
and drivers;
``(C) develop strategies to mitigate safety problems
and to use data analysis to address and measure the
effectiveness of such strategies and related programs;
``(D) determine the cost-effectiveness of Federal
and State safety compliance and enforcement programs and
other countermeasures; and
``(E) adapt, improve, and incorporate other
information and information systems as the Secretary
determines appropriate.
``(4) Standards.--To implement this section, the Secretary
shall prescribe technical and operational standards to ensure--
``(A) uniform, timely, and accurate information
collection and reporting by the States and other
entities as determined appropriate by the Secretary;
``(B) uniform Federal, State, and local policies and
procedures necessary to operate the information system;
and
``(C) the reliability and availability of the
information to the Secretary and States.
``(b) Performance and Registration Information Program.--
``(1) Information clearinghouse.--The Secretary shall
include, as part of the motor carrier information system
authorized by this section, a program to establish and maintain
a clearinghouse and repository of information related to State
registration and licensing of commercial motor vehicles, the
registrants of such vehicles, and the motor carriers operating
such vehicles. The clearinghouse and repository may include
information on the safety fitness of each of the motor carriers
and registrants and other information the Secretary considers
appropriate, including information on motor carrier, commercial
motor vehicle, and driver safety performance.
``(2) Design.--The program shall link Federal motor carrier
safety information systems with State driver and commercial
vehicle registration and licensing systems and shall be designed
to enable a State to--
``(A) determine the safety fitness of a motor
carrier or registrant when licensing or registering the
registrant or motor carrier or while the license or
registration is in effect; and
``(B) decide, in cooperation with the Secretary,
whether and what types of sanctions or operating
limitations to impose on the motor carrier or registrant
to ensure safety.
``(3) Conditions for participation.--The Secretary shall
require States, as a condition of participation in the program,
to--
``(A) comply with the uniform policies, procedures,
and technical and operational standards prescribed by
the Secretary under subsection (a)(4); and
``(B) possess or seek authority to impose commercial
motor vehicle registration sanctions on the basis of a
Federal safety fitness determination.
``(4) Funding.--The Secretary may make available up to 50
percent of the amounts available to carry out this section by
section 31107 in each of fiscal years 1998, 1999, 2000, 2001,
2002, and 2003 to carry out this subsection. The Secretary is
encouraged to direct no less than 80 percent of amounts made
available to carry out this subsection to States that have not
previously received financial assistance to develop or implement
the information systems authorized by this section.
``(c) Commercial Motor Vehicle Driver Safety Program.--In
coordination with the information system under section 31309, the
Secretary is authorized to establish a program to improve commercial
motor vehicle driver safety. The objectives of the program shall
include--
``(1) enhancing the exchange of driver licensing information
among the States, the Federal Government, and foreign countries;
``(2) providing information to the judicial system on
commercial motor vehicle drivers;
``(3) evaluating any aspect of driver performance that the
Secretary determines appropriate; and
``(4) developing appropriate strategies and countermeasures
to improve driver safety.
``(d) Cooperative Agreements, Grants, and Contracts.--The Secretary
may carry out this section either independently or in cooperation with
other Federal departments, agencies, and
instrumentalities, or by making grants to, and entering into contracts
and cooperative agreements with, States, local governments,
associations, institutions, corporations, and other persons.
``(e) Information Availability and Privacy Protection Policy.--The
Secretary shall develop a policy on making information available from
the information systems authorized by this section and section 31309.
The policy shall be consistent with existing Federal information laws,
including regulations, and shall provide for review and correction of
such information in a timely manner.''.
(b) Contract Authority Funding.--Section 31107 is amended to read as
follows:
``Sec. 31107. Contract authority funding for information systems
``(a) Funding.--There shall be available from the Highway Trust Fund
(other than the Mass Transit Account) to carry out sections 31106 and
31309 of this title--
``(1) $6,000,000 for fiscal year 1998;
``(2) $10,000,000 for each of fiscal years 1999 and 2000;
and
``(3) $12,000,000 for each of fiscal years 2001 through
2002.
``(4) $15,000,000 for fiscal year 2003.
The amounts made available under this subsection shall remain available
until expended.
``(b) Contract Authority.--Approval by the Secretary of a grant with
funds made available under this section imposes upon the United States
Government a contractual obligation for payment of the Government's
share of costs incurred in carrying out the objectives of the grant.''.
(c) Subchapter Heading.--The heading for subchapter I of chapter 311
is amended by inserting after ``GRANTS'' the following: ``AND OTHER
COMMERCIAL MOTOR VEHICLE PROGRAMS''.
(d) Conforming Amendments.--The analysis for chapter 311 is
amended--
(1) by striking
``SUBCHAPTER I--STATE GRANTS''
and inserting
``SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE
PROGRAMS'';
and
(2) by striking the items relating to sections 31106 and
31107 and inserting the following:
``31106. Information systems.
``31107. Contract authority funding for information systems.''.
SEC. 4005. AUTOMOBILE TRANSPORTER DEFINED.
Section 31111(a) is amended--
(1) by striking ``section--'' and inserting ``section, the
following definitions apply:'';
(2) by inserting after ``(1)'' the following: ``Maxi-cube
vehicle.--The term'';
(3) by inserting after ``(2)'' the following: ``Truck
tractor.--The term'';
(4) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(5) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Automobile transporter.--The term `automobile
transporter' means any vehicle combination designed and used
specifically for the transport of assembled highway vehicles,
including truck camper units.''.
SEC. 4006. INSPECTIONS AND REPORTS.
(a) General Powers of the Secretary.--Section 31133(a)(1) is amended
by inserting ``and make contracts for'' after ``conduct''.
(b) Reports and Records.--Section 504(c) is amended by inserting
``(and, in the case of a motor carrier, a contractor)'' after
``employee''.
SEC. 4007. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS.
(a) In General.--Section 31315 is amended to read as follows:
``Sec. 31315. Waivers, exemptions, and pilot programs
``(a) Waivers.--The Secretary may grant a waiver that relieves a
person from compliance in whole or in part with a regulation issued
under this chapter or section 31136 if the Secretary determines that it
is in the public interest to grant the waiver and that the waiver is
likely to achieve a level of safety that is equivalent to, or greater
than, the level of safety that would be obtained in the absence of the
waiver--
``(1) for a period not in excess of 3 months;
``(2) limited in scope and circumstances;
``(3) for nonemergency and unique events; and
``(4) subject to such conditions as the Secretary may
impose.
``(b) Exemptions.--
``(1) In general.--Upon receipt of a request pursuant to
paragraph (3), the Secretary of Transportation may grant to a
person or class of persons an exemption from a regulation
prescribed under this chapter or section 31136 if the Secretary
finds such exemption would likely achieve a level of safety that
is equivalent to, or greater than, the level that would be
achieved absent such exemption. An exemption may be granted for
no longer than 2 years from its approval date and may be renewed
upon application to the Secretary.
``(2) Authority to revoke exemption.--The Secretary shall
immediately revoke an exemption if--
``(A) the person fails to comply with the terms and
conditions of such exemption;
``(B) the exemption has resulted in a lower level of
safety than was maintained before the exemption was
granted; or
``(C) continuation of the exemption would not be
consistent with the goals and objectives of this chapter
or section 31136, as the case may be.
``(3) Requests for exemption.--
<<NOTE: Notice. Regulations.>> Not later than 180 days after the
date of enactment of this section and after notice and an
opportunity for public comment, the Secretary shall specify by
regulation the procedures by which a person may request an
exemption. Such regulations shall, at a minimum, require the
person to provide the following information for each exemption
request:
``(A) The provisions from which the person requests
exemption.
``(B) The time period during which the requested
exemption would apply.
``(C) An analysis of the safety impacts the
requested exemption may cause.
``(D) The specific countermeasures the person would
undertake to ensure an equivalent or greater level of
safety than would be achieved absent the requested
exemption.
``(4) <<NOTE: Federal Register, publication.>> Notice and
comment.--
``(A) Upon receipt of a request.--Upon receipt of an
exemption request, the Secretary shall publish in the
Federal Register a notice explaining the request that
has been filed and shall give the public an opportunity
to inspect the safety analysis and any other relevant
information known to the Secretary and to comment on the
request. This subparagraph does not require the release
of information protected by law from public disclosure.
``(B) Upon granting a request.--Upon granting a
request for exemption, the Secretary shall publish in
the Federal Register the name of the person granted the
exemption, the provisions from which the person will be
exempt, the effective period, and all terms and
conditions of the exemption.
``(C) After denying a request.--After denying a
request for exemption, the Secretary shall publish in
the Federal Register the name of the person denied the
exemption and the reasons for such denial. The Secretary
may meet the requirement of this subparagraph by
periodically publishing in the Federal Register the
names of persons denied exemptions and the reasons for
such denials.
``(5) Applications to be dealt with promptly.--The Secretary
shall grant or deny an exemption request after a thorough review
of its safety implications, but in no case later than 180 days
after the filing date of such request.
``(6) Terms and conditions.--The Secretary shall establish
terms and conditions for each exemption to ensure that it will
likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such
exemption. The Secretary shall monitor the implementation of the
exemption to ensure compliance with its terms and conditions.
``(7) Notification of state compliance and enforcement
personnel.--Before granting a request for exemption, the
Secretary shall notify State safety compliance and enforcement
personnel, including roadside inspectors, and the public that a
person will be operating pursuant to an exemption and any terms
and conditions that will apply to the exemption.
``(c) Pilot Programs.--
``(1) In general.--The Secretary may conduct pilot programs
to evaluate alternatives to regulations relating to, or
innovative approaches to, motor carrier, commercial motor
vehicle, and driver safety. Such pilot programs may include
exemptions from a regulation prescribed under this chapter or
section 31136 if the pilot program contains, at a minimum, the
elements described in paragraph (2). <<NOTE: Federal Register,
publication.>> The Secretary shall publish in the Federal
Register a detailed description of each pilot program, including
the exemptions to be considered, and provide notice and an
opportunity for public comment before the effective date of the
program.
``(2) Program elements.--In proposing a pilot program and
before granting exemptions for purposes of a pilot program, the
Secretary shall require, as a condition of approval of the
project, that the safety measures in the project are designed to
achieve a level of safety that is equivalent to, or greater
than, the level of safety that would otherwise be achieved
through compliance with the regulations prescribed under this
chapter or section 31136. The Secretary shall include, at a
minimum, the following elements in each pilot program plan:
``(A) A scheduled life of each pilot program of not
more than 3 years.
``(B) A specific data collection and safety analysis
plan that identifies a method for comparison.
``(C) A reasonable number of participants necessary
to yield statistically valid findings.
``(D) An oversight plan to ensure that participants
comply with the terms and conditions of participation.
``(E) Adequate countermeasures to protect the health
and safety of study participants and the general public.
``(F) A plan to inform State partners and the public
about the pilot program and to identify approved
participants to safety compliance and enforcement
personnel and to the public.
``(3) Authority to revoke participation.--The Secretary
shall immediately revoke participation in a pilot program of a
motor carrier, commercial motor vehicle, or driver for failure
to comply with the terms and conditions of the pilot program or
if continued participation would not be consistent with the
goals and objectives of this chapter or section 31136, as the
case may be.
``(4) Authority to terminate program.--The Secretary shall
immediately terminate a pilot program if its continuation would
not be consistent with the goals and objectives of this chapter
or section 31136, as the case may be.
``(5) Report to congress.--At the conclusion of each pilot
program, the Secretary shall report to Congress the findings,
conclusions, and recommendations of the program, including
suggested amendments to laws and regulations that would enhance
motor carrier, commercial motor vehicle, and driver safety and
improve compliance with national safety standards.
``(d) Preemption of State Rules.--During the time period that a
waiver, exemption, or pilot program is in effect under this chapter or
section 31136, no State shall enforce any law or regulation that
conflicts with or is inconsistent with the waiver, exemption, or pilot
program with respect to a person operating under the waiver or exemption
or participating in the pilot program.''.
(b) Chapter Analysis Amendment.--The analysis for chapter 313 is
amended by striking the item relating to section 31315 and inserting the
following:
``31315. Waivers, exemptions, and pilot programs.''.
(c) Conforming Amendment.--Section 31136(e) of such title is amended
to read as follows:
``(e) Exemptions.--The Secretary may grant in accordance with
section 31315 waivers and exemptions from, or conduct pilot programs
with respect to, any regulations prescribed under this section.''.
(d) <<NOTE: 49 USC 31136 note.>> Protection of Existing
Exemptions.--The amendments made by this section shall not apply to or
otherwise affect a waiver, exemption, or pilot program in effect on the
day before the date of enactment of this Act under chapter 313 or
section 31136(e) of title 49, United States Code.
SEC. 4008. SAFETY REGULATION.
(a) Commercial Motor Vehicle Defined.--Section 31132(1) is amended--
(1) in subparagraph (A)--
(A) by inserting ``or gross vehicle weight'' after
``rating''; and
(B) by inserting ``, whichever is greater'' after
``pounds''; and
(2) in subparagraph (B) by striking ``passengers'' and all
that follows through the semicolon at the end and inserting
``more than 8 passengers (including the driver) for
compensation;''.
(b) <<NOTE: 49 USC 31136 note.>> Application of Regulations to
Certain Commercial Motor Vehicles.--Effective on the last day of the 1-
year period beginning on the date of enactment of this Act, regulations
prescribed under section 31136 of title 49, United States Code, shall
apply to operators of commercial motor vehicles described in section
31132(1)(B) of such title (as amended by subsection (a)) to the extent
that those regulations did not apply to those operators on the day
before such effective date, except to the extent that the Secretary
determines, through a rulemaking proceeding, that it is appropriate to
exempt such operators of commercial motor vehicles from the application
of those regulations.
(c) Repeal of Review Panel.--Section 31134, and the item relating to
such section in the analysis for chapter 311, are repealed.
(d) Repeal of Submission to Review Panel.--Section 31140, and the
item relating to such section in the analysis for chapter 311, are
repealed.
(e) Review Procedure.--Section 31141 is amended--
(1) by striking subsections (b) and (c) and inserting the
following:
``(b) Submission of Regulation.--A State receiving funds made
available under section 31104 that enacts a State law or issues a
regulation on commercial motor vehicle safety shall submit a copy of the
law or regulation to the Secretary immediately after the enactment or
issuance.
``(c) Review and Decisions by Secretary.--
``(1) Review.--The Secretary shall review State laws and
regulations on commercial motor vehicle safety. The Secretary
shall decide whether the State law or regulation--
``(A) has the same effect as a regulation prescribed
by the Secretary under section 31136;
``(B) is less stringent than such regulation; or
``(C) is additional to or more stringent than such
regulation.
``(2) Regulations with same effect.--If the Secretary
decides a State law or regulation has the same effect as a
regulation prescribed by the Secretary under section 31136 of
this title, the State law or regulation may be enforced.
``(3) Less stringent regulations.--If the Secretary decides
a State law or regulation is less stringent than a
regulation prescribed by the Secretary under section 31136 of
this title, the State law or regulation may not be enforced.
``(4) Additional or more stringent regulations.--If the
Secretary decides a State law or regulation is additional to or
more stringent than a regulation prescribed by the Secretary
under section 31136 of this title, the State law or regulation
may be enforced unless the Secretary also decides that--
``(A) the State law or regulation has no safety
benefit;
``(B) the State law or regulation is incompatible
with the regulation prescribed by the Secretary; or
``(C) enforcement of the State law or regulation
would cause an unreasonable burden on interstate
commerce.
``(5) Consideration of effect on interstate commerce.--In
deciding under paragraph (4) whether a State law or regulation
will cause an unreasonable burden on interstate commerce, the
Secretary may consider the effect on interstate commerce of
implementation of that law or regulation with the implementation
of all similar laws and regulations of other States.'';
(2) by striking subsection (e); and
(3) by redesignating subsections (f), (g), and (h) as
subsections (e), (f), and (g), respectively.
(f) Inspection of Safety Equipment.--Section 31142(a) is amended by
striking ``part 393 of title 49, Code of Federal Regulations'' and
inserting ``the regulations issued under section 31136''.
(g) Protection of States Participating in State Groups.--Section
31142(c)(1)(C) is amended to read as follows:
``(C) prevent a State from participating in the
activities of a voluntary group of States enforcing a
program for inspection of commercial motor vehicles;
or''.
SEC. 4009. SAFETY FITNESS.
(a) In General.--Section 31144 is amended to read as follows:
``Sec. 31144. Safety fitness of owners and operators
``(a) In General.--The Secretary shall--
``(1) determine whether an owner or operator is fit to
operate safely commercial motor vehicles;
``(2) periodically update such safety fitness
determinations;
``(3) make such final safety fitness determinations readily
available to the public; and
``(4) prescribe by <<NOTE: Regulations.>> regulation
penalties for violations of this section consistent with section
521.
``(b) Procedure.--The <<NOTE: Regulations.>> Secretary shall
maintain by regulation a procedure for determining the safety fitness of
an owner or operator. The procedure shall include, at a minimum, the
following elements:
``(1) Specific initial and continuing requirements with
which an owner or operator must comply to demonstrate safety
fitness.
``(2) A methodology the Secretary will use to determine
whether an owner or operator is fit.
``(3) Specific time frames within which the Secretary will
determine whether an owner or operator is fit.
``(c) Prohibited Transportation.--
``(1) In general.--Except as provided in sections
521(b)(5)(A) and 5113 and this subsection, an owner or operator
who the Secretary determines is not fit may not operate
commercial motor vehicles in interstate commerce beginning on
the 61st day after the date of such fitness determination and
until the Secretary determines such owner or operator is fit.
``(2) Owners or operators transporting passengers.--With
regard to owners or operators of commercial motor vehicles
designed or used to transport passengers, an owner or operator
who the Secretary determines is not fit may not operate in
interstate commerce beginning on the 46th day after the date of
such fitness determination and until the Secretary determines
such owner or operator is fit.
``(3) Owners or operators transporting hazardous material.--
With regard to owners or operators of commercial motor vehicles
designed or used to transport hazardous material for which
placarding of a motor vehicle is required under regulations
prescribed under chapter 51, an owner or operator who the
Secretary determines is not fit may not operate in interstate
commerce beginning on the 46th day after the date of such
fitness determination and until the Secretary determines such
owner or operator is fit.
``(4) Secretary's discretion.--Except for owners or
operators described in paragraphs (2) and (3), the Secretary may
allow an owner or operator who is not fit to continue operating
for an additional 60 days after the 61st day after the date of
the Secretary's fitness determination, if the Secretary
determines that such owner or operator is making a good faith
effort to become fit.
``(d) Review of Fitness Determinations.--
``(1) In general.--Not later than 45 days after an unfit
owner or operator requests a review, the Secretary shall review
such owner's or operator's compliance with those requirements
with which the owner or operator failed to comply and resulted
in the Secretary determining that the owner or operator was not
fit.
``(2) Owners or operators transporting passengers.--Not
later than 30 days after an unfit owner or operator of
commercial motor vehicles designed or used to transport
passengers requests a review, the Secretary shall review such
owner's or operator's compliance with those requirements with
which the owner or operator failed to comply and resulted in the
Secretary determining that the owner or operator was not fit.
``(3) Owners or operators transporting hazardous material.--
Not later than 30 days after an unfit owner or operator of
commercial motor vehicles designed or used to transport
hazardous material for which placarding of a motor vehicle is
required under regulations prescribed under chapter 51, the
Secretary shall review such owner's or operator's compliance
with those requirements with which the owner or operator failed
to comply and resulted in the Secretary determining that the
owner or operator was not fit.
``(e) Prohibited Government Use.--A department, agency, or
instrumentality of the United States Government may not use to provide
any transportation service an owner or operator who the Secretary has
determined is not fit until the Secretary determines such owner or
operator is fit.''.
(b) Conforming Amendment.--Section 5113 is amended by striking
subsections (a), (b), (c), and (d) and inserting the following:
``See section 31144.''.
SEC. 4010. <<NOTE: 49 USC 31161, 31162.>> REPEAL OF CERTAIN OBSOLETE
MISCELLANEOUS AUTHORITIES.
Subchapter IV of chapter 311 (including sections 31161 and 31162),
and the items relating to such subchapter and sections in the analysis
for chapter 311, are repealed.
SEC. 4011. COMMERCIAL VEHICLE OPERATORS.
(a) Commercial Motor Vehicle Defined.--Section 31301(4) is amended--
(1) in subparagraph (A)--
(A) by inserting ``or gross vehicle weight'' after
``rating'' the first 2 places it appears; and
(B) by inserting ``, whichever is greater,'' after
``pounds'' the first place it appears; and
(2) in subparagraph (C)(ii)--
(A) by inserting ``is'' before ``transporting'' each
place it appears; and
(B) by inserting ``is'' before ``not otherwise''.
(b) Prohibition on CMV Operation Without CDL.--
(1) In general.--Section 31302 of such title is amended to
read as follows:
``Sec. 31302. Commercial driver's license requirement
``No individual shall operate a commercial motor vehicle without a
valid commercial driver's license issued in accordance with section
31308. An individual operating a commercial motor vehicle may have only
one driver's license at any time.''.
(2) Conforming amendment.--The item relating to section
31302 in the analysis for chapter 313 is amended to read as
follows:
``31302. Commercial driver's license requirement.''.
(c) Unique Identifiers in CDLs.--
(1) In general.--Section 31308(2) is amended by inserting
before the semicolon ``and each license issued after January 1,
2001, include unique identifiers (which may include biometric
identifiers) to minimize fraud and duplication''.
(2) <<NOTE: 49 USC 31308 note.>> Deadline for issuance of
regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue regulations to
carry out the amendment made by paragraph (1).
(d) Commercial Driver's License Information System.--Section 31309
of such title is amended--
(1) in subsection (a) by striking ``make an agreement under
subsection (b) of this section for the operation of, or
establish under subsection (c) of this section,'' and inserting
``maintain'';
(2) by inserting after the first sentence of subsection (a)
the following: ``The system shall be coordinated with activities
carried out under section 31106.'';
(3) by striking subsections (b) and (c);
(4) by striking subsection (d)(2) and inserting the
following:
``(2) The information system under this section must accommodate any
unique identifiers required to minimize fraud or duplication of a
commercial driver's license under section 31308(2).'';
(5) by striking subsection (e) and inserting the following:
``(e) Availability of Information.--Information in the information
system shall be made available and subject to review and correction in
accordance with the policy developed under section 31106(e).'';
(6) in subsection (f) by striking ``If the Secretary
establishes an information system under this section, the'' and
inserting ``The'';
(7) by striking ``shall'' in the first sentence of
subsection (f) and inserting ``may''; and
(8) by redesignating subsections (d), (e), and (f) as
subsections (b), (c), and (d), respectively.
(e) Requirements for State Participation.--Section 31311(a) is
amended--
(1) in paragraph (15) by striking ``section 31310(b)-(e) of
this title'' and inserting ``subsections (b)-(e), (g)(1)(A), and
(g)(2) of section 31310'';
(2) by striking paragraph (17); and
(3) by redesignating paragraph (18) as paragraph (17).
(f) Repeal of Obsolete Grant Programs.--Sections 31312 and 31313,
and the items relating to such sections in the analysis for chapter 313,
are repealed.
(g) Updating Amendments.--Section 31314 is amended--
(1) by striking ``(2), (5), and (6)'' each place it appears
in subsections (a) and (b) and inserting ``(3), and (5)'';
(2) in subsection (c) by striking ``(1) Amounts'' and all
that follows through ``(2) Amounts'' and inserting ``Amounts'';
(3) by striking subsection (d); and
(4) by redesignating subsection (e) as subsection (d).
SEC. 4012. EXEMPTION FROM CERTAIN REGULATIONS FOR UTILITY SERVICE
COMMERCIAL MOTOR VEHICLE DRIVERS.
(a) In General.--Section 31502 is amended by adding at the end the
following:
``(e) Exception.--
``(1) In general.--Notwithstanding any other provision of
law, regulations issued under this section or section 31136
regarding--
``(A) maximum driving and on-duty times applicable
to operators of commercial motor vehicles,
``(B) physical testing, reporting, or recordkeeping,
and
``(C) the installation of automatic recording
devices associated with establishing the maximum driving
and on-duty times referred to in subparagraph (A),
shall not apply to any driver of a utility service vehicle
during an emergency period of not more than 30 days declared by
an elected State or local government official under paragraph
(2) in the area covered by the declaration.
``(2) Declaration of emergency.--An elected State or local
government official or elected officials of more than one State
or local government jointly may issue an emergency declaration
for purposes of paragraph (1) after notice to the Regional
Director of the Federal Highway Administration with jurisdiction
over the area covered by the declaration.
``(3) Incident report.--Within 30 days after the end of the
declared emergency period the official who issued the emergency
declaration shall file with the Regional Director a report
of each safety-related incident or accident that occurred during
the emergency period involving--
``(A) a utility service vehicle driver to which the
declaration applied; or
``(B) a utility service vehicle of the driver to
which the declaration applied.
``(4) Definitions.--In this subsection, the following
definitions apply:
``(A) Driver of a utility service vehicle.--The term
`driver of a utility service vehicle' means any driver
who is considered to be a driver of a utility service
vehicle for purposes of section 345(a)(4) of the
National Highway System Designation Act of 1995 (49
U.S.C. 31136 note; 109 Stat. 613).
``(B) Utility service vehicle.--The term `utility
service vehicle' has the meaning that term has under
section 345(e)(6) of the National Highway System
Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat
614-615).''.
(b) <<NOTE: 49 USC 31502 note.>> Continued Application of Safety
and Maintenance Requirements.--
(1) In general.--The amendment made by subsection (a) may
not be construed--
(A) to exempt any utility service vehicle from
compliance with any applicable provision of law relating
to vehicle mechanical safety, maintenance requirements,
or inspections; or
(B) to exempt any driver of a utility service
vehicle from any applicable provision of law (including
any regulation) established for the issuance,
maintenance, or periodic renewal of a commercial
driver's license for that driver.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Commercial driver's license.--The term
``commercial driver's license'' has the meaning that
term has under section 31301 of title 49, United States
Code.
(B) Driver of a utility service vehicle.--The term
``driver of a utility service vehicle'' has the meaning
that term has under section 31502(e)(2) of such title.
(C) Regulation.--The term ``regulation'' has the
meaning that term has under section 31132 of such title.
(D) Utility service vehicle.--The term ``utility
service vehicle'' has the meaning that term has under
section 345(e)(6) of the National Highway System
Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat.
614-615).
SEC. 4013. PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND
INTERNATIONAL FUEL TAX AGREEMENT.
Sections 31702, 31703, and 31708, and the items relating to such
sections in the analysis for chapter 317, are repealed.
SEC. 4014. SAFETY PERFORMANCE HISTORY OF NEW DRIVERS; LIMITATION ON
LIABILITY.
(a) In General.--
(1) In general.--Chapter 5 is amended by adding at the end
the following:
``Sec. 508. Safety performance history of new drivers;
limitation <<NOTE: Regulations.>> on liability
``(a) Limitation on Liability.--No action or proceeding for
defamation, invasion of privacy, or interference with a contract that is
based on the furnishing or use of safety performance records in
accordance with regulations issued by the Secretary may be brought
against--
``(1) a motor carrier requesting the safety performance
records of an individual under consideration for employment as a
commercial motor vehicle driver as required by and in accordance
with regulations issued by the Secretary;
``(2) a person who has complied with such a request; or
``(3) the agents or insurers of a person described in
paragraph (1) or (2).
``(b) Restrictions on Applicability.--
``(1) Motor carrier requesting.--Subsection (a) does not
apply to a motor carrier requesting safety performance records
unless--
``(A) the motor carrier and any agents of the motor
carrier have complied with the regulations issued by the
Secretary in using the records, including the
requirement that the individual who is the subject of
the records be afforded a reasonable opportunity to
review and comment on the records;
``(B) the motor carrier and any agents and insurers
of the motor carrier have taken all precautions
reasonably necessary to protect the records from
disclosure to any person, except for such an insurer,
not directly involved in deciding whether to hire that
individual; and
``(C) the motor carrier has used those records only
to assess the safety performance of the individual who
is the subject of those records in deciding whether to
hire that individual.
``(2) Person complying with requests.--Subsection (a) does
not apply to a person complying with a request for safety
performance records unless--
``(A) the complying person and any agents of the
complying person have taken all precautions reasonably
necessary to ensure the accuracy of the records and have
complied with the regulations issued by the Secretary in
furnishing the records, including the requirement that
the individual who is the subject of the records be
afforded a reasonable opportunity to review and comment
on the records; and
``(B) the complying person and any agents and
insurers of the complying person have taken all
precautions reasonably necessary to protect the records
from disclosure to any person, except for such an
insurer, not directly involved in forwarding the
records.
``(3) Persons knowingly furnishing false information.--
Subsection (a) does not apply to persons who knowingly furnish
false information.
``(c) Preemption of State and Local Law.--No State or political
subdivision thereof may enact, prescribe, issue, continue in effect, or
enforce any law (including any regulation, standard, or other provision
having the force and effect of law) that prohibits,
penalizes, or imposes liability for furnishing or using safety
performance records in accordance with regulations issued by the
Secretary to carry out this section. Notwithstanding any provision of
law, written authorization shall not be required to obtain information
on the motor vehicle driving record of an individual under consideration
for employment with a motor carrier.''.
(2) Conforming amendment.--The analysis for chapter 5 is
amended by inserting after the item relating to section 507 the
following:
``508. Safety performance history of new drivers; limitation on
liability.''.
(b) <<NOTE: 49 USC 508 note.>> Effective Date.--The amendments made
by subsection (a) shall take effect on January 31, 1999.
(c) Safety Performance History of New Drivers.--
(1) Matters to be included.--As part of the rulemaking that
the Secretary is conducting under section 114 of the Hazardous
Materials Transportation Authorization Act of 1994 (108 Stat.
1677-1678) to amend section 391.23 of title 49, Code of Federal
Regulations (or successor regulations thereto), the Secretary
shall amend such section 391.23 (in addition to the matters set
forth in such section 114) to provide protection for driver
privacy and to establish procedures for review, correction, and
rebuttal of the safety performance records of a commercial motor
vehicle driver.
(2) Completion.--The rulemaking and the amendments referred
to in paragraph (1) shall be completed by January 31, 1999.
SEC. 4015. PENALTIES.
(a) Notification of Violations and Enforcement Procedures.--Section
521(b)(1) is amended--
(1) in the third sentence of subparagraph (A) by striking
``fix a reasonable time for abatement of the violation,''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Nonapplicability to reporting and
recordkeeping violations.--Subparagraph (A) shall not
apply to reporting and recordkeeping violations.''.
(b) Civil Penalties.--Section 521(b)(2) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) In general.--Except as otherwise provided in
this subsection, any person who is determined by the
Secretary, after notice and opportunity for a hearing,
to have committed an act that is a violation of
regulations issued by the Secretary under subchapter III
of chapter 311 (except sections 31138 and 31139) or
section 31502 of this title shall be liable to the
United States for a civil penalty in an amount not to
exceed $10,000 for each offense. Notwithstanding any
other provision of this section (except subparagraph
(C)), no civil penalty shall be assessed under this
section against an employee for a violation in an amount
exceeding $2,500.'';
(2) by redesignating subparagraphs (B) and (C) as sub-
paragraphs (C) and (D), respectively; and
(3) by inserting after subparagraph (A) the following:
``(B) Recordkeeping and reporting violations.--A
person required to make a report to the Secretary,
answer
a question, or make, prepare, or preserve a record under
section 504 of this title or under any regulation issued
by the Secretary pursuant to subchapter III of chapter
311 (except sections 31138 and 31139) or section 31502
of this title about transportation by motor carrier,
motor carrier of migrant workers, or motor private
carrier, or an officer, agent, or employee of that
person--
``(i) who does not make that report, does not
specifically, completely, and truthfully answer
that question in 30 days from the date the
Secretary requires the question to be answered, or
does not make, prepare, or preserve that record in
the form and manner prescribed by the Secretary,
shall be liable to the United States for a civil
penalty in an amount not to exceed $500 for each
offense, and each day of the violation shall
constitute a separate offense, except that the
total of all civil penalties assessed against any
violator for all offenses related to any single
violation shall not exceed $5,000; or
``(ii) who knowingly falsifies, destroys,
mutilates, or changes a required report or record,
knowingly files a false report with the Secretary,
knowingly makes or causes or permits to be made a
false or incomplete entry in that record about an
operation or business fact or transaction, or
knowingly makes, prepares, or preserves a record
in violation of a regulation or order of the
Secretary, shall be liable to the United States
for a civil penalty in an amount not to exceed
$5,000 for each violation, if any such action can
be shown to have misrepresented a fact that
constitutes a violation other than a reporting or
recordkeeping violation.''.
(c) Conforming Amendments.--Section 522 is amended by striking
``(a)'' and by striking subsection (b).
SEC. 4016. AUTHORITY OVER CHARTER BUS TRANSPORTATION.
Section 14501(a) is amended to read as follows:
``(a) Motor Carriers of Passengers.--
``(1) Limitation on state law.--No State or political
subdivision thereof and no interstate agency or other political
agency of 2 or more States shall enact or enforce any law, rule,
regulation, standard, or other provision having the force and
effect of law relating to--
``(A) scheduling of interstate or intrastate
transportation (including discontinuance or reduction in
the level of service) provided by a motor carrier of
passengers subject to jurisdiction under subchapter I of
chapter 135 of this title on an interstate route;
``(B) the implementation of any change in the rates
for such transportation or for any charter
transportation except to the extent that notice, not in
excess of 30 days, of changes in schedules may be
required; or
``(C) the authority to provide intrastate or
interstate charter bus transportation.
This paragraph shall not apply to intrastate commuter bus
operations.
``(2) Matters not covered.--Paragraph (1) shall not restrict
the safety regulatory authority of a State with respect
to motor vehicles, the authority of a State to impose highway
route controls or limitations based on the size or weight of the
motor vehicle, or the authority of a State to regulate carriers
with regard to minimum amounts of financial responsibility
relating to insurance requirements and self-insurance
authorization.''.
SEC. 4017. <<NOTE: 49 USC 31143 note.>> TELEPHONE HOTLINE FOR
REPORTING SAFETY VIOLATIONS.
(a) In General.--For a period of not less than 2 years beginning on
or before the 90th day following the date of enactment of this Act, the
Secretary shall establish, maintain, and promote the use of a nationwide
toll-free telephone system to be used by drivers of commercial motor
vehicles and others to report potential violations of Federal motor
carrier safety regulations.
(b) Monitoring.--The Secretary shall monitor reports received by the
telephone system and may consider nonfrivolous information provided by
such reports in setting priorities for motor carrier safety audits and
other enforcement activities.
(c) Protection of Persons Reporting Violations.--
(1) Prohibition.--A person reporting a potential violation
to the telephone system while acting in good faith may not be
discharged, disciplined, or discriminated against regarding pay,
terms, or privileges of employment because of the reporting of
such violation.
(2) Applicability of section 31105 of title 49.--For
purposes of section 31105 of title 49, United States Code, a
violation or alleged violation of paragraph (1) shall be treated
as a violation of section 31105(a) of such title.
(d) Funding.--From amounts set aside under section 104(a) of title
23, United States Code, the Secretary may use not more than $250,000 for
each of fiscal years 1999 through 2003 to carry out this section.
SEC. 4018. INSULIN TREATED DIABETES MELLITUS. <<NOTE: 49 USC 31305
note.>>
(a) Determination.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall determine whether a
practicable and cost-effective screening, operating, and monitoring
protocol could likely be developed for insulin treated diabetes mellitus
individuals who want to operate commercial motor vehicles in interstate
commerce that would ensure a level of safety equal to or greater than
that achieved with the current prohibition on individuals with insulin
treated diabetes mellitus driving such vehicles.
(b) Compilation and Evaluation.--Prior to making the determination
in subsection (a), the Secretary shall compile and evaluate research and
other information on the effects of insulin treated diabetes mellitus on
driving performance. In preparing the compilation and evaluation, the
Secretary shall, at a minimum--
(1) consult with States that have developed and are
implementing a screening process to identify individuals with
insulin treated diabetes mellitus who may obtain waivers to
drive commercial motor vehicles in intrastate commerce;
(2) evaluate the Department's policy and actions to permit
certain insulin treated diabetes mellitus individuals who meet
selection criteria and who successfully comply with the approved
monitoring protocol to operate in other modes of transportation;
(3) assess the possible legal consequences of permitting
insulin treated diabetes mellitus individuals to drive
commercial motor vehicles in interstate commerce;
(4) analyze available data on the safety performance of
diabetic drivers of motor vehicles;
(5) assess the relevance of intrastate driving and
experiences of other modes of transportation to interstate
commercial motor vehicle operations; and
(6) consult with interested groups knowledgeable about
diabetes and related issues.
(c) Report to Congress.--If the Secretary determines that no
protocol described in subsection (a) could likely be developed, the
Secretary shall report to Congress the basis for such determination.
(d) <<NOTE: Reports.>> Initiation of Rulemaking.--If the Secretary
determines that a protocol described in subsection (a) could likely be
developed, the Secretary shall report to Congress a description of the
elements of such protocol and shall promptly initiate a rulemaking
proceeding to implement such protocol.
SEC. 4019. PERFORMANCE-BASED CDL TESTING. <<NOTE: 49 USC 31305 note.>>
(a) Review.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall complete a review of the procedures
established and implemented by States under section 31305 of title 49,
United States Code, to determine if the current system for testing is an
accurate measure and reflection of an individual's knowledge and skills
as an operator of a commercial motor vehicle and to identify methods to
improve testing and licensing standards, including identifying the
benefits and costs of a graduated licensing system.
(b) Regulations.--The Secretary may issue regulations under section
31305 of title 49, United States Code, reflecting the results of the
review.
SEC. 4020. POST-ACCIDENT ALCOHOL TESTING. <<NOTE: 49 USC 31306 note.>>
(a) Study.--The Secretary shall conduct a study of the feasibility
of utilizing law enforcement officers for conducting post-accident
alcohol testing of commercial motor vehicle operators under section
31306 of title 49, United States Code, as a method of obtaining more
timely information. The study shall also assess the impact of the
current post-accident alcohol testing requirements on motor carrier
employers, including any burden that employers may encounter in meeting
the testing requirements of such section 31306.
(b) Report.--Not later than 18 months after the date of enactment of
this Act, the Secretary shall transmit to Congress a report on the
study, together with such recommendations as the Secretary determines
appropriate.
SEC. 4021. DRIVER FATIGUE. <<NOTE: 49 USC 31305 note.>>
(a) Technologies To Reduce Fatigue of Commercial Motor Vehicle
Operators.--
(1) Development of technologies.--As part of the activities
of the Secretary relating to the fatigue of commercial motor
vehicle operators, the Secretary shall encourage the research,
development, and demonstration of technologies that may aid in
reducing such fatigue.
(2) Matters to be taken into account.--In carrying out
paragraph (1), the Secretary shall take into account--
(A) the degree to which the technology will be cost
efficient;
(B) the degree to which the technology can be
effectively used in diverse climatic regions of the
Nation; and
(C) the degree to which the application of the
technology will further emissions reductions, energy
conservation, and other transportation goals.
(3) Funding.--The Secretary may use amounts made available
under section 5001(a)(2) of this Act.
(b) Nonsedating Medications.--The Secretary shall review available
information on the effects of medications (including antihistamines) on
driver fatigue, awareness, and performance and shall consider
encouraging, if appropriate, the use of nonsedating medications
(including nonsedating antihistamines) as a means of reducing the
adverse effects of the use of other medications by drivers.
SEC. 4022. <<NOTE: 49 USC 31309 note.>> IMPROVED FLOW OF DRIVER
HISTORY PILOT PROGRAM.
(a) Pilot Program.--
(1) In general.--The Secretary shall carry out a pilot
program in cooperation with 1 or more States to improve upon the
timely exchange of pertinent driver performance and safety
records data to motor carriers.
(2) Purpose.--The purpose of the program shall be to--
(A) determine to what extent driver performance
records data, including relevant fines, penalties, and
failures to appear for a hearing or trial, should be
included as part of any information systems under the
Department of Transportation's oversight;
(B) assess the feasibility, costs, safety impact,
pricing impact, and benefits of record exchanges; and
(C) assess methods for the efficient exchange of
driver safety data available from existing State
information systems and sources.
(3) Completion date.--The pilot program shall end on the
last day of the 18-month period beginning on the date of
initiation of the pilot program.
(b) Rulemaking.--After completion of the pilot program, the
Secretary shall initiate, if appropriate, a rulemaking to revise the
information system under section 31309 of title 49, United States Code,
to take into account the results of the pilot program.
SEC. 4023. EMPLOYEE PROTECTIONS. <<NOTE: Reports. 49 USC 31105 note.>>
Not later than 2 years after the date of enactment of this Act, the
Secretary, in conjunction with the Secretary of Labor, shall report to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives on the effectiveness of existing statutory employee
protections provided for under section 31105 of title 49, United States
Code. The report shall include recommendations to address any statutory
changes necessary to strengthen the enforcement of such employee
protection provisions.
SEC. 4024. IMPROVED INTERSTATE SCHOOL BUS SAFETY. <<NOTE: Regulations. 49 USC 31136 note.>>
Not later than 6 months after the date of enactment of this Act, the
Secretary shall initiate a rulemaking proceeding to determine whether or
not relevant commercial motor carrier safety regulations issued under
section 31136 of title 49, United States Code, should apply to all
interstate school transportation operations by local educational
agencies (as defined in section 14101 of the Elementary and Secondary
Education Act of 1965).
SEC. 4025. TRUCK TRAILER CONSPICUITY. <<NOTE: Regulations. 49 USC 507
note.>>
(a) Issuance of Final Rule.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue a final rule regarding
the conspicuity of trailers manufactured before December 1, 1993.
(b) Considerations.--In conducting the rulemaking under subsection
(a), the Secretary shall consider, at a minimum, the following:
(1) The cost-effectiveness of any requirement to retrofit
trailers manufactured before December 1, 1993.
(2) The extent to which motor carriers have voluntarily
taken steps to increase equipment visibility.
(3) Regulatory flexibility to accommodate differing trailer
designs and configurations, such as tank trucks.
SEC. 4026. DOT IMPLEMENTATION PLAN.
(a) Assessment.--Not later than 18 months after the date of
enactment of this section, the Secretary shall assess the scope of the
problem of shippers, freight forwarders, brokers, consignees, or other
persons (other than rail carriers, motor carriers, motor carriers of
migrant workers, or motor private carriers) encouraging violations of
chapter 5 of title 49, United States Code, or a regulation or order
issued by the Secretary under such chapter.
(b) Submission of Implementation Plan.--After completion of the
assessment under subsection (a), the Secretary may submit to the
Congress a plan for implementing authority (if subsequently provided by
law) to investigate and bring civil actions to enforce chapter 5 of
title 49, United States Code, or regulations or orders issued by the
Secretary under such chapter with respect to persons described in
subsection (a).
(c) Contents of Implementation Plan.--In developing the
implementation plan under subsection (b), the Secretary shall consider,
as appropriate--
(1) in what circumstances the Secretary would exercise the
new authority;
(2) how the Secretary would determine that shippers, freight
forwarders, brokers, consignees, or other persons committed
violations described in subsection (a), including what types of
evidence would be conclusive;
(3) what procedures would be necessary during investigations
to ensure the confidentiality of shipper contract terms prior to
the Secretary's findings of violations;
(4) what impact the exercise of the new authority would have
on the Secretary's resources, including whether additional
investigative or legal resources would be necessary and whether
the staff would need specialized education or training to
exercise properly such authority;
(5) to what extent the Secretary would conduct educational
activities for persons who would be subject to the new
authority; and
(6) any other information that would assist the Congress in
determining whether to provide the Secretary the new authority.
SEC. 4027. STUDY OF ADEQUACY OF PARKING FACILITIES. <<NOTE: 49 USC 31502
note.>>
(a) Study.--The Secretary shall conduct a study to determine the
location and quantity of parking facilities at commercial truck stops
and travel plazas and public rest areas that could be used by motor
carriers to comply with Federal hours of service rules. The study shall
include an inventory of current facilities serving the National Highway
System, analyze where shortages exist or are projected to exist, and
propose a plan to reduce the shortages. The study may be carried out in
cooperation with research entities representing motor carriers, the
travel plaza industry, and commercial motor vehicle drivers.
(b) Report.--Not later than the 3 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress a report
on the results of the study with any recommendations the Secretary
determines appropriate as a result of the study.
(c) Funding.--From amounts set aside under section 104(a) of title
23, United States Code, for each of fiscal years 1999, 2000, and 2001,
the Secretary may use not to exceed $500,000 per fiscal year to carry
out this section.
SEC. 4028. QUALIFICATIONS OF FOREIGN MOTOR CARRIERS.
(a) Review.--Not later than 90 days after the date of enactment of
this Act, the Secretary shall review--
(1) the qualifications of any foreign motor carrier, the
application for which has not been processed due to the
moratorium on the granting of authority to foreign carriers to
operate in the United States, to operate as a motor carrier in
the United States; and
(2) the carrier's likely ability to comply with applicable
laws and regulations of the United States.
(b) Use of Review.--The review conducted under subsection (a) shall
not constitute a finding by the Secretary under section 13902 of title
49, United States Code, that a motor carrier is willing and able to
comply with requirements of such section. The results of the review may
be used by the Secretary as the Secretary determines appropriate.
(c) Report.--Not later than 120 days after the date of enactment
this Act, the Secretary shall submit a report on the results of the
review to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives. The report shall include--
(1) any findings made by the Secretary under subsection (a);
(2) information on which carriers have applied to the
Department of Transportation under that section; and
(3) a description of the process utilized to respond to such
applications and to review the safety fitness of those carriers.
SEC. 4029. FEDERAL MOTOR CARRIER SAFETY INSPECTORS.
The Department of Transportation shall maintain at least the number
of Federal motor carrier safety inspectors for international border
commercial vehicle inspections as in effect on September 30, 1997, or
provide for alternative resources and mechanisms to ensure at least an
equivalent level of commercial motor vehicle safety inspections. Such
funds as are necessary to carry out this section shall be made available
within the limitation on general operating expenses of the Department of
Transportation.
SEC. 4030. SCHOOL TRANSPORTATION SAFETY. <<NOTE: Contracts. 23 USC 403
note.>>
(a) Study.--Not later than 3 months after the date of enactment of
this Act, the Secretary shall offer to enter into an agreement with the
Transportation Research Board of the National Academy of Sciences to
conduct, subject to the availability of appropriations, a study of the
safety issues attendant to the transportation of school children to and
from school and school-related activities by various transportation
modes.
(b) Terms of Agreement.--The agreement under subsection (a) shall
provide that--
(1) the Transportation Research Board, in conducting the
study, shall consider--
(A) in consultation with the National Transportation
Safety Board, the Bureau of Transportation Statistics,
and other relevant entities, available crash injury
data;
(B) vehicle design and driver training requirements,
routing, and operational factors that affect safety; and
(C) other factors that the Secretary considers to be
appropriate;
(2) if the data referred to in paragraph (1)(A) is
unavailable or insufficient, the Transportation Research Board
shall recommend a new data collection regimen and implementation
guidelines; and
(3) a panel shall conduct the study and shall include--
(A) representatives of--
(i) highway safety organizations;
(ii) school transportation;
(iii) mass transportation operators;
(iv) employee organizations; and
(v) bicycling organizations;
(B) academic and policy analysts; and
(C) other interested parties.
(c) Report.--Not later than 12 months after the Secretary enters
into an agreement under subsection (a), 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 that contains the results of the study.
(d) Authorization.--There are authorized to be appropriated to the
Department of Transportation to carry out this section $200,000 for
fiscal year 2000 and $200,000 for fiscal year 2001. Such sums shall
remain available until expended.
SEC. 4031. DESIGNATION OF NEW MEXICO COMMERCIAL ZONE.
(a) General Rule.--Notwithstanding the provisions of section
13902(c)(4)(A) of title 49, United States Code, the New Mexico
Commercial Zone shall be a commercial zone for purposes of
transportation of property only under section 13506(b) of such title.
(b) Consultation.--In carrying out this section, the Secretary shall
consult with other Federal agencies that have responsibilities over
traffic between the United States and Mexico.
(c) Submission of Plan.--Not later than 3 months after the date of
enactment of this Act, the State of New Mexico shall submit to the
Secretary a plan describing how the State will monitor commercial motor
vehicle traffic and enforce safety regulations.
(d) Savings Provision.--Nothing in this section shall affect any
action commenced or pending before the Secretary or Surface
Transportation Board before the date of enactment of this Act.
(e) New Mexico Commercial Zone Defined.--In this section, the term
``New Mexico Commercial Zone'' means the area that is comprised of Dona
Ana County and Luna County in New Mexico.
(f) Designation.--The designation and operation of the New Mexico
Commercial Zone shall become effective upon the date of enactment of
this Act.
SEC. 4032. EFFECTS OF MCSAP GRANT REDUCTIONS. <<NOTE: 49 USC 31102
note.>>
(a) Study.--The Secretary shall conduct a study on the effects of
reductions of grants under section 31102 of title 49, United States
Code, due to nonconformity of State intrastate motor carrier, commercial
motor vehicle, and driver requirements with Federal interstate
requirements. In conducting the study, the Secretary shall consider, at
a minimum--
(1) national uniformity and the purposes of the motor
carrier safety assistance program;
(2) State motor carrier, commercial motor vehicle, and
driver safety oversight and enforcement capabilities; and
(3) the safety impacts, costs, and benefits of full
participation in the program.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on the
results of the study.
(c) Adjustment of State Allocations.--The Secretary is authorized to
adjust State allocations under section 31103 of title 49, United States
Code, to reflect the results of the study.
