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106th CONGRESS
1st Session
H. R. 3419
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 19, 1999
Received
_______________________________________________________________________
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. Purposes.
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 VEHICLE 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 penalties.
Sec. 207. State cooperation in registration enforcement.
Sec. 208. Imminent hazard.
Sec. 209. Household goods amendments.
Sec. 210. New motor carrier entrant requirements.
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.
SEC. 2. SECRETARY DEFINED.
In this Act, the term ``Secretary'' means the Secretary of
Transportation.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) The current rate, number, and severity of crashes
involving motor carriers in the United States are unacceptable.
(2) The number of Federal and State commercial motor
vehicle and operator inspections is insufficient and civil
penalties for violators must be utilized to deter future
violations.
(3) The Department of Transportation is failing to meet
statutorily mandated deadlines for completing rulemaking
proceedings on motor carrier safety and, in some significant
safety rulemaking proceedings, including driver hours-of-
service regulations, 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
commercial 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
implemented 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,
oversight, and enforcement activities related to commercial
motor vehicles, operators, and carriers.
SEC. 4. PURPOSES.
The purposes of this Act are--
(1) to improve the administration of the Federal motor
carrier safety program and to establish a Federal Motor Carrier
Safety Administration in the Department of Transportation; and
(2) to reduce the number and severity of large-truck
involved crashes through more commercial motor vehicle and
operator inspections and motor carrier compliance reviews,
stronger enforcement measures against violators, expedited
completion of rulemaking proceedings, scientifically sound
research, and effective commercial driver's license testing,
recordkeeping and sanctions.
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:
``Sec. 113. Federal Motor Carrier Safety Administration
``(a) In General.--The Federal Motor Carrier Safety Administration
shall be an administration of the Department of Transportation.
``(b) Safety as Highest Priority.--In carrying out its duties, the
Administration shall consider the 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 Transportation.
``(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 Administrator.
``(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
Secretary.
``(g) Limitation on Transfer of Powers and Duties.--A duty or power
specified in subsection (f)(1) may only be transferred to another part
of the Department when specifically provided by law.
``(h) Effect of Certain Decisions.--A decision of the Administrator
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 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 1\1/2\ percent of
all sums so made available, as the Secretary determines
necessary--'' and inserting ``exceed--
``(A) 1\1/6\ percent of all sums so made available,
as the Secretary determines necessary--'';
(3) by striking the period at the end of paragraph
(1)(A)(ii) (as redesignated by paragraphs (1) and (2) of this
subsection) and inserting ``; and'' and the following:
``(B) \1/3\ of 1 percent of all sums so made
available, 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 Federal
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
paragraph (1) and inserting ``; and'';
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as
paragraph (2);
(B) by striking subsection (d); and
(C) by redesignating subsection (e) as 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.''.
(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 Administration 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 Retrofitting.--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 Secretary and may be delegated.
(g) Conflicts of Interest.--
(1) Compliance with regulation.--In awarding any contract
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 Secretary 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 Transportation, 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 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 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
uniform transferability of Federal-aid highway funds, as
section 126 and moving and inserting such section after section
125 of such chapter; and
(2) in the remaining section 110, relating to revenue
aligned budget authority--
(A) in subsection (a)(2) by inserting ``and the
motor carrier safety grant program'' after ``relief)'';
and
(B) in subsection (b)(1)(A)--
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