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H.R. 341 (ih) To establish a Fund for Environmental Priorities to be funded by a portion of the consumer savings resulting from retail electricity choice, and for other purposes. [Introduced in House] ...


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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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