Motor carrier Safety Improvement Act of 1999

PUBLIC LAW 106–159—DEC. 9, 1999

MOTOR CARRIER SAFETY IMPROVEMENT ACT
OF 1999

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113 STAT. 1748

PUBLIC LAW 106–159—DEC. 9, 1999

Public Law 106–159
106th Congress
An Act
Dec. 9, 1999
[H.R. 3419]
Motor Carrier
Safety
Impovement Act
of 1999.
49 USC 101 note.

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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.
Sec.
Sec.
Sec.

1.
2.
3.
4.

Short title; table of contents.
Secretary defined.
Findings.
Purposes.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE I—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
101. Establishment of Federal Motor Carrier Safety Administration.
102. Revenue aligned budget authority.
103. Additional funding for motor carrier safety grant program.
104. Motor carrier safety strategy.
105. Commercial motor vehicle safety advisory committee.
106. Saving provisions.
107. Effective date.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE II—COMMERCIAL MOTOR VEHICLE AND DRIVER SAFETY
201. Disqualifications.
202. Requirements for State participation.
203. State noncompliance.
204. Checks before issuance of driver’s licenses.
205. Registration enforcement.
206. Delinquent payment of penalties.
207. State cooperation in registration enforcement.
208. Imminent hazard.
209. Household goods amendments.
210. New motor carrier entrant requirements.
211. Certification of safety auditors.
212. Commercial van rulemaking.
213. 24-hour staffing of telephone hotline.
214. CDL school bus endorsement.
215. Medical certificate.
216. Implementation of Inspector General recommendations.
217. Periodic refiling of motor carrier identification reports.
218. Border staffing standards.
219. Foreign motor carrier penalties and disqualifications.
220. Traffic law initiative.
221. State-to-State notification of violations data.
222. Minimum and maximum assessments.
223. Motor carrier safety progress report.
224. Study of commercial motor vehicle crash causation.
225. Data collection and analysis.
226. Drug test results study.
227. Approval of agreements.
228. DOT authority.

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PUBLIC LAW 106–159—DEC. 9, 1999

113 STAT. 1749

SEC. 2. SECRETARY DEFINED.

49 USC 101 note.

In this Act, the term ‘‘Secretary’’ means the Secretary of
Transportation.
SEC. 3. FINDINGS.

49 USC 113 note.

Congress makes the following findings:
(1) The current rate, number, and severity of crashes
involving motor carriers in the United States are unacceptable.
(2) The number of Federal and State commercial motor
vehicle and operator inspections is insufficient and civil 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.

49 USC 113 note.

The purposes of this Act are—
(1) to improve the administration of the Federal motor
carrier safety program and to establish a Federal Motor Carrier
Safety Administration in the Department of Transportation;
and
(2) to reduce the number and severity of large-truck
involved crashes through more commercial motor vehicle and
operator inspections and motor carrier compliance reviews,
stronger enforcement measures against violators, expedited
completion of rulemaking proceedings, scientifically sound
research, and effective commercial driver’s license testing,
recordkeeping and sanctions.

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113 STAT. 1750

PUBLIC LAW 106–159—DEC. 9, 1999

TITLE I—FEDERAL MOTOR CARRIER
SAFETY ADMINISTRATION
SEC. 101. ESTABLISHMENT OF FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION.

(a) IN GENERAL.—Chapter 1 of title 49, United States Code,
is amended by adding at the end the following:
‘‘§ 113. Federal Motor Carrier Safety Administration
‘‘(a) IN GENERAL.—The Federal Motor Carrier Safety 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

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PUBLIC LAW 106–159—DEC. 9, 1999

113 STAT. 1751

Traffic Safety Administrator on matters related to highway and
motor carrier safety.’’.
(b) ADMINISTRATIVE EXPENSES.—Section 104(a)(1) of title 23,
United States Code, is amended—
(1) in paragraph (1) by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and by moving
the text of such clauses 2 ems to the right;
(2) in paragraph (1) by striking ‘‘exceed 11⁄2 percent of
all sums so made available, as the Secretary determines necessary—’’ and inserting ‘‘exceed—
‘‘(A) 11⁄6 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) one-third 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.’’.

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113 STAT. 1752

49 USC 31136
note.

49 USC 330 note.

Deadline.

PUBLIC LAW 106–159—DEC. 9, 1999

(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
to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
on the 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—

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PUBLIC LAW 106–159—DEC. 9, 1999

113 STAT. 1753

(A) in subsection (a)(2) by inserting ‘‘and the motor
carrier safety grant program’’ after ‘‘relief)’’; and
(B) in subsection (b)(1)(A)—
(i) by inserting ‘‘and the motor carrier safety grant
program’’ after ‘‘program)’’;
(ii) by striking ‘‘title and’’ and inserting ‘‘title,’’;
and
(iii) by inserting ‘‘, and subchapter I of chapter
311 of title 49’’ after ‘‘21st Century’’.
(b) CONFORMING AMENDMENT.—The analysis for such chapter
is amended—
(1) by striking
‘‘110. Uniform transferability of Federal-aid highway funds.’’;

(2) by inserting after the item relating to section 125 the
following:
‘‘126. Uniform transferability of Federal-aid highway funds.’’;

and
(3) in the item relating to section 163 by striking ‘‘Sec.’’.
SEC. 103. ADDITIONAL FUNDING FOR MOTOR CARRIER SAFETY GRANT
PROGRAM.

(a) IN GENERAL.—There are authorized to be appropriated out
of the Highway Trust Fund (other than the Mass Transit Account)
for the Secretary of Transportation to carry out section 31102
of title 49, United States Code, $75,000,000 for each of fiscal years
2001 through 2003.
(b) INCREASED AUTHORIZATIONS FOR MOTOR CARRIER SAFETY
GRANTS.—
(1) IN GENERAL.—Section 4003 of the Transportation Equity
Act for the 21st Century (112 Stat. 395–398) is amended by
adding at the end the following:
‘‘(i) INCREASED AUTHORIZATIONS FOR MOTOR CARRIER SAFETY
GRANTS.—The amount made available to incur obligations to carry
out section 31102 of title 49, United States Code, by section 31104(a)
of such title for each of fiscal years 2001 through 2003 shall be
increased by $65,000,000.’’.
(2) CORRESPONDING REDUCTION TO OBLIGATION CEILING.—
Section 1102 of such Act (23 U.S.C. 104 note; 112 Stat. 1115–
1118) is amended by adding at the end the following:
‘‘( j) REDUCTION IN OBLIGATION CEILING.—The limitation on
obligations imposed by subsection (a) for each of fiscal years 2001
through 2003 shall be reduced by $65,000,000.’’.
(c) MAINTENANCE OF EFFORT.—The Secretary may not make,
from funds made available by or under this section (including
any amendment made by this section), a grant to a State unless
the State first enters into a binding agreement with the Secretary
that provides that the total expenditures of amounts of the State
and its political subdivisions (not including amounts of the United
States) for the development or implementation of programs for
improving motor carrier safety and enforcement of regulations,
standards, and orders of the United States on commercial motor
vehicle safety, hazardous materials transportation safety, and
compatible State regulations, standards, and orders will be maintained at a level at least equal to the average level of such expenditures for fiscal years 1997, 1998, and 1999.

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49 USC 31104
note.

49 USC 31102
note.

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113 STAT. 1754

49 USC 31102
note.

49 USC 31100
note.

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PUBLIC LAW 106–159—DEC. 9, 1999

(d) EMERGENCY CDL GRANTS.—Section 31107 of title 49, United
States Code, is amended by adding at the end the following:
‘‘(c) EMERGENCY CDL GRANTS.—From amounts made available
by subsection (a) for a fiscal year, the Secretary of Transportation
may make a grant of up to $1,000,000 to a State whose commercial
driver’s license program may fail to meet the compliance requirements of section 31311(a).’’.
(e) STATE COMPLIANCE WITH CDL REQUIREMENTS.—
(1) WITHHOLDING OF ALLOCATION FOR NONCOMPLIANCE.—
If a State is not in substantial compliance with each requirement of section 31311 of title 49, United States Code, the
Secretary shall withhold all amounts that would be allocated,
but for this paragraph, to the State from funds made available
by or under this section (including any amendment made by
this section).
(2) PERIOD OF AVAILABILITY OF WITHHELD FUNDS.—Any
funds withheld under paragraph (1) from any State shall
remain available until June 30 of the fiscal year for which
the funds are authorized to be appropriated.
(3) ALLOCATION OF WITHHELD FUNDS AFTER COMPLIANCE.—
If, before the last day of the period for which funds are withheld
under paragraph (1) from allocation are to remain available
for allocation to a State under paragraph (2), the Secretary
determines that the State is in substantial compliance with
each requirement of section 31311 of title 49, United States
Code, the Secretary shall allocate to the State the withheld
funds.
(4) PERIOD OF AVAILABILITY OF SUBSEQUENTLY ALLOCATED
FUNDS.—Any funds allocated pursuant to paragraph (3) shall
remain available for expenditure until the last day of the first
fiscal year following the fiscal year in which the funds are
so allocated. Sums not expended at the end of such period
are released to the Secretary for reallocation.
(5) EFFECT OF NONCOMPLIANCE.—If, on June 30 of the
fiscal year in which funds are withheld from allocation under
paragraph (1), the State is not substantially complying with
each requirement of section 31311 of title 49, United States
Code, the funds are released to the Secretary for reallocation.
SEC. 104. MOTOR CARRIER SAFETY STRATEGY.

(a) SAFETY GOALS.—In conjunction with existing federally
required strategic planning efforts, the Secretary shall develop a
long-term strategy for improving commercial motor vehicle, operator, and carrier safety. The strategy shall include an annual plan
and schedule for achieving, at a minimum, the following goals:
(1) Reducing the number and rates of crashes, injuries,
and fatalities involving commercial motor vehicles.
(2) Improving the consistency and effectiveness of commercial motor vehicle, operator, and carrier enforcement and
compliance programs.
(3) Identifying and targeting enforcement efforts at highrisk commercial motor vehicles, operators, and carriers.
(4) Improving research efforts to enhance and promote
commercial motor vehicle, operator, and carrier safety and
performance.
(b) CONTENTS OF STRATEGY.—

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PUBLIC LAW 106–159—DEC. 9, 1999

113 STAT. 1755

(1) MEASURABLE GOALS.—The strategy and annual plans
under subsection (a) shall include, at a minimum, specific
numeric or measurable goals designed to achieve the strategic
goals of subsection (a). The purposes of the numeric or measurable goals are as follows:
(A) To increase the number of inspections and compliance reviews to ensure that all high-risk commercial motor
vehicles, operators, and carriers are examined.
(B) To eliminate, with meaningful safety measures,
the backlog of rulemakings.
(C) To improve the quality and effectiveness of data
bases by ensuring that all States and inspectors accurately
and promptly report complete safety information.
(D) To eliminate, with meaningful civil and criminal
penalties for violations, the backlog of enforcement cases.
(E) To provide for a sufficient number of Federal and
State safety inspectors, and provide adequate facilities and
equipment, at international border areas.
(2) RESOURCE NEEDS.—In addition, the strategy and annual
plans shall include estimates of the funds and staff resources
needed to accomplish each activity. Such estimates shall also
include the staff skills and training needed for timely and
effective accomplishment of each goal.
(3) SAVINGS CLAUSE.—In developing and assessing progress
toward meeting the measurable goals set forth in this subsection, the Secretary and the Federal Motor Carrier Safety
Administrator shall not take any action that would impinge
on the due process rights of motor carriers and drivers.
(c) SUBMISSION WITH THE PRESIDENT’S BUDGET.—Beginning
with fiscal year 2001 and each fiscal year thereafter, the Secretary
shall submit to Congress the strategy and annual plan at the
same time as the President’s budget submission.
(d) ANNUAL PERFORMANCE.—
(1) ANNUAL PERFORMANCE AGREEMENT.—For each of fiscal
years 2001 through 2003, the following officials shall enter
into annual performance agreements:
(A) The Secretary and the Federal Motor Carrier Safety
Administrator.
(B) The Administrator and the Deputy Federal Motor
Carrier Safety Administrator.
(C) The Administrator and the Chief Safety Officer
of the Federal Motor Carrier Safety Administration.
(D) The Administrator and the regulatory ombudsman
of the Administration designated by the Administrator
under subsection (f ).
(2) GOALS.—Each annual performance agreement entered
into under paragraph (1) shall include the appropriate numeric
or measurable goals of subsection (b).
(3) PROGRESS ASSESSMENT.—Consistent with the current
performance appraisal system of the Department of Transportation, the Secretary shall assess the progress of each official
(other than the Secretary) referred to in paragraph (1) toward
achieving the goals in his or her performance agreement. The
Secretary shall convey the assessment to such official, including
identification of any deficiencies that should be remediated
before the next progress assessment.

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113 STAT. 1756

PUBLIC LAW 106–159—DEC. 9, 1999

(4) ADMINISTRATION.—In deciding whether or not to award
a bonus or other achievement award to an official of the
Administration who is a party to a performance agreement
required by this subsection, the Secretary shall give substantial
weight to whether the official has made satisfactory progress
toward meeting the goals of his or her performance agreement.
(e) ACHIEVEMENT OF GOALS.—
(1) PROGRESS ASSESSMENT.—No less frequently than semiannually, the Secretary and the Administrator shall assess
the progress of the Administration toward achieving the strategic goals of subsection (a). The Secretary and the Administrator shall convey their assessment to the employees of the
Administration and shall identify any deficiencies that should
be remediated before the next progress assessment.
(2) REPORT TO CONGRESS.—The Secretary shall report
annually to Congress the contents of each performance agreement entered into under subsection (d) and the official’s
performance relative to the goals of the performance agreement.
In addition, the Secretary shall report to Congress on the
performance of the Administration relative to the goals of the
motor carrier safety strategy and annual plan under subsection
(a).
(f ) EXPEDITING REGULATORY PROCEEDINGS.—The Administrator
shall designate a regulatory ombudsman to expedite rulemaking
proceedings. The Secretary and the Administrator shall each delegate to the ombudsman such authority as may be necessary for
the ombudsman to expedite rulemaking proceedings of the Administration to comply with statutory and internal departmental deadlines, including authority to—
(1) make decisions to resolve disagreements between officials in the Administration who are participating in a rulemaking process; and
(2) ensure that sufficient staff are assigned to rulemaking
projects to meet all deadlines.
49 USC 31100
note.

SEC. 105. COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COMMITTEE.

(a) ESTABLISHMENT.—The Secretary may establish a commercial motor vehicle safety advisory committee to provide advice and
recommendations on a range of motor carrier safety issues.
(b) COMPOSITION.—The members of the advisory committee
shall be appointed by the Secretary and shall include representatives of the motor carrier industry, drivers, safety advocates, manufacturers, safety enforcement officials, law enforcement agencies
of border States, and other individuals affected by rulemakings
under consideration by the Department of Transportation. Representatives of a single interest group may not constitute a majority
of the members of the advisory committee.
(c) FUNCTION.—The advisory committee shall provide advice
to the Secretary on commercial motor vehicle safety regulations
and other matters relating to activities and functions of the Federal
Motor Carrier Safety Administration.
(d) TERMINATION DATE.—The advisory committee shall remain
in effect until September 30, 2003.
49 USC 113 note.

SEC. 106. SAVINGS PROVISION.

(a) TRANSFER OF ASSETS AND PERSONNEL.—Except as otherwise
provided in this Act and the amendments made by this Act, those

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PUBLIC LAW 106–159—DEC. 9, 1999

113 STAT. 1757

personnel, property, and records employed, used, held, available,
or to be made available in connection with a function transferred
to the Federal Motor Carrier Safety Administration by this Act
shall be transferred to the Administration for use in connection
with the functions transferred, and unexpended balances of appropriations, allocations, and other funds of the Office of Motor Carrier
Safety (including any predecessor entity) shall also be transferred
to the Administration.
(b) LEGAL DOCUMENTS.—All orders, determinations, rules, regulations, permits, grants, loans, contracts, settlements, agreements,
certificates, licenses, and privileges—
(1) that have been issued, made, granted, or allowed to
become effective by the Office, any officer or employee of the
Office, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that
is transferred by this Act or the amendments made by this
Act; and
(2) that are in effect on the effective date of such transfer
(or become effective after such date pursuant to their terms
as in effect on such effective date),
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with
law by the Administration, any other authorized official, a court
of competent jurisdiction, or operation of law.
(c) PROCEEDINGS.—
(1) IN GENERAL.—The provisions of this Act shall not affect
any proceedings or any application for any license pending
before the Office at the time this Act takes effect, insofar
as those functions are transferred by this Act; but such proceedings and applications, to the extent that they relate to
functions so transferred, shall be continued. Orders shall be
issued in such proceedings, appeals shall be taken therefrom,
and payments shall be made pursuant to such orders, as if
this Act had not been enacted; and orders issued in any such
proceedings shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a court
of competent jurisdiction, or by operation of law.
(2) STATUTORY CONSTRUCTION.—Nothing in this subsection
shall be deemed to prohibit the discontinuance or modification
of any proceeding described in paragraph (1) under the same
terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act
had not been enacted.
(3) ORDERLY TRANSFER.—The Secretary is authorized to
provide for the orderly transfer of pending proceedings from
the Office.
(d) SUITS.—
(1) IN GENERAL.—This Act shall not affect suits commenced
before the date of the enactment of this Act, except as provided
in paragraphs (2) and (3). In all such suits, proceeding shall
be had, appeals taken, and judgments rendered in the same
manner and with the same effect as if this Act had not been
enacted.
(2) SUITS BY OR AGAINST OMCS.—Any suit by or against
the Office begun before January 1, 2000, shall be continued,
insofar as it involves a function retained and transferred under
this Act, with the Administration (to the extent the suit involves

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functions transferred to the Administration under this Act)
substituted for the Office.
(3) REMANDED CASES.—If the court in a suit described
in paragraph (1) remands a case to the Administration, subsequent proceedings related to such case shall proceed in accordance with applicable law and regulations as in effect at the
time of such subsequent proceedings.
(e) CONTINUANCE OF ACTIONS AGAINST OFFICERS.—No suit,
action, or other proceeding commenced by or against any officer
in his official capacity as an officer of the Office shall abate by
reason of the enactment of this Act. No cause of action by or
against the Office, or by or against any officer thereof in his official
capacity, shall abate by reason of the enactment of this Act.
(f ) EXERCISE OF AUTHORITIES.—Except as otherwise provided
by law, an officer or employee of the Administration may, for
purposes of performing a function transferred by this Act or the
amendments made by this Act, exercise all authorities under any
other provision of law that were available with respect to the
performance of that function to the official responsible for the
performance of the function immediately before the effective date
of the transfer of the function under this Act or the amendments
made by this Act.
(g) REFERENCES.—Any reference to the Office in any Federal
law, Executive order, rule, regulation, or delegation of authority,
or any document of or pertaining to the Office or an officer or
employee of the Office is deemed to refer to the Administration
or a member or employee of the Administration, as appropriate.
SEC. 107. EFFECTIVE DATE.
49 USC 104 note.

31 USC 1105
note.

(a) IN GENERAL.—This Act shall take effect on the date of
the enactment of this Act; except that the amendments made by
section 101 shall take effect on January 1, 2000.
(b) BUDGET SUBMISSIONS.—The President’s budget submission
for fiscal year 2001 and each fiscal year thereafter shall reflect
the establishment of the Federal Motor Carrier Safety Administration in accordance with this Act.

TITLE II—COMMERCIAL MOTOR
VEHICLE AND DRIVER SAFETY
SEC. 201. DISQUALIFICATIONS.

(a) DRIVING WHILE DISQUALIFIED AND CAUSING A FATALITY.—
(1) FIRST VIOLATION.—Section 31310(b)(1) of title 49, United
States Code, is amended—
(A) by striking ‘‘or’’ at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph
(C) and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(D) committing a first violation of driving a commercial
motor vehicle when the individual’s commercial driver’s license
is revoked, suspended, or canceled based on the individual’s
operation of a commercial motor vehicle or when the individual
is disqualified from operating a commercial motor vehicle based
on the individual’s operation of a commercial motor vehicle;
or

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‘‘(E) convicted of causing a fatality through negligent or
criminal operation of a commercial motor vehicle.’’.
(2) SECOND AND MULTIPLE VIOLATIONS.—Section 31310(c)(1)
of such title is amended—
(A) by striking ‘‘or’’ at the end of subparagraph (C);
(B) by redesignating subparagraph (D) as subparagraph (F);
(C) by inserting after subparagraph (C) the following:
‘‘(D) committing more than one violation of driving a
commercial motor vehicle when the individual’s commercial
driver’s license is revoked, suspended, or canceled based on
the individual’s operation of a commercial motor vehicle or
when the individual is disqualified from operating a commercial
motor vehicle based on the individual’s operation of a commercial motor vehicle;
‘‘(E) convicted of more than one offense of causing a fatality
through negligent or criminal operation of a commercial motor
vehicle; or’’; and
(D) in subparagraph (F) (as redesignated by subparagraph (B) of this paragraph) by striking ‘‘clauses (A)–(C)
of this paragraph’’ and inserting ‘‘subparagraphs (A)
through (E)’’.
(3) CONFORMING AMENDMENT.—Section 31301(12)(C) of
such title is amended by inserting ‘‘, other than a violation
to which section 31310(b)(1)(E) or 31310(c)(1)(E) applies’’ after
‘‘a fatality’’.
(b) EMERGENCY DISQUALIFICATION; NONCOMMERCIAL MOTOR
VEHICLE CONVICTIONS.—Section 31310 of such title is amended—
(1) by redesignating subsections (f ), (g), and (h) as subsections (h), (i), and ( j), respectively;
(2) by inserting after subsection (e) the following:
‘‘(f ) EMERGENCY DISQUALIFICATION.—
‘‘(1) LIMITED DURATION.—The Secretary shall disqualify an
individual from operating a commercial motor vehicle for not
to exceed 30 days if the Secretary determines that allowing
the individual to continue to operate a commercial motor vehicle
would create an imminent hazard (as such term is defined
in section 5102).
‘‘(2) AFTER NOTICE AND HEARING.—The Secretary shall disqualify an individual from operating a commercial motor vehicle
for more than 30 days if the Secretary determines, after notice
and an opportunity for a hearing, that allowing the individual
to continue to operate a commercial motor vehicle would create
an imminent hazard (as such term is defined in section 5102).
‘‘(g) NONCOMMERCIAL MOTOR VEHICLE CONVICTIONS.—
‘‘(1) ISSUANCE OF REGULATIONS.—Not later than 1 year
after the date of the enactment of this Act, the Secretary
shall issue regulations providing for the disqualification by
the Secretary from operating a commercial motor vehicle of
an individual who holds a commercial driver’s license and who
has been convicted of—
‘‘(A) a serious offense involving a motor vehicle (other
than a commercial motor vehicle) that has resulted in
the revocation, cancellation, or suspension of the individual’s license; or
‘‘(B) a drug or alcohol related offense involving a motor
vehicle (other than a commercial motor vehicle).

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‘‘(2) REQUIREMENTS FOR REGULATIONS.—Regulations issued
under paragraph (1) shall establish the minimum periods for
which the disqualifications shall be in effect, but in no case
shall the time periods for disqualification for noncommercial
motor vehicle violations be more stringent than those for
offenses or violations involving a commercial motor vehicle.
The Secretary shall determine such periods based on the
seriousness of the offenses on which the convictions are based.’’;
and
(3) in subsection (h) (as redesignated by paragraph (1)
of this subsection) by striking ‘‘(b)–(e)’’ each place it appears
and inserting ‘‘(b) through (g)’’.
(c) SERIOUS TRAFFIC VIOLATIONS.—Section 31301(12) of such
title is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph
(G); and
(3) by inserting after subparagraph (C) the following:
‘‘(D) driving a commercial motor vehicle when the individual has not obtained a commercial driver’s license;
‘‘(E) driving a commercial motor vehicle when the individual does not have in his or her possession a commercial
driver’s license unless the individual provides, by the date
that the individual must appear in court or pay any fine with
respect to the citation, to the enforcement authority that issued
the citation proof that the individual held a valid commercial
driver’s license on the date of the citation;
‘‘(F) driving a commercial motor vehicle when the individual
has not met the minimum testing standards—
‘‘(i) under section 31305(a)(3) for the specific class of
vehicle the individual is operating; or
‘‘(ii) under section 31305(a)(5) for the type of cargo
the vehicle is carrying; and’’.
(d) CONFORMING AMENDMENTS.—Section 31305(b)(1) of such
title is amended—
(1) by striking ‘‘to operate the vehicle’’; and
(2) by inserting before the period at the end the following:
‘‘to operate the vehicle and has a commercial driver’s license
to operate the vehicle’’.
SEC. 202. REQUIREMENTS FOR STATE PARTICIPATION.

(a) REQUESTS FOR DRIVING RECORD INFORMATION.—Section
31311(a)(6) of title 49, United States Code, is amended—
(1) by inserting ‘‘or renewing such a license’’ before the
comma; and
(2) by striking ‘‘commercial’’ the second place it appears.
(b) RECORDING OF VIOLATIONS.—Section 31311(a)(8) of such
title is amended by inserting before the period at the end the
following: ‘‘, and the violation that resulted in the disqualification,
revocation, suspension, or cancellation shall be recorded’’.
(c) NOTIFICATION OF STATE OFFICIALS.—Section 31311(a)(9) of
such title is amended to read as follows:
‘‘(9) If an individual violates a State or local law on motor
vehicle traffic control (except a parking violation) and the
individual—
‘‘(A) has a commercial driver’s license issued by another
State; or

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113 STAT. 1761

‘‘(B) is operating a commercial vehicle without a
commercial driver’s license and has a driver’s license issued
by another State,
the State in which the violation occurred shall notify a State
official designated by the issuing State of the violations not
later than 10 days after the date the individual is found to
have committed the violation.’’.
(d) PROVISIONAL LICENSES.—Section 31311(a)(10) of such title
is amended—
(1) by striking ‘‘(10)’’ and inserting ‘‘(10)(A)’’; and
(2) by adding at the end the following:
‘‘(B) The State may not issue a special license or permit
(including a provisional or temporary license) to an individual
who holds a commercial driver’s license that permits the individual to drive a commercial motor vehicle during a period
in which—
‘‘(i) the individual is disqualified from operating a
commercial motor vehicle; or
‘‘(ii) the individual’s driver’s license is revoked, suspended, or canceled.’’.
(e) PENALTIES.—Section 31311(a)(13) of such title is amended—
(1) by inserting ‘‘consistent with this chapter that’’ after
‘‘penalties’’; and
(2) by striking ‘‘vehicle’’ the first place it appears and
all that follows through the period at the end and inserting
‘‘vehicle.’’.
(f ) RECORDS OF VIOLATIONS.—Section 31311(a) of such title
is amended by adding at the end the following:
‘‘(18) The State shall maintain, as part of its driver information system, a record of each violation of a State or local
motor vehicle traffic control law while operating a motor vehicle
(except a parking violation) for each individual who holds a
commercial driver’s license. The record shall be available upon
request to the individual, the Secretary, employers, prospective
employers, State licensing and law enforcement agencies, and
their authorized agents.’’.
(g) MASKING.—Section 31311(a) of such title is further amended
by adding at the end the following:
‘‘(19) The State shall—
‘‘(A) record in the driving record of an individual who
has a commercial driver’s license issued by the State; and
‘‘(B) make available to all authorized persons and
governmental entities having access to such record,
all information the State receives under paragraph (9) with
respect to the individual and every violation by the individual
involving a motor vehicle (including a commercial motor vehicle)
of a State or local law on traffic control (except a parking
violation), not later than 10 days after the date of receipt
of such information or the date of such violation, as the case
may be. The State may not allow information regarding such
violations to be withheld or masked in any way from the
record of an individual possessing a commercial driver’s
license.’’.
(h) NONCOMMERCIAL MOTOR VEHICLE CONVICTIONS.—Section
31311(a) of such title is further amended by adding at the end
the following:

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‘‘(20) The State shall revoke, suspend, or cancel the
commercial driver’s license of an individual in accordance with
regulations issued by the Secretary to carry out section
31310(g).’’.

SEC. 203. STATE NONCOMPLIANCE.

(a) IN GENERAL.—Chapter 313 of title 49, United States Code,
is amended by inserting after section 31311 the following:
‘‘§ 31312. Decertification authority
‘‘(a) IN GENERAL.—If the Secretary of Transportation determines that a State is in substantial noncompliance with this
chapter, the Secretary shall issue an order to—
‘‘(1) prohibit that State from carrying out licensing procedures under this chapter; and
‘‘(2) prohibit that State from issuing any commercial
driver’s licenses until such time the Secretary determines such
State is in substantial compliance with this chapter.
‘‘(b) EFFECT ON OTHER STATES.—A State (other than a State
subject to an order under subsection (a)) may issue a non-resident
commercial driver’s license to an individual domiciled in a State
that is prohibited from such activities under subsection (a) if that
individual meets all requirements of this chapter and the nonresident licensing requirements of the issuing State.
‘‘(c) PREVIOUSLY ISSUED LICENSES.—Nothing in this section
shall be construed as invalidating or otherwise affecting commercial
driver’s licenses issued by a State before the date of issuance
of an order under subsection (a) with respect to the State.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis for
chapter 313 of such title is amended by inserting after the item
relating to section 31311 the following:
‘‘31312. Decertification authority.’’.
SEC. 204. CHECKS BEFORE ISSUANCE OF DRIVER’S LICENSES.

Section 30304 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(e) DRIVER RECORD INQUIRY.—Before issuing a motor vehicle
operator’s license to an individual or renewing such a license, a
State shall request from the Secretary information from the
National Driver Register under section 30302 and the commercial
driver’s license information system under section 31309 on the
individual’s driving record.’’.
SEC. 205. REGISTRATION ENFORCEMENT.

Section 13902 of title 49, United States Code, is amended—
(1) by redesignating subsection (e) as subsection (f ); and
(2) by inserting after subsection (d) the following:
‘‘(e) PENALTIES FOR FAILURE TO COMPLY WITH REGISTRATION
REQUIREMENTS.—In addition to other penalties available under law,
motor carriers that fail to register their operations as required
by this section or that operate beyond the scope of their registrations
may be subject to the following penalties:
‘‘(1) OUT-OF-SERVICE ORDERS.—If, upon inspection or investigation, the Secretary determines that a motor vehicle providing transportation requiring registration under this section
is operating without a registration or beyond the scope of its
registration, the Secretary may order the vehicle out-of-service.
Subsequent to the issuance of the out-of-service order, the

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113 STAT. 1763

Secretary shall provide an opportunity for review in accordance
with section 554 of title 5, United States Code; except that
such review shall occur not later than 10 days after issuance
of such order.
‘‘(2) PERMISSION FOR OPERATIONS.—A person domiciled in
a country contiguous to the United States with respect to
which an action under subsection (c)(1)(A) or (c)(1)(B) is in
effect and providing transportation for which registration is
required under this section shall maintain evidence of such
registration in the motor vehicle when the person is providing
the transportation. The Secretary shall not permit the operation
in interstate commerce in the United States of any motor
vehicle in which there is not a copy of the registration issued
pursuant to this section.’’.
SEC. 206. DELINQUENT PAYMENT OF PENALTIES.

(a) REVOCATION OF REGISTRATION.—Section 13905(c) of title
49, United States Code, is amended—
(1) by inserting ‘‘(1) IN GENERAL.—’’ before ‘‘On application’’;
(2) by inserting ‘‘(A)’’ before ‘‘suspend’’;
(3) by striking the period at the end of the second sentence
and inserting ‘‘; and (B) suspend, amend, or revoke any part
of the registration of a motor carrier, broker, or freight forwarder: (i) for failure to pay a civil penalty imposed under
chapter 5, 51, 149, or 311 of this title; or (ii) for failure to
arrange and abide by an acceptable payment plan for such
civil penalty, within 90 days of the time specified by order
of the Secretary for the payment of such penalty. Subparagraph
(B) shall not apply to any person who is unable to pay a
civil penalty because such person is a debtor in a case under
chapter 11 of title 11, United States Code.
‘‘(2) REGULATIONS.—Not later than 12 months after the
date of the enactment of this paragraph, the Secretary, after
notice and opportunity for public comment, shall issue regulations to provide for the suspension, amendment, or revocation
of a registration under this part for failure to pay a civil
penalty as provided in paragraph (1)(B).’’; and
(4) by indenting paragraph (1) (as designated by paragraph
(1) of this section) and aligning such paragraph with paragraph
(2) of such section (as added by paragraph (3) of this section).
(b) PROHIBITED TRANSPORTATION BY COMMERCIAL MOTOR
VEHICLE OPERATORS.—Section 521(b) of such title is amended—
(1) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively; and
(2) by inserting after paragraph (7) the following:
‘‘(8) PROHIBITION ON OPERATION IN INTERSTATE COMMERCE
AFTER NONPAYMENT OF PENALTIES.—
‘‘(A) IN GENERAL.—An owner or operator of a commercial motor vehicle against whom a civil penalty is assessed
under this chapter or chapter 51, 149, or 311 of this title
and who does not pay such penalty or fails to arrange
and abide by an acceptable payment plan for such civil
penalty may not operate in interstate commerce beginning
on the 91st day after the date specified by order of the
Secretary for payment of such penalty. This paragraph
shall not apply to any person who is unable to pay a

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civil penalty because such person is a debtor in a case
under chapter 11 of title 11, United States Code.
‘‘(B) REGULATIONS.—Not later than 12 months after
the date of the enactment of this paragraph, the Secretary,
after notice and an opportunity for public comment, shall
issue regulations setting forth procedures for ordering
commercial motor vehicle owners and operators delinquent
in paying civil penalties to cease operations until payment
has been made.’’.

Deadline.

SEC. 207. STATE COOPERATION IN REGISTRATION ENFORCEMENT.

Section 31102(b)(1) of title 49, United States Code, is
amended—
(1) by aligning subparagraph (A) with subparagraph (B)
of such section; and
(2) by striking subparagraph (R) and inserting the following:
‘‘(R) ensures that the State will cooperate in the
enforcement of registration requirements under section
13902 and financial responsibility requirements under sections 13906, 31138, and 31139 and regulations issued thereunder;’’.
SEC. 208. IMMINENT HAZARD.

Section 521(b)(5)(B) of title 49, United States Code, is amended
by striking ‘‘is likely to result in’’ and inserting ‘‘substantially
increases the likelihood of ’’.
SEC. 209. HOUSEHOLD GOODS AMENDMENTS.

49 USC 14104
note.

(a) DEFINITION OF HOUSEHOLD GOODS.—Section 13102(10)(A)
of title 49, United States Code, is amended by striking ‘‘, including’’
and all that follows through ‘‘dwelling,’’ and inserting ‘‘, except
such term does not include property moving from a factory or
store, other than property that the householder has purchased
with the intent to use in his or her dwelling and is transported
at the request of, and the transportation charges are paid to the
carrier by, the householder;’’.
(b) ARBITRATION REQUIREMENTS.—Section 14708(b)(6) of such
title is amended by striking ‘‘$1,000’’ each place it appears and
inserting ‘‘$5,000’’.
(c) STUDY OF ENFORCEMENT OF CONSUMER PROTECTION RULES
IN THE HOUSEHOLD GOODS MOVING INDUSTRY.—The Comptroller
General shall conduct a study of the effectiveness of the Department
of Transportation’s enforcement of household goods consumer
protection rules under title 49, United States Code. The study
shall also include a review of other potential methods of enforcing
such rules, including allowing States to enforce such rules.
SEC. 210. NEW MOTOR CARRIER ENTRANT REQUIREMENTS.

Regulations.

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(a) SAFETY REVIEWS.—Section 31144 of title 49, United States
Code, is amended by adding at the end the following:
‘‘(c) SAFETY REVIEWS OF NEW OPERATORS.—
‘‘(1) IN GENERAL.—The Secretary shall require, by regulation, each owner and each operator granted new operating
authority, after the date on which section 31148(b) is first
implemented, to undergo a safety review within the first 18
months after the owner or operator, as the case may be, begins
operations under such authority.

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‘‘(2) ELEMENTS.—In the regulations issued pursuant to
paragraph (1), the Secretary shall establish the elements of
the safety review, including basic safety management controls.
In establishing such elements, the Secretary shall consider
their effects on small businesses and shall consider establishing
alternate locations where such reviews may be conducted for
the convenience of small businesses.
‘‘(3) PHASE-IN OF REQUIREMENT.—The Secretary shall phase
in the requirements of paragraph (1) in a manner that takes
into account the availability of certified motor carrier safety
auditors.
‘‘(4) NEW ENTRANT AUTHORITY.—Notwithstanding any other
provision of this title, any new operating authority granted
after the date on which section 31148(b) is first implemented
shall be designated as new entrant authority until the safety
review required by paragraph (1) is completed.’’.
(b) MINIMUM REQUIREMENTS.—The Secretary shall initiate a
rulemaking to establish minimum requirements for applicant motor
carriers, including foreign motor carriers, seeking Federal interstate
operating authority to ensure applicant carriers are knowledgeable
about applicable Federal motor carrier safety standards. As part
of that rulemaking, the Secretary shall consider the establishment
of a proficiency examination for applicant motor carriers as well
as other requirements to ensure such applicants understand
applicable safety regulations before being granted operating
authority.

49 USC 31144
note.

SEC. 211. CERTIFICATION OF SAFETY AUDITORS.

(a) IN GENERAL.—Chapter 311 of title 49, United States Code,
is amended by adding at the end the following:
‘‘§ 31148. Certified motor carrier safety auditors
‘‘(a) IN GENERAL.—Not later than 1 year after the date of
the enactment of this section, the Secretary of Transportation shall
complete a rulemaking to improve training and provide for the
certification of motor carrier safety auditors, including private contractors, to conduct safety inspection audits and reviews described
in subsection (b).
‘‘(b) CERTIFIED INSPECTION AUDIT REQUIREMENT.—Not later
than 1 year after completion of the rulemaking required by subsection (a), any safety inspection audit or review required by, or
based on the authority of, this chapter or chapter 5, 313, or 315
of this title and performed after December 31, 2002, shall be conducted by—
‘‘(1) a motor carrier safety auditor certified under subsection (a); or
‘‘(2) a Federal or State employee who, on the date of the
enactment of this section, was qualified to perform such an
audit or review.
‘‘(c) EXTENSION.—If the Secretary determines that subsection
(b) cannot be implemented within the 1-year period established
by that subsection and notifies the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
of the determination and the reasons therefor, the Secretary may
extend the deadline for compliance with subsection (b) by not more
than 12 months.

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‘‘(d) APPLICATION WITH OTHER AUTHORITY.—The Secretary may
not delegate the Secretary’s authority to private contractors to
issue ratings or operating authority, and nothing in this section
authorizes any private contractor to issue ratings or operating
authority.
‘‘(e) OVERSIGHT RESPONSIBILITY.—The Secretary shall have
authority over any motor carrier safety auditor certified under
subsection (a), including the authority to decertify a motor carrier
safety auditor.’’.
(b) CONFORMING AMENDMENT.—The analysis for such chapter
311 is amended by adding at the end the following:
‘‘31148. Certified motor carrier safety auditors.’’.
SEC. 212. COMMERCIAL VAN RULEMAKING.
Deadline.

Not later than 1 year after the date of the enactment of this
Act, the Secretary shall complete Department of Transportation’s
rulemaking, Docket No. FHWA–99–5710, to amend Federal motor
carrier safety regulations to determine which motor carriers operating commercial motor vehicles designed or used to transport
between 9 and 15 passengers (including the driver) for compensation
shall be covered. At a minimum, the rulemaking shall apply such
regulations to—
(1) commercial vans commonly referred to as ‘‘camionetas’’;
and
(2) those commercial vans operating in interstate commerce
outside commercial zones that have been determined to pose
serious safety risks.
In no case should the rulemaking exempt from such regulations
all motor carriers operating commercial vehicles designed or used
to transport between 9 and 15 passengers (including the driver)
for compensation.
SEC. 213. 24-HOUR STAFFING OF TELEPHONE HOTLINE.

Section 4017 of the Transportation Equity Act for the 21st
Century (49 U.S.C. 31143 note; 112 Stat. 413) is amended—
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(2) by inserting after subsection (b) the following:
‘‘(c) STAFFING.—The toll-free telephone system shall be staffed
24 hours a day 7 days a week by individuals knowledgeable about
Federal motor carrier safety regulations and procedures.’’; and
(3) in subsection (e) (as redesignated by paragraph (1)
of this section)—
(A) by striking ‘‘104(a)’’ and inserting ‘‘104(a)(1)(B)’’;
and
(B) by striking ‘‘for each of fiscal years 1999’’ and
inserting ‘‘for fiscal year 1999 and $375,000 for each of
fiscal years 2000’’.
49 USC 31305
note.
Regulations.

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SEC. 214. CDL SCHOOL BUS ENDORSEMENT.

The Secretary shall conduct a rulemaking to establish a special
commercial driver’s license endorsement for drivers of school buses.
The endorsement shall, at a minimum—
(1) include a driving skills test in a school bus; and
(2) address proper safety procedures for—
(A) loading and unloading children;
(B) using emergency exits; and
(C) traversing highway rail grade crossings.

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SEC. 215. MEDICAL CERTIFICATE.

The Secretary shall initiate a rulemaking to provide for a
Federal medical qualification certificate to be made a part of
commercial driver’s licenses.

49 USC 31305
note.
Regulations.

SEC. 216. IMPLEMENTATION OF INSPECTOR GENERAL RECOMMENDATIONS.

(a) IN GENERAL.—The Secretary shall implement the safety
improvement recommendations provided for in the Department of
Transportation Inspector General’s Report TR–1999–091, except to
the extent that such recommendations are specifically addressed
in sections 206, 208, 217, and 222 of this Act, including any amendments made by such sections.
(b) REPORTS TO CONGRESS.—
(1) REPORTS BY THE SECRETARY.—Not later than 90 days
after the date of the enactment of this Act, and every 90
days thereafter until each of the recommendations referred
to in subsection (a) has been implemented, the Secretary shall
transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a
report on the specific actions taken to implement such recommendations.
(2) REPORTS BY THE INSPECTOR GENERAL.—The Inspector
General shall periodically transmit to the committees referred
to in paragraph (1) a report assessing the Secretary’s progress
in implementing the recommendations referred to in subsection
(a) and analyzing the number of violations cited by safety
inspectors and the level of fines assessed and collected for
such violations, and of the number of cases in which there
are findings of extraordinary circumstances under section 222(c)
of this Act and the circumstances in which these findings
are made.

Deadline.

SEC. 217. PERIODIC REFILING OF MOTOR CARRIER IDENTIFICATION
REPORTS.

The Secretary shall amend section 385.21 of the Department
of Transportation’s regulations (49 CFR 385.21) to require periodic
updating, not more frequently than once every 2 years, of the
motor carrier identification report, form MCS–150, filed by each
motor carrier conducting operations in interstate or foreign commerce. The initial update shall occur not later than 1 year after
the date of the enactment of this Act.
SEC. 218. BORDER STAFFING STANDARDS.

(a) DEVELOPMENT AND IMPLEMENTATION.—Not later than 1 year
after the date of the enactment of this Act, the Secretary shall
develop and implement appropriate staffing standards for Federal
and State motor carrier safety inspectors in international border
areas.
(b) FACTORS TO BE CONSIDERED.—In developing standards
under subsection (a), the Secretary shall consider volume of traffic,
hours of operation of the border facility, types of commercial motor
vehicles, types of cargo, delineation of responsibility between Federal and State inspectors, and such other factors as the Secretary
determines appropriate.
(c) MAINTENANCE OF EFFORT.—The standards developed and
implemented under subsection (a) shall ensure that the United

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States and each State will not reduce its respective level of staffing
of motor carrier safety inspectors in international border areas
from its average level staffing for fiscal year 2000.
(d) BORDER COMMERCIAL MOTOR VEHICLE AND SAFETY
ENFORCEMENT PROGRAMS.—
(1) ENFORCEMENT.—If, on October 1, 2001, and October
1 of each fiscal year thereafter, the Secretary has not ensured
that the levels of staffing required by the standards developed
under subsection (a) are deployed, the Secretary should designate the amount made available for allocation under section
31104(f )(2)(B) of title 49, United States Code, for such fiscal
year for States, local governments, and other persons for carrying out border commercial motor vehicle safety programs
and enforcement activities and projects.
(2) ALLOCATION.—If the Secretary makes a designation of
an amount under paragraph (1), such amount shall be allocated
by the Secretary to State agencies, local governments, and
other persons that use and train qualified officers and
employees in coordination with State motor vehicle safety agencies.
(3) LIMITATION.—If the Secretary makes a designation
pursuant to paragraph (1) for a fiscal year, the Secretary may
not make a designation under section 31104(f )(2)(B) of title
49, United States Code, for such fiscal year.
49 USC 14901
note.

SEC. 219. FOREIGN MOTOR CARRIER PENALTIES AND DISQUALIFICATIONS.

(a) GENERAL RULE.—Subject to subsections (b) and (c), a foreign
motor carrier or foreign motor private carrier (as such terms are
defined under section 13102 of title 49, United States Code) that
operates without authority, before the implementation of the land
transportation provisions of the North American Free Trade Agreement, outside the boundaries of a commercial zone along the United
States-Mexico border shall be liable to the United States for a
civil penalty and shall be disqualified from operating a commercial
motor vehicle anywhere within the United States as provided in
subsections (b) and (c).
(b) PENALTY FOR INTENTIONAL VIOLATION.—The civil penalty
for an intentional violation of subsection (a) by a carrier shall
not be more than $10,000 and may include a disqualification from
operating a commercial motor vehicle anywhere within the United
States for a period of not more than 6 months.
(c) PENALTY FOR PATTERN OF INTENTIONAL VIOLATIONS.—The
civil penalty for a pattern of intentional violations of subsection
(a) by a carrier shall not be more than $25,000 and the carrier
shall be disqualified from operating a commercial motor vehicle
anywhere within the United States and the disqualification may
be permanent.
(d) LEASING.—Before the implementation of the land transportation provisions of the North American Free Trade Agreement,
during any period in which a suspension, condition, restriction,
or limitation imposed under section 13902(c) of title 49, United
States Code, applies to a motor carrier (as defined in section
13902(e) of such title), that motor carrier may not lease a commercial motor vehicle to another motor carrier or a motor private
carrier to transport property in the United States.

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(e) SAVINGS CLAUSE.—No provision of this section may be
enforced if it is inconsistent with any international agreement of
the United States.
(f ) ACTS OF EMPLOYEES.—The actions of any employee driver
of a foreign motor carrier or foreign motor private carrier committed
without the knowledge of the carrier or committed unintentionally
shall not be grounds for penalty or disqualification under this
section.
SEC. 220. TRAFFIC LAW INITIATIVE.

(a) IN GENERAL.—In cooperation with one or more States, the
Secretary may carry out a program to develop innovative methods
of improving motor carrier compliance with traffic laws. Such
methods may include the use of photography and other imaging
technologies.
(b) REPORT.—The Secretary shall transmit to Congress a report
on the results of any program conducted under this section, together
with any recommendations as the Secretary determines appropriate.
SEC. 221. STATE-TO-STATE NOTIFICATION OF VIOLATIONS DATA.

(a) DEVELOPMENT.—In cooperation with the States, the Secretary shall develop a uniform system to support the electronic
transmission of data State-to-State on convictions for all motor
vehicle traffic control law violations by individuals possessing a
commercial drivers’ licenses as required by paragraphs (9) and
(19) of section 31311(a) of title 49, United States Code.
(b) STATUS REPORT.—Not later than 2 years after the date
of the enactment of this Act, the Secretary shall transmit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the status of the implementation of this section.
SEC. 222. MINIMUM AND MAXIMUM ASSESSMENTS.

49 USC 31131
note.

49 USC 31311
note.

Deadline.

49 USC 521 note.

(a) IN GENERAL.—The Secretary of Transportation should
ensure that motor carriers operate safely by imposing civil penalties
at a level calculated to ensure prompt and sustained compliance
with Federal motor carrier safety and commercial driver’s license
laws.
(b) ESTABLISHMENT.—The Secretary—
(1) should establish and assess minimum civil penalties
for each violation of a law referred to in subsection (a); and
(2) shall assess the maximum civil penalty for each violation of a law referred to in subsection (a) by any person who
is found to have committed a pattern of violations of critical
or acute regulations issued to carry out such a law or to
have previously committed the same or a related violation
of critical or acute regulations issued to carry out such a law.
(c) EXTRAORDINARY CIRCUMSTANCES.—If the Secretary determines and documents that extraordinary circumstances exist which
merit the assessment of any civil penalty lower than any level
established under subsection (b), the Secretary may assess such
lower penalty. In cases where a person has been found to have
previously committed the same or a related violation of critical
or acute regulations issued to carry out a law referred to in subsection (a), extraordinary circumstances may be found to exist when
the Secretary determines that repetition of such violation does
not demonstrate a failure to take appropriate remedial action.

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PUBLIC LAW 106–159—DEC. 9, 1999
(d) REPORT TO CONGRESS.—
(1) IN GENERAL.—The Secretary shall conduct a study of
the effectiveness of the revised civil penalties established in
the Transportation Equity Act for the 21st Century and this
Act in ensuring prompt and sustained compliance with Federal
motor carrier safety and commercial driver’s license laws.
(2) SUBMISSION TO CONGRESS.—The Secretary shall
transmit the results of such study and any recommendations
to Congress by September 30, 2002.

SEC. 223. MOTOR CARRIER SAFETY PROGRESS REPORT.

Not later than May 25, 2000, the Secretary shall transmit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a status report on the Department
of Transportation’s quantitative progress toward reducing motor
carrier fatalities by 50 percent by the year 2009.
49 USC 31100
note.

SEC. 224. STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSATION.

(a) OBJECTIVES.—The Secretary shall conduct a comprehensive
study to determine the causes of, and contributing factors to,
crashes that involve commercial motor vehicles. The study shall
also identify data requirements and collection procedures, reports,
and other measures that will improve the Department of Transportation’s and States’ ability to—
(1) evaluate future crashes involving commercial motor
vehicles;
(2) monitor crash trends and identify causes and contributing factors; and
(3) develop effective safety improvement policies and programs.
(b) DESIGN.—The study shall be designed to yield information
that will help the Department and the States identify activities
and other measures likely to lead to significant reductions in the
frequency, severity, and rate per mile traveled of crashes involving
commercial motor vehicles, including vehicles described in section
31132(1)(B) of title 49, United States Code. As practicable, the
study shall rank such activities and measures by the reductions
each would likely achieve, if implemented.
(c) CONSULTATION.—In designing and conducting the study,
the Secretary shall consult with persons with expertise on—
(1) crash causation and prevention;
(2) commercial motor vehicles, drivers, and carriers,
including passenger carriers;
(3) highways and noncommercial motor vehicles and
drivers;
(4) Federal and State highway and motor carrier safety
programs;
(5) research methods and statistical analysis; and
(6) other relevant topics.
(d) PUBLIC COMMENT.—The Secretary shall make available for
public comment information about the objectives, methodology,
implementation, findings, and other aspects of the study.
(e) REPORTS.—
(1) IN GENERAL.—The Secretary shall promptly transmit
to Congress the results of the study, together with any legislative recommendations.

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(2) REVIEW AND UPDATE.—The Secretary shall review the
study at least once every 5 years and update the study and
report as necessary.
(f ) FUNDING.—Of the amounts made available for each of fiscal
years 2001, 2002, and 2003 under section 4003(i) of the Transportation Equity Act for the 21st Century (112 Stat. 395–398), as
added by section 103(b)(1) of this Act, $5,000,000 per fiscal year
shall be available only to carry out this section.
SEC. 225. DATA COLLECTION AND ANALYSIS.

(a) IN GENERAL.—In cooperation with the States, the Secretary
shall carry out a program to improve the collection and analysis
of data on crashes, including crash causation, involving commercial
motor vehicles.
(b) PROGRAM ADMINISTRATION.—The Secretary shall administer
the program through the National Highway Traffic Safety Administration in cooperation with the Federal Motor Carrier Safety
Administration. The National Highway Traffic Safety Administration shall—
(1) enter into agreements with the States to collect data
and report the data by electronic means to a central data
repository; and
(2) train State employees and motor carrier safety enforcement officials to assure the quality and uniformity of the data.
(c) USE OF DATA.—The National Highway Traffic Safety
Administration shall—
(1) integrate the data, including driver citation and conviction information; and
(2) make the data base available electronically to the Federal Motor Carrier Safety Administration, the States, motor
carriers, and other interested parties for problem identification,
program evaluation, planning, and other safety-related activities.
(d) REPORT.—Not later than 3 years after the date on which
the improved data program begins, the Secretary shall transmit
a report to Congress on the program, together with any recommendations the Secretary finds appropriate.
(e) FUNDING.—Of the amounts deducted under section
104(a)(1)(B) of title 23, United States Code, for each of fiscal years
2001, 2002, and 2003 $5,000,000 per fiscal year shall be available
only to carry out this section.
(f ) ADDITIONAL FUNDING FOR INFORMATION SYSTEMS.—
(1) IN GENERAL.—Of the amounts made available for each
of fiscal years 2001, 2002, and 2003 under section 4003(i)
of the Transportation Equity Act for the 21st Century (112
Stat. 395–398), as added by section 103(b)(1) of this Act,
$5,000,000 per fiscal year shall be available only to carry out
section 31106 of title 49, United States Code.
(2) AMOUNTS AS ADDITIONAL.—The amounts made available
by paragraph (1) shall be in addition to amounts made available
under section 31107 of title 49, United States Code.
SEC. 226. DRUG TEST RESULTS STUDY.

(a) IN GENERAL.—The Secretary shall conduct a study of the
feasibility and merits of—
(1) requiring medical review officers or employers to report
all verified positive controlled substances test results on any
driver subject to controlled substances testing under part 382

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note.

Contracts.

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49 USC 31306
note.

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PUBLIC LAW 106–159—DEC. 9, 1999

of title 49, Code of Federal Regulations, including the identity
of each person tested and each controlled substance found,
to the State that issued the driver’s commercial driver’s license;
and
(2) requiring all prospective employers, before hiring any
driver, to query the State that issued the driver’s commercial
driver’s license on whether the State has on record any verified
positive controlled substances test on such driver.
(b) STUDY FACTORS.—In carrying out the study under this
section, the Secretary shall assess—
(1) methods for safeguarding the confidentiality of verified
positive controlled substances test results;
(2) the costs, benefits, and safety impacts of requiring
States to maintain records of verified positive controlled substances test results; and
(3) whether a process should be established to allow
drivers—
(A) to correct errors in their records; and
(B) to expunge information from their records after
a reasonable period of time.
(c) 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 study carried out under this section, together with such
recommendations as the Secretary determines appropriate.
SEC. 227. APPROVAL OF AGREEMENTS.

(a) REVIEW.—Section 13703(c) of title 49, United States Code,
is amended—
(1) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively;
(2) by striking ‘‘The Board’’ and inserting the following:
‘‘(1) IN GENERAL.—The Board’’;
(3) by adding at the end the following:
‘‘(2) PERIODIC REVIEW OF APPROVALS.—Subject to this section, in the 5-year period beginning on the date of the enactment of this paragraph and in each 5-year period thereafter,
the Board shall initiate a proceeding to review any agreement
approved pursuant to this section. Any such agreement shall
be continued unless the Board determines otherwise.’’; and
(4) by moving the remainder of the text of paragraph
(1) (as designated by paragraph (2) of this subsection), including
subparagraphs (A) through (D) (as designated by paragraph
(1) of this subsection), 2 ems to the right.
(b) LIMITATION.—Section 13703(d) of such title is amended to
read as follows:
‘‘(d) LIMITATION.—The Board shall not take any action that
would permit the establishment of nationwide collective ratemaking
authority.’’.
(c) EXISTING AGREEMENTS.—Section 13703(e) of such title is
amended—
(1) by striking ‘‘Agreements’’ and inserting the following:
‘‘(1) AGREEMENTS EXISTING AS OF DECEMBER 31, 1995.—
Agreements’’;
(2) by adding at the end the following:
‘‘(2) CASES PENDING AS OF DATE OF THE ENACTMENT.—
Nothing in section 227 (other than subsection (b)) of the Motor

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Carrier Safety Improvement Act of 1999, including the amendments made by such section, shall be construed to affect any
case brought under this section that is pending before the
Board as of the date of the enactment of this paragraph.’’;
and
(3) by aligning the left margin of paragraph (1) (as designated by paragraph (1) of this subsection) with paragraph
(2) (as added by paragraph (2) of this subsection).
SEC. 228. DOT AUTHORITY.

5 USC app.

(a) IN GENERAL.—The statutory authority of the Inspector General of the Department of Transportation includes authority to
conduct, pursuant to Federal criminal statutes, investigations of
allegations that a person or entity has engaged in fraudulent or
other criminal activity relating to the programs and operations
of the Department or its operating administrations.
(b) REGULATED ENTITIES.—The authority to conduct investigations referred to in subsection (a) extends to any person or entity
subject to the laws and regulations of the Department or its operating administrations, whether or not they are recipients of funds
from the Department or its operating administrations.
Approved December 9, 1999.

LEGISLATIVE HISTORY—H.R. 3419:
CONGRESSIONAL RECORD, Vol. 145 (1999):
Nov. 18, considered and passed House.
Nov. 19, considered and passed Senate.

Æ

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