Conference report on h. R. 3, Safe, accountable, flexible, efficient transportation equity act: a legacy for users

   Conference Substitute

   The conference adopts the Senate provision with technical modifications.

   The conference supports an inspection system that shall maximize the use of available technologies, including electronically verified visual inspections, whenever appropriate.

   SEC. 4119. INTERNATIONAL COOPERATION

   House Bill

   Sec. 4113.

   This section authorizes the Secretary, and thus FMCSA, to engage in international activities. This kind of authority is necessary to aid in implementing the North American Free Trade Agreement and to carry on discussions with U.S. trading partners concerning a variety of safety issues.

   Senate Bill

   Sec. 7119.

   This section would authorize the Secretary to participate in international activities to enhance motor carrier safety. FMCSA needs this authority to aid in implementing the North American Free Trade Agreement (NAFTA) and to carry on discussions with U.S. trading partners concerning a variety of safety issues.

   Conference Substitute

   The conference adopts the House approach, which has the same intent as the Senate language.

   SEC. 4120. FINANCIAL RESPONSIBILITY FOR PRIVATE MOTOR CARRIERS

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 7112.

   The section would extend to private motor carriers the existing requirement for for-hire motor carriers to maintain minimum levels of financial responsibility to cover public liability and property damage for the transportation of passengers or goods. The Secretary may require private carriers to file the same evidence of financial responsibility that is required of for-hire carriers.

   Conference Substitute

   The conference agrees to include not-for-hire motor carriers and passenger carriers in the requirement for minimum financial responsibility.

   SEC. 4121. DEPOSIT OF CERTAIN CIVIL PENALTIES INTO HIGHWAY TRUST FUND

   House Bill

   Sec. 4119.

   This section amends current law to deposit all civil penalties collected from motor carriers for violations of the Federal insurance requirements into the Highway Trust Fund, other than the Mass Transit Account.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The conference adopts the House approach.

   SEC. 4122. CDL LEARNER'S PERMIT PROGRAM

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 7152.

   Pursuant to recommendations made by the DOT Inspector General, this section would require that individuals pass a written test to obtain a CMV license learner's permit. Learner's permits would be incorporated into the CDLIS database.

   Conference Substitute

   The conference adopts the Senate approach.

   SEC. 4123. COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM MODERNIZATION

   House Bill

   Sec. 4125.

   This section creates a grant program to be used to modernize the commercial driver's license information system (CDLIS). Since the creation of CDLIS, improvements to the database and operability of the system have not kept up with improvements in technology. This program helps to modernize the system and improve the State licensing and Federal enforcement personnel's ability to access necessary information.

   This section also allows the Secretary to conduct a pilot project in 3 States to evaluate a program for sharing information about all drivers' licenses, both commercial and non-commercial, between States.

   Senate Bill

   Sec. 7154.

   This section would require the Secretary of Transportation to establish an account to be known as the ``Information System Modernization Account'' (ISMA). Fees in excess of the costs of operating the information system collected for any fiscal year beginning after FY 2006 by the Secretary of Transportation, or an organization that represents the interests of the States would be credited to the ISMA. These funds would be available only for the purpose of modernizing the information system. This section would also require the Secretary to establish a comprehensive plan for modernization of the information system and set a date by which each State must convert to the new information system. Also, within one year of enactment of this Act, the Inspector General of the Department of Transportation shall perform a baseline audit of the information system that includes an assessment of the validity of the data in the information system, an assessment of the extent to which convictions are validly posted on a driver's record, recommendations to the Secretary of Transportation on how to update the baseline audit annually to ensure that any shortcomings in the information system are addressed, and a methodology for conducting the update, and any recommendations the Inspector General feels necessary to improve the integrity of the data collected.

   Conference Substitute

   The conference adopts the House approach and includes additional Senate criteria for the modernization plan. The plan requires states to fund future efforts to modernize the commercial driver's information system. The pilot program is not included in the conference agreement. The Senate's Baseline Audit provision is adopted.

   SEC. 4124. COMMERCIAL DRIVER'S LICENSE IMPROVEMENTS

   House Bill

   Sec. 4104.

   Subsection (a) creates a new program for commercial driver's license improvement grants. These grants enable States to improve the implementation of their commercial driver's license programs. Unlike the border grants, these funds may not be used to purchase land or buildings. In order to apply for a grant, a State must first conduct a self-assessment and identify deficiencies in their commercial driver's license program. Based on these assessments, the State will then apply for the appropriate amount of funding to correct these issues. The State must also maintain an average level of commercial driver's license expenditures during the fiscal years 2003-2004. The government share for these grants is 80 percent. Five percent of these funds will be set aside for high priority commercial driver's license activities.

   Subsection (c) authorizes the Secretary to redirect up to 5 or 10 percent of the funds a State receives under this program, if the State is found to be in serious non-compliance with the commercial driver's license

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program. The penalty provisions found in the CDL statutes have been amended to encourage the Secretary, through more flexibility, to assess penalties for non-compliance.

   Senate Bill

   Sec. 7153.

   This section would allow the Secretary to make a grant to a State to improve the implementation of the commercial driver's license program, providing that the State is making a good faith effort toward substantial compliance with the requirements made in this bill. The State may use this grant for expenses related to its commercial driver's license program, but the grant may not be used to rent, lease, or buy land or buildings.

   The Secretary would reimburse a State for no more than 80 percent of the cost of the improvements and each State would be required to maintain its previous level of CDL expenditures. The Secretary could designate up to 10 percent of the funds available under this subsection for high-priority grants. The Secretary could also designate up to 10 percent of the CDL grant funds for discretionary allocations to State agencies, local governments, or other persons to deal with emerging problems. Up to 0.75 percent of the funds available for CDL grants could be deducted for administrative expenses.

   Conference Substitute

   The Conference adopts the House approach.

   SEC. 4125. HOBBS ACT

   House Bill

   Sec. 4105.

   Subsection (a) amends the Hobbs Act to make explicit the interpretation given to that act by a series of decisions of the U.S. Circuit Courts of Appeals. The Courts reviewed whether an action by FMCSA pursuant to the safety authority transferred in 1966 could still be reviewed by the Courts of Appeal, since section 2342(3)(A) applied to the commercial statutes, while section 2342(5) applied to actions of the STB. Subsection (a) ensures that both of these issues would be covered by inserting in section 2342(3)(A) a reference to ``subchapter III of chapter 311, chapter 313, and chapter 315 of Part B of subtitle VI of title 49.'' FMCSA's safety statutes are codified there, including statutes enacted after 1966. All safety statutes would thus be subject to exclusive review by the Courts of Appeal.

   Subsections (b) and (c) simply replace the term ``Federal Highway Administration'' with ``Federal Motor Carrier Safety Administration'' in 49 U.S.C. 351(a) and 352.

   Senate Bill

   Sec. 7108.

   Subsection (a) would amend the Hobbs Act to make clear that all safety statutes are subject to exclusive review by the U.S. Courts of Appeal.

   Conference Substitute

   The conference adopts both the House and Senate provision which clarify safety statutes and Court of Appeals jurisdiction.

   SEC. 4126. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS DEPLOYMENT

   House Bill

   Sec. 4109.

   This section transfers the commercial vehicle information system and networks deployment program from FHWA to FMCSA in order to streamline the grant process. This streamlined process is intended to ensure the completion of the core deployment of commercial vehicle information systems and networks. Subsection (a) provides general direction to carry out the commercial vehicle information systems and networks deployment program. Subsection (b) describes the overall purpose of the commercial vehicle information systems and networks deployment program.

   Subsection (c) requires the Secretary to make grants of up to $2.5 million for the core deployment of commercial vehicle information systems and networks. A State that has previously received funding for the core deployment of commercial vehicle information systems and networks would receive a grant that has been reduced by the amount of funds previously received for core deployment. States that have not previously received funding for core deployment would receive a grant of $2.5 million.

   Subsection (d) authorizes the Secretary to make grants to States for the expanded deployment of commercial vehicle information systems and networks. The amount of the grants is determined by the amount of funds that remain after the core deployment grants have been made and by the number of States that request an expanded deployment grant. The maximum expanded deployment grant that may be given to a State in a fiscal year would be $1 million. Only States that have completed core deployment would be eligible for an expanded deployment grant. Subsection (e) describes the eligibility requirements to receive these grants.

   Subsection (f) provides that the Federal share of grant funds under this section is 50 percent. The Federal share for funds used for commercial vehicle information systems and networks from all eligible sources would be 80 percent.

   Senate Bill

   Sec. 7121.

   This section would provide State grants to complete core deployment of the CVISN. The purpose of this program is to provide technological advances in commercial vehicle operations. ``Core deployment means the deployment of systems necessary to provide safety information exchange to electronically collect and transmit commercial vehicle and driver inspection data at a majority of inspection sites; to connect to the Safety and Fitness Electronic Records (SAFER) system for access to interstate carrier and commercial vehicle data, summaries of past safety performance, and commercial vehicle credentials information; and to exchange carrier data and commercial vehicle safety and credentials information within the State and connect to SAFER for access to interstate carrier and commercial vehicle data.

   Conference Substitute

   The conference adopts the House approach, with the inclusion of the Senate Purpose and Federal Share provision.

   SEC. 4127. OUTREACH AND EDUCATION

   House Bill

   Sec. 4120.

   This section authorizes the Secretary to conduct an outreach and education program through the FMCSA and NHTSA to promote highway safety. Elements of the program shall include a comprehensive national effort to educate commercial motor vehicle and passenger vehicle drivers about how to share the road safely with each other, as well as an emphasis on traffic enforcement aimed at reducing the most common driving behaviors that cause or contribute to crashes, similar to such programs as ``Click It or Ticket'' and drunk driving awareness campaigns. The Secretary is required to provide an annual report each year demonstrating the programs and activities carried out under this section.

   The Committee has significantly increased the funding for the outreach and education program currently conducted by FMCSA, but with this legislation, the outreach program will be jointly managed by FMCSA and NHTSA. Although the Committee believes a strong enforcement program is important for improving commercial motor vehicle and highway safety, combining enforcement activities with a robust outreach and education program is necessary to maximize the results. Also, consistent with the recommendations in the U.S. General Accounting Office report GAO-03-680, the Committee recommends that the outreach and education activities conducted by FMCSA are directly linked to the program's goal and establish a systematic process for evaluating the effectiveness of the program.

   Senate Bill

   Sec. 7122.

   The section would authorize FMCSA and NHTSA to undertake outreach and education initiatives. The ``Share the Road Safely'' program would be jointly managed by the agencies and a total of $1 million would be authorized for the program for FY 2004.

   Conference Substitute

   The conference adopts the House approach.

   SEC. 4128. SAFETY DATA IMPROVEMENT PROGRAM

   House Bill

   Sec. 4124.

   This section establishes a grant program to the States dedicated to improving the accuracy, timeliness, and completeness of the data provided to the Secretary. Prior to receiving a grant under this section, the State must complete an audit of its safety data system and develop a plan recognizing the needs and goals for improving its safety data system. The Secretary must provide a report every two years on the results of the program carried out under this section.

   The Safety Data Improvement program is intended to address safety data problems identified in the DOT Inspector General's audit of FMSCA's database. FMSCA's limited resources require focusing on the motor carriers who are considered most ``at risk''. In order to do this, the data FMCSA uses for selecting carriers must be accurate, and timely. The Committee is concerned that without additional funding, the States may have trouble improving their data reporting.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Conference adopts the House approach.

   SEC. 4129. OPERATION OF COMMERCIAL MOTOR VEHICLES BY INDIVIDUALS WHO USE INSULIN TO TREAT DIABETES MELLITUS

   House Bill

   Sec. 4121.

   This section requires the Secretary to allow individuals who use insulin to treat their diabetes to operate commercial motor vehicles in interstate commerce without requiring the individual to have experience operating a commercial motor vehicle while using insulin.

   The Committee directs FMCSA to issue a final rule to amend the current exemption program to allow individuals who use insulin to treat their diabetes to operate commercial motor vehicles in interstate commerce that is consistent with the findings of the expert medical panel report issued in July 2000. That report concluded that individuals could be qualified to operate a commercial motor vehicle following a one- to two-month period of adjustment to insulin use. This provision is intended to preempt FMSCA's notice of final disposition issued September 3, 2003, which requires an individual to have three years of experience operating a commercial motor vehicle in intrastate commerce while using insulin for treatment of diabetes before the individual could qualify to drive in

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interstate commerce. According to the American Diabetes Association, approximately 20 States do not have an intrastate exemption program for insulin-dependant commercial drivers, therefore, these drivers would never be able to meet the Federal requirement to drive in interstate commerce. The Committee is concerned that by issuing a notice of final disposition that is inconsistent with the finding of FMCSA's own expert medical panel, qualified drivers may not be able to get employed or stay employed.

   Senate Bill

   Sec. 7111.

   This section would require the Secretary to issue a final rule that will allow individuals who use insulin to treat their diabetes to operate CMV in interstate commerce. The final rule may not require that an individual have experience operating a CMV while using insulin. However, the Secretary may require a minimum period of insulin use, consistent with the findings of FMCSA's expert medical panel made in July, 2000.

   Conference Substitute

   The Conference adopts the Senate's Revision of Final Rule and No Period of Commercial Driving While Using Insulin Required for Qualification and the House's Minimum Period of Insulin Use and Limitations.

   SEC. 4130. OPERATORS OF VEHICLES TRANSPORTING AGRICULTURAL COMMODITIES AND FARM SUPPLIES

   House Bill

   Sec. 4134.

   This section continues to allow for operators of vehicles transporting agricultural commodities and farm supplies to not be subject to federal, State, and local laws, rules, regulations, or standards that limit the number of hours motor vehicle operators may remain on duty. This applies to operators transporting agricultural commodities during planting and harvest periods within a 100 air mile radius from the location of the distribution point for the farm supply.

   Senate Bill

   Sec. 7128.

   This section would cause the regulations regarding maximum driving and on-duty time for drivers used by motor carriers to not apply during planting and harvesting periods, as determined by the States, to drivers transporting agricultural commodities or farm supplies for agricultural purposes in a State, if the transportation is limited to an area within a 100 mile radius from the source of commodities or the distribution site for the farm supplies. This section also provides a definition for the terms ``agricultural commodity'' and ``farm supplies''.

   Conference Substitute

   The conference adopts the House language as the base for this section, but uses the Senate definition of ``Agricultural Commodity.''

   SEC. 4131. MAXIMUM HOURS OF SERVICE FOR OPERATORS OF GROUND WATER WELL DRILLING RIGS

   House Bill

   Sec. 4126.

   For operators of commercial motor vehicles transporting ground water well drilling rigs, this section preserves the 24-hour restart provision enacted in the NHS Designation Act and provides that no additional off-duty time (greater than 10 hours) shall be required to operate the vehicle.

   Senate Bill

   Sec. 7140.

   The Senate bill contains a similar provision to the House bill.

   Conference Substitute

   The Conference adopts the House position modified to be consistent with section 4115 of the Conference Report.

   SEC. 4132. HOURS OF SERVICE FOR OPERATORS OF UTILITY SERVICE VEHICLES

   House Bill

   Sec. 4131.

   This section provides an exemption for drivers of utility service vehicles from federal, State, and local laws, rules, regulations, or standards that limit the number of hours operators of utility service vehicles may remain on duty.

   Senate Bill

   Sec. 7128.

   The section also clarifies the regulations regarding commercial motor vehicles providing transportation of property or passengers to or from a theatrical or television motion picture production and also for utility service vehicles.

   Conference Substitute

   The conference adopts the House approach.

   SEC. 4133. HOURS OF SERVICE RULES FOR OPERATORS PROVIDING TRANSPORTATION TO MOVIE PRODUCTION SITES

   House Bill

   Sec. 4135.

   This section permits operators of commercial motor vehicles transporting property or passengers to or from a movie or television production site to be regulated by the Hours of Service regulations in effect on April 27, 2003.

   Senate Bill

   Sec. 7128.

   The section also clarifies the regulations regarding commercial motor vehicles providing transportation of property or passengers to or from a theatrical or television motion picture production.

   Conference Substitute

   The conference adopts the identical language found in the House and Senate bills.

   SEC. 4134. GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS

   House Bill

   Sec. 4122.

   This section establishes a grant program to train drivers and future drivers of commercial motor vehicles to operate such vehicles in a safe manner.

   Senate Bill

   Sec. 1413.

   This section establishes a grant program to commercial driver training schools for the purpose of providing financial assistance to entry level drivers.

   Conference Substitute

   The conference adopts the House approach.

   SEC. 4135. CDL TASK FORCE

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 7151.

   This section would require the Secretary to convene a task force to study and report on the need for improvements to the CDL program in order to improve safety. The task force would be required to address such issues as State enforcement practices, operational procedures to detect and deter fraud, needed improvements for seamless information-sharing between States, updated technology, and timely notification from judicial bodies of traffic and criminal convictions involving CDL holders. The task force would be required to submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure within two years following enactment.

   Conference Substitute

   The conference adopts the Senate approach.

   SEC. 4136. INTERSTATE VAN OPERATIONS

   House Bill

   Sec. 4130.

   This section directs the Secretary to extend the Federal motor carrier safety regulations found in 49 Code of Federal Regulations, Parts 387, 390 through 399 to all operations of commercial motor vehicles designed to transport between nine and fifteen passengers (including the driver), regardless of their operational distance. This section amends the final rule issued by the DOT on August 12, 2003.