Signed Legislation: Surface Transportation Reauthorization and Reform Act of 2015 (Part 14)

Read part I of  Surface Transportation Reauthorization and Reform Act of 2015

SEC. 5102. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS MANAGEMENT.

Section 31106(b) of title 49, United States Code, is amended in the subheading by striking `Program' and inserting `Systems Management'.

SEC. 5103. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- Subchapter I of chapter 311 of title 49, United States Code, is amended by adding at the end the following:

`Sec. 31110. Authorization of appropriations

`(a) Administrative Expenses- There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation to pay administrative expenses of the Federal Motor Carrier Safety Administration--

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`(1) $259,000,000 for fiscal year 2016;

`(2) $259,000,000 for fiscal year 2017;

`(3) $259,000,000 for fiscal year 2018;

`(4) $259,000,000 for fiscal year 2019;

`(5) $259,000,000 for fiscal year 2020; and

`(6) $259,000,000 for fiscal year 2021.

`(b) Use of Funds- The funds authorized by this section shall be used for--

`(1) personnel costs;

`(2) administrative infrastructure;

`(3) rent;

`(4) information technology;

`(5) programs for research and technology, information management, regulatory development, and the administration of performance and registration information systems management under section 31106(b);

`(6) programs for outreach and education under subsection (c);

`(7) other operating expenses;

`(8) conducting safety reviews of new operators; and

`(9) such other expenses as may from time to time become necessary to implement statutory mandates of the Federal Motor Carrier Safety Administration not funded from other sources.

`(c) Outreach and Education Program-

`(1) IN GENERAL- The Secretary may conduct, through any combination of grants, contracts, cooperative agreements, and other activities, an internal and external outreach and education program to be administered by the Administrator of the Federal Motor Carrier Safety Administration.

`(2) FEDERAL SHARE- The Federal share of an outreach and education project for which a grant, contract, or cooperative agreement is made under this subsection may be up to 100 percent of the cost of the project.

`(3) FUNDING- From amounts made available under subsection (a), the Secretary shall make available not more than $4,000,000 each fiscal year.

`(d) Contract Authority; Initial Date of Availability- Amounts authorized from the Highway Trust Fund (other than the Mass Transit Account) by this section shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.

`(e) Funding Availability- Amounts made available under this section shall remain available until expended.

`(f) Contractual Obligation- The approval of funds by the Secretary under this section is a contractual obligation of the Federal Government for payment of the Federal Government's share of costs.'.

(b) Clerical Amendment- The analysis for chapter 311 of title 49, United States Code, is amended by adding at the end of the items relating to subchapter I the following:

`31110. Authorization of appropriations.'.

(c) Conforming Amendments-

(1) ADMINISTRATIVE EXPENSES; AUTHORIZATION OF APPROPRIATIONS- Section 31104 of title 49, United States Code, is amended--

(A) by striking subsection (i); and

(B) by redesignating subsections (j) and (k) as subsections (i) and (j), respectively.

(2) USE OF AMOUNTS MADE AVAILABLE UNDER SUBSECTION (i)- Section 4116(d) of SAFETEA-LU (49 U.S.C. 31104 note) is amended by striking `section 31104(i)' and inserting `section 31110'.

(3) INTERNAL COOPERATION- Section 31161 of title 49, United States Code, is amended by striking `section 31104(i)' and inserting `section 31110'.

(4) SAFETEA-LU; OUTREACH AND EDUCATION- Section 4127 of SAFETEA-LU (119 Stat. 1741; Public Law 109-59), and the item relating to that section in the table of contents contained in section 1(b) of that Act, are repealed.

SEC. 5104. COMMERCIAL DRIVER'S LICENSE PROGRAM IMPLEMENTATION.

(a) In General- Section 31313 of title 49, United States Code, is amended to read as follows:

`Sec. 31313. Commercial driver's license program implementation financial assistance program

`(a) In General- The Secretary of Transportation shall administer a financial assistance program for commercial driver's license program implementation for the purposes described in paragraphs (1) and (2).

`(1) STATE COMMERCIAL DRIVER'S LICENSE PROGRAM IMPLEMENTATION GRANTS- In carrying out the program, the Secretary may make a grant to a State agency in a fiscal year--

`(A) to assist the State in complying with the requirements of section 31311; and

`(B) in the case of a State that is making a good faith effort toward substantial compliance with the requirements of section 31311, to improve the State's implementation of its commercial driver's license program, including expenses--

`(i) for computer hardware and software;

`(ii) for publications, testing, personnel, training, and quality control;

`(iii) for commercial driver's license program coordinators; and

`(iv) to implement or maintain a system to notify an employer of an operator of a commercial motor vehicle of the suspension or revocation of the operator's commercial driver's license consistent with the standards developed under section 32303(b) of the Commercial Motor Vehicle Safety Enhancement Act of 2012 (49 U.S.C. 31304 note).

`(2) PRIORITY ACTIVITIES- The Secretary may make a grant to or enter into a cooperative agreement with a State agency, local government, or any person in a fiscal year for research, development and testing, demonstration projects, public education, and other special activities and projects relating to commercial drivers licensing and motor vehicle safety that--

`(A) benefit all jurisdictions of the United States;

`(B) address national safety concerns and circumstances;

`(C) address emerging issues relating to commercial driver's license improvements;

`(D) support innovative ideas and solutions to commercial driver's license program issues; or

`(E) address other commercial driver's license issues, as determined by the Secretary.

`(b) Prohibitions- A recipient may not use financial assistance funds awarded under this section to rent, lease, or buy land or buildings.

`(c) Report- The Secretary shall issue an annual report on the activities carried out under this section.

`(d) Apportionment- All amounts made available to carry out this section for a fiscal year shall be apportioned to a recipient described in subsection (a)(2) according to criteria prescribed by the Secretary.

`(e) Funding- For fiscal years beginning after September 30, 2016, this section shall be funded under section 31104.'.

(b) Clerical Amendment- The analysis for chapter 313 of title 49, United States Code, is amended by striking the item relating to section 31313 and inserting the following:

`31313. Commercial driver's license program implementation financial assistance program.'.

SEC. 5105. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY PROGRAMS FOR FISCAL YEAR 2016.

(a) Motor Carrier Safety Assistance Program Grant Extension- Section 31104(a) of title 49, United States Code, is amended by striking paragraphs (10) and (11) and inserting the following:

`(10) $218,000,000 for fiscal year 2015; and

`(11) $241,480,000 for fiscal year 2016.'.

(b) Extension of Grant Programs- Section 4101(c) of SAFETEA-LU (119 Stat. 1715; Public Law 109-59) is amended to read as follows:

`(c) Authorization of Appropriations- The following sums are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account):

`(1) COMMERCIAL DRIVER'S LICENSE PROGRAM IMPROVEMENT GRANTS- For carrying out the commercial driver's license program improvement grants program under section 31313 of title 49, United States Code, $30,480,000 for fiscal year 2016.

`(2) BORDER ENFORCEMENT GRANTS- For border enforcement grants under section 31107 of that title $32,512,000 for fiscal year 2016.

`(3) PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS MANAGEMENT GRANT PROGRAM- For the performance and registration information systems management grant program under section 31109 of that title $5,080,000 for fiscal year 2016.

`(4) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS DEPLOYMENT- For carrying out the commercial vehicle information systems and networks deployment program under section 4126 of this Act $25,400,000 for fiscal year 2016.

`(5) SAFETY DATA IMPROVEMENT GRANTS- For safety data improvement grants under section 4128 of this Act $3,048,000 for fiscal year 2016.'.

(c) High-Priority Activities- Section 31104(j)(2) of title 49, United States Code, as redesignated by this subtitle, is amended by striking `2015' the first place it appears and inserting `2016'.

(d) New Entrant Audits- Section 31144(g)(5)(B) of title 49, United States Code, is amended to read as follows:

`(B) SET ASIDE- The Secretary shall set aside from amounts made available under section 31104(a) up to $32,000,000 for fiscal year 2016 for audits of new entrant motor carriers conducted under this paragraph.'.

(e) Grant Program for Commercial Motor Vehicle Operators- Section 4134(c) of SAFETEA-LU (49 U.S.C. 31301 note) is amended to read as follows:

`(c) Funding- From amounts made available under section 31110 of title 49, United States Code, the Secretary shall make available, $1,000,000 for fiscal year 2016 to carry out this section.'.

(f) Commercial Vehicle Information Systems and Networks Deployment-

(1) IN GENERAL- Section 4126 of SAFETEA-LU (49 U.S.C. 31106 note; 119 Stat. 1738; Public Law 109-59) is amended--

(A) in subsection (c)--

(i) in paragraph (2) by adding at the end the following: `Funds deobligated by the Secretary from previous year grants shall not be counted toward the $2,500,000 maximum aggregate amount for core deployment.'; and

(ii) in paragraph (3) by adding at the end the following: `Funds may also be used for planning activities, including the development or updating of program or top level design plans.'; and

(B) in subsection (d)(4) by adding at the end the following: `Funds may also be used for planning activities, including the development or updating of program or top level design plans.'.

(2) INNOVATIVE TECHNOLOGY DEPLOYMENT PROGRAM- For fiscal year 2016, the commercial vehicle information systems and networks deployment program under section 4126 of SAFETEA-LU (119 Stat. 1738; Public Law 109-59) may also be referred to as the innovative technology deployment program.

SEC. 5106. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM ALLOCATION.

(a) Working Group-

(1) ESTABLISHMENT- Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a motor carrier safety assistance program formula working group (in this section referred to as the `working group').

(2) MEMBERSHIP-

(A) IN GENERAL- Subject to subparagraph (B), the working group shall consist of representatives of the following:

(i) The Federal Motor Carrier Safety Administration.

(ii) The lead State commercial motor vehicle safety agencies responsible for administering the plan required by section 31102 of title 49, United States Code.

(iii) An organization representing State agencies responsible for enforcing a program for inspection of commercial motor vehicles.

(iv) Such other persons as the Secretary considers necessary.

(B) COMPOSITION- Representatives of State commercial motor vehicle safety agencies shall comprise at least 51 percent of the membership.

(3) NEW ALLOCATION FORMULA- The working group shall analyze requirements and factors for the establishment of a new allocation formula for the motor carrier assistance program under section 31102 of title 49, United States Code.

(4) RECOMMENDATION- Not later than 1 year after the date the working group is established under paragraph (1), the working group shall make a recommendation to the Secretary regarding a new allocation formula for the motor carrier assistance program.

(5) EXEMPTION- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group established under this subsection.

(6) PUBLICATION- The Administrator of the Federal Motor Carrier Safety Administration shall publish on a publicly accessible Internet Web site of the Federal Motor Carrier Safety Administration--

(A) summaries of the meetings of the working group; and

(B) the final recommendation of the working group provided to the Secretary.

(b) Notice of Proposed Rulemaking- After receiving the recommendation of the working group under subsection (a)(4), the Secretary shall publish in the Federal Register a notice seeking public comment on the establishment of a new allocation formula for the motor carrier safety assistance program.

(c) Basis for Formula- The Secretary shall ensure that the new allocation formula for the motor carrier assistance program is based on factors that reflect, at a minimum--

(1) the relative needs of the States to comply with section 31102 of title 49, United States Code;

(2) the relative administrative capacities of and challenges faced by States in complying with that section;

(3) the average of each State's new entrant motor carrier inventory for the 3-year period prior to the date of enactment of this Act;

(4) the number of international border inspection facilities and border crossings by commercial vehicles in each State; and

(5) any other factors the Secretary considers appropriate.

(d) Funding Amounts Prior to Development of New Allocation Formula-

(1) INTERIM FORMULA- Prior to the development of the new allocation formula for the motor carrier assistance program, the Secretary may calculate the interim funding amounts for that program in fiscal year 2017 (and later fiscal years, as necessary) under section 31104(a)(1) of title 49, United States Code, as amended by this subtitle, by using the following methodology:

(A) The Secretary shall calculate the funding amount to a State using the allocation formula the Secretary used to award motor carrier safety assistance program funding in fiscal year 2016 under section 31102 of title 49, United States Code.

(B) The Secretary shall average the funding awarded or other equitable amounts to a State in fiscal years 2013, 2014, and 2015 for--

(i) border enforcement grants under section 31107 of title 49, United States Code; and

(ii) new entrant audit grants under section 31144(g)(5) of that title.

(C) The Secretary shall add the amounts calculated in subparagraphs (A) and (B).

(2) ADJUSTMENTS- Subject to the availability of funding and notwithstanding fluctuations in the data elements used by the Secretary, the initial amounts resulting from the calculation described in paragraph (1) shall be adjusted to ensure that, for each State, the amount shall not be less than 97 percent of the average amount of funding received or other equitable amounts in fiscal years 2013, 2014, and 2015 for--

(A) motor carrier safety assistance program funds awarded to the State under section 31102 of title 49, United States Code;

(B) border enforcement grants awarded to the State under section 31107 of title 49, United States Code; and

(C) new entrant audit grants awarded to the State under section 31144(g)(5) of title 49, United States Code.

(3) IMMEDIATE RELIEF- In developing the new allocation formula, the Secretary shall terminate the withholding of motor carrier assistance program funds from a State for at least 3 fiscal years if the State was subject to the withholding of such funds for matters of noncompliance immediately prior to the date of enactment of this Act.

(4) FUTURE WITHHOLDINGS- Beginning on the date that the new allocation formula for the motor carrier assistance program is implemented, the Secretary shall impose all future withholdings in accordance with section 31102(k) of title 49, United States Code, as amended by this subtitle.

(e) Termination of Working Group- The working group established under subsection (a) shall terminate on the date of the implementation of a new allocation formula for the motor carrier safety assistance program.

SEC. 5107. MAINTENANCE OF EFFORT CALCULATION.

(a) Before New Allocation Formula-

(1) FISCAL YEAR 2017- If a new allocation formula for the motor carrier safety assistance program has not been established under this subtitle for fiscal year 2017, the Secretary shall calculate for fiscal year 2017 the maintenance of effort baseline required under section 31102(f) of title 49, United States Code, as amended by this subtitle, by averaging the expenditures for fiscal years 2004 and 2005 required by section 31102(b)(4) of title 49, United States Code, as that section was in effect on the day before the date of enactment of this Act.

(2) SUBSEQUENT FISCAL YEARS- The Secretary may use the methodology for calculating the maintenance of effort baseline specified in paragraph (1) for fiscal year 2018 and subsequent fiscal years if a new allocation formula for the motor carrier safety assistance program has not been established for that fiscal year.

(b) Beginning With New Allocation Formation-

(1) IN GENERAL- Subject to paragraphs (2) and (3)(B), beginning on the date that a new allocation formula for the motor carrier safety assistance program is established under this subtitle, upon the request of a State, the Secretary may waive or modify the baseline maintenance of effort required of the State by section 31102(e) of title 49, United States Code, as amended by this subtitle, for the purpose of establishing a new baseline maintenance of effort if the Secretary determines that a waiver or modification--

(A) is equitable due to reasonable circumstances;

(B) will ensure the continuation of commercial motor vehicle enforcement activities in the State; and

(C) is necessary to ensure that the total amount of State maintenance of effort and matching expenditures required under sections 31102 and 31104 of title 49, United States Code, as amended by this subtitle, does not exceed a sum greater than the average of the total amount of State maintenance of effort and matching expenditures required under those sections for the 3 fiscal years prior to the date of enactment of this Act.

(2) ADJUSTMENT METHODOLOGY- If requested by a State, the Secretary may modify the maintenance of effort baseline referred to in paragraph (1) for the State according to the following methodology:

(A) The Secretary shall establish the maintenance of effort baseline for the State using the average baseline of fiscal years 2004 and 2005, as required by section 31102(b)(4) of title 49, United States Code, as that section was in effect on the day before the date of enactment of this Act.

(B) The Secretary shall calculate the average required match by a lead State commercial motor vehicle safety agency for fiscal years 2013, 2014, and 2015 for motor carrier safety assistance grants established at 20 percent by section 31103 of title 49, United States Code, as that section was in effect on the day before the date of enactment of this Act.

(C) The Secretary shall calculate the estimated match required under section 31104(b) of title 49, United States Code, as amended by this subtitle.

(D) The Secretary shall subtract the amount in subparagraph (B) from the amount in subparagraph (C) and--

(i) if the number is greater than 0, the Secretary shall subtract the number from the amount in subparagraph (A); or

(ii) if the number is not greater than 0, the Secretary shall calculate the maintenance of effort using the methodology in subparagraph (A).

(3) MAINTENANCE OF EFFORT AMOUNT-

(A) IN GENERAL- The Secretary shall use the amount calculated under paragraph (2) as the baseline maintenance of effort required under section 31102(f) of title 49, United States Code, as amended by this subtitle.

(B) DEADLINE- If a State does not request a waiver or modification under this subsection before September 30 during the first fiscal year that the Secretary implements a new allocation formula for the motor carrier safety assistance program under this subtitle, the Secretary shall calculate the maintenance of effort using the methodology described in paragraph (2)(A).

(4) MAINTENANCE OF EFFORT DESCRIBED- The maintenance of effort calculated under this section is the amount required under section 31102(f) of title 49, United States Code, as amended by this subtitle.

(c) Termination of Effectiveness- The authority of the Secretary under this section shall terminate effective on the date that a new maintenance of effort baseline is calculated based on a new allocation formula for the motor carrier safety assistance program implemented under section 31102 of title 49, United States Code.

Subtitle B--Federal Motor Carrier Safety Administration Reform

PART I--REGULATORY REFORM

SEC. 5201. NOTICE OF CANCELLATION OF INSURANCE.

Section 13906(e) of title 49, United States Code, is amended by inserting `or suspend' after `revoke'.

SEC. 5202. REGULATIONS.

Section 31136 of title 49, United States Code, is amended--

(1) by redesignating subsection (f) as subsection (g) and transferring such subsection to appear at the end of section 31315 of such title; and

(2) by adding at the end the following:

`(f) Regulatory Impact Analysis- Within each regulatory impact analysis of a proposed or final rule issued by the Federal Motor Carrier Safety Administration, the Secretary shall, whenever practicable--

`(1) consider the effects of the proposed or final rule on different segments of the motor carrier industry;

`(2) formulate estimates and findings based on the best available science; and

`(3) utilize available data specific to the different types of motor carriers, including small and large carriers, and drivers that will be impacted by the proposed or final rule.

`(g) Public Participation-

`(1) IN GENERAL- If a proposed rule promulgated under this part is likely to lead to the promulgation of a major rule, the Secretary, before promulgating such proposed rule, shall--

`(A) issue an advance notice of proposed rulemaking; or

`(B) proceed with a negotiated rulemaking.

`(2) REQUIREMENTS- Each advance notice of proposed rulemaking issued under paragraph (1) shall--

`(A) identify the need for a potential regulatory action;

`(B) identify and request public comment on the best available science or technical information relevant to analyzing potential regulatory alternatives;

`(C) request public comment on the available data and costs with respect to regulatory alternatives reasonably likely to be considered as part of the rulemaking; and

`(D) request public comment on available alternatives to regulation.

`(3) WAIVER- This subsection does not apply to a proposed rule if the Secretary, for good cause, finds (and incorporates the finding and a brief statement of reasons for such finding in the proposed or final rule) that an advance notice of proposed rulemaking is impracticable, unnecessary, or contrary to the public interest.

`(h) Review of Rules-

`(1) IN GENERAL- Once every 5 years, the Secretary shall conduct a review of regulations issued under this part.

`(2) SCHEDULE- At the beginning of each 5-year review period, the Secretary shall publish a schedule that sets forth the plan for completing the review under paragraph (1) within 5 years.

`(3) NOTIFICATION OF CHANGES- During each review period, the Secretary shall address any changes to the schedule published under paragraph (2) and notify the public of such changes.

`(4) CONSIDERATION OF PETITIONS- In conducting a review under paragraph (1), the Secretary shall consider petitions for regulatory action under this part received by the Administrator of the Federal Motor Carrier Safety Administration.

`(5) ASSESSMENT- At the conclusion of each review under paragraph (1), the Secretary shall publish on a publicly accessible Internet Web site of the Department of Transportation an assessment that includes--

`(A) an inventory of the regulations issued during the 5-year period ending on the date on which the assessment is published;

`(B) a determination of whether the regulations are--

`(i) consistent and clear;

`(ii) current with the operational realities of the motor carrier industry; and

`(iii) uniformly enforced; and

`(C) an assessment of whether the regulations continue to be necessary.

`(6) RULEMAKING- Not later than 2 years after the completion of each review under this subsection, the Secretary shall initiate a rulemaking to amend regulations as necessary to address the determinations made under paragraph (5)(B) and the results of the assessment under paragraph (5)(C).

`(i) Rule of Construction- Nothing in subsection (f) or (g) may be construed to limit the contents of an advance notice of proposed rulemaking.'.

SEC. 5203. GUIDANCE.

(a) In General-

(1) DATE OF ISSUANCE AND POINT OF CONTACT- Each guidance document issued by the Federal Motor Carrier Safety Administration shall have a date of issuance or a date of revision, as applicable, and shall include the name and contact information of a point of contact at the Administration who can respond to questions regarding the guidance.

(2) PUBLIC ACCESSIBILITY-

(A) IN GENERAL- Each guidance document issued or revised by the Federal Motor Carrier Safety Administration shall be published on a publicly accessible Internet Web site of the Department on the date of issuance or revision.

(B) REDACTION- The Administrator of the Federal Motor Carrier Safety Administration may redact from a guidance document published under subparagraph (A) any information that would reveal investigative techniques that would compromise Administration enforcement efforts.

(3) INCORPORATION INTO REGULATIONS- Not later than 5 years after the date on which a guidance document is published under paragraph (2) or during an applicable review under subsection (c), whichever is earlier, the Secretary shall revise regulations to incorporate the guidance document to the extent practicable.

(4) REISSUANCE- If a guidance document is not incorporated into regulations in accordance with paragraph (3), the Administrator shall--

(A) reissue an updated version of the guidance document; and

(B) review and reissue an updated version of the guidance document every 5 years until the date on which the guidance document is removed or incorporated into applicable regulations.

(b) Initial Review- Not later than 1 year after the date of enactment of this Act, the Administrator shall review all guidance documents published under subsection (a) to ensure that such documents are current, are readily accessible to the public, and meet the standards specified in subparagraphs (A), (B), and (C) of subsection (c)(1).

(c) Regular Review-

(1) IN GENERAL- Subject to paragraph (2), not less than once every 5 years, the Administrator shall conduct a comprehensive review of the guidance documents issued by the Federal Motor Carrier Safety Administration to determine whether such documents are--

(A) consistent and clear;

(B) uniformly and consistently enforced; and

(C) still necessary.

(2) NOTICE AND COMMENT- Prior to beginning a review under paragraph (1), the Administrator shall publish in the Federal Register a notice and request for comment that solicits input from stakeholders on which guidance documents should be updated or eliminated.

(3) REPORT-

(A) IN GENERAL- Not later than 60 days after the date on which a review under paragraph (1) is completed, the Administrator shall publish on a publicly accessible Internet Web site of the Department a report detailing the review and a full inventory of the guidance documents of the Administration.

(B) CONTENTS- A report under subparagraph (A) shall include a summary of the response of the Administration to each comment received under paragraph (2).

(d) Guidance Document Defined- In this section, the term `guidance document' means a document issued by the Federal Motor Carrier Safety Administration that--

(1) provides an interpretation of a regulation of the Administration; or

(2) includes an enforcement policy of the Administration.

SEC. 5204. PETITIONS.

(a) In General- The Administrator of the Federal Motor Carrier Safety Administration shall--

(1) publish on a publicly accessible Internet Web site of the Department a summary of all petitions for regulatory action submitted to the Administration;

(2) prioritize the petitions submitted based on the likelihood of safety improvements resulting from the regulatory action requested;

(3) not later than 180 days after the date a summary of a petition is published under paragraph (1), formally respond to such petition by indicating whether the Administrator will accept, deny, or further review the petition;

(4) prioritize responses to petitions consistent with a response's potential to reduce crashes, improve enforcement, and reduce unnecessary burdens; and

(5) not later than 60 days after the date of receipt of a petition, publish on a publicly accessible Internet Web site of the Department an updated inventory of the petitions described in paragraph (1), including any applicable disposition information for those petitions.

(b) Petition Defined- In this section, the term `petition' means a request for a new regulation, a regulatory interpretation or clarification, or a review of a regulation to eliminate or modify an obsolete, ineffective, or overly burdensome regulation.

PART II--COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM

SEC. 5221. CORRELATION STUDY.

(a) In General- The Administrator of the Federal Motor Carrier Safety Administration (referred to in this part as the `Administrator') shall commission the National Research Council of the National Academies to conduct a study of--

(1) the Compliance, Safety, Accountability program of the Federal Motor Carrier Safety Administration (referred to in this part as the `CSA program'); and

(2) the Safety Measurement System utilized by the CSA program (referred to in this part as the `SMS').

(b) Scope of Study- In carrying out the study commissioned pursuant to subsection (a), the National Research Council--

(1) shall analyze--

(A) the accuracy with which the Behavior Analysis and Safety Improvement Categories (referred to in this part as `BASIC')--

(i) identify high risk carriers; and

(ii) predict or are correlated with future crash risk, crash severity, or other safety indicators for motor carriers;

(B) the methodology used to calculate BASIC percentiles and identify carriers for enforcement, including the weights assigned to particular violations and the tie between crash risk and specific regulatory violations, with respect to accurately identifying and predicting future crash risk for motor carriers;

(C) the relative value of inspection information and roadside enforcement data;

(D) any data collection gaps or data sufficiency problems that may exist and the impact of those gaps and problems on the efficacy of the CSA program;

(E) the accuracy of safety data, including the use of crash data from crashes in which a motor carrier was free from fault;

(F) whether BASIC percentiles for motor carriers of passengers should be calculated differently than for motor carriers of freight;

(G) the differences in the rates at which safety violations are reported to the Federal Motor Carrier Safety Administration for inclusion in the SMS by various enforcement authorities, including States, territories, and Federal inspectors; and

(H) how members of the public use the SMS and what effect making the SMS information public has had on reducing crashes and eliminating unsafe motor carriers from the industry; and

(2) shall consider--

(A) whether the SMS provides comparable precision and confidence, through SMS alerts and percentiles, for the relative crash risk of individual large and small motor carriers;

(B) whether alternatives to the SMS would identify high risk carriers more accurately; and

(C) the recommendations and findings of the Comptroller General of the United States and the Inspector General of the Department, and independent review team reports, issued before the date of enactment of this Act.

(c) Report- Not later than 18 months after the date of enactment of this Act, the Administrator shall submit a report containing the results of the study commissioned pursuant to subsection (a) to--

(1) the Committee on Commerce, Science, and Transportation of the Senate;

(2) the Committee on Transportation and Infrastructure of the House of Representatives; and

(3) the Inspector General of the Department.

(d) Corrective Action Plan-

(1) IN GENERAL- Not later than 120 days after the Administrator submits the report under subsection (c), if that report identifies a deficiency or opportunity for improvement in the CSA program or in any element of the SMS, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a corrective action plan that--

(A) responds to the deficiencies or opportunities identified by the report;

(B) identifies how the Federal Motor Carrier Safety Administration will address such deficiencies or opportunities; and

(C) provides an estimate of the cost, including with respect to changes in staffing, enforcement, and data collection, necessary to address such deficiencies or opportunities.

(2) PROGRAM REFORMS- The corrective action plan submitted under paragraph (1) shall include an implementation plan that--

(A) includes benchmarks;

(B) includes programmatic reforms, revisions to regulations, or proposals for legislation; and

(C) shall be considered in any rulemaking by the Department that relates to the CSA program, including the SMS.

(e) Inspector General Review- Not later than 120 days after the Administrator submits a corrective action plan under subsection (d), the Inspector General of the Department shall--

(1) review the extent to which such plan implements--

(A) recommendations contained in the report submitted under subsection (c); and

(B) relevant recommendations issued by the Comptroller General or the Inspector General before the date of enactment of this Act; and

(2) submit 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 responsiveness of the corrective action plan to the recommendations described in paragraph (1).

SEC. 5222. BEYOND COMPLIANCE.

(a) In General- Not later than 18 months after the date of enactment of this Act, the Administrator shall incorporate into the CSA program a methodology to allow recognition and an improved SMS score for--

(1) the installation of advanced safety equipment;

(2) the use of enhanced driver fitness measures;

(3) the adoption of fleet safety management tools, technologies, and programs; or

(4) other metrics as determined appropriate by the Administrator.

(b) Qualification- The Administrator, after providing notice and an opportunity for comment, shall develop technical or other performance standards with respect to advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other metrics for purposes of subsection (a).

(c) Report- Not later than 18 months after the incorporation of the methodology under subsection (a), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the number of motor carriers receiving recognition and improved scores under such methodology and the safety performance of such carriers.

SEC. 5223. DATA CERTIFICATION.

(a) In General- On and after the date that is 1 day after the date of enactment of this Act, no information regarding analysis of violations, crashes in which a determination is made that the motor carrier or the commercial motor vehicle driver is not at fault, alerts, or the relative percentile for each BASIC developed under the CSA program may be made available to the public (including through requests under section 552 of title 5, United States Code) until the Inspector General of the Department certifies that--

(1) the report required under section 5221(c) has been submitted in accordance with that section;

(2) any deficiencies identified in the report required under section 5221(c) have been addressed;

(3) if applicable, the corrective action plan under section 5221(d) has been implemented;

(4) the Administrator of the Federal Motor Carrier Safety Administration has fully implemented or satisfactorily addressed the issues raised in the report titled `Modifying the Compliance, Safety, Accountability Program Would Improve the Ability to Identify High Risk Carriers' of the Government Accountability Office and dated February 2014 (GAO-14-114); and

(5) the CSA program has been modified in accordance with section 5222.

(b) Limitation on the Use of CSA Analysis- Information regarding alerts and the relative percentile for each BASIC developed under the CSA program may not be used for safety fitness determinations until the Inspector General of the Department makes the certification under subsection (a).

(c) Continued Public Availability of Data- Notwithstanding any other provision of this section, inspection and violation information submitted to the Federal Motor Carrier Safety Administration by commercial motor vehicle inspectors and qualified law enforcement officials, out-of-service rates, and absolute measures shall remain available to the public.

(d) Exceptions-

(1) IN GENERAL- Notwithstanding any other provision of this section--

(A) the Federal Motor Carrier Safety Administration and State and local commercial motor vehicle enforcement agencies may use the information referred to in subsection (a) for purposes of investigation and enforcement prioritization; and

(B) a motor carrier and a commercial motor vehicle driver may access information referred to in subsection (a) that relates directly to the motor carrier or driver, respectively.

(2) RULE OF CONSTRUCTION- Nothing in this section may be construed to restrict the official use by State enforcement agencies of the data collected by State enforcement personnel.

SEC. 5224. INTERIM HIRING STANDARD.

(a) Definitions- In this section, the following definitions apply:

(1) ENTITY- The term `entity' means a person acting as--

(A) a shipper, other than an individual shipper (as that term is defined in section 13102 of title 49, United States Code), or a consignee;

(B) a broker or a freight forwarder (as such terms are defined in section 13102 of title 49, United States Code);

(C) a non-vessel-operating common carrier, an ocean freight forwarder, or an ocean transportation intermediary (as such terms are defined in section 40102 of title 46, United States Code);

(D) an indirect air carrier authorized to operate under a Standard Security Program approved by the Transportation Security Administration;

(E) a customs broker licensed in accordance with section 111.2 of title 19, Code of Federal Regulations;

(F) an interchange motor carrier subject to paragraphs (1)(B) and (2) of section 13902(i) of title 49, United States Code; or

(G) a warehouse (as defined in section 7-102(13) of the Uniform Commercial Code).

(2) MOTOR CARRIER- The term `motor carrier' means a motor carrier (as that term is defined in section 13102 of title 49, United States Code) that is subject to Federal motor carrier financial responsibility and safety regulations.

(b) Hiring Standard- Subsection (c) shall only be applicable to entities who, before tendering a shipment, but not more than 35 days before the pickup of the shipment by the hired motor carrier, verify that the motor carrier, at the time of such verification--

(1) is registered with and authorized by the Federal Motor Carrier Safety Administration to operate as a motor carrier, if applicable;

(2) has the minimum insurance coverage required by Federal law; and

(3) has a satisfactory safety fitness determination issued by the Federal Motor Carrier Safety Administration in force.

(c) Interim Use of Data-

(1) IN GENERAL- With respect to an entity who completed a verification under subsection (b), only information regarding the entity's compliance or noncompliance with subsection (b) may be admitted as evidence or otherwise used against the entity in a civil action for damages resulting from a claim of negligent selection or retention of a motor carrier.

(2) EXCLUDED EVIDENCE- With respect to an entity who completed a verification under subsection (b), motor carrier data (other than the information described in paragraph (1)) created or maintained by the Federal Motor Carrier Safety Administration, including SMS data or analysis of such data, may not be admitted into evidence in a case or proceeding in which it is asserted or alleged that the entity's selection or retention of a motor carrier was negligent.

(d) Sunset- This section shall cease to be effective on the date on which the Inspector General of the Department makes the certification under section 5223(a).

Read part XV of  Surface Transportation Reauthorization and Reform Act of 2015

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