article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Carrier Safety Specialist Certification Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The Transportation Equity Act for the 21st Century provides for the Secretary of Transportation to work in partnership with States and other political jurisdictions to establish programs to improve motor carrier, commercial motor vehicle, and driver safety, to support a safe and efficient transportation system by focusing resources on strategic safety investments, to promote safe for-hire and private transportation, including transportation of passengers and hazardous materials, to identify high-risk carriers and drivers, and to invest in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes. (2) The Department of Transportation's Office of Inspector General Report on the Federal Highway Administration's Motor Carrier Safety Program found that established policies and procedures do not ensure that motor carrier safety regulations are enforced. (3) The Report also found that the Safety Status Measurement System (known as ``SafeStat''), which was implemented to identify and target motor carriers with high- risk safety records, cannot target all carriers with the worst records because its database is incomplete and inaccurate, and data input is not timely. (4) Testimony by the General Accounting Office before the House of Representatives' Subcommittee on Transportation and Related Agencies indicated that SafeStat's ability to target high-risk carriers is also limited by out-of-date census data. (5) There are no procedures in place to certify Federal, State, and private motor carrier safety specialists and no standards to ensure consistent carrier compliance reviews. (6) There are no established protocols for acceptance of data from third-party or non-Federal or non-State motor carrier safety specialists, which detail the safety factors of motor carriers. (b) Purpose.--The purpose of this Act is to provide for the creation of a certification program for Motor Carrier Safety Specialists and to establish certain informational requirements in order to promote highway safety through a comprehensive review of motor carriers. SEC. 3. CREATION OF A CERTIFICATION PROGRAM FOR MOTOR CARRIER SAFETY SPECIALISTS. (a) In General.--Chapter 311 of title 49, United States Code, is amended by adding at the end thereof the following: ``Sec. 31148. Certified motor carrier safety specialists ``(a) In General.--The Secretary of Transportation, in consultation with the Motor Carrier Safety Specialist Certification Board, shall establish a program for the training and certification of Federal, State and local government, and nongovernmental motor carrier safety specialists by an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is-- ``(1) exempt from taxation under section 501(c)(1) of such Code established for the exclusive purpose of developing and administering training, testing, and certification procedures for motor carrier safety specialists; and ``(2) designated by the Secretary as the entity for carrying out the requirements of this section. ``(b) Certified Compliance Review Required.--No safety compliance review under this chapter, or required by this chapter, chapter 315, or the regulations in part 390 of title 49, Code of Federal Regulations, more than 3 years after the date of enactment of the Motor Carrier Safety Specialist Certification Act is valid unless it is conducted by a motor carrier safety specialist certified under the program established under subsection (a).''. (b) Conforming Amendment.--The chapter analysis for chapter 311 of title 49, United States Code, is amended by adding at the end thereof the following: ``31148. Certified motor carrier safety specialists.''. SEC. 4. PHASE-IN OF CERTIFICATION REQUIREMENT. (a) Establishment of Program.--The Secretary of Transportation shall establish the program required by section 31148(a) of title 49, United States Code, within 12 months after the date of enactment of this Act. (b) Certification of Federal Motor Carrier Safety Specialists.--The Secretary shall ensure that-- (1) within 24 months after the date of enactment of this Act-- (A) at least 50 percent of the employees of the Department of Transportation who perform reviews to determine compliance of carriers in accordance with regulations promulgated by the Secretary of Transportation, and (B) all State and local government employees who perform such compliance reviews, are certified under the program established under section 31148 of title 49, United States Code; and (2) within 36 months after such date, all Federal, State and local employees, and all non-governmental personnel, performing such compliance reviews are so certified. SEC. 5. CLEARINGHOUSE FUNCTION. (a) Verification of Information.--Section 31106(a) of title 49, United States Code, is amended by adding at the end of the following: ``(5) In carrying out the provisions of this section and section 31309, the Secretary shall accept and include information, subject to verification by a clearinghouse designated by the Motor Carrier Safety Specialist Certification Board, obtained from non-governmental motor carrier safety specialists certified under section 31148. The Secretary of Transportation shall work with the Motor Carrier Safety Specialist Certification Board and State Governments to establish by January 1, 2001 data exchange protocols that will enable the Secretary of Transportation to process data received from motor carrier safety specialists certified under section 31148.''. (b) Information Available to Public.--Section 31106(e) of title 49, United States Code, is amended by adding at the end the following: ``The Secretary of Transportation shall ensure that information obtained from motor carrier safety specialists certified under section 31148 of title 49, United States Code, is made available to the public, in accordance with such policy, in an easily accessible and understandable manner through the clearinghouse designated by the Motor Carrier Safety Specialist Certification Board no later than January 1, 2002.''. SEC. 6. PUBLIC EDUCATION FUNCTION. The Secretary of Transportation shall work with the Motor Carrier Safety Specialist Certification Board to establish and carry out a public education campaign to promote the use of safety performance information available under chapter 311 of title 49, United States Code, for the purpose of encouraging the use of such information in the decision-making process for hiring motor carriers. SEC. 7. DEFINITIONS. Motor Carrier Safety Specialist.--A Motor Carrier Safety Specialist is an individual who: (1) is responsible for conducting regulatory compliance reviews and safety inspections of commercial motor carriers,
summary: Directs the Secretary to work with the Motor Carrier Safety Specialist Certification Board to establish and carry out a public education campaign to promote the use of safety performance information in the decision-making process for hiring motor carriers. Defines "motor carrier safety specialist" to mean an individual responsible for conducting regulatory compliance reviews and safety inspections of commercial motor carriers.