reported the bill, as amended, back to the House with further sundry amendments adopted by the Committee. The previous question having been ordered by said resolution. The following further amendments, reported from the Committee of the Whole House on the state of the Union, were agreed to: Page 7, line 8, before the semicolon insert the following: 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 Page 13, after line 21, insert the following: (3) SAVINGS CLAUSE.-In developing and assessing progress toward meeting the measurable goals set forth in this subsection, the Secretary and the Administrator shall not take any action that would impinge on the due process rights of motor carriers and driv ers. Page 22, line 9, insert "average" before "level". Page 22, line 9, strike "fiscal year" and insert "fiscal years 1997, 1998, and”. Page 24, line 9, after "industry," insert "representatives from law enforcement agencies of border States,". Page 35, line 1, insert "or renewing" after "issuing". Page 36, line 10, strike "5 percent of amounts" and insert "the amount". Page 36, line 11, strike "(1)" and insert "(2)(B)". Page 37, line 15, strike "has previously" and all that follows through line 17 and insert the following: 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. Page 37, line 22, after the period insert the following: 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. Page 40, after line 23, add the following: SEC. 210. 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-ofservice. Subsequent to the issuance of the out-of-service order, the Secretary shall provide an opportunity for review in accordance with section 554 of title 5; 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. 211. 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 180 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 due to bankruptcy reorganization. "(2) REGULATIONS.-Not later than 12 months after the date of 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). SEC. 212. 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. 213. EXPIRATION OF APPROVALS. (1) by striking subsection (d); and (2) by redesignating subsections (e), (f), (g), and (h) as subsections (d), (e), (f), and (g) respectively SEC. 214. 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. 215. PROHIBITED TRANSPORTATION BY COMMERCIAL MOTOR VEHICLE OPERATORS. Section 521(b) of title 49, United States Code, 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 OPERATION IN INTERSTATE COMMERCE AFTER NONPAYMENT OF PEN ALTIES. "(A) IN GENERAL.-An owner or operator of a commercial motor vehicle against whom a civil penalty is assessed under this chapter or chapters 51, 149, 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 181st 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 civil penalty due to bankruptcy reorganization. "(B) REGULATIONS.-Not later than 12 months after the date of enactment of the Motor Carrier Safety Act of 1999, 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.". SEC. 216. HOUSEHOLD GOODS AMENDMENTS. (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. 217. REGISTRATION OF MOTOR CARRIERS. (a) REGISTRATION OF MOTOR CARRIERS BY A STATE. (1) INTERIM RULE.-Section 14504(b) of title 49, United States Code, is amended (A) in the first sentence by striking "The" and inserting "Until January 1, 2002, the"; and (B) in the second sentence by striking "When" and inserting "Until January 1, 2002, when". (2) REPEAL.-Effective January 1, 2002, section 14504 of such title and the item relating to such section in the analysis for chapter 145 of such title are repealed. (b) COMPREHENSIVE REGISTRATION.-Section 13908 of such title is amended (1) in the first sentence of subsection (a) by inserting "the requirements of section 13304," after "this chapter,"; (2) by striking the last sentence of subsection (a); (3) in subsection (b)— (A) by striking paragraphs (1), (2), and (3); and (B) by redesignating paragraphs (4), (5), and (6) as paragraphs (1), (2), and (3), respectively; (4) in subsection (c) by striking "cover" and inserting "equal as nearly as possible"; and (5) by striking subsection (d) and inserting the following: "(d) STATE REGISTRATION PROGRAMS.-Effective January 1, 2002, it shall be an unreasonable burden on interstate commerce for any State or political subdivision thereof, or any political authority of 2 or more States, to require a motor carrier operating in interstate commerce and providing transpor tation in such State or States to, or to collect fees to "(1) register its interstate operating authority; "(2) file information on its interstate Federal financial responsibility; or "(3) designate its service of process agent.". (c) DEADLINE.-Section 13908(e) of such title is amended (1) by striking "Not later than 24 months after January 1, 1996," and inserting "By January 1, 2002,"; (2) by inserting "and" after the semicolon at the end of paragraph (1); (3) by striking paragraph (2); and (4) by redesignating paragraph (3) as paragraph (2). (d) CONFORMING AMENDMENT.-Section 13304(a) of such title is amended by striking "and each State" and all that follows through "filed with it". SEC. 218. 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 (as such zones were defined on December 31, 1995) 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) SAVINGS CLAUSE.-No provision of this section may be enforced if it is inconsistent with any international agreement of the United States. (e) 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. 219. TEST RESULTS STUDY. (a) IN GENERAL.-The Secretary of Transportation shall conduct a study of the feasibility and merits of (1) requiring medical review officers to report all verified positive controlled substances test results on any driver subject to controlled substances testing under part 382 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 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. Conform the table of contents of the bill accordingly. Page 2, in the item relating to title I of the table of contents following line 4, insert "SAFETY" after "CARRIER". Page 2, in the item relating to section 101 of the table of contents following line 4, insert "Safety" after "Carrier”. Page 4, line 12, insert, "Safety" after "Carrier". Page 5, line 2, insert, "SAFETY" after "CARRIER". Page 5, line 3, insert, "SAFETY" after "CARRIER". Page 5, strike line 8 and insert the following: "§ 113. National Motor Carrier Safety Administration.". Page 5, line 9, insert, "Safety" after "Carrier". Page 6, line 4, insert, "Safety" after "Carrier". Page 9, line 3, insert, "Safety" after "Carrier". Page 10, line 2, insert, "Safety" after "Carrier". Page 10, line 11, insert, "Safety" after "Carrier". Page 10, line 12, insert, "Safety" after "Carrier". Page 10, line 17, insert, "Safety" after "Carrier". Page 14, line 9, insert, "Safety" after "Carrier". Page 14, line 11, insert, "Safety" after "Carrier". Page 14, line 13, insert, "Safety" after "Carrier". Page 23, line 25, insert, "Safety" after "Carrier". Page 24, line 3, insert, "Safety" after "Carrier". Page 24, line 23, insert, "Safety" after "Carrier". Page 25, line 4, insert, "Safety" after "Carrier". Page 38, line 12, insert, "Safety" after "Carrier". Amend the title so as to read "To amend title 49, United States Code, to establish the National Motor Carrier Safety Administration in the Department of Transportation, to improve the safety of commercial motor vehicle operators and carriers, to strengthen commercial driver's licenses, and for other purposes.". At the end of the bill, add the following: SEC. 220. USE OF RECORDING DEVICES IN COMMERCIAL MOTOR VEHICLES. (a) FINDING.-Congress finds that the use of electronic control modules in commercial motor vehicles may prove useful to law enforcement officials investigating crashes on the Nation's highways and roads and may prevent the future loss of life. (b) STANDARDS.— (1) IN GENERAL.-The Administrator of the National Motor Carrier Administration shall work with interested parties to develop standards regarding access to, and the relevant data to be recorded by, electronic control modules in commercial motor vehicles. (2) PRIVACY.-In developing standards under this section the Administrator shall ensure that the privacy of data recorded by electronic control modules is protected to the highest standard. Conform the table of contents of the bill accordingly. At the end of the bill, add the following: SEC. 210. PASSENGER VAN SAFETY. (a) OBJECTIVES.-The Secretary of Transportation shall conduct a comprehensive study to determine the causes of, and contributing factors to, crashes occurring in the State of New Jersey that involve vehicles designed to carry 9 or more passengers. The study shall also identify data, requirements, collection procedures, reports, and other measures that will help the Department of Transportation's and States' develop effective safety improvement policies and programs and identify activities and other measures likely to lead to significant reductions in the frequency, severity, and rateper-mile traveled of crashes involving such vehicles. (b) 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 their representatives, and carriers; (3) highways and noncommercial motor vehicles and drivers; (4) Federal and State highway and motor carrier safety programs; and (5) research methods and statistical analysis. (c) PUBLIC COMMENT.-The Secretary shall make available for public comment information about the objectives, methodology, implementation, findings, and other aspects of the study. (d) REPORT.-Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to Congress the results of the study, together with any legislative recommendations. Conform the table of contents of the bill accordingly. The bill, as amended, was ordered to be engrossed and read a third time, was read a third time by title. The question being put, viva voce, Will the House pass said bill? The SPEAKER pro tempore, Mr. CALVERT, announced that the yeas had it. Mr. SHUSTER demanded that the vote be taken by the yeas and nays, which demand was supported by onefifth of the Members present, so the yeas and nays were ordered. The vote was taken by electronic device. It was decided in the affirmative ..... Yeas .... 415 Nays 5 Bilirakis Bishop Blagojevich Bliley Blumenauer Blunt Bass Bateman Boehlert Bentsen Boehner Bereuter Bonilla So the bill was passed. A motion to reconsider the whereby said bill was passed was, by unanimous consent, laid on the table. By unanimous consent, the title was amended so as to read: "An Act to amend title 49, United States Code, to establish the National Motor Carrier Safety Administration in the Department of Transportation, to improve the safety of commercial motor vehicle operators and carriers, to to strengthen commercial driver's licenses, and for other purposes.". Ordered, That the Clerk request the concurrence of the Senate in said bill. vote Capuano Lantos Sanchez Cardin Larson Sanders Clay Lazio Sawyer Clayton Leach Schakowsky Clyburn Lee Scott Levin Lewis (GA) Serrano Shays Lipinski Sherman Ms. JACKSON-LEE submitted the privileged motion to instruct the managers on the part of the House at the conference with the Senate on the disagreeing votes of the two Houses on the bill (H.R. 1501) to provide grants to ensure increased accountability for juvenile offenders, to insist that (1) the committee of conference should immediately have its first substantive meeting to offer amendments and motions, including gun safety amendments and motions, and (2) the committee of conference report a conference substitute by October 20, the six month anniversary of the tragedy at Columbine High School in Littleton, Colorado, and with the sufficient opportunity for both House and the Senate to consider gun safety legislation prior to adjournment. After debate, By unanimous consent, the previous question was ordered on the motion to instruct the managers on the part of the House. The question being put, viva voce, Will the House agree to said motion? The SPEAKER pro tempore, Mr. HANSEN, announced that the nays had Shays Sherman it. Filner Forbes Frost Aderholt Meek (FL) Meeks (NY) Menendez McDonald Miller, George Mink Moakley Moore Moran (VA) Morella NAYS-249 Thompson (CA) Thompson (MS) Towns Udall (CO) Udall (NM) Upton Velazquez Vento Visclosky Waters Watt (NC) Waxman Weiner Wexler Weygand Woolsey Wu Wynn Tierney Edwards Engel Eshoo Evans Millender Farr Fattah Bachus Baird Baker Ballenger Brady (TX) Crane Bryant Burr Burton Barcia Calvert Camp the Committee on Appropriations; and (2) one motion to recommit. When said resolution was considered. After debate, On motion of Mr. LINDER, the previous question was ordered on the resolution to its adoption or rejection. The question being put, viva voce, Will the House agree to said resolution? The SPEAKER pro tempore, Mr. HANSEN, announced that the yeas had it. Mr. FROST objected to the vote on the ground that a quorum was not present and not voting. A quorum not being present, The roll was called under clause 6, rule XX, and the call was taken by electronic device. Hefley Myrick Strickland Herger Nethercutt Stump Hill (IN) Hill (MT) Ney Sununu Nays 202 Boyd Brady (PA) Brown (FL) Brown (OH) Capps Capuano Cardin Kaptur Kennedy Kildee Kilpatrick Kind (WI) Kleczka Klink Rodriguez Roybal-Allard Rush Sabo Sanchez Taylor (NC) Archer Gekas Nethercutt Sawyer Schakowsky Scott Serrano Thurman Barrett (NE) Hyde Bartlett Barton Goss Paul Cummings Pombo Walden Portman Walsh Jones (NC) Kanjorski Pryce (OH) Wamp Bilbray Gutknecht Pitts Rahall Weldon (FL) Deutsch Boehner Weller Hefley Pryce (OH) Quinn Dicks McCarthy (MO) McCarthy (NY) Taylor (MS) Bono Wicker Regula Reynolds 1114.13 PROVIDING FOR THE CONSIDERATION OF H.R. 3064 Mr. LINDER, by direction of the Committee on Rules, called up the following resolution (H. Res. 330): Resolved, That upon the adoption of this resolution it shall be in order without intervention of any point of order to consider in the House the bill (H.R. 3064) making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against revenues of said District for the fiscal year ending September 30, 2000, and for other purposes. The bill shall be considered as read for amendment. The previous question shall be considered as ordered on the bill to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chairman and ranking minority member of Castle Chambliss Coble Ewing Fletcher Isakson Ryun (KS) Ford Moakley Istook Salmon Chenoweth-Hage Jenkins Johnson (CT) Johnson, Sam Sanford Frank (MA) Frost Mollohan Moore Engel Etheridge Meek (FL) Meeks (NY) Menendez Miller, George Thompson (CA) Thompson (MS) Thurman Tierney Vento Visclosky Waters Saxton Schaffer McInnis McIntosh Jones (NC) Sensenbrenner Sessions Gordon Gutierrez Hall (OH) Hall (TX) NOT VOTING-14 Murtha Nadler Napolitano Neal Oberstar Obey Wexler Weygand Wise Woolsey Wu Wynn McKeon Metcalf Mica Miller (FL) Miller, Gary Moran (KS) Morella Shimkus Shuster Simpson Skeen Smith (MI) Smith (NJ) Smith (TX) Souder Sweeney Toomey Vitter of Defense for the fiscal year ending September 30, 2000, and for other purposes.". ¶114.18 NOTICE-MOTION TO INSTRUCT CONFEREES-H.R. 2670 Mr. COBURN, pursuant to clause 7(c)(1)(B) of rule XXII, announced his intention to instruct the managers on the part of the House at the conference with the Senate on the disagreeing votes of the two Houses on the bill (H.R. 2670) making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 2000, and for other purposes, to agree, to the extent within the scope of the conference, to provisions that (1) reduce nonessential spending in programs within the Departments of Commerce, Justice, and State, the Judiciary, and other related agencies; (2) reduce spending on international organizations, in particular, in order to honor the commitment of the Congress to protect Social Security; and (3) do not increase overall spending to a level that exceeds the higher of the House bill or the Senate amendment. 1114.19 AVIATION INVESTMENT AND REFORM On motion of Mr. SHUSTER, by unanimous consent, the bill (H.R. 1000) to amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes; together with the amendment of the Senate thereto, was taken from the Speaker's table. When on motion of Mr. SHUSTER, it was, Resolved, That the House disagree to the amendment of the Senate and agree to the conference asked by the Senate on the disagreeing votes of the two Houses thereon. Ordered, That the Clerk notify the Senate thereof. Thereupon, the SPEAKER pro tempore, Mr. LAHOOD, by unanimous consent, appointed the following Members as managers on the part of the House at said conference: Messrs. SHUSTER, YOUNG of Alaska, PETRI, DUNCAN, EWING, HORN, QUINN, EHLERS, BASS, PEASE, SWEENEY, OBERSTAR, RAHALL, DEFAZIO, LIPINSKI, COSTELLO, and Ms. DANNER, Ms. Eddie Bernice JOHNSON of Texas, Ms. MILLENDER-MCDONALD, and Mr. Bos WELL; From the Committee on the Budget, for consideration of title IX and title X of the House bill, and modifications committed to conference: Messrs. CHAMBLISS, SHAYS, and SPRATT; From the Committee on Ways and Means, for consideration of title XI of the House bill, and modifications committed to conference: Messrs. ARCHER, CRANE, and RANGEL; From the Committee on Science, for consideration of title XIII of the Senate amendment, and modifications committed to conference: Mr. SENSENBRENNER, Mrs. MORELLA, and Mr. HALL of Texas. |