ESTABLISHMENT OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION.

SEC. 101. ESTABLISHMENT OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION. (a) In General.— Chapter 1 of title 49, United States Code, is amended by adding at the end the following: “§ 113. Federal Motor Carrier Safety Administration “(a) In General.— The Federal Motor Carrier Safety Administration shall be an administration of the Department of Transportation. “(b) Safety as Highest Priority.— In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in motor carrier transportation. “(c) Administrator.— The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in motor carrier safety. The Administrator shall report directly to the Secretary of Transportation. “(d) Deputy Administrator.— The Administration shall have a Deputy Administrator appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. “(e) Chief Safety Officer.— The Administration shall have an Assistant Federal Motor Carrier Safety Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator. “(f) Powers and Duties.— The Administrator shall carry out— “(1) duties and powers related to motor carriers or motor carrier safety vested in the Secretary by chapters 5, 51, 55, 57, 59, 133 through 149, 311, 313, 315, and 317 and by section 18 of the Noise Control Act of 1972 (42 U.S.C. 4917; 86 Stat. 1249-1250); except as otherwise delegated by the Secretary to any agency of the Department of Transportation other than the Federal Highway Administration, as of October 8, 1999; and “(2) additional duties and powers prescribed by the Secretary. “(g) Limitation on Transfer of Powers and Duties.— A duty or power specified in subsection (f)(1) may only be transferred to another part of the Department when specifically provided by law. “(h) Effect of Certain Decisions.— A decision of the Administrator involving a duty or power specified in subsection (f)(1) and involving notice and hearing required by law is administratively final. “(i) Consultation.— The Administrator shall consult with the Federal Highway Administrator and with the National Highway113 STAT. 1751 Traffic Safety Administrator on matters related to highway and motor carrier safety.”. (b) Administrative Expenses.— Section 104(a)(1) of title 23, United States Code, is amended— (1) in paragraph (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving the text of such clauses 2 ems to the right; (2) in paragraph (1) by striking “exceed 1½ percent of all sums so made available, as the Secretary determines necessary—” and inserting “exceed— “(A) 1 1⁄6 percent of all sums so made available, as the Secretary determines necessary—”; (3) by striking the period at the end of paragraph (l)(A)(ii) (as redesignated by paragraphs (1) and (2) of this subsection) and inserting “; and” and the following: “(B) one-third of 1 percent of all sums so made available, as the Secretary determines necessary, to administer the provisions of law to be financed from appropriations for motor carrier safety programs and motor carrier safety research.”; and (4) by adding at the end the following: “(4) Limitation on transferability.— Unless expressly authorized by law, the Secretary may not transfer any sums deducted under paragraph (1) to a Federal agency or entity other than the Federal Highway Administration and the Federal Motor Carrier Safety Administration.”. (c) Conforming Amendments.— (1) Chapter analysis.— The analysis for chapter 1 of title 49, United States Code, is amended by adding at the end the following: “113. Federal Motor Carrier Safety Administration.”. (2) Federal highway administration.— Section 104 of title 49, United States Code, is amended— (A) in subsection (c)— (i) by striking the semicolon at the end of paragraph (1) and inserting “; and”; (ii) by striking paragraph (2); and (iii) by redesignating paragraph (3) as paragraph (2); (B) by striking subsection (d); and (C) by redesignating subsection (e) as subsection (d). (d) Positions in Executive Service— (1) Administrator.— Section 5314 of title 5, United States Code, is amended by inserting after “Administrator of the National Highway Traffic Safety Administration.” the following: “Administrator of the Federal Motor Carrier Safety Administration.”. (2) Deputy and assistant administrators.— Section 5316 of title 5, United States Code, is amended by inserting after “Deputy Administrator of the National Highway Traffic Safety Administration.” the following: “Deputy Administrator of the Federal Motor Carrier Safety Administration. “Assistant Federal Motor Carrier Safety Administrator.”. 113 STAT. 1752 (e) Personnel Levels.— The number of personnel positions at the Office of Motor Carrier Safety (and, beginning on January 1, 2000, the Federal Motor Carrier Safety Administration) at its headquarters location in fiscal year 2000 shall not be increased above the level transferred from the Federal Highway Administration to the Office of Motor Carrier Safety. The Secretary shall provide detailed justifications to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives for the personnel requested for fiscal years 2001, 2002, and 2003 for the Federal Motor Carrier Safety Administration when the President submits his budget, including a justification for increasing personnel at headquarters above the levels so transferred. (f) Authority to Promulgate Safety Standards for Retrofitting.— The authority under title 49, United States Code, to promulgate safety standards for commercial motor vehicles and equipment subsequent to initial manufacture is vested in the Secretary and may be delegated. (g) Conflicts of Interest.— (1) Compliance with regulation.— In awarding any contract for research, the Secretary shall comply with section 1252.209–70 of title 48, Code of Federal Regulations, as in effect on the date of the enactment of this section. The Secretary shall require that the text of such section be included in any request for proposal and contract for research made by the Secretary. (2) Study.— (A) In general.— The Secretary shall conduct a study to determine whether or not compliance with the section referred to in paragraph (1) is sufficient to avoid conflicts of interest in contracts for research awarded by the Secretary and to evaluate whether or not compliance with such section unreasonably delays or burdens the awarding of such contracts. (B) Consultation.— In conducting the study under this paragraph, the Secretary shall consult, as appropriate, with the Inspector General of the Department of Transportation, the Comptroller General, the heads of other Federal agencies, research organizations, industry representatives, employee organizations, safety organizations, and other entities. (C) Report.— Not later than 18 months after the date of the enactment of this Act, the Secretary shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study conducted under this paragraph.