COMMERCIAL DRIVER’S LICENSE INFORMATION SYSTEM MODERNIZATION.

SEC. 4123. COMMERCIAL DRIVER’S LICENSE INFORMATION SYSTEM MODERNIZATION.(a) Modernization Plan.—Section 31309 of title 49, United States Code, is amended by adding at the end the following:“(e) Modernization Plan.—“(1) In general.—Not later than 120 days after the date of enactment of this subsection, the Secretary shall develop and publish a comprehensive national plan to modernize the information system under this section that—“(A) complies with applicable Federal information technology security standards;“(B) provides for the electronic exchange of all information including the posting of convictions;“(C) contains self auditing features to ensure that data is being posted correctly and consistently by the States;“(D) integrates the commercial driver’s license and the medical certificate; and“(E) provides a schedule for modernization of the system.“(2) Consultation.—The plan shall be developed in consultation with representatives of the motor carrier industry, 119 STAT. 1735 State safety enforcement agencies, and State licensing agencies designated by the Secretary.“(3) State funding of future efforts.—The plan shall specify that States will fund future efforts to modernize the commercial driver’s information system.“(4) Deadline for state participation.—“(A) In general.—The Secretary shall establish in the plan a date by which all States must be operating commercial driver’s license information systems that are compatible with the modernized information system under this section.“(B) Factors to consider.—In establishing the date under subparagraph (A), the Secretary shall consider the following:“(i) Availability and cost of technology and equipment needed to comply with subparagraph (A).“(ii) Time necessary to install, and test the operation of, such technology and equipment.“(5) Implementation.—The Secretary shall implement the plan developed under subsection (a) and modernize the information system under this section to meet the requirements of the plan.“(f) Funding.—At the Secretary’s discretion, a State may use the funds made available to the State under section 31318 to modernize its commercial driver’s license information system to be compatible with the modernized information system under this section.”.(b) State Participations.—Section 31311(a) of such title is amended—(1) in paragraph (15) by striking “(g)(1)(A), and (g)(2)” and inserting “(i)(1)(A) and (i)(2)”;(2) in paragraph (17) by striking “section 31310(h)” and inserting “as 31310(j)”; and(3) by adding at the end the following:“(21) By the date established by the Secretary under section 31309(e)(4), the State shall be operating a commercial driver’s license information system that is compatible with the modernized commercial driver’s license information system under section 31309.”.(c) Grants.—(1) In general.—The Secretary may make a grant to a State or organization representing agencies and officials of a State in a fiscal year to modernize the commercial driver’s license information system of the State to be compatible with the modernized commercial driver’s license information system under section 31309 of title 49, United States Code, if the State is in substantial compliance with the requirements of section 31311 of such title and this section, as determined by the Secretary.(2) Criteria.—The Secretary shall establish criteria for the distribution of grants and notify each State annually of such criteria.(3) Use of grant.—A State may use a grant under this subsection only to implement improvements that are consistent with the modernization plan developed by the Secretary.(4) Government share.—A grant under this subsection to a State or organization may not be for more than 80 percent 119 STAT. 1736 of the costs incurred by the State or organization in a fiscal year in modernizing the commercial driver’s license information system of the State to be compatible with the modernized commercial driver’s license information system under section 31309 of title 49, United States Code. In determining these costs, the Secretary shall include in-kind contributions of the State.(d) Funding.—There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section—(1) $5,000,000 for fiscal year 2006;(2) $7,000,000 for fiscal year 2007;(3) $8,000,000 for fiscal year 2008; and(4) $8,000,000 for fiscal year 2009.(e) Contract Authority and Availability.—(1) Period of availability.—The amounts made available under subsection (d) shall remain available until expended.(2) Initial date of availability.—Amounts authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) by subsection (d) 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.(3) Contract authority.—Approval by the Secretary of a grant with funds made available under subsection (d) imposes upon the United States a contractual obligation for payment of the Government’s share of costs incurred in carrying out the objectives of the grant.(f) Baseline Audit.—Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Inspector General of the Department of Transportation, shall perform a baseline audit of the information system maintained under section 31309 of title 49, United States Code. The audit shall include—(1) an assessment of the validity of data in the information system on a State-by-State basis;(2) an assessment of the extent to which convictions are validly posted on a driver’s record;(3) recommendations to the Secretary 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;(4) identification, on a State-by-State basis, of any actions that the Inspector General finds necessary to improve the integrity of data collected by the system and to ensure the proper posting of convictions; and(5) an analysis of amounts and use of the revenues derived from fees charged for use of the commercial driver’s license information system.