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49 U.S.C. § 31106 — Information systems

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 31106 — Information systems

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Source location: Title 49, Chapter 311, § 31106; chapter-311-commercial-motor-vehicle-safety.md

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**(a) Information Systems and Data Analysis.—** (1) **In general.—** — Subject to the provisions of this section, the Secretary shall establish and operate motor carrier, commercial motor vehicle, and driver information systems and data analysis programs to support safety regulatory and enforcement activities required under this title. (2) **Network coordination.—** — In cooperation with the States, the information systems under this section shall be coordinated into a network providing accurate identification of motor carriers and drivers, commercial motor vehicle registration and license tracking, and motor carrier, commercial motor vehicle, and driver safety performance data. (3) **Data analysis capacity and programs.—** — The Secretary shall develop and maintain under this section data analysis capacity and programs that provide the means to— (A) identify and collect necessary motor carrier, commercial motor vehicle, and driver data; (B) evaluate the safety fitness of motor carriers and drivers; (C) develop strategies to mitigate safety problems and to use data analysis to address and measure the effectiveness of such strategies and related programs; (D) determine the cost-effectiveness of Federal and State safety compliance and enforcement programs and other countermeasures; (E) adapt, improve, and incorporate other information and information systems as the Secretary determines appropriate; (F) ensure, to the maximum extent practical, all the data is complete, timely, and accurate across all information systems and initiatives; (G) establish and implement a national motor carrier safety data correction system; and (H) determine whether a person or employer is or was related, through common ownership, common management, common control, or common familial relationship, to any other person, employer, or any other applicant for registration under section 13902 or 31134. (4) **Standards.—** — To implement this section, the Secretary shall prescribe technical and operational standards to ensure— (A) uniform, timely, and accurate information collection and reporting by the States and other entities as determined appropriate by the Secretary; (B) uniform Federal, State, and local policies and procedures necessary to operate the information system; and (C) the reliability and availability of the information to the Secretary and States. **(b) Performance and Registration Information Systems Management.—** (1) **Information clearinghouse.—** — The Secretary shall include, as part of the motor carrier information system authorized by this section, a program to establish and maintain a clearinghouse and repository of information related to State registration and licensing of commercial motor vehicles, the registrants of such vehicles, and the motor carriers operating such vehicles. The clearinghouse and repository may include information on the safety fitness of each of the motor carriers and registrants and other information the Secretary considers appropriate, including information on motor carrier, commercial motor vehicle, and driver safety performance. (2) **Design.—** — The program shall link Federal motor carrier safety information systems with State commercial vehicle registration and licensing systems and shall be designed to enable a State to— (A) determine the safety fitness of a motor carrier or registrant when licensing or registering the registrant or motor carrier or while the license or registration is in effect; and (B) deny, suspend, or revoke the commercial motor vehicle registrations of a motor carrier or registrant that has been issued an operations out-of-service order by the Secretary. (3) **Conditions for participation.—** — The Secretary shall require States, as a condition of participation in the program, to— (A) comply with the uniform policies, procedures, and technical and operational standards prescribed by the Secretary under subsection (a)(4); (B) possess or seek the authority to possess for a time period no longer than determined reasonable by the Secretary, to impose sanctions relating to commercial motor vehicle registration on the basis of a Federal safety fitness determination; and (C) establish and implement a process— (i) to cancel the motor vehicle registration and seize the registration plates of a vehicle when an employer is found liable under section 31310(i)(2)(C) for knowingly allowing or requiring an employee to operate such a commercial motor vehicle in violation of an out-of-service order; and (ii) to reinstate the vehicle registration or return the registration plates of the commercial motor vehicle, subject to sanctions under clause (i), if the Secretary permits such carrier to resume operations after the date of issuance of such order. **(c)** (1) **In General.—** — In coordination with the information system under section 31309, the Secretary is authorized to establish a program to improve commercial motor vehicle driver safety. The objectives of the program shall include— (A) enhancing the exchange of driver licensing information among the States, the Federal Government, and foreign countries; (B) providing information to the judicial system on commercial motor vehicle drivers; (C) evaluating any aspect of driver performance that the Secretary determines appropriate; and (D) developing appropriate strategies and countermeasures to improve driver safety. (2) **Access to records.—** — The Secretary may require a State, as a condition of an award of grant money under this section, to provide the Secretary access to all State licensing status and driver history records via an electronic information system, subject to [section 2721 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2721&num=0&edition=prelim). **(d) Cooperative Agreements, Grants, and Contracts.—** The Secretary may carry out this section either independently or in cooperation with other Federal departments, agencies, and instrumentalities, or by making grants to, and entering into contracts and cooperative agreements with, States, local governments, associations, institutions, corporations, and other persons. **(e)** (1) **Information Availability and Privacy Protection Policy.—** — The Secretary shall develop a policy on making information available from the information systems authorized by this section and section 31309. The policy shall be consistent with existing Federal information laws, including regulations, and shall provide for review and correction of such information in a timely manner. (2) **In general.—** — Notwithstanding any prohibition on disclosure of information in section 31105(h) or 31143(b) of this title or [section 552a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim), the Secretary may disclose information maintained by the Secretary pursuant to chapters 51, 135, 311, or 313 of this title to appropriate personnel of a State agency or instrumentality authorized to carry out State commercial motor vehicle safety activities and commercial driver’s license laws, or appropriate personnel of a local law enforcement agency, in accordance with standards, conditions, and procedures as determined by the Secretary. Disclosure under this section shall not operate as a waiver by the Secretary of any applicable privilege against disclosure under common law or as a basis for compelling disclosure under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 101 — Purpose

**(a)** The national objectives of general welfare, economic growth and stability, and security of the United States require the development of transportation policies and programs that contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost consistent with those and other national objectives, including the efficient use and conservation of the resources of the United States. **(b)** A Department of Transportation is necessary in the public interest and to— (1) ensure the coordinated and effective administration of the transportation programs of the United States Government; (2) make easier the development and improvement of coordinated transportation service to be provided by private enterprise to the greatest extent feasible; (3) encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested persons to achieve transportation objectives; (4) stimulate technological advances in transportation, through research and development or otherwise; (5) provide general leadership in identifying and solving transportation problems; and (6) develop and recommend to the President and Congress transportation policies and programs to achieve transportation objectives considering the needs of the public, users, carriers, industry, labor, and national defense.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2721 — Prohibition on release and use of certain personal information from State motor vehicle records

**(a) In General.—** A State department of motor vehicles, and any officer, employee, or contractor thereof, shall not knowingly disclose or otherwise make available to any person or entity: (1) personal information, as defined in [18 U.S.C. 2725(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2725/3&num=0&edition=prelim), about any individual obtained by the department in connection with a motor vehicle record, except as provided in subsection (b) of this section; or (2) highly restricted personal information, as defined in [18 U.S.C. 2725(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2725/4&num=0&edition=prelim), about any individual obtained by the department in connection with a motor vehicle record, without the express consent of the person to whom such information applies, except uses permitted in subsections (b)(1), (b)(4), (b)(6), and (b)(9): Provided, That subsection (a)(2) shall not in any way affect the use of organ donation information on an individual’s driver’s license or affect the administration of organ donation initiatives in the States. **(b) Permissible Uses.—** Personal information referred to in subsection (a) shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of titles I and IV of the Anti Car Theft Act of 1992, the Automobile Information Disclosure Act ([15 U.S.C. 1231](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2721

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552 — Public information; agency rules, opinions, orders, records, and proceedings

**(a)** Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public— (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format— (A) final opinions, including concurring and dissen

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552a — Records maintained on individuals

**(a) Definitions.—** For purposes of this section— (1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title; (2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence; (3) the term “maintain” includes maintain, collect, use, or disseminate; (4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph; (5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; (6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim); (7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected; (8) the term “matching program”— (A) means any computerized comparison of— (i) two or more automated systems of records or a system of records with non-Federal records for the purpose

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5313 — Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 31102 — Motor carrier safety assistance program

**(a) In General.—** The Secretary of Transportation shall administer a motor carrier safety assistance program funded under section 31104. **(b) Goal.—** The goal of the program is to ensure that the Secretary, States, local governments, other political jurisdictions, federally recognized Indian tribes, and other persons work in partnership to establish programs to improve motor carrier, commercial motor vehicle, and driver safety to support a safe and efficient surface transportation system by— (1) making targeted investments to promote safe commercial motor vehicle transportation, including the transportation of passengers and hazardous materials; (2) investing in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes and in fatalities resulting from such crashes; (3) adopting and enforcing effective motor carrier, commercial motor vehicle, and driver safety regulations and practices consistent with Federal requirements; and (4) assessing and improving statewide performance by setting program goals and meeting performance standards, measures, and benchmarks. **(c) State Plans.—** (1) **In general.—** — In carrying out the program, the Secretary shall prescribe procedures for a State to submit a multiple-year plan, and annual updates thereto, under which the State agrees to assume responsibility for improving motor carrier safety by adopting and enforcing State regulations, standards, and orders that are compatible with the regulations, standards, and orders of the Federal Government on commercial motor vehicle safety and hazardous materials transportation safety. (2) **Contents.—** — The Secretary shall approve a State plan if the Secretary determines that the plan is adequate to comply with the require

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 101 — Definitions and declaration of policy

**(a) Definitions.—** In this title, the following definitions apply: (1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon

Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 31106 — Information systems

Page 846 TITLE 49—TRANSPORTATION § 31106 (h) DISCLOSURE OF IDENTITY.— (1) Except as provided in paragraph (2) of this subsection, or with the written consent of the employee, the Secretary of Transportation or the Secretary of Homeland Security may not disclose the name of an employee who has provided information about an alleged viola- tion of this part, or a regulation prescribed or order issued under any of those provisions. (2) The Secretary of Transportation or the Secretary of Homeland Security shall disclose to the Attorney General the name of an em- ployee described in paragraph (1) of this sub- section if the matter is referred to the Attor- ney General for enforcement. The Secretary making such disclosure shall provide reason- able advance notice to the affected employee if disclosure of that person’s identity or iden- tifying information is to occur. (i) PROCESS FOR REPORTING SECURITY PROB- LEMS TO THE DEPARTMENT OF HOMELAND SECU- RITY.— (1) ESTABLISHMENT OF PROCESS.—The Sec- retary of Homeland Security shall establish through regulations, after an opportunity for notice and comment, a process by which any person may report to the Secretary of Home- land Security regarding motor carrier vehicle security problems, deficiencies, or vulnerabilities. (2) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted under paragraph (1) identifies the person making the report, the Secretary of Homeland Security shall respond promptly to such person and acknowledge receipt of the re- port. (3) STEPS TO ADDRESS PROBLEM.—The Sec- retary of Homeland Security shall review and consider the information provided in any re- port submitted under paragraph (1) and shall take appropriate steps to address any prob- lems or deficiencies identified. (j) DEFINITION.—

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