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.—In this section, ‘‘employee’’ means a driver of a commercial motor vehicle (including an independent contractor when per- sonally operating a commercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who— (1) directly affects commercial motor vehi- cle safety or security in the course of employ- ment by a commercial motor carrier; and (2) is not an employee of the United States Government, a State, or a political subdivi- sion of a State acting in the course of employ- ment. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 990; Pub. L. 110–53, title XV, § 1536, Aug. 3, 2007, 121 Stat. 464.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31105(a) ...... 49 App.:2305(a), (b). Jan. 6, 1983, Pub. L. 97–424, § 405(a)–(d), 96 Stat. 2157. 31105(b) ...... 49 App.:2305(c). 31105(c) ...... 49 App.:2305(d). 31105(d) ...... 49 App.:2305(e). Jan. 6, 1983, Pub. L. 97–424, § 405(e), 96 Stat. 2158; Nov. 8, 1984, Pub. L. 98–620, § 402(51), 98 Stat. 3361. In subsection (a)(1), before clause (A), the words ‘‘in any manner’’ are omitted as surplus. The word ‘‘condi- tions’’ is omitted as included in ‘‘terms’’. In clauses (A) and (B), the word ‘‘rule’’ is omitted as being synony- mous with ‘‘regulation’’. In clause (A), the word ‘‘begun’’ is substituted for ‘‘instituted or caused to be instituted’’ for consistency in the revised title and to eliminate unnecessary words. In clause (B), the words before subclause (i) are substituted for ‘‘for refusing to operate a vehicle when’’ and ‘‘or because of’’ for clarity and consistency. In subclause (ii), the words ‘‘vehicle’s unsafe condition’’ are substituted for ‘‘unsafe condition of such equipment’’ for consistency. Subsection (a)(2) is substituted for 49 App.:2305(b) (2d, last sentences) for clarity and to eliminate unnecessary words. In subsection (b)(1), the words ‘‘alleging such dis- charge, discipline, or discrimination’’ are omitted as surplus. In subsection (b)(2)(B), the words ‘‘Not later than 30 days after the notice under subparagraph (A) of this paragraph’’ are substituted for ‘‘Thereafter’’ and ‘‘with- in thirty days’’ for clarity. In subsection (b)(2)(C), the words ‘‘Before the final order is issued’’ are substituted for ‘‘In the interim’’ for clarity. Subsection (b)(3)(A) is substituted for 49 App.:2305(c)(2)(B) (1st sentence) for clarity and to elimi- nate unnecessary words. In clause (ii), the word ‘‘condi- tions’’ is omitted as included in ‘‘terms’’. The provision for back pay is moved from clause (ii) to clause (iii) for clarity. In subsection (b)(3)(B), the words ‘‘a sum equal to the aggregate amount of all’’ and ‘‘and expenses’’ are omit- ted as surplus. The words ‘‘in bringing the complaint’’ are substituted for ‘‘for, or in connection with, the bringing of the complaint upon which the order was issued’’ to eliminate unnecessary words. In subsection (c), the words ‘‘or aggrieved’’ and ‘‘with respect to which the order was issued, allegedly’’ are omitted as surplus. The words ‘‘in accordance with the provisions of chapter 7 of title 5 and’’ are omitted be- cause 5:ch. 7 applies unless otherwise stated. In subsection (d), the text of 49 App.:2305(e) (last sen- tence) is omitted as unnecessary. Editorial Notes AMENDMENTS 2007—Pub. L. 110–53 amended text of section gen- erally. Prior to amendment, section related to, in sub- sec. (a), prohibition against discharge or discipline of, or discrimination against, an employee regarding pay, terms, or privileges of employment for certain actions, in subsec. (b), procedures for filing of complaint, in sub- sec. (c), judicial review and venue, and, in subsec. (d), civil action to enforce an order. Statutory Notes and Related Subsidiaries EMPLOYEE PROTECTIONS Pub. L. 105–178, title IV, § 4023, June 9, 1998, 112 Stat. 415, provided that, not later than 2 years after June 9, 1998, the Secretary of Transportation, in conjunction with the Secretary of Labor, was to report to Congress on the effectiveness of existing statutory employee pro- tections under this section, with recommendations to address any statutory changes necessary to strengthen the enforcement of these provisions. § 31106. Information systems (a) INFORMATION SYSTEMS AND DATA ANAL- YSIS.— (1) IN GENERAL.—Subject to the provisions of this section, the Secretary shall establish and operate motor carrier, commercial motor ve- hicle, and driver information systems and data analysis programs to support safety regu- latory and enforcement activities required under this title. Page 847 TITLE 49—TRANSPORTATION § 31106 (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 PRO- GRAMS.—The Secretary shall develop and maintain under this section data analysis ca- pacity and programs that provide the means to— (A) identify and collect necessary motor carrier, commercial motor vehicle, and driv- er 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 strate- gies and related programs; (D) determine the cost-effectiveness of Federal and State safety compliance and en- forcement programs and other counter- measures; (E) adapt, improve, and incorporate other information and information systems as the Secretary determines appropriate; (F) ensure, to the maximum extent prac- tical, 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 em- ployer is or was related, through common ownership, common management, common control, or common familial relationship, to any other person, employer, or any other ap- plicant 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 informa- tion collection and reporting by the States and other entities as determined appropriate by the Secretary; (B) uniform Federal, State, and local poli- cies 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 INFORMA- TION SYSTEMS MANAGEMENT.— (1) INFORMATION CLEARINGHOUSE.—The Sec- retary shall include, as part of the motor car- rier 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 oper- ating such vehicles. The clearinghouse and re- pository may include information on the safe- ty fitness of each of the motor carriers and registrants and other information the Sec- retary considers appropriate, including infor- mation 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 li- censing systems and shall be designed to en- able a State to— (A) determine the safety fitness of a motor carrier or registrant when licensing or reg- istering the registrant or motor carrier or while the license or registration is in effect; and (B) deny, suspend, or revoke the commer- cial motor vehicle registrations of a motor carrier or registrant that has been issued an operations out-of-service order by the Sec- retary. (3) CONDITIONS FOR PARTICIPATION.—The Sec- retary shall require States, as a condition of participation in the program, to— (A) comply with the uniform policies, pro- cedures, and technical and operational standards prescribed by the Secretary under subsection (a)(4); (B) possess or seek the authority to pos- sess for a time period no longer than deter- mined reasonable by the Secretary, to im- pose 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 registra- tion 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 oper- ate 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 sanc- tions under clause (i), if the Secretary per- mits 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 Sec- retary is authorized to establish a program to improve commercial motor vehicle driver safe- ty. The objectives of the program shall include— (A) enhancing the exchange of driver licens- ing 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 perform- ance that the Secretary determines appro- priate; 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 in- formation system, subject to section 2721 of title 18. (d) COOPERATIVE AGREEMENTS, GRANTS, AND CONTRACTS.—The Secretary may carry out this section either independently or in cooperation with other Federal departments, agencies, and Page 848 TITLE 49—TRANSPORTATION [§ 31107 instrumentalities, or by making grants to, and entering into contracts and cooperative agree- ments with, States, local governments, associa- tions, institutions, corporations, and other per- sons. (e)(1) INFORMATION AVAILABILITY AND PRIVACY PROTECTION POLICY.—The Secretary shall de- velop 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 prohibi- tion on disclosure of information in section 31105(h) or 31143(b) of this title or section 552a of title 5, the Secretary may disclose information maintained by the Secretary pursuant to chap- ters 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 deter- mined by the Secretary. Disclosure under this section shall not operate as a waiver by the Sec- retary of any applicable privilege against disclo- sure under common law or as a basis for compel- ling disclosure under section 552 of title 5. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 991; Pub. L. 105–178, title IV, § 4004(a), June 9, 1998, 112 Stat. 398; Pub. L. 109–59, title IV, §§ 4108(a), 4109(a), Aug. 10, 2005, 119 Stat. 1720; Pub. L. 112–141, div. C, title II, §§ 32103(b), 32306, 32508, 32602, July 6, 2012, 126 Stat. 780, 793, 805, 807; Pub. L. 114–94, div. A, title V, §§ 5101(e)(2), 5102, Dec. 4, 2015, 129 Stat. 1525, 1526.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31106(a) ...... 49 App.:2306(f). Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2155, § 407; added Dec. 18, 1991, Pub. L. 102–240, § 4003, 105 Stat. 2144. 31106(b) ...... 49 App.:2306(a) (2)–(5). 31106(c) ...... 49 App.:2306(b). 31106(d) ...... 49 App.:2306(a)(1). 31106(e) ...... 49 App.:2306(c). 31106(f) ....... 49 App.:2306(d). 31106(g) ...... 49 App.:2306(e). In subsection (b)(2), the word ‘‘schedule’’ is sub- stituted for ‘‘system’’ for clarity. Editorial Notes AMENDMENTS 2015—Subsec. (b). Pub. L. 114–94, § 5102, substituted ‘‘Systems Management’’ for ‘‘Program’’ in heading. Subsec. (b)(4). Pub. L. 114–94, § 5101(e)(2), struck out par. (4). Text read as follows: ‘‘From the funds author- ized by section 31104(i), the Secretary may make a grant in a fiscal year to a State to implement the per- formance and registration information system manage- ment requirements of this subsection.’’ 2012—Subsec. (a)(3)(H). Pub. L. 112–141, § 32103(b), added subpar. (H). Subsec. (b)(3)(C). Pub. L. 112–141, § 32602, amended sub- par. (C) generally. Prior to amendment, subpar. (C) read as follows: ‘‘establish and implement a process to cancel the motor vehicle registration and seize the reg- istration plates of a vehicle when an employer is found liable under section 31310(i)(2)(C) for knowingly allow- ing or requiring an employee to operate such a com- mercial motor vehicle in violation of an out-of-service order.’’ Subsec. (c). Pub. L. 112–141, § 32306, struck out subsec. heading ‘‘COMMERCIAL MOTOR VEHICLE DRIVER SAFETY PROGRAM’’, designated existing provisions as par. (1) and inserted par. heading, redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1), and added par. (2). Subsec. (e). Pub. L. 112–141, § 32508, designated exist- ing provisions as par. (1) and added par. (2). 2005—Subsec. (a)(3)(F), (G). Pub. L. 109–59, § 4108(a), added subpars. (F) and (G). Subsec. (b)(2) to (4). Pub. L. 109–59, § 4109(a), added pars. (2) to (4) and struck out former pars. (2) to (4), which related to design of program with State licensing systems in par. (2), conditions of participation in par. (3), and funding for fiscal years 1998 to 2003 in par. (4). 1998—Pub. L. 105–178 amended section catchline and text generally, substituting, in subsec. (a), provisions relating to information systems and data analysis for provisions relating to definition of commercial motor vehicle, in subsec. (b), provisions relating to perform- ance and registration information program for provi- sions relating to information system, in subsec. (c), provisions relating to commercial motor vehicle driver safety program for provisions relating to demonstra- tion project, in subsec. (d), provisions relating to coop- erative agreements, grants, and contracts for provi- sions relating to review of State systems, and in sub- sec. (e), provisions relating to information availability and privacy protection policy for provisions relating to regulations, and striking out subsecs. (f) and (g), which related to report to Congress and authorization of ap- propriations, respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by section 5102 of Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Orga- nization and Employees. Amendment by section 5101(e)(2) of Pub. L. 114–94 ef- fective Oct. 1, 2016, see section 5101(f) of Pub. L. 114–94, set out as a note under section 31102 of this title. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF TITLE 51 General references to ‘‘this title’’ deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS DEPLOYMENT Pub. L. 109–59, title IV, § 4126, Aug. 10, 2005, 119 Stat. 1738, as amended by Pub. L. 114–94, div. A, title V, § 5105(f)(1), Dec. 4, 2015, 129 Stat. 1529, which required the Secretary of Transportation to carry out a com- mercial vehicle information systems and networks pro- gram and provided for grants for deployment, was re- pealed by Pub. L. 114–94, div. A, title V, § 5101(e)(5), Dec. 4, 2015, 129 Stat. 1525, effective Oct. 1, 2016. [§ 31107. Repealed. Pub. L. 114–94, div. A, title V, § 5101(e)(3), Dec. 4, 2015, 129 Stat. 1525] Section, added Pub. L. 109–59, title IV, § 4110(a)(2), Aug. 10, 2005, 119 Stat. 1721; amended Pub. L. 112–141,