Sec. 104. MOTOR CARRIER SAFETY STRATEGY
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## SEC. 104 MOTOR CARRIER SAFETY STRATEGY **[**[49 U.S.C. 31100 note](/us/usc/t49/s31100)**]** ###
(a)Safety Goals In conjunction with existing federally required strategic planning efforts, the Secretary shall develop a long-term strategy for improving commercial motor vehicle, operator, and carrier safety. The strategy shall include an annual plan and schedule for achieving, at a minimum, the following goals: ####
(1)Reducing the number and rates of crashes, injuries, and fatalities involving commercial motor vehicles. ####
(2)Improving the consistency and effectiveness of commercial motor vehicle, operator, and carrier enforcement and compliance programs. ####
(3)Identifying and targeting enforcement efforts at high-risk commercial motor vehicles, operators, and carriers. ####
(4)Improving research efforts to enhance and promote commercial motor vehicle, operator, and carrier safety and performance. ###
(b)Contents of Strategy ####
(1)Measurable goals The strategy and annual plans under subsection
(a)shall include, at a minimum, specific numeric or measurable goals designed to achieve the strategic goals of subsection (a). The purposes of the numeric or measurable goals are as follows: #####
(A)To increase the number of inspections and compliance reviews to ensure that all high-risk commercial motor vehicles, operators, and carriers are examined. #####
(B)To eliminate, with meaningful safety measures, the backlog of rulemakings. #####
(C)To improve the quality and effectiveness of data bases by ensuring that all States and inspectors accurately and promptly report complete safety information. #####
(D)To eliminate, with meaningful civil and criminal penalties for violations, the backlog of enforcement cases. #####
(E)To provide for a sufficient number of Federal and State safety inspectors, and provide adequate facilities and equipment, at international border areas. ####
(2)Resource needs In addition, the strategy and annual plans shall include estimates of the funds and staff resources needed to accomplish each activity. Such estimates shall also include the staff skills and training needed for timely and effective accomplishment of each goal. ####
(3)Savings clause In developing and assessing progress toward meeting the measurable goals set forth in this subsection, the Secretary and the Federal Motor Carrier Safety Administrator shall not take any action that would impinge on the due process rights of motor carriers and drivers. ###
(c)Submission With the President's Budget Beginning with fiscal year 2001 and each fiscal year thereafter, the Secretary shall submit to Congress the strategy and annual plan at the same time as the President's budget submission. ###
(d)Annual Performance ####
(1)Annual performance agreement For each of fiscal years 2001 through 2003, the following officials shall enter into annual performance agreements: #####
(A)The Secretary and the Federal Motor Carrier Safety Administrator. #####
(B)The Administrator and the Deputy Federal Motor Carrier Safety Administrator. #####
(C)The Administrator and the Chief Safety Officer of the Federal Motor Carrier Safety Administration. #####
(D)The Administrator and the regulatory ombudsman of the Administration designated by the Administrator under subsection (f). ####
(2)Goals Each annual performance agreement entered into under paragraph
(1)shall include the appropriate numeric or measurable goals of subsection (b). ####
(3)Progress assessment Consistent with the current performance appraisal system of the Department of Transportation, the Secretary shall assess the progress of each official (other than the Secretary) referred to in paragraph
(1)toward achieving the goals in his or her performance agreement. The Secretary shall convey the assessment to such official, including identification of any deficiencies that should be remediated before the next progress assessment. ####
(4)Administration In deciding whether or not to award a bonus or other achievement award to an official of the Administration who is a party to a performance agreement required by this subsection, the Secretary shall give substantial weight to whether the official has made satisfactory progress toward meeting the goals of his or her performance agreement. ###
(e)Achievement of Goals ####
(1)Progress assessment No less frequently than semiannually, the Secretary and the Administrator shall assess the progress of the Administration toward achieving the strategic goals of subsection (a). The Secretary and the Administrator shall convey their assessment to the employees of the Administration and shall identify any deficiencies that should be remediated before the next progress assessment. ####
(2)Report to congress The Secretary shall report annually to Congress the contents of each performance agreement entered into under subsection
(d)and the official's performance relative to the goals of the performance agreement. In addition, the Secretary shall report to Congress on the performance of the Administration relative to the goals of the motor carrier safety strategy and annual plan under subsection (a). ###
(f)Expediting Regulatory Proceedings The Administrator shall designate a regulatory ombudsman to expedite rulemaking proceedings. The Secretary and the Administrator shall each delegate to the ombudsman such authority as may be necessary for the ombudsman to expedite rulemaking proceedings of the Administration to comply with statutory and internal departmental deadlines, including authority to— ####
(1)make decisions to resolve disagreements between officials in the Administration who are participating in a rulemaking process; and ####
(2)ensure that sufficient staff are assigned to rulemaking projects to meet all deadlines.
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Sec. 104
MOTOR CARRIER SAFETY STRATEGY
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