```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 453 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 453

     To improve the safety of motorcoaches, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2011

   Mr. Brown of Ohio (for himself and Mrs. Hutchison) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
     To improve the safety of motorcoaches, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Motorcoach 
Enhanced Safety Act of 2011''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Regulations for improved occupant protection and motorcoach 
                            crash avoidance.
Sec. 4. Standards for improved fire safety.
Sec. 5. Occupant protection and collision avoidance research.
Sec. 6. New entrants.
Sec. 7. Reincarnated motor carriers.
Sec. 8. Improved oversight of providers of motorcoach services and of 
                            other motorcoach carriers of passengers.
Sec. 9. Motorcoach driver training.
Sec. 10. Improved testing for the commercial driver's license passenger 
                            endorsement.
Sec. 11. Improved physical fitness oversight and commercial driver 
                            medical certificates.
Sec. 12. Safety and enforcement technology for motorcoaches.
Sec. 13. Safety inspection program for commercial motor vehicles of 
                            passengers.
Sec. 14. Distracted driving.
Sec. 15. Motorcoach rental or leasing companies.
Sec. 16. Regulations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advanced glazing.--The term ``advanced glazing'' means 
        glazing installed in a portal on the side or the roof of a 
        motorcoach that is designed to be highly resistant to partial 
        or complete occupant ejection in all types of motor vehicle 
        crashes.
            (2) Bus.--The term ``bus'' has the meaning given such term 
        in section 571.3(b) of title 49, Code of Federal Regulations 
        (as in effect on the day before the date of enactment of this 
        Act).
            (3) Commercial motor vehicle.--Except as otherwise 
        specified, the term ``commercial motor vehicle'' has the 
        meaning given such term in section 31132(1) of title 49, United 
        States Code.
            (4) Direct tire pressure monitoring system.--The term 
        ``direct tire pressure monitoring system'' means a tire 
        pressure monitoring system (as defined in section 571.138 of 
        title 49, Code of Federal Regulations), that is capable of 
        directly detecting when the air pressure level in any tire is 
        significantly under-inflated and immediately providing the 
        driver a low tire pressure warning as to which specific tire is 
        significantly under-inflated.
            (5) Electronic on-board recorder.--The term ``electronic 
        on-board recorder'' means an electronic device that acquires 
        and stores data showing the record of duty status of the 
        vehicle operator and performs the functions required of an 
        automatic on-board recording device in section 395.15(b) of 
        title 49, Code of Federal Regulations.
            (6) Event data recorder.--The term ``event data recorder'' 
        has the meaning given that term in section 563.5 of title 49, 
        Code of Federal Regulations.
            (7) Motor carrier.--The term ``motor carrier'' means--
                    (A) a motor carrier (as defined in section 
                13102(14) of title 49, United States Code); or
                    (B) a motor private carrier (as defined in section 
                13102(15) of such title).
            (8) Motorcoach.--The term ``motorcoach'' has the meaning 
        given the term ``over-the-road bus'' in section 3038(a)(3) of 
        the Transportation Equity Act for the 21st Century (Public Law 
        105-178; 49 U.S.C. 5310 note), but does not include--
                    (A) buses used in public transportation provided by 
                a State or local government; or
                    (B) school buses, including multifunction school 
                activity buses.
            (9) Motorcoach services.--The term ``motorcoach services'' 
        means passenger transportation by motorcoach for compensation.
            (10) Multifunction school activity buses.--The term 
        ``multifunction school activity buses'' has the meaning given 
        such term in section 571.3(b) of title 49, Code of Federal 
        Regulations (as in effect on the day before the date of the 
        enactment of this Act).
            (11) Portal.--The term ``portal'' means any opening on the 
        front, sides, rear, or roof of a motorcoach that could, in the 
        event of a crash involving the motorcoach, permit the partial 
        or complete ejection of any occupant from the motorcoach, 
        including a young child.
            (12) Provider of motorcoach services.--The term ``provider 
        of motorcoach services'' means a motor carrier that provides 
        passenger transportation services with a motorcoach, including 
        per-trip compensation and contracted or chartered compensation.
            (13) Public transportation.--The term ``public 
        transportation'' has the meaning given such term in section 
        5302(a)(10) of title 49, United States Code.
            (14) Safety belt.--The term ``safety belt'' has the meaning 
        given such term in section 153(i)(4)(B) of title 23, United 
        States Code.
            (15) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 3. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION AND MOTORCOACH 
              CRASH AVOIDANCE.

    (a) Regulations Required Within 1 Year.--Not later than 1 year 
after the date of the enactment of this Act, the Secretary shall 
prescribe the following regulations:
            (1) Safety belts.--The Secretary shall require safety belts 
        to be installed in motorcoaches at each designated seating 
        position.
            (2) Roof strength and crush resistance.--The Secretary 
        shall establish improved roof standards for motorcoaches that 
        substantially improve the resistance of motorcoach roofs to 
        deformation and intrusion to prevent serious occupant injury in 
        rollover crashes involving motorcoaches.
            (3) Anti-ejection safety countermeasures.--The Secretary 
        shall require advanced glazing to be installed in each 
        motorcoach portal to prevent partial or complete ejection of 
        passengers of motorcoaches, including such passengers that are 
        children.
            (4) Rollover crash avoidance.--The Secretary shall require 
        motorcoaches to be equipped with stability enhancing 
        technology, such as electronic stability control, or torque 
        vectoring, to reduce the number and frequency of rollover 
        crashes among motorcoaches.
            (5) Firefighting equipment.--The Secretary shall require 
        the installation in motorcoaches of improved fire extinguishers 
        or other readily available firefighting equipment for the 
        purpose of effectively extinguishing fires in motorcoaches to 
        prevent passenger deaths and injuries.
    (b) Regulations Required Within 2 Years.--Not later than 2 years 
after the date of enactment of this Act, the Secretary shall prescribe 
the following commercial motor vehicle tire regulations:
            (1) Commercial motor vehicle tire pressure monitoring 
        systems.--
                    (A) In general.--The Secretary shall prescribe 
                regulations that require motorcoaches to be equipped 
                with direct tire pressure monitoring systems that warn 
                the operator of a commercial motor vehicle when any 
                tire exhibits a level of air pressure that is below a 
                specified level of air pressure established by the 
                Secretary.
                    (B) Performance requirements.--The regulations 
                prescribed by the Secretary under this section shall 
                include performance requirements to ensure that direct 
                tire pressure monitoring systems are capable of 
                performing--
                            (i) at all times when the ignition locking 
                        system is in the ``On'' position;
                            (ii) at all vehicle speeds;
                            (iii) on all road surfaces;
                            (iv) during all weather conditions; and
                            (v) after a repair or other service is 
                        performed on a tire.
            (2) Tire performance standard.--The Secretary shall upgrade 
        performance standards for tires used on motorcoaches, including 
        an enhanced endurance test and a new high-speed performance 
        test.
    (c) Application of Regulations.--
            (1) New motorcoaches.--Any regulation prescribed pursuant 
        to subsection (a) or (b) shall apply to all motorcoaches that 
        are manufactured more than 2 years after the date on which the 
        regulation is published as a final rule.
            (2) Retrofit requirements for existing motorcoaches.--The 
        Secretary may, by regulation, provide for the application of 
        any requirement established under this section to motorcoaches 
        manufactured before the date on which the requirement applies 
        to new motorcoaches under paragraph (1) based on an assessment 
        of the feasibility, benefits, and costs of retrofitting the 
        older motorcoaches. The Secretary shall complete an assessment 
        with respect to safety belt retrofits not later than 2 years 
        after the date of the enactment of this Act.

SEC. 4. STANDARDS FOR IMPROVED FIRE SAFETY.

    (a) Evaluations.--Not later than 18 months after the date of the 
enactment of this Act, the Secretary shall complete an evaluation of 
the following:
            (1) Flammability standard for exterior components.--The 
        Secretary shall examine the feasibility of establishing 
        requirements for fire hardening or fire resistance of 
        motorcoach exterior components to prevent fire and smoke 
        inhalation injuries to occupants.
            (2) Smoke suppression.--The Secretary shall review Federal 
        motor vehicle safety standard number 302 (49 CFR 571.302; 
        relating to flammability of interior materials) to consider 
        more realistic tests to improve the resistance of motorcoach 
        interiors and components to burning, prevent inhalation by 
        passengers of toxic smoke and vapors, and permit sufficient 
        time for the safe evacuation of passengers from motorcoaches.
            (3) Prevention of, and resistance to, wheel well fires.--
        The Secretary shall assess technologies to prevent and mitigate 
        the propagation of wheel well fires into the passenger 
        compartment and substantially reduce occupant deaths and 
        injuries from such fires.
            (4) Passenger evacuation.--The Secretary shall evaluate 
        requirements for motorcoaches to be equipped with the 
        following:
                    (A) Improved emergency evacuation designs.--
                Improved emergency exit window, door, roof hatch, and 
                wheelchair lift door designs to expedite access and use 
                by passengers of motorcoaches under all emergency 
                circumstances, including crashes and fires.
                    (B) Emergency interior lighting.--Emergency 
                interior lighting systems, including luminescent or 
                retroreflectorized delineation of evacuation paths and 
                exits, that are triggered by a crash or other emergency 
                incidents to accomplish more rapid and effective 
                evacuation of passengers.
            (5) Automatic fire suppression.--The Secretary shall 
        evaluate requirements for motorcoaches to be equipped with 
        highly effective fire suppression systems that automatically 
        respond to and suppress all fires in such motorcoaches.
    (b) Performance Requirements.--Not later than 3 years after the 
date of the enactment of this Act, the Secretary shall issue 
performance requirements for improved fire safety and passenger 
evacuation based on the results of the evaluations conducted under 
subsection (a).

SEC. 5. OCCUPANT PROTECTION AND COLLISION AVOIDANCE RESEARCH.

    (a) Safety Research Initiatives.--Not later than 2 years after the 
date of the enactment of this Act, the Secretary shall complete 
research on the following:
            (1) Compartmentalization safety countermeasures.--Enhanced 
        compartmentalization safety countermeasures for motorcoaches, 
        including enhanced seating designs, to reduce substantially the 
        risk of passengers being thrown from their seats and colliding 
        with other passengers, interior surfaces, and components in the 
        event of a crash involving a motorcoach.
            (2) Interior impact protection.--Enhanced occupant impact 
        protection standards for motorcoach interiors to reduce 
        substantially serious injuries for all passengers of 
        motorcoaches.
            (3) Collision avoidance systems.--Forward and lateral crash 
        warning systems applications for motorcoaches.
    (b) Standards and Regulations.--Not later than 2 years after the 
completion of each research initiative required under subsection (a), 
the Secretary shall prescribe a standard or regulation based on the 
results of that research.

SEC. 6. NEW ENTRANTS.

    (a) Registration Requirements.--Section 13902(b) of title 49, 
United States Code, is amended--
            (1) by redesignating paragraphs (1) through (8) as 
        paragraphs (2) through (9), respectively; and
            (2) by inserting before paragraph (2), as redesignated, the 
        following:
            ``(1) Additional registration requirements for providers or 
        motorcoach services.--In addition to meeting the requirements 
        under subsection (a)(1), the Secretary may register a person to 
        provide motorcoach services only after that person--
                    ``(A) undergoes a pre-authorization safety audit, 
                including verification, in a manner sufficient to 
                demonstrate the ability to comply with Federal rules 
                and regulations, of--
                            ``(i) a drug and alcohol testing program 
                        consistent with part 40 of title 49, Code of 
                        Federal Regulations;
                            ``(ii) the carrier's system of compliance 
                        with hours-of-service rules, including hours-
                        of-service records;
                            ``(iii) the ability to obtain required 
                        insurance;
                            ``(iv) driver qualifications, including the 
                        validity of the commercial driver's license of 
                        each driver who will be operating under such 
                        authority;
                            ``(v) disclosure of common ownership, 
                        common control, common management, common 
                        familial relationship, or other corporate 
                        relationship with another motor carrier or 
                        applicant for motor carrier authority during 
                        the most recent 3 years;
                            ``(vi) records of the State inspections, or 
                        of a Level I or Level V Commercial Vehicle 
                        Safety Alliance Inspection, for all vehicles 
                        that will be operated by the carrier;
                            ``(vii) safety management programs, 
                        including vehicle maintenance and repair 
                        programs; and
                            ``(viii) the ability to comply with the 
                        Americans with Disabilities Act of 1990 (42 
                        U.S.C. 12101 et seq.) and the Over-the-Road Bus 
                        Transportation Accessibility Act of 2007 (49 
                        U.S.C. 10101 note);
                    ``(B) has been interviewed to review safety 
                management controls and the carrier's written safety 
                oversight policies and practices; and
                    ``(C) has demonstrated, through the successful 
                completion of a written examination developed by the 
                Secretary, proficiency to comply with and carry out the 
                requirements and regulations described in subsection 
                (a)(1).''.
    (b) Safety Reviews of New Operators.--Section 31144(g)(1) of title 
49, United States Code, is amended to read as follows:
            ``(1) Safety review.--
                    ``(A) In general.--The Secretary shall require, by 
                regulation, each owner and each operator granted new 
                registration under section 13902 to undergo a safety 
                review not later than 18 months after the date on which 
                the owner or operator, as the case may be, begins 
                operations under such registration.
                    ``(B) Providers of motorcoach services.--Safety 
                reviews of owners and operators registered as providers 
                of motorcoach services shall be conducted not later 
                than 9 months after the owner or operator, as the case 
                may be, begins operations under such registration.
            ``(2) Pre-authorization safety audit.--The pre-
        authorization safety audit required under paragraph (1)(A) 
        shall be completed on-site not later than 90 days after the 
        submission of an application for operating authority.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 1 year after the date of the enactment of 
this Act.

SEC. 7. REINCARNATED MOTOR CARRIERS.

    (a) Denial, Suspension, Amendment, or Revocation of Registration.--
Section 13905(d) of title 49, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``On application'' and inserting 
                the following:
                    ``(A) Registrant application.--On application'';
                    (B) by striking ``On complaint'' and inserting the 
                following:
                    ``(B) Complaint.--On complaint'';
                    (C) by striking ``the Secretary may (A) suspend,'' 
                and inserting the following: ``the Secretary may--
                            ``(i) suspend'';
                    (D) by striking ``registration; and (B) suspend'' 
                and inserting the following ``registration;
                            ``(ii) suspend'';
                    (E) by striking ``freight forwarder: (i) for 
                failure'' and inserting the following: ``freight 
                forwarder for--
                                    ``(I) failure'';
                    (F) by striking ``title; or (ii) for failure'' and 
                inserting the following: ``title; or--
                                    ``(II) failure''; and
                    (G) by striking ``penalty. Subparagraph (B) shall 
                not apply'' and inserting the following: ``penalty; and
                            ``(iii) deny, suspend, amend, or revoke all 
                        or part of a registration of a motor carrier 
                        following a determination by the Secretary that 
                        the motor carrier failed to disclose in its 
                        application for registration a material fact 
                        relevant to its willingness and ability to 
                        comply with--
                                    ``(I) this part;
                                    ``(II) an applicable regulation or 
                                order of the Secretary or the Board; or
                                    ``(III) a condition of its 
                                registration.
                    ``(C) Exception.--Subparagraph (B)(ii) shall not 
                apply''; and
            (2) in paragraph (2), by striking ``paragraph (1)(B)'' and 
        inserting ``paragraph (1)(B)(ii)''.
    (b) Procedure.--Section 13905(e)(1) of such title is amended by 
striking ``registrant'' and inserting ``registrant, or if the Secretary 
determines that the registrant has failed to disclose a material fact 
in its application for registration in accordance with subsection 
(d)(1)(B)(iii),''.
    (c) Duties of Employers and Employees.--Section 31135 of such title 
is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) Avoiding Compliance.--
            ``(1) Prohibited actions.--Two or more employers may not 
        use common ownership, common management, common control, or 
        common familial relationship to enable any or all such 
        employers to avoid compliance, or mask or otherwise conceal 
        non-compliance, or a history of noncompliance, with commercial 
        motor vehicle safety regulations issued under this subchapter, 
        chapter 315, or an order of the Secretary issued under this 
        subchapter, chapter 315, or such regulations.
            ``(2) Civil penalties.--If the Secretary determines that an 
        employer has engaged in any of the prohibited actions described 
        in paragraph (1), the Secretary shall--
                    ``(A) deny, suspend, amend, or revoke all or part 
                of any such employer's registration under section 
                13905; and
                    ``(B) take into account such noncompliance for 
                purposes of determining the amount of the civil penalty 
                to be assessed under section 521(b)(2)(D).''.

SEC. 8. IMPROVED OVERSIGHT OF PROVIDERS OF MOTORCOACH SERVICES AND 
              OTHER MOTORCOACH CARRIERS OF PASSENGERS.

    (a) In General.--Section 31144 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(h) Periodic Safety Reviews of Providers of Motorcoach 
Services.--
            ``(1) Safety review.--Not later than 3 years after the date 
        of the enactment of the Motorcoach Enhanced Safety Act of 2011, 
        the Secretary shall--
                    ``(A) determine the safety fitness of each provider 
                of motorcoach services registered with the Federal 
                Motor Carrier Safety Administration; and
                    ``(B) assign a safety fitness rating to each such 
                provider.
            ``(2) Periodic review.--The Secretary shall establish a 
        process, by regulation, for monitoring the safety performance 
        of each provider of motorcoach services on a regular basis 
        following the assignment of a safety fitness rating, including 
        progressive intervention to correct unsafe practices.
            ``(3) Enforcement strike forces.--In addition to the 
        enhanced monitoring and enforcement actions required under 
        paragraph (2), the Secretary may organize special enforcement 
        strike forces targeting providers of motorcoach services, when 
        and where the Secretary considers appropriate.
            ``(4) Periodic update of safety fitness rating.--As part of 
        the safety review required by this subsection, the Secretary 
        shall reassess such rating not less frequently than every 3 
        years.
            ``(5) Provider of motorcoach services defined.--In this 
        subsection, the term `provider of motorcoach services' has the 
        meaning given such term in section 2 of the Motorcoach Enhanced 
        Safety Act of 2011.''.
    (b) Revision of Safety Fitness Rating Methodology.--Not later than 
1 year after the date of the enactment of this Act, the Secretary shall 
revise the safety fitness rating methodology of the Department of 
Transportation established pursuant to section 31144 of title 49, 
United States Code, to meet the goals of the safety recommendation H-
99-6 of the National Transportation Safety Board, issued on February 
26, 1999.
    (c) High Risk Carrier Compliance Reviews.--The second sentence of 
section 4138 of Public Law 109-59 (49 U.S.C. 31144 note) is amended by 
striking ``is rated as category A or B for 2 consecutive months.'' and 
inserting ``meets the Safety Measurement System criteria for being a 
high risk motor carrier for 2 consecutive months.''.

SEC. 9. MOTORCOACH DRIVER TRAINING.

    (a) Establishment of Training Curriculum.--
            (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act, the Secretary shall establish, by 
        regulation, minimum curricular requirements for entry-level 
        drivers of motorcoaches and drivers upgrading from 1 class of 
        commercial driver's license to another class, to be adopted by 
        public and private schools and motor carriers and motorcoach 
        operators that provide training for such drivers.
            (2) Curricular requirements.--The curricular requirements 
        under paragraph (1) shall include--
                    (A) classroom and behind-the-wheel instruction that 
                is adequate for training entry-level drivers of 
                motorcoaches and drivers upgrading from 1 class of 
                commercial driver's license to another class to safely 
                operate motorcoaches and respond effectively to 
                emergency situations; and
                    (B) instruction in advanced knowledge and skills 
                that are necessary to operate motorcoaches safely, 
                including knowledge and skills necessary--
                            (i) to suppress motorcoach fires; and
                            (ii) to evacuate passengers from 
                        motorcoaches safely.
    (b) Training Required.--
            (1) In general.--The Secretary shall require each 
        motorcoach driver seeking a commercial driver's license 
        passenger endorsement to undergo a training program that 
        includes the minimum curricular requirements established under 
        subsection (a) before taking a test for a commercial driver's 
        license passenger endorsement.
            (2) Certificate required.--The Secretary shall require 
        that--
                    (A) each trainer of a driver seeking a commercial 
                driver's license passenger endorsement to issue a 
                certificate to the trainee and the appropriate State 
                licensing authority certifying that the trainee has 
                completed a motorcoach driver training course that 
                includes the curricular requirements established under 
                subsection (a);
                    (B) each driver seeking to take the test for the 
                commercial driver's license passenger endorsement to 
                present the certificate to a State licensing authority;
                    (C) the State licensing authority to compare the 
                certificate presented by the applicant with the 
                certificate provided by the driver training school; and
                    (D) the State licensing authority to refuse to 
                administer the test if the certificates are not the 
                same.
    (c) Report on Feasibility, Benefits, and Costs of Establishing a 
System of Certification of Training Programs.--Not later than 2 years 
after the date of the enactment of this Act, the Secretary shall submit 
a report to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Energy and Commerce of the House of 
Representatives that describes the feasibility, benefits, and costs of 
establishing a system of certification of public and private schools 
and of motor carriers and motorcoach operators that provide motorcoach 
driver training, in accordance with the curricular requirements 
established by the Secretary under subsection (a).

SEC. 10. IMPROVED TESTING FOR THE COMMERCIAL DRIVER'S LICENSE PASSENGER 
              ENDORSEMENT.

    (a) Increased Stringency of Examination for Commercial Driver's 
License Passenger-Carrying Endorsement.--
            (1) Final rule.--Not later than 6 months after the date of 
        the enactment of this Act, the Secretary, after consultation 
        with the American Association of Motor Vehicle Administrators, 
        shall issue a final rule in Docket No. FMCSA 2007-27659: 
        Commercial Driver's License Testing and Commercial Learner's 
        Permit Standards that improves the quality and stringency of 
        the examination for the commercial driver's license passenger-
        carrying endorsement.
            (2) Requirements.--The final rule issued under paragraph 
        (1) shall require--
                    (A) a more stringent knowledge test than the test 
                in effect on the day before the date of the enactment 
                of this Act; and
                    (B) a more stringent examination of the driving 
                skills necessary to operate safely a for-hire 
                passenger-carrying commercial motor vehicle than the 
                examination of such skills in effect on the day before 
                the date of the enactment of this Act.
    (b) Modification of Requirements for Commercial Driver's License 
Passenger-Carrying Endorsement.--The Secretary shall require, by 
regulation, that any driver who transports not fewer than 9 and not 
more than 15 passengers (including the driver) in interstate commerce 
through the operation of a commercial motor vehicle (as defined in 
section 31301(4) of title 49, United States Code)--
            (1) has a commercial driver's license passenger-carrying 
        endorsement; and
            (2) has been tested in accordance with a drug and alcohol 
        testing program that is consistent with part 40 of title 49, 
        Code of Federal Regulations.

SEC. 11. IMPROVED PHYSICAL FITNESS OVERSIGHT AND COMMERCIAL DRIVER 
              MEDICAL CERTIFICATES.

    (a) Medical Review Board Functions.--Section 31149(a)(1) of title 
49, United States Code, is amended--
            (1) by striking ``recommendations on medical standards'' 
        and inserting the following: ``recommendations concerning--
                    ``(A) medical standards''; and
            (2) by striking ``medical research.'' and inserting the 
        following: ``medical research; and
                    ``(B) the criteria to be used for evaluating 
                medical examiners for admission to the national 
                registry established under subsection (d).''.
    (b) Examination Requirements for Listing in the National Registry 
of Medical Examiners.--Section 31149(c)(1)(D) of such title is amended 
to read as follows:
                    ``(D) develop requirements applicable to a medical 
                examiner seeking to be listed in the national registry, 
                including--
                            ``(i) specific courses and materials that 
                        must be completed to be listed in the national 
                        registry;
                            ``(ii) a rigorous written examination for 
                        which a passing grade must be achieved to be 
                        listed in the national registry;
                            ``(iii) certification (including self-
                        certification), as appropriate, to verify that 
                        the medical examiner has completed training, 
                        including refresher courses, that the Secretary 
                        determines are necessary to be listed in the 
                        national registry; and
                            ``(iv) demonstration of the willingness and 
                        ability of a medical examiner to comply with 
                        any reporting requirements established by the 
                        Secretary;''.
    (c) Medical Examination Form Comparisons.--Not later than 18 months 
after the date of the enactment of this Act, the Secretary shall 
prescribe a regulation that requires any medical examiner who performs 
a medical examination to certify an applicant for a commercial driver's 
license under section 391.43 of title 49, Code of Federal Regulations, 
to submit the form for such examination required under subsection (f) 
of such section (as in effect on the day before the date of the 
enactment of this Act) to the appropriate State licensing agency.
    (d) State Plan Requirement.--Section 31102(b) of title 49, United 
States Code, is amended--
            (1) in subparagraph (W), by striking ``and'' at the end;
            (2) in subparagraph (X), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(Y) requires State licensing authorities to 
                compare the forms they receive pursuant to the 
                regulation prescribed under section 11(c) of the 
                Motorcoach Enhanced Safety Act of 2011 with the medical 
                examiner's certificate required under section 391.43(g) 
                of title 49, Code of Federal Regulations (as in effect 
                on the day before the date of the enactment of that 
                Act), to determine the accuracy and validity of the 
                information contained in such forms and 
                certificates.''.
    (e) Additional Oversight of Licensing Authorities.--
            (1) In general.--Section 31149(c)(1) of title 49, United 
        States Code, is amended--
                    (A) in subparagraph (E), by striking ``and'' at the 
                end;
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(G) annually review the licensing authorities of 
                10 States to assess the accuracy, validity, and 
                timeliness of physical examination reports and medical 
                certificates submitted by certified medical examiners 
                to such State licensing agencies and the processing of 
                such submissions by the licensing authorities.''.
            (2) Internal oversight policy.--
                    (A) In general.--Not later than 1 year after the 
                date of the enactment of this Act, the Secretary shall 
                establish an oversight policy and process within the 
                Department of Transportation for purposes of carrying 
                out section 31149(c)(1)(G) of title 49, United States 
                Code, as added by paragraph (1)(C).
                    (B) Effective date.--Section 31149(c)(1)(G) of 
                title 49, United States Code, as added by paragraph 
                (1)(C), shall take effect on the date on which the 
                oversight policies and processes are established 
                pursuant to subparagraph (A).
    (f) Deadline for Establishment of National Registry of Medical 
Examiners.--Not later than 6 months after the date of the enactment of 
this Act, the Secretary shall establish a national registry of medical 
examiners as required under section 31149(d)(1) of title 49, United 
States Code.

SEC. 12. SAFETY AND ENFORCEMENT TECHNOLOGY FOR MOTORCOACHES.

    (a) Electronic On-Board Recorders.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary shall prescribe 
        regulations requiring that all motorcoaches used by any motor 
        carrier in interstate commerce be equipped with electronic on-
        board recorders.
            (2) Performance requirements.--The regulations prescribed 
        by the Secretary under paragraph (1) shall include performance 
        requirements to ensure that electronic on-board recorders--
                    (A) accurately record commercial driver hours of 
                service;
                    (B) allow tracking of driver and vehicle location; 
                and
                    (C) are tamper resistant.
            (3) Effective date.--The regulations prescribed under this 
        subsection shall--
                    (A) take effect on the date that is 2 years after 
                the date on which the regulation is published as a 
                final rule; and
                    (B) apply to all motorcoaches described in 
                paragraph (1).
    (b) Event Data Recorders.--
            (1) Evaluation.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary shall complete an 
        evaluation of event data recorders, including requirements 
        regarding specific types of vehicle operations, events and 
        incidents, and systems information to be recorded, for event 
        data recorders to be used on motorcoaches used by motor 
        carriers in interstate commerce. For this purpose, the 
        Secretary shall consider the performance requirements for event 
        data recorders for passenger vehicles under part 563 of title 
        49, Code of Federal Regulations.
            (2) Standards and regulations.--Not later than 1 year after 
        completing the evaluation required under paragraph (1), the 
        Secretary shall issue standards and regulations based on the 
        results of such evaluation.

SEC. 13. SAFETY INSPECTION PROGRAM FOR COMMERCIAL MOTOR VEHICLES OF 
              PASSENGERS.

    Not later than 3 years after the date of the enactment of this Act, 
the Secretary shall complete a rulemaking proceeding to consider 
requiring States to conduct annual inspections of commercial motor 
vehicles designed or used to transport passengers, including--
            (1) an assessment of the risks associated with improperly 
        maintained or inspected commercial motor vehicles designed or 
        used to transport passengers;
            (2) an assessment of the effectiveness of current Federal 
        standards for the inspection of such vehicles in mitigating the 
        risks described in paragraph (1) and to ensure the safe and 
        proper operation condition of such vehicles; and
            (3) an assessment of the costs and benefits of a mandatory 
        State inspection program.

SEC. 14. DISTRACTED DRIVING.

    (a) In General.--Subchapter III of chapter 311 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 31152. Regulation of the use of distracting devices in 
              motorcoaches
    ``(a) In General.--Not later than 1 year after the date of the 
enactment of the Motorcoach Enhanced Safety Act of 2011, the Secretary 
of Transportation shall prescribe regulations on the use of electronic 
or wireless devices, including cell phones and other distracting 
devices, by an individual employed as the operator of a motorcoach (as 
defined in section 2(8) of that Act).
    ``(b) Basis for Regulations.--The Secretary shall base the 
regulations required under subsection (a) on accident data analysis, 
the results of ongoing research, and other information, as appropriate.
    ``(c) Prohibited Use.--Except as provided in subsection (d), the 
Secretary shall prohibit the use of the devices set forth in subsection 
(a) in circumstances in which the Secretary determines that their use 
interferes with the driver's safe operation of a motorcoach.
    ``(d) Permitted Use.--Under the regulations, the Secretary may 
permit the use of a device otherwise prohibited under subsection (c) if 
the Secretary determines that such use is necessary for the safety of 
the driver or the public in emergency circumstances.''.
    (b) Conforming Amendment.--The table of contents for chapter 311 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 31151 the following:

``31152. Regulation of the use of distracting devices in 
                            motorcoaches.''.

SEC. 15. MOTORCOACH RENTAL OR LEASING COMPANIES.

    Section 31132(3) of title 49, United States Code, is amended to 
read as follows:
            ``(3) `employer'--
                    ``(A) means a person engaged in a business 
                affecting interstate commerce that--
                            ``(i) owns or leases a commercial motor 
                        vehicle in connection with that business, or 
                        assigns and employee to operate it; or
                            ``(ii) offers for rent or lease motor 
                        vehicles designed or used to transport more 
                        than 15 passengers, including the driver, and 
                        from the same location or as part of the same 
                        business provides names or contact information 
                        of drivers, or holds itself out to the public 
                        as a charter bus company; and
                    ``(B) does not include an individual who is an 
                employee of the United States Government, a State, or a 
                political subdivision of a State acting in the course 
                of that individual's employment as such an employee.''.

SEC. 16. REGULATIONS.

    Any standard or regulation prescribed or modified pursuant to this 
Act shall be prescribed or modified in accordance with section 553 of 
title 5, United States Code.
                                 <all>
```