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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6441 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6441

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2010

Mr. Lewis of Georgia introduced the following bill; which was referred 
to the Committee on Transportation and Infrastructure, and in addition 
      to the Committee on Energy and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 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 2010''.
    (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 collision 
                            avoidance.
Sec. 4. Standards for improved fire safety.
Sec. 5. Occupant protection and collision avoidance research.
Sec. 6. New entrants.
Sec. 7. Reincarnated carriers.
Sec. 8. Improved oversight of motorcoach service providers.
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. Registration of brokers for motor carriers of passengers.
Sec. 17. 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 that is capable of directly 
        detecting when the air pressure level in any tire is 
        significantly under-inflated and 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'' means a bus with a 
        gross vehicle weight rating of 26,000 pounds or greater, 16 or 
        more designated seating positions (including the driver), and 
        at least 2 rows of passenger seats rearward of the driver's 
        seating position that are forward-facing or can be converted to 
        forward-facing without the use of tools, but does not include--
                    (A) a bus used in transit service provided by a 
                State or local government; or
                    (B) a school bus, including a multifunction school 
                activity bus.
            (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 
        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) Safety belt.--The term ``safety belt'' has the meaning 
        given such term in section 153(i)(4)(B) of title 23, United 
        States Code.
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (15) Transit service.--The term ``transit service'' means 
        motorcoach service characterized by operating speeds of less 
        than 45 miles per hour and frequent stops.

SEC. 3. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION AND COLLISION 
              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 regulations as follows:
            (1) Safety belts.--The Secretary shall issue a final rule 
        in Docket No. NHTSA 2010-0112: Federal Motor Vehicle Standards; 
        Motorcoach Definition; Occupant Crash Protection, to require 
        safety belts to be installed in motorcoaches at each designated 
        seating position.
            (2) 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 18 Months.--Not later than 18 
months after the date of the enactment of this Act, the Secretary shall 
prescribe regulations--
            (1) establishing 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; and
            (2) requiring 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.
    (c) Regulations Required Within 2 Years.--Not later than 2 years 
after the date of enactment of this Act, the Secretary shall prescribe 
commercial motor vehicle regulations as follows:
            (1) 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.
            (2) Commercial motor vehicle tire pressure monitoring 
        systems.--
                    (A) The Secretary shall issue 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) The regulations prescribed by the Secretary 
                under this section shall include performance 
                requirements to ensure that direct tire pressure 
                monitoring systems are capable of--
                            (i) providing a warning to the driver when 
                        1 or more tires are underinflated;
                            (ii) activating in a specified time period 
                        after the under-inflation is detected; and
                            (iii) operating at different vehicle 
                        speeds.
            (3) 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.
    (d) Application of Regulations.--
            (1) New motorcoaches.--A regulation prescribed in 
        accordance with subsection (a), (b), or (c) shall apply to all 
        motorcoaches 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 such 
        motorcoaches. The Secretary shall complete an assessment with 
        respect to safety belt retrofits no later than 2 years after 
        the date of enactment of this Act.

SEC. 4. STANDARDS FOR IMPROVED FIRE SAFETY.

    (a) Evaluations.--Within 18 months after the date of 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 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 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 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 by subsection (a), the 
Secretary shall issue 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 by redesignating paragraphs (1) through 
(8) as paragraphs (3) through (10), respectively, and inserting before 
paragraph (3), as redesignated, the following:
            ``(1) Additional registration requirements for providers or 
        motorcoach services.--In addition to meeting the requirements 
        of 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 over the 
                        past 3 years;
                            ``(vi) records of the State inspections, or 
                        of a Level I or 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).
            ``(2) Pre-authorization safety audit.--The pre-
        authorization safety audit required by paragraph (1)(A) shall 
        be completed on-site no later than 90 days following the 
        submission of an application for operating authority.
            ``(3) Fee.--The Secretary may establish, under section 9701 
        of title 31, a fee of not more than $1,200 for new registrants 
        that as nearly as possible covers the costs of performing a 
        preauthorization safety audit. An amount collected under this 
        subsection shall be deposited in the Highway Trust Fund (other 
        than the Mass Transit Account).''.
    (b) Safety Reviews of New Operators.--Section 31144(g)(1) of title 
49, United States Code, is amended by inserting ``transporting 
property'' after ``each operator''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of enactment of this Act.

SEC. 7. REINCARNATED CARRIERS.

    (a) Registration Requirements.--Section 13902(b) of title 49, 
United States Code, is amended by redesignating paragraphs (1) through 
(8) as paragraphs (2) through (9), respectively, and inserting before 
paragraph (2), as redesignated, the following:
            ``(1) Disclosure of prior relationships.--In addition to 
        meeting the requirements under subsection (a)(1), the Secretary 
        shall require applicants for authority to transport passengers 
        to disclose any relationship involving common ownership, common 
        management, or common familial relationship between that person 
        and any other motor carrier, if the relationship occurred in 
        the 3-year period preceding the date of the filing of the 
        application for registration.''.
    (b) Denial, Suspension, Amendment, or Revocation of Registration.--
Section 13905(d)(1) of title 49, United States Code, is amended--
            (1) by striking ``registration; and'' and inserting 
        ``registration;'';
            (2) by striking ``penalty.'' and inserting ``penalty; and 
        (C) 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) 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)(C),''.
    (d) 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.--Two or more employers shall 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 noncompliance, 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. If the 
Secretary determines that actions described in the preceding sentence 
have occurred, the Secretary shall deny, suspend, amend, or revoke all 
or part of any such employer's registration under section 13905, and 
shall take into account such noncompliance for purposes of determining 
civil penalty amount under section 521(b)(2)(D).''.

SEC. 8. IMPROVED OVERSIGHT OF MOTORCOACH SERVICE PROVIDERS.

    (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.--
                    ``(A) In general.--The Secretary shall determine 
                the safety fitness of all providers of motorcoach 
                services registered with the Federal Motor Carrier 
                Safety Administration and assign a safety fitness 
                rating to each such provider.
                    ``(B) Applicability.--Subparagraph (A) shall 
                apply--
                            ``(i) to any provider of motorcoach 
                        services registered with the Administration 
                        after the date of enactment of the Motorcoach 
                        Enhanced Safety Act of 2010, not later than 2 
                        years after the date of registration; and
                            ``(ii) to any provider of motorcoach 
                        services registered with the Administration on 
                        or before the date of enactment of that Act, 
                        not later than 3 years after the date of 
                        enactment of that Act.
            ``(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 no less frequently than every 3 
        years.
            ``(5) Motorcoach services defined.--In this subsection, the 
        term `provider of motorcoach services' has the meaning provided 
        such term in section 2 of the Motorcoach Enhanced Safety Act of 
        2010.''
    (b) Revision of Safety Fitness Rating Methodology.--Not later than 
one year after the date of 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 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 6 months after the date of 
        enactment of this Act, the Secretary shall establish, by 
        regulation, minimum curricular requirements for entry-level 
        drivers of motorcoaches and drivers upgrading from one class of 
        commercial driver's license to another, 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 the following:
                    (A) Classroom and behind-the-wheel instruction that 
                is adequate for training entry-level drivers of 
                motorcoaches and drivers upgrading from one class of 
                commercial driver's license to another to safely 
                operate motorcoaches and respond effectively to 
                emergency situations.
                    (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) Verification required.--The Secretary shall require 
        that--
                    (A) each trainer of a driver seeking a commercial 
                driver's license passenger endorsement shall submit to 
                the appropriate State licensing authority information 
                on any driver that has successfully completed a 
                motorcoach driver training course that includes the 
                curricular requirements established under subsection 
                (a); and
                    (B) the State licensing authority may not 
                administer the skills test for the passenger 
                endorsement nor issue a passenger endorsement to a 
                driver unless the State licensing authority verifies 
                that the driver has successfully completed a motorcoach 
                driver training course as required by subparagraph (A).
    (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 enactment of this Act, the Secretary shall submit a 
report to the Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Energy and Commerce on 
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).
    (d) Nonpreemption of State Programs.--The minimum curricular 
requirements required by this section do not preempt any State or local 
law or regulation imposing additional or more stringent requirements 
unless the Secretary determines that--
            (1) the law or regulation is incompatible with the 
        regulation prescribed by the Secretary; or
            (2) enforcement of the State law or the local law or 
        regulation would impose an unreasonable burden on interstate 
        commerce.

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 
        enactment of this Act, the Secretary 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. The 
        final rule shall require--
                    (A) a more stringent knowledge test than the test 
                in effect on the day before the date of 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 enactment of this Act.
            (2) Consultation.--The Secretary shall consult with the 
        American Association of Motor Vehicle Administrators in 
        carrying out paragraph (1).
    (b) Report on Driver's License Requirements for 9- to 15-Passenger 
Vans.--Not later than 18 months after the date of enactment of this 
Act, the Secretary shall submit a plan to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure for requiring that all 
or certain classes of drivers--
            (1) have a commercial driver's license passenger-carrying 
        endorsement in order to operate a commercial motor vehicle (as 
        defined in section 31301(4) of title 49, United States Code) 
        and transport not less than 9 and not more than 15 passengers 
        (including a driver) in interstate commerce; and
            (2) be tested in accordance with a drug and alcohol testing 
        program 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 inserting ``(A)'' after ``recommendations on'';
            (2) by striking ``research.'' and inserting ``research and 
        (B) advice and recommendations concerning the criteria to be 
        used for evaluating medical examiners for admission to the 
        national registry established under this section.''.
    (b) Examination Requirements for Listing in the National Registry 
of Medical Examiners.--Section 31149(c)(1)(D) of title 49, United 
States Code, 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 enactment of this Act, the Secretary shall require by 
regulation that each time a medical examiner 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, such 
medical examiner shall submit to the appropriate State licensing agency 
the form for such examination required by section 391.43(f) of such 
title (as in effect on the day before the date of enactment of this 
Act).
    (d) State Plan Requirement.--Section 31102(b) of title 49, United 
States Code, is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (W);
            (2) by striking ``stop.'' in subparagraph (X) and inserting 
        ``stop; and''; and
            (3) by adding at the end the following:
                    ``(Y) requires State licensing authorities to 
                compare the forms they receive pursuant to section 
                11(c) of the Motorcoach Enhanced Safety Act of 2010 
                with the medical examiner's certificate required by 
                section 391.43(g) of title 49, Code of Federal 
                Regulations (as in effect on the day before the date of 
                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) by striking ``basis; and'' in subparagraph (E) 
                and inserting ``basis;'';
                    (B) by striking ``certification.'' in subparagraph 
                (F) and inserting ``certification; and''; and
                    (C) by adding at the end the following:
                    ``(G) each year, 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 enactment of this Act, the Secretary shall 
                establish an oversight policy and process within the 
                Department of Transportation for purposes of carrying 
                out the requirement of subparagraph (G) of such section 
                31149(c)(1), as added by paragraph (1).
                    (B) Effective date.--The requirement of 
                subparagraph (G) of section 31149(c)(1) of title 49, 
                United States Code, shall take effect on the date that 
                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 enactment of this 
Act, the Secretary shall establish a national registry of medical 
examiners as required by 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.--
                    (A) Not later than 1 year after the date of 
                enactment of this Act, the Secretary shall prescribe 
                regulations requiring that all motorcoaches used by a 
                motor carrier in interstate commerce be equipped with 
                electronic on-board recorders.
                    (B) The regulations prescribed by the Secretary 
                under this section shall include performance 
                requirements to ensure that electronic on-board 
                recorders--
                            (i) accurately record commercial driver 
                        hours of service;
                            (ii) allow tracking of driver and vehicle 
                        location; and
                            (iii) are tamper resistant.
            (2) Applicability.--The regulations prescribed under 
        paragraph (1) shall apply to all such motorcoaches beginning on 
        the date that is 2 years after the date on which the regulation 
        is published as a final rule.
    (b) Event Data Recorders.--
            (1) Evaluation.--Not later than 1 year after the date of 
        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.--Within 2 years after 
        completing the evaluation required by paragraph (1), the 
        Secretary shall issue standards and regulations based on the 
        results of that evaluation.

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

    Not later than 3 years after the date of 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.--No later than 1 year after the enactment of the 
Motorcoach Enhanced Safety Act of 2010, 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 by subsection (a) on accident data analysis, the 
results of ongoing research, and other information, as appropriate.
    ``(c) Prohibited Use.--The Secretary shall prohibit the use of such 
devices in circumstances in which the Secretary determines that their 
use interferes with the driver's safe operation of a motorcoach (as so 
defined).
    ``(d) Permitted Use.--Under the regulations, the Secretary may 
permit the use of a device, the use of which is 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.

    Paragraph (3) of section 31132 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, arranges for a driver of the rented 
                        or leased passenger-carrying motor vehicle, or 
                        holds itself out to the public as a provider of 
                        transportation services; but
                    ``(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. REGISTRATION OF BROKERS FOR MOTOR CARRIERS OF PASSENGERS.

    (a) In General.--Section 13904(a) of title 49, United States Code, 
is amended by inserting ``or passengers'' after ``transportation of 
property''.
    (b) Repeal of Exemption.--Section 13506(a) of title 49, United 
States Code, is amended--
            (1) by inserting ``or'' after the semicolon in paragraph 
        (13);
            (2) by striking paragraph (14); and
            (3) by redesignating paragraph (15) as paragraph (14).

SEC. 17. 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.
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