I 
112TH CONGRESS 
1ST SESSION H. R. 1390 
To amend title 49, United States Code, to provide for enhanced motorcoach 
safety, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 6, 2011 
Mr. SHUSTER (for himself, Ms. EDDIE BERNICE JOHNSON of Texas, and Mr. 
HOLDEN) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees on Energy and Commerce, Ways and Means, and Small Business, 
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 amend title 49, United States Code, to provide for 
enhanced motorcoach safety, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 
‘‘Bus Uniform Standards and Enhanced Safety Act of 
2011’’ or the ‘‘BUSES Act of 2011’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
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TITLE I—MOTORCOACH SAFETY 
Sec. 101. Improved oversight of providers of motorcoach services and other 
motor carriers of passengers. 
Sec. 102. Motorcoach driver training. 
Sec. 103. Review of requirements for commercial driver’s license passenger en-
dorsement. 
Sec. 104. Improved physical fitness oversight and commercial driver medical 
certificates. 
Sec. 105. Commercial motor vehicle safety inspection programs. 
Sec. 106. Registration of motor carriers. 
Sec. 107. Effective periods of registration. 
Sec. 108. Duties of employers and employees. 
Sec. 109. Required safety standards for motorcoaches. 
TITLE II—CREDIT FOR COST OF MOTORCOACHES COMPLYING 
WITH FEDERAL SAFETY REQUIREMENTS 
Sec. 201. Credit for costs of motorcoaches complying with Federal safety re-
quirements. 
TITLE III—OTHER PROVISIONS 
Sec. 301. Department of Transportation grants. 
Sec. 302. Small business administration loans and loan guarantees. 
Sec. 303. Authorization of appropriations. 
TITLE I—MOTORCOACH SAFETY 
SEC. 101. IMPROVED OVERSIGHT OF PROVIDERS OF MO-
TORCOACH SERVICES AND OTHER MOTOR 
CARRIERS OF PASSENGERS. 
(a) IN GENERAL.—Section 31144 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(h) SUSTAINED MONITORING OF OWNERS AND OP-
ERATORS OF COMMERCIAL MOTOR VEHICLES DESIGNED 
OR USED TO TRANSPORT PASSENGERS.— 
‘‘(1) SAFETY MONITORING.—Not later than 3 
years after the date of enactment of this subsection, 
the Secretary shall require monitoring on a regular 
basis, through a comprehensive safety analysis, of 
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the safety performance of each owner or operator of 
a commercial motor vehicle designed or used to 
transport passengers. 
‘‘(2) ELEMENTS OF MONITORING AND SAFETY 
ENFORCEMENT.—Regulations issued under para-
graph (1) shall provide for the following: 
‘‘(A) Monitoring of the safety performance 
of an owner or operator of a commercial motor 
vehicle designed or used to transport passengers 
in critical safety categories, as defined in the 
regulation. Monitoring activities shall include 
activities that can be conducted either on-site at 
the offices of the owner or operator or off-site. 
‘‘(B) Progressive interventions designed to 
correct unsafe practices of an owner or operator 
of a commercial motor vehicle designed or used 
to transport passengers. In the event such prac-
tices are not corrected, the interventions shall 
result in an enforcement action and, if nec-
essary, a final determination that the owner or 
operator is not fit and prohibited from oper-
ating as provided in subsection (c)(2). 
‘‘(3) ENFORCEMENT STRIKE FORCES.—In addi-
tion to the enhanced monitoring and enforcement ac-
tions required by paragraph (2), the Secretary may 
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organize special enforcement strike forces targeting 
owners or operators of commercial motor vehicles de-
signed or used to transport passengers, when and 
where the Secretary considers appropriate.’’. 
(b) REVISION OF SAFETY FITNESS DETERMINATION 
METHODOLOGY.—Not later than 2 years after the date 
of enactment of this Act, the Secretary of Transportation 
shall revise the safety fitness determination methodology 
of the Department of Transportation established pursuant 
to section 31144 of title 49, United States Code, to ensure 
that such methodology meets the goals of Safety Rec-
ommendation H–99–6 of the National Transportation 
Safety Board, issued February 26, 1999. 
SEC. 102. MOTORCOACH DRIVER TRAINING. 
The Secretary of Transportation shall prescribe regu-
lations establishing minimum training requirements for 
drivers seeking a commercial driver’s license passenger en-
dorsement. The training shall include certification that a 
driver has met the requirements established by the Sec-
retary. The training may be provided by an owner or oper-
ator of a commercial motor vehicle designed or used to 
transport passengers if the owner or operator has in effect 
a training program that meets or exceeds the minimum 
training requirements established by the Secretary. 
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SEC. 103. REVIEW OF REQUIREMENTS FOR COMMERCIAL 
DRIVER’S LICENSE PASSENGER ENDORSE-
MENT. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall review and assess the current knowledge and 
skill testing requirements for a commercial driver’s license 
passenger endorsement to determine if improvements are 
needed to ensure the safe operation of commercial motor 
vehicles designed or used to transport passengers. 
(b) REPORT.—Not later than 120 days after comple-
tion of the review and assessment under subsection (a), 
the Secretary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the review and assessment 
conducted under subsection (a), together with a descrip-
tion of plans to implement improvements. 
SEC. 104. IMPROVED PHYSICAL FITNESS OVERSIGHT AND 
COMMERCIAL 
DRIVER 
MEDICAL 
CERTIFI-
CATES. 
(a) EXAMINATION REQUIREMENT
FOR NATIONAL 
REGISTRY
OF
MEDICAL
EXAMINERS.—Section 
31149(c)(1)(D) of title 49, United States Code, is amend-
ed to read as follows: 
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‘‘(D) develop requirements applicable to a 
medical examiner seeking to be listed in the na-
tional registry established under this section, in-
cluding— 
‘‘(i) as appropriate, specific courses 
and materials that must be completed; 
‘‘(ii) a rigorous examination for which 
a passing grade must be achieved; and 
‘‘(iii) at a minimum, self-certification 
requirements to verify that the medical ex-
aminer has completed specific training, in-
cluding refresher courses;’’. 
(b) ADDITIONAL OVERSIGHT
OF LICENSING AU-
THORITIES.— 
(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) each year, review the implementation 
of commercial driver’s license requirements of a 
minimum of 10 States to assess the accuracy 
and validity of physical examination reports and 
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medical certificates submitted by certified med-
ical examiners.’’. 
(2) INTERNAL OVERSIGHT POLICY.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this Act, the Sec-
retary of Transportation shall establish an over-
sight policy and process within the Department 
of Transportation for the purposes of carrying 
out the requirement of section 31149(c)(1)(G) 
of title 49, United States Code, as added by 
paragraph (1). 
(B) EFFECTIVE DATE.—The requirement 
of section 31149(c)(1)(G) of such title, as 
added by paragraph (1), shall take effect on the 
date that the oversight policies and processes 
are established pursuant to subparagraph (A). 
(c) DEADLINE FOR ESTABLISHMENT OF NATIONAL 
REGISTRY OF MEDICAL EXAMINERS.—Not later than 2 
years after the date of enactment of this Act, the Sec-
retary shall establish the national registry of medical ex-
aminers required by section 31149(d)(1) of such title. 
(d) ADDITIONAL FUNCTION OF MEDICAL REVIEW 
BOARD.—Section 31149(a)(1) of title 49, United States 
Code, is amended to read as follows: 
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‘‘(1) ESTABLISHMENT
AND
FUNCTION.—The 
Secretary shall establish a Medical Review Board 
with the following functions: 
‘‘(A) Providing the Federal Motor Carrier 
Safety Administration with medical advice and 
recommendations on medical standards and 
guidelines for— 
‘‘(i) the physical qualifications of op-
erators of commercial motor vehicles; 
‘‘(ii) medical examiner education; and 
‘‘(iii) medical research. 
‘‘(B) Providing the Secretary with advice 
and recommendations concerning the criteria to 
be used for evaluating medical examiners for 
admission to the national registry established 
under this section.’’. 
SEC. 105. COMMERCIAL MOTOR VEHICLE SAFETY INSPEC-
TION PROGRAMS. 
(a) STUDY.—The Secretary of Transportation shall 
conduct a study to review the regulations prescribed pur-
suant to section 31142(b) of title 49, United States Code, 
relating to commercial motor vehicle safety inspections. 
(b) CONTENTS.—The study shall include— 
(1) an assessment of the risks associated with 
improperly maintained or inspected commercial 
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motor vehicles designed or used to transport pas-
sengers; 
(2) an assessment of the effectiveness of the 
Government standards for inspection of commercial 
motor vehicles designed or used to transport pas-
sengers to mitigate the risks identified in paragraph 
(1) and to ensure the safe and proper operating con-
dition of commercial motor vehicles subject to sec-
tion 31142 of title 49, United States Code; 
(3) an assessment of the effectiveness of at 
least 2 alternatives to the current standards pre-
scribed pursuant to section 31142 of title 49, United 
States Code; and 
(4) a comparison of the costs and benefits of 
the alternatives and the current standards pre-
scribed pursuant to section 31142 of title 49, United 
States Code. 
(c) REPORT.— 
(1) IN
GENERAL.—Not later than one year 
after the date of enactment of this Act, the Sec-
retary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the re-
sults of the study. 
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(2) CONTENTS.—The report shall include— 
(A) the findings and conclusions of the 
Secretary with respect to the study; 
(B) any recommendation of the Secretary 
for improving the commercial motor vehicle 
safety inspection standards; and 
(C) any recommendations of the Secretary 
for additional authority to improve commercial 
motor vehicle safety inspections. 
SEC. 106. REGISTRATION OF MOTOR CARRIERS. 
Section 13902(b) of title 49, United States Code, is 
amended— 
(1) by redesignating paragraphs (2) through 
(8) as paragraphs (3) through (9), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) REVIEW OF PASSENGER CARRIER APPLICA-
TIONS.—The Secretary shall not register a motor 
carrier of passengers under subsection (a)(1) until 
the application for registration filed under that sub-
section is reviewed to ensure that the applicant is 
willing and able to comply with the requirements of 
that subsection. This review process shall include a 
determination of whether the applicant is or has 
been related, through common ownership, common 
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management, or common familial relationship to any 
other motor carrier of passengers within 3 years of 
the filing of the application for registration. If fol-
lowing this review it is determined that the applicant 
has failed to disclose such relationships with other 
such carriers, the Secretary may withhold the reg-
istration.’’. 
SEC. 107. EFFECTIVE PERIODS OF REGISTRATION. 
Section 13905 of title 49, United States Code, is 
amended— 
(1) by striking subsection (d)(1) and inserting 
the following: 
‘‘(1) IN GENERAL.—On application of the reg-
istrant, the Secretary may amend or revoke a reg-
istration. On complaint or on the Secretary’s own 
initiative and after notice and an opportunity for a 
proceeding, the Secretary may— 
‘‘(A) suspend, amend, or revoke any part 
of the registration of a motor carrier, broker, or 
freight forwarder for willful failure to comply 
with this part, an applicable regulation or order 
of the Secretary or of the Board (including the 
accessibility requirements established by the 
Secretary under subpart H of part 37 of title 
49, Code of Federal Regulations, or such suc-
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cessor regulations to those accessibility require-
ments as the Secretary may issue, for transpor-
tation provided by an over-the-road bus), or a 
condition of its registration; 
‘‘(B) suspend, amend, or revoke any part 
of the registration of a motor carrier, broker, or 
freight forwarder— 
‘‘(i) for failure to pay a civil penalty 
imposed under chapter 5, 51, 149, or 311 
of this title; or 
‘‘(ii) for failure to arrange and abide 
by an acceptable payment plan for such 
civil penalty, within 90 days of the time 
specified by order of the Secretary for the 
payment of such penalty; and 
‘‘(C) deny, suspend, amend, or revoke any 
part of a registration of a motor carrier of pas-
sengers for failure to disclose in its application 
for registration a material fact relevant to its 
willingness and ability to comply with this part, 
an applicable regulation or order of the Sec-
retary or of the Board, or a condition of its reg-
istration. 
Subparagraph (B) shall not apply to any person who 
is unable to pay a civil penalty because such person 
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is a debtor in a case under chapter 11 of title 11.’’; 
and 
(2) in subsection (e) by inserting ‘‘or if the Sec-
retary determines that the registrant has failed to 
disclose a material fact in its application for reg-
istration in accordance with subsection (d)(1)(C),’’ 
after ‘‘registrant,’’. 
SEC. 108. DUTIES OF EMPLOYERS AND EMPLOYEES. 
Section 31135 of title 49, United States Code, is 
amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) MOTOR CARRIERS
OF PASSENGERS.—If the 
Secretary finds that common ownership, common manage-
ment, or common familial relationship between 2 or more 
motor carriers of passengers is being used to enable any 
or all such motor carriers of passengers to avoid compli-
ance, or mask or otherwise conceal noncompliance, with 
regulations on commercial motor vehicle safety prescribed 
under this subchapter, or an order of the Secretary issued 
under authority of such regulations, the Secretary may 
deny, suspend, amend, or revoke all or part of any such 
motor carrier’s registration under section 13905.’’. 
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SEC. 
109. 
REQUIRED 
SAFETY 
STANDARDS 
FOR 
MOTORCOACHES. 
(a) 
SAFETY
STANDARDS
FOR
NEW 
MOTORCOACHES.— 
(1) OCCUPANT PROTECTION SYSTEMS.— 
(A) IN GENERAL.—Not later than 3 years 
after the date of enactment of this Act, the Sec-
retary of Transportation shall prescribe stand-
ards for motorcoach occupant protection sys-
tems that account for frontal impact collisions, 
side impact collisions, rear impact collisions, 
and rollovers. Such standards shall not elimi-
nate or lessen the occupant protection stand-
ards currently in effect and shall— 
(i) be based on sound scientific re-
search, extensive testing, and analysis by 
the National Highway Traffic Safety Ad-
ministration, consistent with the rec-
ommendations of the National Transpor-
tation Safety Board regarding motorcoach 
occupant protection; and 
(ii) take into consideration the various 
types of motorcoaches and the various uses 
and configurations of the occupant com-
partment as well as local, State, and Fed-
eral size and weight limits and restrictions. 
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