‘‘(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 suc-
cessful completion of a written examination de-
veloped by the Secretary, proficiency to comply 
with and carry out the requirements and regu-
lations described in subsection (a)(1). 
‘‘(2) PRE-AUTHORIZATION
SAFETY
AUDIT.— 
The pre-authorization safety audit required by para-
graph (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 sub-
section 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 oper-
ator’’. 
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(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 1 year after the date of enact-
ment 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 para-
graph (2), as redesignated, the following: 
‘‘(1) DISCLOSURE OF PRIOR RELATIONSHIPS.— 
In addition to meeting the requirements under sub-
section (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 be-
tween that person and any other motor carrier, if 
the relationship occurred in the 3-year period pre-
ceding the date of the filing of the application for 
registration.’’. 
(b) DENIAL, SUSPENSION, AMENDMENT, OR REV-
OCATION OF REGISTRATION.—Section 13905(d)(1) of title 
49, United States Code, is amended— 
(1) by striking ‘‘registration; and’’ and insert-
ing ‘‘registration;’’; 
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(2) by striking ‘‘penalty.’’ and inserting ‘‘pen-
alty; 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 car-
rier failed to disclose in its application for registra-
tion 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 ‘‘reg-
istrant, 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.—Sec-
tion 31135 of such title is amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) AVOIDING COMPLIANCE.—Two or more employ-
ers shall not use common ownership, common manage-
ment, common control, or common familial relationship to 
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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 regu-
lations issued under this subchapter, chapter 315, or an 
order of the Secretary issued under this subchapter, chap-
ter 315, or such regulations. If the Secretary determines 
that actions described in the preceding sentence have oc-
curred, the Secretary shall deny, suspend, amend, or re-
voke all or part of any such employer’s registration under 
section 13905, and shall take into account such non-
compliance 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 fol-
lowing: 
‘‘(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. 
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‘‘(B) APPLICABILITY.—Subparagraph (A) 
shall apply— 
‘‘(i) to any provider of motorcoach 
services registered with the Administration 
after the date of enactment of the Motor-
coach Enhanced Safety Act of 2010, not 
later than 2 years after the date of reg-
istration; 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 inter-
vention to correct unsafe practices. 
‘‘(3) ENFORCEMENT STRIKE FORCES.—In addi-
tion to the enhanced monitoring and enforcement ac-
tions required under paragraph (2), the Secretary 
may organize special enforcement strike forces tar-
geting providers of motorcoach services, when and 
where the Secretary considers appropriate. 
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‘‘(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 sec-
tion 2 of the Motorcoach Enhanced Safety Act of 
2010.’’ 
(b) REVISION OF SAFETY FITNESS RATING METH-
ODOLOGY.—Not later than one year after the date of en-
actment of this Act, the Secretary shall revise the safety 
fitness rating methodology of the Department of Trans-
portation 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.’’. 
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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 Sec-
retary shall establish, by regulation, minimum cur-
ricular 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 cur-
ricular requirements under paragraph (1) shall in-
clude the following: 
(A) Classroom and behind-the-wheel in-
struction that is adequate for training entry- 
level drivers of motorcoaches and drivers up-
grading from one class of commercial driver’s 
license 
to 
another 
to 
safely 
operate 
motorcoaches and respond effectively to emer-
gency 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 
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(ii) to evacuate passengers from 
motorcoaches safely. 
(b) TRAINING REQUIRED.— 
(1) IN GENERAL.—The Secretary shall require 
each motorcoach driver seeking a commercial driv-
er’s license passenger endorsement to undergo a 
training program that includes the minimum cur-
ricular 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 com-
mercial 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 re-
quirements established under subsection (a); 
and 
(B) the State licensing authority may not 
administer the skills test for the passenger en-
dorsement nor issue a passenger endorsement 
to a driver unless the State licensing authority 
verifies that the driver has successfully com-
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pleted 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 impos-
ing 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 bur-
den on interstate commerce. 
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SEC. 10. IMPROVED TESTING FOR THE COMMERCIAL DRIV-
ER’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 Sec-
retary 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 examina-
tion 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 vehi-
cle than the examination of such skills in effect 
on the day before the date of enactment of this 
Act. 
(2) CONSULTATION.—The Secretary shall con-
sult with the American Association of Motor Vehicle 
Administrators in carrying out paragraph (1). 
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(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 Sec-
retary shall submit a plan to the Senate Committee on 
Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infra-
structure for requiring that all or certain classes of driv-
ers— 
(1) have a commercial driver’s license pas-
senger-carrying endorsement in order to operate a 
commercial motor vehicle (as defined in section 
31301(4) of title 49, United States Code) and trans-
port not less than 9 and not more than 15 pas-
sengers (including a driver) in interstate commerce; 
and 
(2) be tested in accordance with a drug and al-
cohol testing program consistent with part 40 of 
title 49, Code of Federal Regulations. 
SEC. 11. IMPROVED PHYSICAL FITNESS OVERSIGHT AND 
COMMERCIAL 
DRIVER 
MEDICAL 
CERTIFI-
CATES. 
(a) MEDICAL REVIEW BOARD FUNCTIONS.—Section 
31149(a)(1) of title 49, United States Code, is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘recommendations 
on’’; 
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