[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 554 Reported in Senate (RS)]

                                                       Calendar No. 419
111th CONGRESS
  2d Session
                                 S. 554

                          [Report No. 111-202]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              March 9, 2009

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

                              June 8, 2010

             Reported by Mr. Rockefeller, with an amendment
[Strike all after the enacting clause and insert the matter printed in 
                                italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the 
``Motorcoach Enhanced Safety Act of 2009''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>Sec. 3. Study and report on improved bus crashworthiness and 
                            crash avoidance.
<DELETED>Sec. 4. Regulations for improved occupant protection and 
                            motorcoach crash avoidance.
<DELETED>Sec. 5. Improved oversight of providers of motorcoach services 
                            and of other motor carriers of passengers.
<DELETED>Sec. 6. Motorcoach driver training.
<DELETED>Sec. 7. Improved commercial driver's license testing.
<DELETED>Sec. 8. Improved physical fitness oversight and commercial 
                            driver medical certificates.
<DELETED>Sec. 9. Safety enforcement technology to reduce driver 
                            fatigue.
<DELETED>Sec. 10. Commercial motor vehicle safety inspection programs.
<DELETED>Sec. 11. Regulations.

<DELETED>SEC. 2. DEFINITIONS</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (3) Commercial motor vehicle.--The term 
        ``commercial motor vehicle'' has the meaning given such term in 
        section 31132(1) of title 49, United States Code.</DELETED>
        <DELETED>    (4) Direct tire pressure monitoring system.--The 
        term ``direct tire pressure monitoring system'' means a tire 
        pressure monitoring system, as that term is 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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (7) Manufacturer.--The term ``manufacturer'' has 
        the meaning given such term in section 30102(a) of title 49, 
        United States Code.</DELETED>
        <DELETED>    (8) Motor carrier.--The term ``motor carrier'' has 
        the meaning given such term in section 13102(14) of title 49, 
        United States Code.</DELETED>
        <DELETED>    (9) 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 105-78; 49 U.S.C. 5310 note), but does not 
        include the following:</DELETED>
                <DELETED>    (A) Buses used in public transportation 
                provided by a State or local government.</DELETED>
                <DELETED>    (B) School buses, including multifunction 
                school activity buses.</DELETED>
        <DELETED>    (10) Motorcoach manufacturer.--The term 
        ``motorcoach manufacturer'' means a manufacturer that 
        manufactures, assembles, or imports motorcoaches for resale in 
        the United States.</DELETED>
        <DELETED>    (11) Motorcoach services.--The term ``motorcoach 
        services'' means passenger transportation by motorcoach for 
        compensation.</DELETED>
        <DELETED>    (12) 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).</DELETED>
        <DELETED>    (13) 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.</DELETED>
        <DELETED>    (14) Provider of motorcoach services.--The term 
        ``provider of motorcoach services'' means a motor carrier that 
        provides passenger transportation services with a motorcoach 
        for compensation, including per-trip compensation and 
        contracted or chartered compensation.</DELETED>
        <DELETED>    (15) Public transportation.--The term ``public 
        transportation'' has the meaning given such term in section 
        5302(a)(10) of title 49, United States Code.</DELETED>
        <DELETED>    (16) Safety belt.--The term ``safety belt'' has 
        the meaning given such term in section 153(i)(4)(B) of title 
        23, United States Code.</DELETED>
        <DELETED>    (17) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.</DELETED>

<DELETED>SEC. 3. STUDY AND REPORT ON IMPROVED BUS CRASHWORTHINESS AND 
              CRASH AVOIDANCE.</DELETED>

<DELETED>    (a) Study.--Not later than one year after the date of 
enactment of this Act, the Secretary shall complete a study of the 
following, with respect to buses that are more than 10,000 pounds gross 
vehicle weight rating:</DELETED>
        <DELETED>    (1) Bus safety design improvements and 
        countermeasures for improving bus crashworthiness to achieve 
        substantial improvements in occupant protection in all types of 
        crashes, including the following:</DELETED>
                <DELETED>    (A) Active and passive restraint 
                systems.</DELETED>
                <DELETED>    (B) Enhanced passenger 
                compartmentalization.</DELETED>
                <DELETED>    (C) Upper and lower interior occupant 
                impact protection.</DELETED>
                <DELETED>    (D) Improved resistance to roof failures 
                leading to deformation and intrusion that result in 
                occupant injury.</DELETED>
                <DELETED>    (E) Improved resistance to occupant 
                partial and complete ejection.</DELETED>
                <DELETED>    (F) Improved crash compatibility with 
                other types and weights of motor vehicles in order to 
                reduce both the number and severity of crashes and the 
                number and severity of occupant injuries both in buses 
                and in the other vehicles.</DELETED>
        <DELETED>    (2) Crash avoidance improvements to reduce the 
        number and severity of bus crashes, including the 
        following:</DELETED>
                <DELETED>    (A) Collision warning systems.</DELETED>
                <DELETED>    (B) Improved braking 
                capabilities.</DELETED>
                <DELETED>    (C) Enhanced bus conspicuity.</DELETED>
                <DELETED>    (D) Increased resistance to loss-of-
                control crashes.</DELETED>
                <DELETED>    (E) Improved resistance to rollover 
                crashes.</DELETED>
        <DELETED>    (3) Bus fire protection and passenger evacuation 
        improvements, including the following:</DELETED>
                <DELETED>    (A) Effective emergency exit 
                design.</DELETED>
                <DELETED>    (B) Effective emergency evacuation of 
                passengers.</DELETED>
                <DELETED>    (C) Effective manual and automated fire 
                suppression systems.</DELETED>
                <DELETED>    (D) Increased vehicle resistance to fire 
                propagation, including both exterior and interior 
                resistance to burning.</DELETED>
                <DELETED>    (E) Suppression of toxic smoke and vapors 
                in bus fires.</DELETED>
                <DELETED>    (F) Resistance to bus fuel system 
                fires.</DELETED>
                <DELETED>    (G) Training of bus operators in the use 
                of firefighting equipment and the safe evacuation of 
                passengers.</DELETED>
        <DELETED>    (4) Such other occupant protection safety 
        countermeasures as the Secretary considers 
        appropriate.</DELETED>
<DELETED>    (b) Report.--Not later than one year after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Energy and Commerce of the House of Representatives a report setting 
forth the findings of the Secretary with respect to the study required 
by subsection (a) and recommendations for legislative and regulatory 
changes.</DELETED>

<DELETED>SEC. 4. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION AND 
              MOTORCOACH CRASH AVOIDANCE.</DELETED>

<DELETED>    (a) Regulations Required 1 Year After the Date of 
Enactment of This Act.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall prescribe regulations as 
follows:</DELETED>
        <DELETED>    (1) Safety belts.--The Secretary shall require 
        safety belts to be installed in motorcoaches at each designated 
        seating position.</DELETED>
        <DELETED>    (2) Anti-ejection safety countermeasures.--The 
        Secretary shall require motorcoaches to have advanced glazing 
        installed in each motorcoach portal to prevent partial or 
        complete ejection of passengers of motorcoaches, includeing 
        such passengers that are children.</DELETED>
        <DELETED>    (3) Firefighting equipment.--The Secretary shall 
        require the installation in motorcoaches of improved 
        firefighting equipment for the purpose of effectively 
        suppressing fires in motorcoaches to prevent passenger deaths 
        and injuries.</DELETED>
<DELETED>    (b) Regulations Required 2 Years After the Date of 
Enactment of This Act.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall prescribe regulations as 
follows:</DELETED>
        <DELETED>    (1) Compartmentalization safety countermeasures.--
        The Secretary shall require 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, or components in the event of a 
        crash involving a motorcoach.</DELETED>
        <DELETED>    (2) Interior impact protection.--The Secretary 
        shall establish enhanced occupant impact protection standards 
        for motorcoach interiors to reduce substantially serious 
        injuries for all passengers of motorcoaches.</DELETED>
        <DELETED>    (3) Reduced rollover crashes.--The Secretary shall 
        require motorcoaches to be equipped with stability enhancing 
        technologies, such as electronic stability control, roll 
        stability control, and torque vectoring, to reduce 
        substantially the number and frequency of rollover crashes 
        among motorcoaches.</DELETED>
        <DELETED>    (4) 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.</DELETED>
        <DELETED>    (5) Enhanced conspicuity.--The Secretary shall 
        require enhanced conspicuity of motorcoaches to enable other 
        motor vehicle operators, cyclists, and pedestrians to better 
        detect motorcoaches in order to reduce the risk of collisions 
        involving motorcoaches.</DELETED>
        <DELETED>    (6) Smoke suppression.--The Secretary shall amend 
        Federal motor vehicle safety standard number 302 (49 C.F.R. 
        571.302; relating to flammability of interior materials) to 
        require 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.</DELETED>
        <DELETED>    (7) Resistance to fuel system fires.--The 
        Secretary shall amend Federal motor vehicle safety standard 
        number 301 (49 C.F.R. 571.301; relating to fuel system 
        integrity) to require that motorcoaches have improved fuel 
        systems in order to suppress fuel-fed fires and substantially 
        reduce occupant deaths and injuries from fuel fires.</DELETED>
        <DELETED>    (8) Passenger evacuation.--The Secretary shall 
        require motorcoaches be equipped with the following:</DELETED>
                <DELETED>    (A) Improved emergency evacuation 
                designs.--Improved emergency exit window, door, and 
                roof hatch designs to expedite access and use by 
                passengers of motorcoaches under all emergency 
                circumstances, including crashes and fires.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (c) Regulations Required 3 Years After the Date of 
Enactment of This Act.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall prescribe regulations as 
follows:</DELETED>
        <DELETED>    (1) Adaptive cruise control.--Require motorcoaches 
        to be equipped with adaptive cruise control for maintaining 
        safe trailing distances when underway and a collision warning 
        system that provides sufficient advance notice to the operator 
        of a motorcoach of any imminent impact.</DELETED>
        <DELETED>    (2) Automotive fire suppression.--Require 
        motorcoaches to be equipped with highly effective fire 
        suppression systems that automatically respond to and suppress 
        all fires in such motorcoaches.</DELETED>
<DELETED>    (d) Application of Regulations.--</DELETED>
        <DELETED>    (1) Prospective application.--Except as provided 
        in paragraph (2), a regulation prescribed in accordance with 
        subsection (a), (b), or (c) shall apply to all motorcoaches 
        that are manufactured on or after the effective date of such 
        regulation.</DELETED>
        <DELETED>    (2) Retrofit safety requirements for existing 
        motorcoaches.--</DELETED>
                <DELETED>    (A) In general.--</DELETED>
                        <DELETED>    (i) Except as provided in 
                        subparagraph (B), a regulation prescribed in 
                        accordance with subsection (a)(1) shall apply 
                        to all motorcoaches used for motorcoach 
                        services on or after the effective date of such 
                        regulation.</DELETED>
                        <DELETED>    (ii) Except as provided in 
                        subparagraph (B), a regulation prescribed in 
                        accordance with subsection (a)(3) shall apply 
                        to all motorcoaches used for motorcoach 
                        services on or after the effective date of such 
                        regulation.</DELETED>
                        <DELETED>    (iii) Except as provided in 
                        subparagraph (B), a regulation prescribed in 
                        accordance with subsection (b)(5) shall apply 
                        to all motorcoaches used for motorcoach 
                        services on or after the effective date of such 
                        regulation.</DELETED>
                <DELETED>    (B) Exception.--In the case of a 
                motorcoach that was used for motorcoach services before 
                the effective date of a regulation described in 
                subparagraph (A), such regulation shall not apply to 
                such motorcoach until--</DELETED>
                        <DELETED>    (i) 2 years after the effective 
                        date of such regulation; or</DELETED>
                        <DELETED>    (ii) if the Secretary determines 
                        that the application date described in clause 
                        (i) would cause undue hardship, 5 years after 
                        the effective date of such 
                        regulation.</DELETED>

<DELETED>SEC. 5. IMPROVED OVERSIGHT OF PROVIDERS OF MOTORCOACH SERVICES 
              AND OTHER MOTORCOACH CARRIERS OF PASSENGERS.</DELETED>

<DELETED>    (a) In General.--Section 31144 of title 49, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(h) Periodic Safety Reviews of Providers of Motorcoach 
Services.--</DELETED>
        <DELETED>    ``(1) Safety review.--Not later than 3 years after 
        the date of the enactment of the Motorcoach Enhanced Safety Act 
        of 2009, the Secretary shall require, by regulation, each 
        provider of motorcoach services registered with the Federal 
        Motor Carrier Safety Administration on or after such date of 
        enactment to undergo a periodic safety review.</DELETED>
        <DELETED>    ``(2) Elements of review.--In the regulations 
        prescribed pursuant to paragraph (1), the Secretary shall 
        establish the elements of the periodic safety review, including 
        basic safety management controls.</DELETED>
        <DELETED>    ``(3) Safety fitness ratings.--As part of the 
        safety review required by this subsection, the Secretary shall 
        assign a safety fitness rating to each provider of motorcoach 
        services and shall reassess such rating not less frequently 
        that every 3 years.</DELETED>
        <DELETED>    ``(4) 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 2009.''</DELETED>
<DELETED>    (b) Revision of Safety Audit System.--Not later than one 
year after the date of enactment of this Act, the Secretary shall 
revise the safety fitness audit system of the Department of 
Transportation established pursuant to section 31144 of title 49, 
United States Code, to conform with the safety recommendation H-99-6 of 
the National Transportation Safety Board issued February 26, 
1999.</DELETED>

<DELETED>SEC. 6. MOTORCOACH DRIVER TRAINING.</DELETED>

<DELETED>    (a) Establishment of Training Curriculum.--</DELETED>
        <DELETED>    (1) In general.--Not later than 2 years after the 
        date of enactment of this Act, the Secretary shall establish, 
        by regulation, a training curriculum for drivers of 
        motorcoaches to be adopted by public and private schools and 
        motor carriers that provide training for drivers of 
        motorcoaches.</DELETED>
        <DELETED>    (2) Curriculum requirements.--The training 
        curriculum required by paragraph (1) shall include the 
        following:</DELETED>
                <DELETED>    (A) Classroom and behind-the-wheel 
                instruction that is adequate for all new drivers of 
                motorcoaches to operate safely motorcoaches and respond 
                effectively to emergency situations.</DELETED>
                <DELETED>    (B) Instruction in advanced knowledge and 
                skills that are necessary to operate motorcoaches 
                safely, including knowledge and skills necessary--
                </DELETED>
                        <DELETED>    (i) to suppress motorcoach fires; 
                        and</DELETED>
                        <DELETED>    (ii) to evacuate passengers from 
                        motorcoaches safely.</DELETED>
<DELETED>    (b) Training Required.--</DELETED>
        <DELETED>    (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 training curriculum established pursuant to 
        subsection (a) before taking a test for a commercial driver's 
        license passenger endorsement.</DELETED>
        <DELETED>    (2) Certificate of completion required.--The 
        Secretary shall require that each driver seeking to take the 
        test for the commercial driver's license passenger endorsement 
        shall present a certificate to a State licensing authority 
        certifying that the driver has--</DELETED>
                <DELETED>    (A) successfully completed a motorcoach 
                driver training course that includes the curriculum 
                established in accordance with subsection (a); 
                and</DELETED>
                <DELETED>    (B) received a passing grade for an 
                examination at the culmination of such training 
                course.</DELETED>
<DELETED>    (c) Report on Feasibility of Establishing a System of 
Certification of Training Programs.--Not later than one year after the 
date of enactment of this Act, the Secretary shall submit to the 
committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives a report on the feasibility of establishing a system of 
certification of public and private schools and of motor carriers that 
provide motorcoach driver training in accordance with the curriculum 
established by the Secretary pursuant to subsection (a).</DELETED>

<DELETED>SEC. 7. IMPROVED COMMERCIAL DRIVER'S LICENSE 
              TESTING.</DELETED>

<DELETED>    (a) Increased Stringency of Examination for Commercial 
Driver's License Passenger-Carrying Endorsement.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall prescribe 
        standards that improve the quality and stringency of the 
        examination for the commercial driver's license passenger-
        carrying endorsement. Such standards shall require--</DELETED>
                <DELETED>    (A) a more stringent knowledge test than 
                the test in effect on the day before the date of 
                enactment of this Act; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Cooperation.--In prescribing the standards 
        required by paragraph (1), the Secretary shall cooperate with 
        the American Association of Motor Vehicle 
        Administrators.</DELETED>
<DELETED>    (b) Modification of Requirements for Commercial Driver's 
License Passenger-Carrying Endorsement.--The Secretary shall establish 
by regulation a requirement that a driver shall have a commercial 
driver's license passenger-carrying endorsement in order to operate a 
commercial motor vehicle and transport not less than 9 and not more 
than 15 passengers (including a driver) in interstate commerce for 
compensation.</DELETED>

<DELETED>SEC. 8. IMPROVED PHYSICAL FITNESS OVERSIGHT AND COMMERCIAL 
              DRIVER MEDICAL CERTIFICATES.</DELETED>

<DELETED>    (a) Require Passage of Rigorous Examination To Be Listed 
in National Registry of Medical Examiners.--Section 31149(c)(1)(D) of 
title 49, United States Code, is amended to read as follows:</DELETED>
                <DELETED>    ``(D) develop, as appropriate, specific 
                courses and materials for medical examiners who wish to 
                be listed in the national registry established under 
                this section and develop a rigorous examination for 
                which a passing grade must be achieved to be listed in 
                such national registry;''.</DELETED>
<DELETED>    (b) Integration of Federal Medical Qualification 
Certificate and Commercial Driver's License.--Not later than 2 years 
after the date of enactment of this Act, the Secretary shall prescribe 
regulations that will prevent the submission and use of invalid or 
fraudulent medical certificates.</DELETED>
<DELETED>    (c) Medical Examination Form Comparisons.--Not later than 
2 years after the date of enactment of this Act, the Secretary shall 
require by regulation that--</DELETED>
        <DELETED>    (1) 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); 
        and</DELETED>
        <DELETED>    (2) as a condition of approval of a State plan 
        under section 31102(d) of title 49, United States Code (as 
        added by section 109(b)), State licensing authorities shall 
        compare the forms they receive pursuant to paragraph (1) 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 this Act), to 
        determine the accuracy and validity of the information 
        contained in such forms and certificates.</DELETED>
<DELETED>    (d) Additional Oversight of Licensing Authorities.---
</DELETED>
        <DELETED>    (1) In general.--Section 31149(c)(1) of title 49, 
        United States Code, is amended--</DELETED>
                <DELETED>    (A) by striking ``basis; and'' in 
                subparagraph (E) and inserting ``basis;'';</DELETED>
                <DELETED>    (B) by striking ``certification'' in 
                subparagraph (F) and inserting ``certification; and''; 
                and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(G) each year, review the licensing 
                authorities of 10 States to assess the accuracy and 
                validity of physical examination reports and medical 
                certificates submitted by certified medical examiners 
                to such State licensing agencies.''.</DELETED>
        <DELETED>    (2) Internal oversight policy.--</DELETED>
                <DELETED>    (A) In general.--Not later than 2 years 
                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).</DELETED>
                <DELETED>    (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).</DELETED>
<DELETED>    (e) Deadline for Establishment of National Registry of 
Medical Examiners.--Not later than 1 year 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.</DELETED>

<DELETED>SEC. 9. SAFETY, ENFORCEMENT AND RESEARCH TECHNOLOGY FOR 
              COMMERCIAL MOTOR VEHICLES.</DELETED>

<DELETED>    (a) Electronic On-Board Recorders.--</DELETED>
        <DELETED>    (1) In general.--</DELETED>
                <DELETED>    (A) Not later than 1 year after the date 
                of enactment of this Act, the Secretary shall prescribe 
                regulations requiring that all motor coaches used by a 
                motor carrier in interstate commerce be equipped with 
                electronic on-board recorders.</DELETED>
                <DELETED>    (B) The regulations prescribed by the 
                Secretary under this section shall include performance 
                requirements to ensure that electronic on-board 
                recorders-</DELETED>
                        <DELETED>    (i) are linked with vehicle engine 
                        and transmission functions and electronic 
                        control modules;</DELETED>
                        <DELETED>    (ii) accurately record commercial 
                        driver hours of service;</DELETED>
                        <DELETED>    (iii) provide real-time tracking 
                        of driver and vehicle location; and</DELETED>
                        <DELETED>    (iv) are tamper-proof.</DELETED>
        <DELETED>    (2) Applicability.--The regulations prescribed 
        under paragraph (1) shall apply to all such motor coaches 
        beginning on the date that is 3 years after the date of 
        enactment of this Act.</DELETED>
<DELETED>    (b) Event Data Recorders.--</DELETED>
        <DELETED>    (1) In general.--Not later than 1 year after the 
        date of enactment of this Act, the Secretary shall prescribe 
        performance requirements for 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 motor coaches 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, as a baseline specification 
        but shall require additional information or other performance 
        requirements as appropriate for such motor coaches.</DELETED>
        <DELETED>    (2) Applicability.--The regulations prescribed 
        under paragraph (1) shall apply to all motor coaches used by 
        motor carriers in interstate commerce beginning on the date 
        that is 5 years after the date of enactment of this 
        Act.</DELETED>
<DELETED>    (c) Combined Technology.--Except as otherwise required by 
the Secretary, the requirements of subsections (a) and (b) may be 
combined in a single technology.</DELETED>
<DELETED>    (d) Commercial Motor Vehicle Tires.--</DELETED>
        <DELETED>    (1) Commercial motor vehicle tire pressure 
        monitoring systems.--</DELETED>
                <DELETED>    (A) Not later than 2 years after the date 
                of enactment of this Act, 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.</DELETED>
                <DELETED>    (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 peforming-</DELETED>
                        <DELETED>    (i) at all times when the ignition 
                        locking system is in the ``On'' 
                        position;</DELETED>
                        <DELETED>    (ii) at all vehicle 
                        speeds;</DELETED>
                        <DELETED>    (iii) on all road 
                        surfaces;</DELETED>
                        <DELETED>    (iv) during all weather 
                        conditions;</DELETED>
                        <DELETED>    (v) after a repair or other 
                        service is performed on a tire; and</DELETED>
                        <DELETED>    (vi) on spare tires.</DELETED>
        <DELETED>    (2) Commercial motor vehicle retreaded tires.--Not 
        later than 3 years after the date of enactment of this Act, the 
        Secretary shall establish a performance standard for retreaded, 
        regrooved, or otherwise remanufactured commercial motor vehicle 
        tires that ensures that such tires achieve a level of safety 
        performance that is at least equivalent to the safety 
        performance of new commercial motor vehicle tires.</DELETED>

<DELETED>SEC. 10. COMMERCIAL MOTOR VEHICLE SAFETY INSPECTION 
              PROGRAMS.</DELETED>

<DELETED>    (a) In General.--Section 31142 of title 49, United States 
Code, is amended by striking subsections (a) and (b) and inserting the 
following:</DELETED>
<DELETED>    ``(a) Annual Safety Inspection Program.--</DELETED>
        <DELETED>    ``(1) Program required.--In order to receive a 
        grant pursuant to section 31102 of this title, a State shall 
        conduct an annual safety inspection program for commercial 
        motor vehicles, including motor carriers transporting not fewer 
        than 9 and not more than 15 passengers (including a driver), 
        that receives approval from the Secretary pursuant to paragraph 
        (3).</DELETED>
        <DELETED>    ``(2) Inspection of safety equipment.--A 
        commercial motor vehicle inspected under a program established 
        pursuant to paragraph (1) is required to pass an inspection 
        conducted by the State in which the vehicle is registered, of 
        all safety equipment required under the regulations prescribed 
        under section 31136 of this title.</DELETED>
        <DELETED>    ``(3) Periodic review of state safety inspection 
        programs.--Not less frequently than once every 3 years, the 
        Secretary shall review and approve or disapprove each State's 
        safety inspection program established pursuant to paragraph 
        (1).</DELETED>
<DELETED>    ``(b) Regulations for Inspection of Vehicles and Record 
Retention.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall prescribe 
        regulations on Government standards for--</DELETED>
                <DELETED>    ``(A) inspection of commercial motor 
                vehicles under programs established pursuant to 
                subsection (a); and</DELETED>
                <DELETED>    ``(B) retention by employers of records of 
                such an inspection.</DELETED>
        <DELETED>    ``(2) Authority.--Regulations prescribed under 
        this subsection are treated as regulations prescribed under 
        section 31136 of this title.''.</DELETED>
<DELETED>    (b) Condition on State Grants.--Section 31102(d) such 
title is amended to read as follows:</DELETED>
<DELETED>    ``(d) Continuous Evaluation of Plans.--</DELETED>
        <DELETED>    ``(1) In general.--On the basis of reports 
        submitted by a State motor vehicle safety agency of a State 
        with a plan approved under this section and the Secretary's own 
        investigations, the Secretary shall make a continuing 
        evaluation of the way the State is carrying out the plan. If 
        the Secretary finds, after notice and opportunity for comment, 
        the State plan previously approved is not being followed or has 
        become inadequate to ensure enforcement of the regulations, 
        standards, or orders, the Secretary shall withdraw approval of 
        the plan and notify the State.--</DELETED>
        <DELETED>    ``(2) Approval of annual commercial motor vehicle 
        inspection programs.--If, under paragraph (3) of section 
        31142(a) of this title, the Secretary disapproves of an annual 
        safety inspection program of a State established pursuant to 
        paragraph (1) of such section 31142(a), the Secretary shall 
        withdraw approval of the plan of such State and notify the 
        State.</DELETED>
        <DELETED>    ``(3) Effective date of plan disapproval.--A State 
        plan stops being effective under this subsection when notice is 
        received by the State under this subsection.</DELETED>
        <DELETED>    ``(4) Judicial review.--A State adversely affected 
        by a withdrawal of approval under this subsection may seek 
        judicial review under chapter 7 of title 5.</DELETED>
        <DELETED>    ``(5) Retention of jurisdiction.--Notwithstanding 
        a withdrawal of approval under this subsection, the State may 
        retain jurisdiction in administrative or judicial proceedings 
        begun before the withdrawal if the issues involved are not 
        related directly to the reasons for the 
        withdrawal.''.</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect 1 year after the date of enactment of this 
Act.</DELETED>

<DELETED>SEC. 11. REGULATIONS.</DELETED>

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Motorcoach 
Enhanced Safety Act of 2009''.
    (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 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 that term is 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 the 
        following:
                    (A) Buses used in public transportation provided by 
                a State or local government.
                    (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 
        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 regulations as follows:
            (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 
commercial motor vehicle tire regulations as follows:
            (1) 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 peforming--
                            (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.--A regulation prescribed in 
        accordance with 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 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 C.F.R. 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 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 (2) through (9), respectively, and inserting before 
paragraph (2), 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).''.
    (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 within the first 18 months after 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 within the 
                first 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 by paragraph (1)(A) shall 
        be completed on-site no later than 90 days following the 
        submission of an application for operating authority.''
    (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) 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.''.
    (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)(C),''.
    (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.--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 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. 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 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 2009, 
        the Secretary shall determine the safety fitness of each 
        provider of motorcoach services registered with the Federal 
        Motor Carrier Safety Administration and 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 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 
        2009.''
    (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 18 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) 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 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).

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) Modification of Requirements for Commercial Driver's License 
Passenger-Carrying Endorsement.--The Secretary shall establish by 
regulation a requirement that a driver--
            (1) shall 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) shall have been 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 2009 
                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 1 year 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:
``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 2009, 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, or holds itself out to the public 
                        as a charter bus company; 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. 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.
                                                       Calendar No. 419

111th CONGRESS

  2d Session

                                 S. 554

                          [Report No. 111-202]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              June 8, 2010

                       Reported with an amendment