[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2120 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 2120

 To direct the Secretary of Transportation to take actions to address 
  issues affecting motorcoach and school bus operators, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 25, 2017

  Mr. Perry introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Transportation to take actions to address 
  issues affecting motorcoach and school bus operators, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Buses United for 
Safety, Regulatory Reform, and Enhanced Growth for the 21st Century 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. FMCSA reform.
Sec. 3. FAST Act reform.
Sec. 4. Rules exemptions and rescission for motor carriers of 
                            passengers.
Sec. 5. Beyond compliance.
Sec. 6. Corrective action plans regarding motor carriers of passengers.
Sec. 7. Civil penalties.
Sec. 8. Modernization of Federal Motor Carrier Safety Regulations.
Sec. 9. Rulemakings impacting motor carriers of passengers.
Sec. 10. GAO study assessing effects of current oversight and 
                            regulations.
Sec. 11. Pilot program on inspections.
Sec. 12. Requirements for NHTSA.
Sec. 13. Requirements for FTA.

SEC. 2. FMCSA REFORM.

    (a) Mission Statement.--Section 113(b) of title 49, United States 
Code, is amended by inserting ``while fostering new and expanding 
passenger service through industry collaboration, encouraging new 
entrant applicants by expediting operating authorizations, and 
identifying passenger carrier drivers as a profession'' before ``in 
motor carrier transportation.''.
    (b) Requirements for Registration of Motor Carriers.--Section 13901 
of title 49, United States Code, is amended by adding at the end the 
following:
    ``(d) Operating Authority To Transport Passengers.--
            ``(1) Applications.--If a person submits to the Secretary 
        under this section an application for motor carrier operating 
        authority to transport passengers, the Secretary, not later 
        than 14 days after the date of the submission, shall--
                    ``(A) approve the application; or
                    ``(B) provide to the applicant, in writing, a 
                specific valid reason for withholding approval of the 
                application.
            ``(2) Supplemental information.--If an applicant that 
        receives written notice under paragraph (1)(B) submits to the 
        Secretary information that satisfies the reason of the 
        Secretary for withholding approval of the application, the 
        Secretary shall approve the application not later than 5 days 
        after the date of receipt of the information.
    ``(e) Guidance for New Entrants.--
            ``(1) Issuance.--The Secretary shall--
                    ``(A) issue written guidance to instruct new 
                entrants seeking operating authority under this section 
                to transport passengers on complying with the Federal 
                Motor Carrier Safety Regulations; and
                    ``(B) ensure that a new entrant that submits an 
                application for such operating authority receives the 
                guidance.
            ``(2) Criteria for safety audit.--The guidance issued under 
        paragraph (1) shall serve as the criteria for conducting a 
        safety audit of an approved new entrant motor carrier of 
        passengers.
            ``(3) Registration fees.--The Secretary may not increase 
        registration fees for new entrant applications described in 
        paragraph (1) in excess of $350.''.

SEC. 3. FAST ACT REFORM.

    (a) Carrier Safety Fitness Determinations.--
            (1) Notice of proposed rulemaking.--Before the date on 
        which the Inspector General of the Department of Transportation 
        makes the certification under section 5223(a) of the FAST Act 
        (49 U.S.C. 31100 note; 129 Stat. 1541), the Secretary of 
        Transportation may not issue a notice of proposed rulemaking to 
        modify the carrier safety fitness standards and methodologies 
        in effect for motor carriers on the date of enactment of this 
        Act.
            (2) Limitations on use of carrier safety fitness 
        determinations.--The following requirements shall apply with 
        respect to a carrier safety fitness determination made by the 
        Secretary, using procedures in effect on the date of enactment 
        of this Act, in connection with a motor carrier engaged in 
        providing transportation of passengers:
                    (A) The Secretary may not use the carrier safety 
                fitness determination to instruct a cessation of 
                operations or revocation.
                    (B) The Secretary may determine the motor carrier 
                to be ``unfit'' to operate only upon--
                            (i) completion of a compliance review or 
                        comprehensive safety investigation; and
                            (ii) consideration of a corrective action 
                        plan, if submitted.
                    (C) The Secretary shall continue to assign 
                ``satisfactory'' and ``conditional'' ratings as 
                appropriate.
                    (D) Any assigned rating shall include the date on 
                which the rating was assigned.
    (b) Availability of Information Developed Under CSA Program.--
            (1) In general.--Section 5223 of the FAST Act (49 U.S.C. 
        31100 note; 129 Stat. 1541) is amended--
                    (A) in subsection (a) by striking ``or the 
                commercial motor vehicle driver'' and inserting ``, the 
                commercial motor vehicle driver, or the motor carrier 
                of passengers (including any private school bus 
                operator)''; and
                    (B) in subsection (d)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (A) by striking 
                                the semicolon at the end and inserting 
                                ``; and''; and
                                    (II) in subparagraph (B)--
                                            (aa) by striking ``and a 
                                        commercial motor vehicle 
                                        driver'' and inserting ``, a 
                                        commercial motor vehicle 
                                        driver, and a motor carrier of 
                                        passengers (including any 
                                        private school bus carrier)'';
                                            (bb) by striking ``or 
                                        driver, respectively; and'' and 
                                        inserting ``or driver, as 
                                        appropriate.''; and
                                            (cc) by striking 
                                        subparagraph (C);
                            (ii) by striking paragraph (2); and
                            (iii) by redesignating paragraph (3) as 
                        paragraph (2).
            (2) Applicability.--The amendments made by paragraph (1) 
        shall apply to the availability of information beginning 1 day 
        after the date of enactment of this Act.

SEC. 4. RULES EXEMPTIONS AND RESCISSION FOR MOTOR CARRIERS OF 
              PASSENGERS.

    (a) Obstructive Sleep Apnea.--
            (1) Finding.--Congress finds that obstructive sleep apnea 
        is adequately addressed under the current medical standards for 
        commercial motor vehicle drivers.
            (2) Exemption.--The Secretary of Transportation shall 
        exempt commercial motor vehicle drivers of motor carriers of 
        passengers and private school bus carriers from any 
        requirements resulting from the advance notice of proposed 
        rulemaking of the Federal Motor Carrier Safety Administration 
        relating to ``Evaluation of Safety Sensitive Personnel for 
        Moderate-to-Severe Obstructive Sleep Apnea'' (81 Fed. Reg. 
        12642 (March 10, 2016)).
    (b) Financial Responsibility.--
            (1) Limitation on increases.--The Secretary may not 
        increase the minimum financial responsibility limits that 
        apply, as of the date of enactment of this Act, to motor 
        carriers of passengers and private school bus carriers unless 
        the increase is approved by an Act of Congress.
            (2) Exemption.--The Secretary shall exempt motor carriers 
        of passengers and private school bus carriers from any 
        requirements resulting from the advance notice of proposed 
        rulemaking of the Federal Motor Carrier Safety Administration 
        relating to ``Financial Responsibility for Motor Carriers, 
        Freight Forwarders, and Brokers'' (79 Fed. Reg. 70839 (November 
        28, 2014)).
    (c) Speed Limiters.--
            (1) Finding.--Congress favors collecting and disseminating 
        statistical information to the motor carrier industry in lieu 
        of imposing requirements relating to the installation of speed 
        limiting devices.
            (2) Exemption.--The Secretary shall exempt motor carriers 
        of passengers and private school bus carriers from any 
        requirements resulting from the advance notice of proposed 
        rulemaking of the National Highway Traffic Safety 
        Administration and the Federal Motor Carrier Safety 
        Administration relating to ``Federal Motor Vehicle Safety 
        Standards; Federal Motor Carrier Safety Regulations; Parts and 
        Accessories Necessary for Safe Operation; Speed Limiting 
        Devices'' (81 Fed. Reg. 61941 (September 7, 2016)).
    (d) Lease and Interchange of Vehicles.--
            (1) Rescission of rule.--The Secretary shall withdraw and 
        rescind the rule of the Federal Motor Carrier Safety 
        Administration relating to ``Lease and Interchange of Vehicles; 
        Motor Carriers of Passengers'' (80 Fed. Reg. 30164 (May 27, 
        2015)).
            (2) Guidance.--The Secretary shall issue guidance for motor 
        carriers of passengers who choose to enter into lease 
        arrangements.
    (e) Relationship to Other Laws.--A requirement under this section 
to withdraw and rescind a rulemaking proposal shall apply without 
regard to any provision of statute or regulation that establishes a 
requirement to issue a rulemaking proposal on the issue.

SEC. 5. BEYOND COMPLIANCE.

    Section 5222(a) of the FAST Act (49 U.S.C. 31100 note; 129 Stat. 
1540) is amended in the matter preceding paragraph (1) by inserting 
``(other than a motor carrier of passengers)'' after ``motor carrier''.

SEC. 6. CORRECTIVE ACTION PLANS REGARDING MOTOR CARRIERS OF PASSENGERS.

    Section 31144 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(j) Corrective Action Plans Submitted by Motor Carriers of 
Passengers.--
            ``(1) Review of plans.--Not later than 30 days after the 
        date of receipt of a corrective action plan submitted by a 
        motor carrier of passengers that, on the basis of a safety 
        fitness determination, has received a rating of unsatisfactory, 
        conditional, or unfit, the Secretary shall accept or deny the 
        plan.
            ``(2) Revisions.--
                    ``(A) Notice of deficiencies.--If the Secretary 
                denies a corrective action plan of a motor carrier of 
                passengers, the Secretary shall--
                            ``(i) advise the motor carrier of the 
                        specific deficiencies of the plan; and
                            ``(ii) allow up to 14 days for the motor 
                        carrier to submit a revised plan.
                    ``(B) Review of revised plans.--Not later than 30 
                days after the date of receipt of the revised 
                corrective action plan, the Secretary shall accept or 
                deny the revised plan.
            ``(3) Limitations on suspensions and revocations.--
                    ``(A) In general.--The Secretary may not suspend or 
                revoke the authority of a motor carrier of passengers 
                to conduct operations during any period in which a 
                corrective action plan is being revised or reviewed in 
                accordance with the requirements of this subsection.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                with respect to a motor carrier of passengers if the 
                Secretary determines the motor carrier to be an 
                imminent hazard to public safety.
            ``(4) Consideration of corrective actions.--If a motor 
        carrier of passengers implements a corrective action during a 
        compliance review or safety audit, the Secretary shall consider 
        the corrective action before a safety fitness determination 
        action is concluded.''.

SEC. 7. CIVIL PENALTIES.

    (a) Additional Penalty Considerations.--Section 521(b)(2)(D) of 
title 49, United States Code, is amended by inserting ``scope of 
severity and willfulness, ability to pay, size of fleet,'' before ``and 
such other matters as justice and public safety may require''.
    (b) Procedural Requirement Relating to Installment Plans.--Section 
521(b) of title 49, United States Code, is amended by adding at the end 
the following:
            ``(16) Procedural requirement relating to installment 
        plans.--A motor carrier of passengers, by contesting or 
        appealing a notice of a violation issued by the Secretary under 
        this subsection, does not waive any right relating to 
        installment plans before the Secretary has issued an order 
        affirming, modifying, or vacating the notice of violation.''.

SEC. 8. MODERNIZATION OF FEDERAL MOTOR CARRIER SAFETY REGULATIONS.

    (a) Establishment of Advisory Committee.--The Secretary of 
Transportation shall establish a negotiated rulemaking advisory 
committee (in this section referred to as the ``Committee'') for the 
purpose of developing a comprehensive regulatory proposal aimed at 
reducing, simplifying, streamlining, and modernizing Federal Motor 
Carrier Safety Regulations applicable to the operations of motor 
carriers of passengers.
    (b) Membership.--The Committee shall be composed of--
            (1) representatives of motor carriers of passengers;
            (2) representatives of trade associations representing the 
        motor carriers of passengers industries;
            (3) industry safety experts; and
            (4) insurance company representatives.
    (c) Duties.--The Committee shall--
            (1) establish and utilize a scale for determining the 
        effectiveness of each Federal Motor Carrier Safety Regulation 
        as the regulation relates to reducing fatalities and bodily 
        injury;
            (2) identify, in original or modified form, those Federal 
        Motor Carrier Safety Regulations that possess the highest 
        propensity for reducing fatalities and bodily injuries;
            (3) identify statutory provisions that impede the 
        elimination of burdensome, ineffective, and duplicative Federal 
        regulations;
            (4) consider methods for improved record retention 
        requirements through electronic media; and
            (5) identify conflicting definitions relating to motor 
        carriers of passengers in statutes and regulations.
    (d) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit to Congress a report 
on the activities and findings of the Committee, including 
recommendations for statutory revisions to achieve the goals described 
in subsection (a).
    (e) Regulatory Actions.--After the date of submission of the 
report, the Secretary shall initiate regulatory actions to implement 
the recommendations of the Committee.

SEC. 9. RULEMAKINGS IMPACTING MOTOR CARRIERS OF PASSENGERS.

    In a rulemaking proceeding impacting both motor carriers of 
property and motor carriers of passengers, the Secretary of 
Transportation shall provide a separate and distinct analysis, 
including a cost-benefit analysis, specific to the impact of the 
proposed rulemaking on motor carriers of passengers.

SEC. 10. GAO STUDY ASSESSING EFFECTS OF CURRENT OVERSIGHT AND 
              REGULATIONS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a comprehensive study on--
            (1) the regulations affecting motor carriers of passengers 
        that were finalized in the preceding 10 years by the Federal 
        Motor Carrier Safety Administration and the National Highway 
        Traffic Safety Administration to determine if the projected 
        goals of the regulations are being realized, including 
        reductions in fatalities and costs;
            (2) the negative effects of suspension, revocation, and 
        out-of-service orders on motor carriers of passengers, the 
        drivers of such carriers, communities (including schools, 
        religious organizations, and other organizations), and 
        financial institutions; and
            (3) the disparate effects of regulations of the Federal 
        Motor Carrier Safety Administration and the National Highway 
        Traffic Safety Administration finalized in the preceding 10 
        years on small fleet motor carriers of passengers consisting of 
        10 or fewer vehicles, and recommendations for exemptions and 
        implementation strategies to mitigate the disparate effects.
    (b) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall submit to Congress 
a report on the results of the study.

SEC. 11. PILOT PROGRAM ON INSPECTIONS.

    (a) In General.--The Secretary of Transportation shall carry out a 
pilot program to compare the effectiveness of prescheduled garage, 
terminal, or place of business vehicle and driver inspections with 
random destination inspections on motor carriers of passengers.
    (b) Goal.--The goal of the pilot program shall be to determine 
which inspection method achieves a higher level of compliance with 
Federal Motor Carrier Safety Regulations and reductions in crashes and 
fatalities.
    (c) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall submit to Congress a report 
on the results of the pilot program.

SEC. 12. REQUIREMENTS FOR NHTSA.

    (a) New Vehicle Requirements.--The Secretary of Transportation may 
not promulgate any new regulatory mandates for motorcoaches or school 
buses that are not based solely on sound data and science that will 
directly reduce crashes or the effects thereof. All proposed 
modifications to design or accessory requirements relating to 
motorcoaches or school buses shall be pursued by the Secretary through 
the formal regulatory process based on a comprehensive cost-benefit 
analysis and sound scientific research.
    (b) Inclusion of Industry Regarding Autonomous Vehicle Policy.--The 
Secretary shall include and consult with the motorcoach and school bus 
industries through its representatives, including motorcoach and school 
bus manufacturers, companies operating motorcoaches and school buses, 
and motorcoach and school bus industry associations, in all phases of 
development of autonomous vehicle policy and proposed regulations.

SEC. 13. REQUIREMENTS FOR FTA.

    (a) Private Sector Exclusion Summary.--
            (1) Mandatory reports.--As a condition for receiving funds 
        made available under chapter 53 of title 49, United States 
        Code, the Secretary of Transportation shall require a recipient 
        of such funds to report to the Secretary any instance in which 
        a private sector motor carrier of passengers or a private 
        sector school bus passenger carrier providing charter or 
        scheduled service is displaced by a public transportation 
        provider receiving financial assistance through the use of such 
        funds.
            (2) Voluntary reports.--In addition to the reports required 
        under paragraph (1), the Secretary shall allow a private sector 
        motor carrier of passengers described in paragraph (1) to 
        voluntary report any instance described in paragraph (1).
            (3) Reporting procedures.--The Secretary shall establish 
        procedures for receiving reports under paragraphs (1) and (2).
            (4) Annual report to congress.--Not later than 1 year after 
        the date of enactment of this Act, and annually thereafter, the 
        Secretary shall submit to Congress a report that contains a 
        list of the reports submitted in the prior year under 
        paragraphs (1) and (2), including a description of the specific 
        locations and estimated economic losses to private sector motor 
        carriers of passengers and private sector school bus passenger 
        carriers associated with each report.
    (b) Public Meeting Disclosure Website.--As a condition for 
receiving funds made available under chapter 53 of title 49, United 
States Code, the Secretary shall require a recipient of such funds to 
publish, on an Internet website to be established and maintained by the 
Secretary, a notice of any public meeting scheduled by the recipient.
    (c) Combined Agency Biennial Reports.--The Secretary shall 
integrate the charter registration website of the Federal Transit 
Administration and the biennial update website of the Federal Motor 
Carrier Safety Administration so as to permit entities under the 
jurisdictions of those Administrations to make a single registration 
update.
    (d) Private Sector Engagement.--
            (1) Expanded certification.--As a condition for receiving 
        funds made available under chapter 53 of title 49, United 
        States Code, the Secretary shall require a recipient of such 
        funds to file with the Secretary an expanded certification of 
        specific considerations and engagements utilized by the 
        recipient to encourage the participation of the private sector 
        to the maximum extent feasible in projects and activities of 
        the recipient involving the use of such funds.
            (2) Public availability of certifications.--The Secretary 
        shall ensure that certifications made under this subsection 
        appear on a public Internet website administered by the 
        Secretary.
    (e) Capital Cost of Contracting.--
            (1) Education program.--The Secretary shall carry out a 
        program to educate recipients of funds under chapter 53 of 
        title 49, United States Code, on the use of capital cost of 
        contracting for partnering with private sector motor carriers 
        of passengers and private sector school bus passenger carriers.
            (2) State and regional sessions.--In carrying out the 
        program, the Secretary shall conduct a series of State or 
        regional (or both) sessions that will be open to the public and 
        include participation by private sector motor carriers of 
        passengers, private sector school bus passenger carriers, and 
        recipients of funds under chapter 53 of title 49, United States 
        Code.
    (f) Private Sector Participation.--
            (1) Incentives for competitively contracted service.--
        Section 5323(i) of title 49, United States Code, is amended by 
        adding at the end the following:
            ``(3) Incentives for competitively contracted service.--
                    ``(A) Eligibility.--Subject to subparagraph (C), a 
                recipient of assistance under this chapter that meets 
                the targets under subparagraph (B) for competitively 
                contracted service shall be eligible, at the request of 
                the recipient, for a Federal share of 90 percent for 
                the capital cost of buses and bus-related facilities 
                and equipment purchased with financial assistance made 
                available under this chapter.
                    ``(B) Target.--To qualify for the competitively 
                contracted service incentive program under this 
                paragraph, a public transit agency or governmental unit 
                shall competitively contract for at least 20 percent of 
                its fixed route bus service. The percentage of 
                competitively contracted service shall be calculated by 
                determining the ratio of competitively contracted 
                service vehicles operated in annual maximum service to 
                total vehicles operated in annual maximum service.
                    ``(C) Maintenance of effort.--A public transit 
                agency or governmental unit shall be eligible for an 
                increased Federal share under this paragraph only if 
                the amount of State and local funding provided to the 
                affected public transit agency or governmental unit for 
                the capital cost of buses and bus-related facilities 
                and equipment will not be less than the average amount 
                of funding for such purposes provided during the 3 
                fiscal years preceding the date of enactment of this 
                paragraph.
                    ``(D) Definitions.--In this paragraph, the 
                following definitions apply:
                            ``(i) Competitively contracted service.--
                        The term `competitively contracted service' 
                        means fixed route bus transportation service 
                        purchased by a public transit agency or 
                        governmental unit from a private sector motor 
                        carrier of passengers or a private sector 
                        school bus passenger carrier based on a written 
                        contract.
                            ``(ii) Vehicles operated in annual maximum 
                        service.--The term `vehicles operated in annual 
                        maximum service' means the number of transit 
                        vehicles operated to meet the annual maximum 
                        service requirement during the peak season of 
                        the year, on the week and day that maximum 
                        service is provided.''.
            (2) Strategies to reduce or eliminate impediments to 
        private sector participation in providing public transportation 
        service.--
                    (A) Study.--The Secretary shall conduct a study 
                on--
                            (i) private sector participation by private 
                        sector motor carriers of passengers and private 
                        school bus passenger carriers in providing 
                        public transportation service;
                            (ii) impediments to such participation; and
                            (iii) strategies and recommendations taken 
                        to reduce or eliminate the impediments.
                    (B) Report to congress.--
                            (i) In general.--Not later than 1 year 
                        after the date of enactment of this Act, the 
                        Secretary shall transmit to Congress a report 
                        containing the results of the study.
                            (ii) Contents.--The report shall include 
                        summaries and observations from various trade 
                        associations representing the private sector 
                        motor carriers of passengers industries.
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