[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5462 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 5462
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
December 17, 2019
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'' or the ``BUSREGS21 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 ensure that a new
entrant that submits an application for such operating
authority is made aware of the resources available to new
entrants for safe and compliant operations, including the
criteria for safety audits of such new entrant.
``(2) 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 of passengers 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'' or ``unsatisfactory'' 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 rulemaking pertaining to
obstructive sleep apnea.
(b) 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)).
(c) Levels of Financial Responsibility.--Section 31138 of title 49,
United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``The Secretary of
Transportation shall prescribe regulations to require
minimum levels of financial responsibility sufficient
to satisfy liability amounts established by the
Secretary covering public liability and property damage
for the transportation of passengers for compensation
by motor vehicle'' and inserting ``A person shall have
at least the level of financial responsibility
described in subsection (b) when operating a motor
vehicle for the transportation of passengers for
compensation''; and
(B) in paragraph (2) by striking ``The Secretary
may prescribe regulations to require minimum levels of
financial responsibility sufficient to satisfy
liability amounts established by the Secretary covering
public liability and property damage for the
transportation of passengers for commercial purposes,
but not for compensation, by motor vehicle'' and
inserting ``A person shall have at least the level of
financial responsibility described in subsection (b)
when operating a motor vehicle for commercial purposes,
but not for compensation,'';
(2) in subsection (b)--
(A) by inserting ``minimum'' before ``level of
financial'';
(B) in paragraph (1) by striking ``be at least''
and inserting ``be''; and
(C) in paragraph (2) by striking ``at least'';
(3) in subsection (c)(1)--
(A) in subparagraph (A) by striking ``insurance''
and inserting ``Insurance'';
(B) in subparagraph (B) by striking ``a'' and
inserting ``A''; and
(C) in subparagraph (C) by striking ``a surety''
and inserting ``A surety''; and
(4) by adding at the end the following:
``(f) Prohibition of Authority.--The Secretary may not increase the
minimum level of financial responsibility established under subsection
(b) by regulation or any other authority available to the Secretary.''.
(d) 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 the 14 day period that a
motor carrier may submit a revised plan under paragraph
(2)(A) or during the period that such revised plan is
being reviewed under paragraph (2)(B).
``(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 note the
action in the compliance review and consider such 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) representatives of insurance companies.
(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 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 9 or
fewer vehicles and make 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) 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, including a determination on which
inspections described in subsection (a) achieve a higher level of
compliance with Federal Motor Carrier Safety Regulations and reductions
in crashes and fatalities.
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.--Section 5323 of title 49,
United States Code, is amended--
(1) in subsection (i) 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.''; and
(2) by adding at the end the following:
``(u) Private Sector Exclusion.--
``(1) Mandatory reports.--As a condition for receiving
funds under this chapter, the Secretary shall require a
recipient of funds under this chapter 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 or a private sector
school bus passenger carrier providing charter or scheduled
service described in paragraph (1) to report any displacement
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 the BUSREGS21 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.
``(v) Public Meeting Disclosure Requirement.--
``(1) In general.--As a condition for receiving funds made
available under this chapter, the Secretary shall require a
recipient of such funds to submit to the Secretary notice of
any public meeting scheduled by the recipient.
``(2) Publication.--The Secretary shall publish any notice
received under paragraph (1) on an Internet website.
``(w) Private Sector Engagement.--
``(1) Expanded certification.--As a condition for receiving
funds made available under this chapter, 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.''.
(b) 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.
(c) 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,
regional, or State and regional 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.
(d) Private Sector Participation.--
(1) 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 to
reduce or eliminate impediments on public
transit agencies and other similar entities in
providing public transportation service.
(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 under clause (i)
shall include summaries and observations from
various trade associations representing the
private sector motor carriers of passengers
industries, if such summaries and observations
are provided by trade associations.
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