,i #aafth ,,congress #ast ,session ,h4 ,r4 #edfb ,,in ,,the ,,house ,,of ,,representatives ,december #ag1 #bjai,mr4 ,perry introduced the following bill2 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 operators1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,buses ,united for ,safety1 ,regulatory ,reform1 and ,enhanced ,growth for the #bast ,century ,act or the ,,busregs#ba ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,,fmcsa reform4 ,sec4 #c4 ,,fast ,act reform4 ,sec4 #d4 ,rules exemptions and rescission for motor carriers of passengers4 ,sec4 #e4 ,beyond compliance4 ,sec4 #f4 ,corrective action plans regarding motor carriers of passengers4 ,sec4 #g4 ,civil penalties4 ,sec4 #h4 ,modernization of ,federal ,motor ,carrier ,safety ,regulations4 ,sec4 #i4 ,rulemakings impacting motor carriers of passengers4 ,sec4 #aj4 ,,gao study assessing effects of current oversight and regulations4 ,sec4 #aa4 ,pilot program on inspections4 ,sec4 #ab4 ,requirements for ,,nhtsa4 ,sec4 #ac4 ,requirements for ,,fta4 #b4 ,,fmcsa reform 7a7 ,mission statement ,section #aac7;b7 of title #di1 ,united ,states ,code1 is amended by inserting while fostering new and expanding passenger service through industry collaboration1 encouraging new entrant applicants by expediting operating authorizations1 and identifying passenger carrier drivers as a profession before in motor carrier transportation44 7b7 ,requirements for registration of motor carriers ,section #acija of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,operating authority ,to transport passengers 7#a7 ,applications ,if a person submits to the ,secretary under this section an application for motor carrier operating authority to transport passengers1 the ,secretary1 not later than #ad days after the date of the submission1 shall-- 7,a7 approve the application2 or 7,b7 provide to the applicant1 in writing1 a specific valid reason for withholding approval of the application4 7#b7 ,supplemental information ,if an applicant that receives written notice under paragraph 7#a77;,b7 submits to the ,secretary information that satisfies the reason of the ,secretary for withholding approval of the application1 the ,secretary shall approve the application not later than #e days after the date of receipt of the information4 7e7 ,guidance for new entrants 7#a7 ,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 operations1 including the criteria for safety audits of such new entrant4 7#b7 ,registration fees ,the ,secretary may not increase registration fees for new entrant applications described in paragraph 7#a7 in excess of #cej4 4 #c4 ,,fast ,act reform 7a7 ,carrier safety fitness determinations 7#a7 ,notice of proposed rulemaking ,before the date on which the ,inspector ,general of the ,department of ,transportation makes the certification under section #ebbc7;a7 of the ,,fast ,act 7#di ,u4,s4,c4 #caajj note2 #abi ,stat4 #aeda71 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 ,act4 7#b7 ,limitations on use of carrier safety fitness determinations ,the following requirements shall apply with respect to a carrier safety fitness determination made by the ,secretary1 using procedures in effect on the date of enactment of this ,act1 in connection with a motor carrier engaged in providing transportation of passengers3 7,a7 ,the ,secretary may not use the carrier safety fitness determination to instruct a cessation of operations or revocation4 7,b7 ,the ,secretary may determine the motor carrier to be unfit or unsatisfactory to operate only upon-- 7i7 completion of a compliance review or comprehensive safety investigation2 and 7ii7 consideration of a corrective action plan1 if submitted4 7,c7 ,the ,secretary shall continue to assign satisfactory and conditional ratings as appropriate4 7,d7 ,any assigned rating shall include the date on which the rating was assigned4 7b7 ,availability of information developed under ,,csa program 7#a7 ,in general ,section #ebbc of the ,,fast ,act 7#di ,u4,s4,c4 #caajj note2 #abi ,stat4 #aeda7 is amended-- 7,a7 in subsection 7a7 by striking or the commercial motor vehicle driver and inserting 1 the commercial motor vehicle driver1 or the motor carrier of passengers 7including any private school bus operator72 and 7,b7 in subsection 7d7-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,a7 by striking the semicolon at the end and inserting 2 and2 and 7,,ii7 in subparagraph 7,b7-- 7aa7 by striking and a commercial motor vehicle driver and inserting 1 a commercial motor vehicle driver1 and a motor carrier of passengers 7including any private school bus carrier72 7bb7 by striking or driver1 respectively2 and and inserting or driver1 as appropriate42 and 7cc7 by striking subparagraph 7,c72 7ii7 by striking paragraph 7#b72 and 7iii7 by redesignating paragraph 7#c7 as paragraph 7#b74 7#b7 ,applicability ,the amendments made by paragraph 7#a7 shall apply to the availability of information beginning #a day after the date of enactment of this ,act4 #d4 ,rules exemptions and rescission for motor carriers of passengers 7a7 ,obstructive sleep apnea 7#a7 ,finding ,congress finds that obstructive sleep apnea is adequately addressed under the current medical standards for commercial motor vehicle drivers4 7#b7 ,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 apnea4 7b7 ,speed limiters 7#a7 ,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 devices4 7#b7 ,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 ,standards2 ,federal ,motor ,carrier ,safety ,regulations2 ,parts and ,accessories ,necessary for ,safe ,operation2 ,speed ,limiting ,devices 7#ha ,fed4 ,reg4 #faida 7,september #g1 #bjaf774 7c7 ,levels of financial responsibility ,section #caach of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7 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 7b7 when operating a motor vehicle for the transportation of passengers for compensation2 and 7,b7 in paragraph 7#b7 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 purposes1 but not for compensation1 by motor vehicle and inserting ,a person shall have at least the level of financial responsibility described in subsection 7b7 when operating a motor vehicle for commercial purposes1 but not for compensation12 7#b7 in subsection 7b7-- 7,a7 by inserting minimum before level of financial2 7,b7 in paragraph 7#a7 by striking be at least and inserting be2 and 7,c7 in paragraph 7#b7 by striking at least2 7#c7 in subsection 7c77#a7-- 7,a7 in subparagraph 7,a7 by striking insurance and inserting ,insurance2 7,b7 in subparagraph 7,b7 by striking a and inserting ,a2 and 7,c7 in subparagraph 7,c7 by striking a surety and inserting ,a surety2 and 7#d7 by adding at the end the following3 7f7 ,prohibition of authority ,the ,secretary may not increase the minimum level of financial responsibility established under subsection 7b7 by regulation or any other authority available to the ,secretary4 4 7d7 ,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 issue4 #e4 ,beyond compliance ,section #ebbb7;a7 of the ,,fast ,act 7#di ,u4,s4,c4 #caajj note2 #abi ,stat4 #aedj7 is amended in the matter preceding paragraph 7#a7 by inserting 7other than a motor carrier of passengers7 after motor carrier4 #f4 ,corrective action plans regarding motor carriers of passengers ,section #caadd of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7j7 ,corrective action plans submitted by motor carriers of passengers 7#a7 ,review of plans ,not later than #cj days after the date of receipt of a corrective action plan submitted by a motor carrier of passengers that1 on the basis of a safety fitness determination1 has received a rating of unsatisfactory1 conditional1 or unfit1 the ,secretary shall accept or deny the plan4 7#b7 ,revisions 7,a7 ,notice of deficiencies ,if the ,secretary denies a corrective action plan of a motor carrier of passengers1 the ,secretary shall-- 7i7 advise the motor carrier of the specific deficiencies of the plan2 and 7ii7 allow up to #ad days for the motor carrier to submit a revised plan4 7,b7 ,review of revised plans ,not later than #cj days after the date of receipt of the revised corrective action plan1 the ,secretary shall accept or deny the revised plan4 7#c7 ,limitations on suspensions and revocations 7,a7 ,in general ,the ,secretary may not suspend or revoke the authority of a motor carrier of passengers to conduct operations during the #ad day period that a motor carrier may submit a revised plan under paragraph 7#b77;,a7 or during the period that such revised plan is being reviewed under paragraph 7#b77;,b74 7,b7 ,exception ,subparagraph 7,a7 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 safety4 7#d7 ,consideration of corrective actions ,if a motor carrier of passengers implements a corrective action during a compliance review or safety audit1 the ,secretary shall note the action in the compliance review and consider such action before a safety fitness determination action is concluded4 4 #g4 ,civil penalties 7a7 ,additional penalty considerations ,section #eba7;b77#b77;,d7 of title #di1 ,united ,states ,code1 is amended by inserting scope of severity and willfulness1 ability to pay1 size of fleet1 before and such other matters as justice and public safety may require4 7b7 ,procedural requirement relating to installment plans ,section #eba7;b7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#af7 ,procedural requirement relating to installment plans ,a motor carrier of passengers1 by contesting or appealing a notice of a violation issued by the ,secretary under this subsection1 does not waive any right relating to installment plans before the ,secretary has issued an order affirming1 modifying1 or vacating the notice of violation4 4 #h4 ,modernization of ,federal ,motor ,carrier ,safety ,regulations 7a7 ,establishment of advisory committee ,the ,secretary of ,transportation shall establish a negotiated rulemaking advisory committee 7in this section referred to as the ,committee7 for the purpose of developing a comprehensive regulatory proposal aimed at reducing1 simplifying1 streamlining1 and modernizing ,federal ,motor ,carrier ,safety ,regulations applicable to the operations of motor carriers of passengers4 7b7 ,membership ,the ,committee shall be composed of-- 7#a7 representatives of motor carriers of passengers2 7#b7 representatives of trade associations representing the motor carriers of passengers industries2 7#c7 industry safety experts2 and 7#d7 representatives of insurance companies4 7c7 ,duties ,the ,committee shall-- 7#a7 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 injury2 7#b7 identify1 in original or modified form1 those ,federal ,motor ,carrier ,safety ,regulations that possess the highest propensity for reducing fatalities and bodily injuries2 7#c7 identify statutory provisions that impede the elimination of burdensome1 ineffective1 and duplicative ,federal regulations2 7#d7 consider methods for improved record retention requirements through electronic media2 and 7#e7 identify conflicting definitions relating to motor carriers of passengers in statutes and regulations4 7d7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report on the activities and findings of the ,committee1 including recommendations for statutory revisions to achieve the goals described in subsection 7a74 7e7 ,regulatory actions ,after the date of submission of the report1 the ,secretary shall initiate regulatory actions to implement the recommendations of the ,committee4 #i4 ,rulemakings impacting motor carriers of passengers ,in a rulemaking proceeding impacting both motor carriers of property and motor carriers of passengers1 the ,secretary of ,transportation shall provide a separate and distinct analysis1 including a cost-benefit analysis1 specific to the impact of the proposed rulemaking on motor carriers of passengers4 #aj4 ,,gao study assessing effects of current oversight and regulations 7a7 ,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 #aj years on small fleet motor carriers of passengers consisting of #i or fewer vehicles and make recommendations for exemptions and implementation strategies to mitigate the disparate effects4 7b7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report on the results of the study4 #aa4 ,pilot program on inspections 7a7 ,in general ,the ,secretary of ,transportation shall carry out a pilot program to compare the effectiveness of prescheduled garage1 terminal1 or place of business vehicle and driver inspections with random destination inspections on motor carriers of passengers4 7b7 ,report to ,congress ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report on the results of the pilot program1 including a determination on which inspections described in subsection 7a7 achieve a higher level of compliance with ,federal ,motor ,carrier ,safety ,regulations and reductions in crashes and fatalities4 #ab4 ,requirements for ,,nhtsa 7a7 ,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 thereof4 ,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 research4 7b7 ,inclusion of industry regarding autonomous vehicle policy ,the ,secretary shall include and consult with the motorcoach and school bus industries through its representatives1 including motorcoach and school bus manufacturers1 companies operating motorcoaches and school buses1 and motorcoach and school bus industry associations1 in all phases of development of autonomous vehicle policy and proposed regulations4 #ac4 ,requirements for ,,fta 7a7 ,private sector exclusion summary ,section #ecbc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7i7 by adding at the end the following3 7#c7 ,incentives for competitively contracted service 7,a7 ,eligibility ,subject to subparagraph 7,c71 a recipient of assistance under this chapter that meets the targets under subparagraph 7,b7 for competitively contracted service shall be eligible1 at the request of the recipient1 for a ,federal share of #ij percent for the capital cost of buses and bus-related facilities and equipment purchased with financial assistance made available under this chapter4 7,b7 ,target ,to qualify for the competitively contracted service incentive program under this paragraph1 a public transit agency or governmental unit shall competitively contract for at least #bj percent of its fixed route bus service4 ,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 service4 7,c7 ,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 #c fiscal years preceding the date of enactment of this paragraph4 7,d7 ,definitions ,in this paragraph1 the following definitions apply3 7i7 ,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 contract4 7ii7 ,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 year1 on the week and day that maximum service is provided4 2 and 7#b7 by adding at the end the following3 7u7 ,private sector exclusion 7#a7 ,mandatory reports ,as a condition for receiving funds under this chapter1 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 funds4 7#b7 ,voluntary reports ,in addition to the reports required under paragraph 7#a71 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 7#a7 to report any displacement described in paragraph 7#a74 7#c7 ,reporting procedures ,the ,secretary shall establish procedures for receiving reports under paragraphs 7#a7 and 7#b74 7#d7 ,annual report to ,congress ,not later than #a year after the date of enactment of the ,,busregs#ba ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report that contains a list of the reports submitted in the prior year under paragraphs 7#a7 and 7#b71 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 report4 7v7 ,public meeting disclosure requirement 7#a7 ,in general ,as a condition for receiving funds made available under this chapter1 the ,secretary shall require a recipient of such funds to submit to the ,secretary notice of any public meeting scheduled by the recipient4 7#b7 ,publication ,the ,secretary shall publish any notice received under paragraph 7#a7 on an ,internet website4 7w7 ,private sector engagement 7#a7 ,expanded certification ,as a condition for receiving funds made available under this chapter1 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 funds4 7#b7 ,public availability of certifications ,the ,secretary shall ensure that certifications made under this subsection appear on a public ,internet website administered by the ,secretary4 4 7b7 ,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 update4 7c7 ,capital cost of contracting 7#a7 ,education program ,the ,secretary shall carry out a program to educate recipients of funds under chapter #ec of title #di1 ,united ,states ,code1 on the use of capital cost of contracting for partnering with private sector motor carriers of passengers and private sector school bus passenger carriers4 7#b7 ,state and regional sessions ,in carrying out the program1 the ,secretary shall conduct a series of ,state1 regional1 or ,state and regional sessions that will be open to the public and include participation by private sector motor carriers of passengers1 private sector school bus passenger carriers1 and recipients of funds under chapter #ec of title #di1 ,united ,states ,code4 7d7 ,private sector participation 7#a7 ,strategies to reduce or eliminate impediments to private sector participation in providing public transportation service 7,a7 ,study ,the ,secretary shall conduct a study on-- 7i7 private sector participation by private sector motor carriers of passengers and private school bus passenger carriers in providing public transportation service2 7ii7 impediments to such participation2 and 7iii7 strategies and recommendations to reduce or eliminate impediments on public transit agencies and other similar entities in providing public transportation service4 7,b7 ,report to ,congress 7i7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall transmit to ,congress a report containing the results of the study4 7ii7 ,contents ,the report under clause 7i7 shall include summaries and observations from various trade associations representing the private sector motor carriers of passengers industries1 if such summaries and observations are provided by trade associations4