S.Amdt. 1751

SA 1751. Mr. SCHUMER submitted an amendment intended to be proposed
to amendment SA 1730 proposed by Mr. Reid to the bill S. 1813, to
reauthorize Federal-aid highway and highway safety construction
programs, and for other purposes; which was ordered to lie on the
table; as follows:

On page 586, line 10, strike ``Section'' and insert the
following:
(a) Safety Reviews.--Section
On page 586, line 20, insert ``through a simple and
understandable rating system that allows motorcoach
passengers to compare the safety performance of motorcoach
operators'' before the semicolon.
On page 587, line 25, strike ``shall reassess'' and insert
the following ``shall--
``(A) reassess
On page 588, line 2, strike the period at the end and
insert the following: ``; and
``(B) annually assess the safety fitness of certain
providers of motorcoach services that serve primarily urban
areas with high passenger loads.
On page 588, between lines 7 and 8, insert the following:
(b) Disclosure of Safety Performance Ratings of Motorcoach
Services and Operations.--
(1) In general.--Subchapter I of chapter 141 of title 49,
United States Code, is amended by adding at the end the
following:

``Sec.  14105. Safety performance ratings of motorcoach
services and operations

``(a) Definitions.--In this section:
``(1) Motorcoach.--
``(A) In general.--Except as provided in subparagraph (B),
the term `motorcoach' has the meaning given to the term
`over-the-road bus' in section 3038(a)(3) of the
Transportation Equity Act for the 21st Century (49 U.S.C.
5310 note).
``(B) Exclusions.--The term `motorcoach' does not include--
``(i) a bus used in public transportation that is provided
by a State or local government; or
``(ii) a school bus (as defined in section 30125(a)(1)),
including a multifunction school activity bus.
``(2) Motorcoach services and operations.--The term
`motorcoach services and operations' means passenger
transportation by a motorcoach for compensation.
``(3) Point of sale.--The term `point of sale' means any
website, telephonic transaction, or ticket window through
which the sale of transportation occurs or where broker
service is provided.
``(b) Display of Motor Carrier Identification.--
``(1) Requirement.--Beginning on the date that is 1 year
after the date of the enactment of the Moving Ahead for
Progress in the 21st Century Act, no person may sell or offer
to sell interstate motorcoach transportation services, or
provide broker services related to such transportation,
unless the person, at the point of sale or provision of
broker services, conspicuously displays or, in the case of
telephonic transactions, verbally provides--
``(A) the legal name and USDOT number of the single motor
carrier responsible for the transportation and for compliance
with the Federal Motor Carrier Safety Regulations under parts
350 through 399 of title 49, Code of Federal Regulations; and
``(B) the URL for the Federal Motor Carrier Safety
Administration's public website where the Administration has
posted motor carrier and commercial motor vehicle driver
scores in the Safety Measurement System.
``(2) Civil penalties.--A person who violates paragraph (1)
shall be liable for civil penalties to the same extent as a
person who does not prepare a record in the form and manner
prescribed under section 14901(a).
``(c) Rulemaking.--
``(1) In general.--Not later than 2 years after the date on
which the safety fitness determination rule is implemented,
the Secretary shall require, by regulation--
``(A) each motor carrier that owns or leases 1 or more
motorcoaches that transport passengers subject to the
Secretary's jurisdiction under section 13501 to prominently
display the safety fitness rating assigned under section
31144(j)(1)(A)(ii)--
``(i) in each terminal of departure;
``(ii) in the motorcoach and visible from a position
exterior to the vehicle at the point of departure, if the
motorcoach does not depart from a terminal; and
``(iii) at all points of sale for such motorcoach services
and operations; and
``(B) any person who sells tickets for motorcoach services
and operations to display the rating system described in
subparagraph (A) at all points of sale for such motorcoach
services and operations.
``(2) Items included in the rulemaking.--In promulgating
safety performance ratings for motorcoaches pursuant to the
rulemaking required under paragraph (1), the Secretary shall
consider--
``(A) the need and extent to which safety performance
ratings should be made available in languages other than
English; and
``(B) penalties authorized under section 521.
``(3) Insufficient inspections.--Any motor carrier for
which insufficient safety data is available shall display a
label that states that the carrier has sufficiently passed
the preauthorization safety audit required under section
13902(b)(1)(A).
``(d) Effect on State and Local Law.--Nothing in this
section may be construed to preempt a State, or a political
subdivision of a State, from enforcing any requirements
concerning the manner and content of consumer information
provided by motor carriers that are not subject to the
Secretary's jurisdiction under section 13501.''.
(2) Clerical amendment.--The analysis of chapter 141 of
title 49, United States Code, is amended by inserting after
the item relating to section 14104 the following:

``Sec. 14105. Safety performance ratings of motorcoach services and
operations.''.

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