HR 1135 IHCommentsClose CommentsPermalink

To amend title 49, United States Code, to provide for enhanced motorcoach safety, and for other purposes.CommentsClose CommentsPermalink

February 23, 2009CommentsClose CommentsPermalink

Mr. SHUSTER (for himself and Ms. EDDIE BERNICE JOHNSON of Texas) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Ways and Means, and Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To amend title 49, United States Code, to provide for enhanced motorcoach safety, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Bus Uniform Standards and Enhanced Safety Act of 2009’ or the ‘BUSES Act of 2009’.CommentsClose CommentsPermalink





(b) Table of Contents-CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--MOTORCOACH SAFETY

Sec. 101. Improved oversight of providers of motorcoach services and other motor carriers of passengers.CommentsClose CommentsPermalink





Sec. 102. Motorcoach driver training.CommentsClose CommentsPermalink





Sec. 103. Review of requirements for commercial driver’s license passenger endorsement.CommentsClose CommentsPermalink





Sec. 104. Improved physical fitness oversight and commercial driver medical certificates.CommentsClose CommentsPermalink





Sec. 105. Commercial motor vehicle safety inspection programs.CommentsClose CommentsPermalink





Sec. 106. Registration of motor carriers.CommentsClose CommentsPermalink





Sec. 107. Effective periods of registration.CommentsClose CommentsPermalink





Sec. 108. Duties of employers and employees.CommentsClose CommentsPermalink





Sec. 109. Required safety standards for motorcoaches.CommentsClose CommentsPermalink

TITLE II--CREDIT FOR COST OF MOTORCOACHES COMPLYING WITH FEDERAL SAFETY REQUIREMENTS

Sec. 201. Credit for costs of motorcoaches complying with Federal safety requirements.CommentsClose CommentsPermalink

TITLE III--OTHER PROVISIONS

Sec. 301. Department of Transportation grants.CommentsClose CommentsPermalink





Sec. 302. Small business administration loans and loan guarantees.CommentsClose CommentsPermalink





Sec. 303. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE I--MOTORCOACH SAFETYCommentsClose CommentsPermalink

SEC. 101. IMPROVED OVERSIGHT OF PROVIDERS OF MOTORCOACH SERVICES AND OTHER MOTOR CARRIERS OF PASSENGERS.

(a) In General- Section 31144 of title 49, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(h) Sustained Monitoring of Owners and Operators of Commercial Motor Vehicles Designed or Used To Transport Passengers-CommentsClose CommentsPermalink





‘(1) SAFETY MONITORING- Not later than 3 years after the date of enactment of this subsection, the Secretary shall require monitoring on a regular basis, through a comprehensive safety analysis, of the safety performance of each owner or operator of a commercial motor vehicle designed or used to transport passengers.CommentsClose CommentsPermalink





‘(2) ELEMENTS OF MONITORING AND SAFETY ENFORCEMENT- Regulations issued under paragraph (1) shall provide for the following:CommentsClose CommentsPermalink





‘(A) Monitoring of the safety performance of an owner or operator of a commercial motor vehicle designed or used to transport passengers in critical safety categories, as defined in the regulation. Monitoring activities shall include activities that can be conducted either on-site at the offices of the owner or operator or off-site.CommentsClose CommentsPermalink





‘(B) Progressive interventions designed to correct unsafe practices of an owner or operator of a commercial motor vehicle designed or used to transport passengers. In the event such practices are not corrected, the interventions shall result in an enforcement action and, if necessary, a final determination that the owner or operator is not fit and prohibited from operating as provided in subsection (c)(2).CommentsClose CommentsPermalink





‘(3) ENFORCEMENT STRIKE FORCES- In addition to the enhanced monitoring and enforcement actions required by paragraph (2), the Secretary may organize special enforcement strike forces targeting owners or operators of commercial motor vehicles designed or used to transport passengers, when and where the Secretary considers appropriate.’.CommentsClose CommentsPermalink





(b) Revision of Safety Fitness Determination Methodology- Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall revise the safety fitness determination methodology of the Department of Transportation established pursuant to section 31144 of title 49, United States Code, to ensure that such methodology meets the goals of Safety Recommendation H-99-6 of the National Transportation Safety Board, issued February 26, 1999.CommentsClose CommentsPermalink

SEC. 102. MOTORCOACH DRIVER TRAINING.

The Secretary of Transportation shall prescribe regulations establishing minimum training requirements for drivers seeking a commercial driver’s license passenger endorsement. The training shall include certification that a driver has met the requirements established by the Secretary. The training may be provided by an owner or operator of a commercial motor vehicle designed or used to transport passengers if the owner or operator has in effect a training program that meets or exceeds the minimum training requirements established by the Secretary.CommentsClose CommentsPermalink

SEC. 103. REVIEW OF REQUIREMENTS FOR COMMERCIAL DRIVER’S LICENSE PASSENGER ENDORSEMENT.

(a) In General- Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall review and assess the current knowledge and skill testing requirements for a commercial driver’s license passenger endorsement to determine if improvements are needed to ensure the safe operation of commercial motor vehicles designed or used to transport passengers.CommentsClose CommentsPermalink





(b) Report- Not later than 120 days after completion of the review and assessment under subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the review and assessment conducted under subsection (a), together with a description of plans to implement improvements.CommentsClose CommentsPermalink

SEC. 104. IMPROVED PHYSICAL FITNESS OVERSIGHT AND COMMERCIAL DRIVER MEDICAL CERTIFICATES.

(a) Examination Requirement for National Registry of Medical Examiners- Section 31149(c)(1)(D) of title 49, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(D) develop requirements applicable to a medical examiner seeking to be listed in the national registry established under this section, including--CommentsClose CommentsPermalink





‘(i) as appropriate, specific courses and materials that must be completed;CommentsClose CommentsPermalink





‘(ii) a rigorous examination for which a passing grade must be achieved; andCommentsClose CommentsPermalink





‘(iii) at a minimum, self-certification requirements to verify that the medical examiner has completed specific training, including refresher courses;’.CommentsClose CommentsPermalink





(b) Additional Oversight of Licensing Authorities-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 31149(c)(1) of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(A) in subparagraph (E) by striking ‘and’ at the end;CommentsClose CommentsPermalink





(B) in subparagraph (F) by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(G) each year, review the implementation of commercial driver’s license requirements of a minimum of 10 States to assess the accuracy and validity of physical examination reports and medical certificates submitted by certified medical examiners.’.CommentsClose CommentsPermalink





(2) INTERNAL OVERSIGHT POLICY-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall establish an oversight policy and process within the Department of Transportation for the purposes of carrying out the requirement of section 31149(c)(1)(G) of title 49, United States Code, as added by paragraph (1).CommentsClose CommentsPermalink





(B) EFFECTIVE DATE- The requirement of section 31149(c)(1)(G) of such title, as added by paragraph (1), shall take effect on the date that the oversight policies and processes are established pursuant to subparagraph (A).CommentsClose CommentsPermalink





(c) Deadline for Establishment of National Registry of Medical Examiners- Not later than 2 years after the date of enactment of this Act, the Secretary shall establish the national registry of medical examiners required by section 31149(d)(1) of such title.CommentsClose CommentsPermalink





(d) Additional Function of Medical Review Board- Section 31149(a)(1) of title 49, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT AND FUNCTION- The Secretary shall establish a Medical Review Board with the following functions:CommentsClose CommentsPermalink





‘(A) Providing the Federal Motor Carrier Safety Administration with medical advice and recommendations on medical standards and guidelines for--CommentsClose CommentsPermalink





‘(i) the physical qualifications of operators of commercial motor vehicles;CommentsClose CommentsPermalink





‘(ii) medical examiner education; andCommentsClose CommentsPermalink





‘(iii) medical research.CommentsClose CommentsPermalink





‘(B) Providing the Secretary with advice and recommendations concerning the criteria to be used for evaluating medical examiners for admission to the national registry established under this section.’.CommentsClose CommentsPermalink

SEC. 105. COMMERCIAL MOTOR VEHICLE SAFETY INSPECTION PROGRAMS.

(a) Study- The Secretary of Transportation shall conduct a study to review the regulations prescribed pursuant to section 31142(b) of title 49, United States Code, relating to commercial motor vehicle safety inspections.CommentsClose CommentsPermalink





(b) Contents- The study shall include--CommentsClose CommentsPermalink





(1) an assessment of the risks associated with improperly maintained or inspected commercial motor vehicles designed or used to transport passengers;CommentsClose CommentsPermalink





(2) an assessment of the effectiveness of the Government standards for inspection of commercial motor vehicles designed or used to transport passengers to mitigate the risks identified in paragraph (1) and to ensure the safe and proper operating condition of commercial motor vehicles subject to section 31142 of title 49, United States Code;CommentsClose CommentsPermalink





(3) an assessment of the effectiveness of at least 2 alternatives to the current standards prescribed pursuant to section 31142 of title 49, United States Code; andCommentsClose CommentsPermalink





(4) a comparison of the costs and benefits of the alternatives and the current standards prescribed pursuant to section 31142 of title 49, United States Code.CommentsClose CommentsPermalink





(c) Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.CommentsClose CommentsPermalink





(2) CONTENTS- The report shall include--CommentsClose CommentsPermalink





(A) the findings and conclusions of the Secretary with respect to the study;CommentsClose CommentsPermalink





(B) any recommendation of the Secretary for improving the commercial motor vehicle safety inspection standards; andCommentsClose CommentsPermalink





(C) any recommendations of the Secretary for additional authority to improve commercial motor vehicle safety inspections.CommentsClose CommentsPermalink

SEC. 106. REGISTRATION OF MOTOR CARRIERS.

Section 13902(b) of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; andCommentsClose CommentsPermalink





(2) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





‘(2) REVIEW OF PASSENGER CARRIER APPLICATIONS- The Secretary shall not register a motor carrier of passengers under subsection (a)(1) until the application for registration filed under that subsection is reviewed to ensure that the applicant is willing and able to comply with the requirements of that subsection. This review process shall include a determination of whether the applicant is or has been related, through common ownership, common management, or common familial relationship to any other motor carrier of passengers within 3 years of the filing of the application for registration. If following this review it is determined that the applicant has failed to disclose such relationships with other such carriers, the Secretary may withhold the registration.’.CommentsClose CommentsPermalink

SEC. 107. EFFECTIVE PERIODS OF REGISTRATION.

Section 13905 of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking subsection (d)(1) and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL- On application of the registrant, the Secretary may amend or revoke a registration. On complaint or on the Secretary’s own initiative and after notice and an opportunity for a proceeding, the Secretary may--CommentsClose CommentsPermalink





‘(A) suspend, amend, or revoke any part of the registration of a motor carrier, broker, or freight forwarder for willful failure to comply with this part, an applicable regulation or order of the Secretary or of the Board (including the accessibility requirements established by the Secretary under subpart H of part 37 of title 49, Code of Federal Regulations, or such successor regulations to those accessibility requirements as the Secretary may issue, for transportation provided by an over-the-road bus), or a condition of its registration;CommentsClose CommentsPermalink





‘(B) suspend, amend, or revoke any part of the registration of a motor carrier, broker, or freight forwarder--CommentsClose CommentsPermalink





‘(i) for failure to pay a civil penalty imposed under chapter 5, 51, 149, or 311 of this title; orCommentsClose CommentsPermalink





‘(ii) for failure to arrange and abide by an acceptable payment plan for such civil penalty, within 90 days of the time specified by order of the Secretary for the payment of such penalty; andCommentsClose CommentsPermalink





‘(C) deny, suspend, amend, or revoke any part of a registration of a motor carrier of passengers for failure to disclose in its application for registration a material fact relevant to its willingness and ability to comply with this part, an applicable regulation or order of the Secretary or of the Board, or a condition of its registration.CommentsClose CommentsPermalink





Subparagraph (B) shall not apply to any person who is unable to pay a civil penalty because such person is a debtor in a case under chapter 11 of title 11.’; andCommentsClose CommentsPermalink





(2) in subsection (e) by inserting ‘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),’ after ‘registrant,’.CommentsClose CommentsPermalink

SEC. 108. DUTIES OF EMPLOYERS AND EMPLOYEES.

Section 31135 of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink





(2) by inserting after subsection (c) the following:CommentsClose CommentsPermalink





‘(d) Motor Carriers of Passengers- If the Secretary finds that common ownership, common management, or common familial relationship between 2 or more motor carriers of passengers is being used to enable any or all such motor carriers of passengers to avoid compliance, or mask or otherwise conceal noncompliance, with regulations on commercial motor vehicle safety prescribed under this subchapter, or an order of the Secretary issued under authority of such regulations, the Secretary may deny, suspend, amend, or revoke all or part of any such motor carrier’s registration under section 13905.’.CommentsClose CommentsPermalink

SEC. 109. REQUIRED SAFETY STANDARDS FOR MOTORCOACHES.

(a) Safety Standards for New Motorcoaches-CommentsClose CommentsPermalink





(1) OCCUPANT PROTECTION SYSTEMS-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall prescribe standards for motorcoach occupant protection systems that account for frontal impact collisions, side impact collisions, rear impact collisions, and rollovers. Such standards shall not eliminate or lessen the occupant protection standards currently in effect and shall--CommentsClose CommentsPermalink





(i) be based on sound scientific research, extensive testing, and analysis by the National Highway Traffic Safety Administration, consistent with the recommendations of the National Transportation Safety Board regarding motorcoach occupant protection; andCommentsClose CommentsPermalink





(ii) take into consideration the various types of motorcoaches and the various uses and configurations of the occupant compartment as well as local, State, and Federal size and weight limits and restrictions.CommentsClose CommentsPermalink





(B) CONTENTS- Such standards may include seatbelts or other occupant protection systems, passive or otherwise, for passengers, including those in child safety restraint systems.CommentsClose CommentsPermalink





(C) CONSULTATION- Prior to promulgating such standards, the Secretary shall consult with affected parties, as appropriate, on the proceedings leading to the promulgation of the standards required by this subparagraph. Any communications concerning such consultation shall be included in the public record of the proceedings leading to the promulgation of such standards and shall be subject to public comment.CommentsClose CommentsPermalink





(2) ROOF STRENGTH-CommentsClose CommentsPermalink





(A) RESEARCH AND TESTING- The Secretary shall conduct research and testing on roof strength to determine the method or methods that provide adequate survival space for all seating positions.CommentsClose CommentsPermalink





(B) STANDARDS- Not later than 3 years after the date of enactment of this Act, the Secretary shall prescribe roof strength standards for motorcoaches based on the results of such research and testing and taking into account all motorcoach window dimensions and highway size and weight restrictions.CommentsClose CommentsPermalink





(3) WINDOW GLAZING-CommentsClose CommentsPermalink





(A) RESEARCH AND TESTING- The Secretary shall conduct research and testing on advanced window glazing and securement to determine the best method or methods for window glazing to prevent motorcoach occupant protection ejection.CommentsClose CommentsPermalink





(B) STANDARDS- Not later than 3 years after the date of enactment of this Act, the Secretary shall revise window glazing standards for motorcoaches based on the results of such research and testing and taking into account all motorcoach window dimensions and highway height and weight restrictions.CommentsClose CommentsPermalink





(4) FIRE PREVENTION AND MITIGATION-CommentsClose CommentsPermalink





(A) RESEARCH AND TESTING- The Secretary shall conduct research and testing to determine the most prevalent causes of motorcoach fires and the best methods to prevent such fires and to mitigate the effect of such fires, both inside and outside the motorcoach.CommentsClose CommentsPermalink





(B) STANDARDS- Not later than 3 years after the date of enactment of this Act, the Secretary shall promulgate fire prevention and mitigation standards for motorcoaches, based on the results of the Secretary’s research and testing, taking into account motorcoach highway size and weight restrictions.CommentsClose CommentsPermalink





(5) EMERGENCY EVACUATION DESIGN-CommentsClose CommentsPermalink





(A) RESEARCH AND TESTING- The Secretary shall conduct research and testing to determine any necessary changes in motorcoach design standards, including windows and doors, to improve motorcoach emergency evacuation.CommentsClose CommentsPermalink





(B) STANDARDS- Not later than 3 years after the date of enactment of this Act, the Secretary shall promulgate motorcoach emergency evacuation design standards, including--CommentsClose CommentsPermalink





(i) window standards that enhance the use of windows for emergency evacuation to the maximum extent feasible, while not detracting from the window glazing standards to be promulgated under this subsection; andCommentsClose CommentsPermalink





(ii) door standards, including design of the wheelchair lift door for emergency evacuation use. Such standards shall take into account motorcoach highway size and weight restrictions.CommentsClose CommentsPermalink





(6) GENERAL PROVISIONS-CommentsClose CommentsPermalink





(A) EFFECT ON STATE AND LOCAL LAWS- Notwithstanding any provision of chapter 301 of title 49, United States Code, a State or a political subdivision of a State may not adopt or enforce a law or regulation related to a motorcoach crash avoidance and occupant protection system prior to the effective date of the regulations promulgated pursuant to this subsection.CommentsClose CommentsPermalink





(B) APPLICABILITY OF STANDARDS- The standards prescribed under paragraphs (1) through (5) shall require motorcoaches manufactured after the last day of 3-year period beginning on the date on which such standards are prescribed to be engineered and equipped to meet such standards.CommentsClose CommentsPermalink





(C) LIMITATION ON STATUTORY CONSTRUCTION- Nothing in this subsection or in the regulations prescribed pursuant to this subsection shall be construed as indicating an intention by Congress to affect, change, or modify in any way the liability, if any, of a motorcoach manufacturer or motorcoach owner or operator under applicable law to buses or motorcoaches, manufactured and operated with or without passenger seat belts or other passenger restraint systems, prior to the effective date of the regulations promulgated pursuant to this subsection.CommentsClose CommentsPermalink





(b) Safety Standards for Existing Motorcoaches-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 3 years after the date of enactment of this subsection, the Secretary shall prescribe standards for motorcoaches that are manufactured before the date that is 3 years after the date on which the standards required under subsection (a) are prescribed, taking into account the limitations posed by the need to retrofit existing motorcoaches. Such standards shall have the same objectives as the standards required under paragraphs (1) through (5) of subsection (a), but may differ from such standards based on what is technically feasible for existing motorcoaches.CommentsClose CommentsPermalink





(2) STANDARDS FOR COMPONENT PARTS AND EQUIPMENT- In lieu of promulgating comprehensive standards for motorcoaches under paragraph (1), the Secretary may develop standards for various component parts and equipment of motorcoaches that would increase occupant protection.CommentsClose CommentsPermalink





(3) EFFECTIVE DATE- The effective date for the standards prescribed pursuant to this subsection shall be the same as the effective date for the standards prescribed pursuant to subsection (a).CommentsClose CommentsPermalink





(4) CERTIFICATION- The Secretary shall establish, by regulation, a system whereby the motorcoaches to which the standards prescribed under paragraph (1) apply shall be certified as in compliance with such standards. Such certification shall be carried out by the Secretary or by private parties at the discretion and authorization of the Secretary.CommentsClose CommentsPermalink





(c) Compliance Timetables-CommentsClose CommentsPermalink





(1) EFFECTIVE DATE- The effective date of the standards prescribed under subsections (a) and (b) shall be 3 years after the date on which such final standards are promulgated. All motorcoaches manufactured after such date shall comply with such standards.CommentsClose CommentsPermalink





(2) PHASED IN REQUIREMENTS-CommentsClose CommentsPermalink





(A) FIRST PHASE- Not later than 6 years after the effective date of the standards prescribed under subsections (a) and (b), a motorcoach owner or operator shall ensure that at least 50 percent of the motorcoaches used by the owner or operator comply with either the standards prescribed under subsection (a) or the standards prescribed under subsection (b), as appropriate.CommentsClose CommentsPermalink





(B) SECOND PHASE- Not later than 12 years after the effective date of the standards prescribed under subsections (a) and (b), a motorcoach owner or operator shall ensure that 100 percent of the motorcoaches used by the owner or operator comply with either of such standards.CommentsClose CommentsPermalink





(3) STATE AND LOCAL LAWS-CommentsClose CommentsPermalink





(A) LIABILITY OF MOTORCOACH MANUFACTURERS AND OWNERS AND OPERATORS- Nothing in this section shall be construed to affect, change, or modify in any way the liability, if any, of a motorcoach manufacturer or motorcoach owner or operator under applicable law to buses or motorcoaches unless such manufacturer or owner or operator is shown not to be in compliance with the timetables set forth in paragraphs (1) and (2).CommentsClose CommentsPermalink





(B) PREEMPTION- Notwithstanding any provision of chapter 301 of title 49, United States Code, a State or a political subdivision of a State may not adopt or enforce a law or regulation related to any of the standards required by subsections (a) and (b) during the time periods set forth in paragraphs (1) and (2).CommentsClose CommentsPermalink





(d) Definition of Motorcoach- In this section, the term ‘motorcoach’ means an over-the-road bus, characterized by an elevated passenger deck located over a baggage compartment.CommentsClose CommentsPermalink

TITLE II--CREDIT FOR COST OF MOTORCOACHES COMPLYING WITH FEDERAL SAFETY REQUIREMENTSCommentsClose CommentsPermalink

SEC. 201. CREDIT FOR COSTS OF MOTORCOACHES COMPLYING WITH FEDERAL SAFETY REQUIREMENTS.

(a) In General- Subpart D of part IV of subchapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 45Q the following new section:CommentsClose CommentsPermalink

‘SEC. 45R. CREDIT FOR COSTS OF MOTORCOACHES COMPLYING WITH FEDERAL SAFETY REQUIREMENTS.

‘(a) In General- For purposes of section 38, the qualified motorcoach safety credit determined under this subsection for any taxable year is an amount equal to 10 percent of the aggregate amount paid or incurred by the taxpayer during the taxable year for--CommentsClose CommentsPermalink





‘(1) qualified new motorcoaches, andCommentsClose CommentsPermalink





‘(2) such improvements to any existing motorcoach which is used by the taxpayer as are necessary for such motorcoach to satisfy the requirements prescribed under section 109(b) of the Bus Uniform Standards and Enhanced Safety Act of 2009.CommentsClose CommentsPermalink





‘(b) Limitation- The credit determined under subsection (a) with respect to any motorcoach shall not exceed $45,000.CommentsClose CommentsPermalink





‘(c) Qualified New and Existing Motorcoaches- For purposes of this section--CommentsClose CommentsPermalink





‘(1) QUALIFIED MOTORCOACH- The term ‘qualified new motorcoach’ means any motorcoach--CommentsClose CommentsPermalink





‘(A) the original use of which commences with the taxpayer,CommentsClose CommentsPermalink





‘(B) which is acquired for use or lease by the taxpayer and not for resale,CommentsClose CommentsPermalink





‘(C) which is property of a character subject to an allowance for depreciation,CommentsClose CommentsPermalink





‘(D) which is made by a manufacturer,CommentsClose CommentsPermalink





‘(E) which is manufactured after the specified effective date, andCommentsClose CommentsPermalink





‘(F) which meets the requirements prescribed under section 109(a) of the Bus Uniform Standards and Enhanced Safety Act of 2009.CommentsClose CommentsPermalink





‘(2) EXISTING MOTORCOACH- The term ‘existing motorcoach’ means any motorcoach--CommentsClose CommentsPermalink





‘(A) which is property of a character subject to an allowance for depreciation, andCommentsClose CommentsPermalink





‘(B) which is manufactured on or before the specified effective date.CommentsClose CommentsPermalink





‘(d) Other Definitions and Special Rules- For purposes of this section--CommentsClose CommentsPermalink





‘(1) MOTORCOACH- The term ‘motorcoach’ means any vehicle to which the requirements prescribed under section 109(a) of the Bus Uniform Standards and Enhanced Safety Act of 2009, apply, or would apply if such vehicle were manufactured after the specified effective date.CommentsClose CommentsPermalink





‘(2) SPECIFIED EFFECTIVE DATE- The term ‘specified effective date’ means the effective date described in section 109(c)(1) of the Bus Uniform Standards and Enhanced Safety Act of 2009.CommentsClose CommentsPermalink





‘(3) BASIS REDUCTION- The basis of any property for which a credit is determined under subsection (a) shall be reduced by the amount of the credit so determined.CommentsClose CommentsPermalink





‘(4) RECAPTURE- The Secretary shall, by regulations, provide for recapturing the benefit of any credit determined under subsection (a) with respect to any property which ceases to be property eligible for such credit.CommentsClose CommentsPermalink





‘(5) PROPERTY USED OUTSIDE UNITED STATES, ETC., NOT QUALIFIED- No credit shall be determined under subsection (a) with respect to--CommentsClose CommentsPermalink





‘(A) the portion of the cost of any property taken into account under section 179, orCommentsClose CommentsPermalink





‘(B) any property referred to in section 50(b).CommentsClose CommentsPermalink





‘(6) ELECTION NOT TO TAKE CREDIT- No credit shall be determined under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle.CommentsClose CommentsPermalink





‘(e) Termination- No credit shall be determined under this subsection for any taxable year ending after December 31, 2026.’.CommentsClose CommentsPermalink





(b) Denial of Double Benefit- Section 280C of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(g) Credit for Costs of Motorcoaches Complying With Federal Safety Requirements- No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for the taxable year under section 45R(a).’.CommentsClose CommentsPermalink





(c) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ‘plus’ at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ‘, plus’, and by adding at the end the following:CommentsClose CommentsPermalink





‘(36) the qualified motorcoach safety credit determined under section 45R(a).’.CommentsClose CommentsPermalink





(2) Section 1016(a) of such Code is amended by striking ‘and’ at the end of paragraph (37), by striking the period at the end of paragraph (38) and inserting ‘, and’, and by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(38) to the extent provided in section 45R(d)(3).’.CommentsClose CommentsPermalink





(3) Section 6501(m) of such Code is amended by inserting ‘45R(d)(6),’ after ‘45H(g),’.CommentsClose CommentsPermalink





(4) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45Q the following new item:CommentsClose CommentsPermalink





‘Sec. 45R. Credit for costs of motorcoaches complying with Federal safety requirements.’.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall apply to taxable years ending after December 31, 2009.CommentsClose CommentsPermalink

TITLE III--OTHER PROVISIONSCommentsClose CommentsPermalink

SEC. 301. DEPARTMENT OF TRANSPORTATION GRANTS.

(a) In General- The Secretary of Transportation shall develop and administer grants, not to exceed $20,000 per vehicle, for owners and operators of motorcoaches in order to assist with the cost of retrofitting motorcoaches for purposes of complying with the standards prescribed under section 109.CommentsClose CommentsPermalink





(b) Eligibility- To be eligible for a grant under subsection (a), a motorcoach owner or operator shall--CommentsClose CommentsPermalink





(1) have a fleet of not more than 25 motorcoaches;CommentsClose CommentsPermalink





(2) have total annual revenue of less than $5,000,000; andCommentsClose CommentsPermalink





(3) demonstrate to the Secretary that--CommentsClose CommentsPermalink





(A) the owner or operator has been in business as an over-the-road charter bus owner or operator for not less than 3 consecutive years; andCommentsClose CommentsPermalink





(B) the owner or operator was unable to recover, through allowed tax credits established by section 45R of the Internal Revenue Code of 1986, as added by section 201 of this Act, in a consecutive 2-year period, the full cost of retrofitting motorcoaches in order to comply with the applicable standards.CommentsClose CommentsPermalink





(c) Grant Requirements- A grant under this section shall be subject to all of the terms and conditions applicable to subrecipients who provide intercity bus transportation under section 5311(f) of title 49, United States Code, and such other terms and conditions as the Secretary may prescribe.CommentsClose CommentsPermalink

SEC. 302. SMALL BUSINESS ADMINISTRATION LOANS AND LOAN GUARANTEES.

Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended--CommentsClose CommentsPermalink





(1) by redesignating the second paragraph (32), relating to the increased veteran participation program, as paragraph (33); andCommentsClose CommentsPermalink





(2) by adding after paragraph (33) (as so redesignated) the following:CommentsClose CommentsPermalink





‘(34) BUSES AND MOTORCOACHES- In carrying out this subsection with respect to the over-the-road charter bus industry, the following shall apply:CommentsClose CommentsPermalink





‘(A) The Administrator shall adopt underwriting criteria specific to that industry.CommentsClose CommentsPermalink





‘(B) The Administrator shall make available the assistance under this subsection to members of that industry to facilitate retrofitting of buses and motorcoaches for occupant protection.CommentsClose CommentsPermalink





‘(C) Multiple buses or motorcoaches shall be treated as a single source of collateral.CommentsClose CommentsPermalink





‘(D) A member of that industry who owns a single bus or motorcoach shall be treated as eligible for such assistance, without regard to whether the member otherwise meets the applicable size standard for eligibility.CommentsClose CommentsPermalink





‘(E) The Administrator shall provide any applicant who is a member of that industry with counseling and advice regarding the other assistance programs of the Administration that may be available to members of that industry.’.CommentsClose CommentsPermalink

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out the authorities of the Secretary under this Act, including the amendments made by this Act.CommentsClose CommentsPermalink