[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4690 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4690

 To direct the National Highway Traffic Safety Administration to issue 
   motor vehicle safety standards for motorcoaches, and to amend the 
 Internal Revenue Code of 1986 to provide a tax credit for associated 
     expenses incurred by motorcoach operators complying with such 
                               standards.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 13, 2007

 Mr. Shuster introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
Ways and Means, Small Business, and Transportation and Infrastructure, 
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 concerned

_______________________________________________________________________

                                 A BILL


 
 To direct the National Highway Traffic Safety Administration to issue 
   motor vehicle safety standards for motorcoaches, and to amend the 
 Internal Revenue Code of 1986 to provide a tax credit for associated 
     expenses incurred by motorcoach operators complying with such 
                               standards.

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

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Bluffton 
University Safety Act of 2007''.
    (b) Findings.--Congress finds that--
            (1) on March 2, 2007, a charter bus accident in Atlanta, 
        Georgia, involving the baseball team from Ohio's Bluffton 
        University, resulted in 7 deaths and numerous serious injuries; 
        and
            (2) the Federal Motor Carrier Safety Administration reports 
        that there have been an average of 22.7 occupant-related 
        fatalities per year for the last 10 years.

SEC. 2. REQUIRED SAFETY STANDARDS FOR NEW MOTORCOACHES.

    (a) Requirement.--Section 30127 of title 49, United States Code, is 
amended, by adding at the end the following:
    ``(i) Safety Standards for New Motorcoaches.--
            ``(1) Standards for new motorcoaches.--(A)(i) Not later 
        than 30 months after the date of the submission of the study 
        required by paragraph (5), the Secretary of Transportation 
        shall prescribe Federal motor vehicle safety 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--
                            ``(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; and
                            ``(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 height and 
                        weight limits and restrictions.
        Such standards may include seatbelts or other occupant 
        protection systems, passive or otherwise, for passengers 
        including those in child safety restraint systems.
            ``(ii) Prior to promulgating such standards, the Secretary 
        shall consult with the entity responsible for the study to be 
        conducted pursuant to paragraph (5). Any communications 
        concerning such consultation shall be included in the public 
        record of the proceedings leading to the promulgation of the 
        standards required by this subparagraph and shall be subject to 
        public comment.
            ``(B) Not later than 3 years after the date of enactment of 
        this subsection, the Secretary of Transportation shall 
        prescribe Federal motor vehicle safety standards for roof 
        strength that provide adequate survival space for all seating 
        positions and that takes into account all motorcoach window 
        dimensions and highway height and weight restrictions and 
        limitations.
            ``(C) 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, and not later than 3 years after 
        the date of enactment of this subsection, shall revise window 
        glazing standards for newly manufactured motorcoaches based on 
        the results of such research and testing and that takes into 
        account all motorcoach window dimensions, highway height and 
        weight restrictions and limitations.
            ``(D) The Secretary of Transportation 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. Not later than 3 years after the date of 
        enactment of this subsection, the Secretary of Transportation 
        shall promulgate fire prevention and mitigation standards for 
        newly manufactured motorcoaches, based on the results of the 
        Secretary's research and testing, taking into account 
        motorcoach highway size and weight restrictions.
            ``(E) The Secretary of Transportation shall conduct 
        research and testing to determine any necessary changes in 
        motorcoach design standards, including windows and doors, to 
        improve motorcoach emergency evacuation. Not later than 3 years 
        after the date of enactment of this subsection, the Secretary 
        of Transportation shall promulgate motorcoach emergency 
        evacuation design standards, including 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 subsection (C), and 
        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.
            ``(F) Notwithstanding any other provision in this chapter, 
        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 prior to the effective date 
        of the regulations promulgated pursuant to this subsection. The 
        standards prescribed under subparagraphs (A) through (E) shall 
        require motorcoaches manufactured after the period that is 3 
        years after the date on which such standards are prescribed to 
        be engineered and equipped to meet such standards. 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 
        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.
            ``(2) Standards for existing motorcoaches.--(A) Not later 
        than 3 years after the date of the submission of the study 
        required by paragraph (5) the Secretary of Transportation shall 
        prescribe Federal Motor Vehicle Safety Standards for 
        motorcoaches that are manufactured before the date that is 3 
        years after the date on which the standards required under 
        paragraph (1) 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 subparagraphs (A) through (E) of 
        paragraph (1), but may differ from such standards based on what 
        is technically feasible for existing motorcoaches.
            ``(B) In lieu of promulgating comprehensive standards for 
        motorcoaches under subparagraph (A), the Secretary may develop 
        standards for various component parts and equipment of 
        motorcoaches that would increase occupant protection.
            ``(C) The effective date for the standards prescribed 
        pursuant to this paragraph shall be the same as the effective 
        date for the standards prescribed pursuant to paragraph (1).
            ``(D) The Secretary shall, by regulation, establish a 
        system whereby the motorcoaches to which the standards 
        prescribed under subparagraph (A) 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.
            ``(3) Compliance timetables.--(A) The effective date of the 
        standards prescribed under paragraphs (1) and (2) 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.
            ``(B) Not later than the date that is 6 years after the 
        effective date of the standards prescribed under paragraphs (1) 
        and (2), all motorcoach operators shall ensure that 50 percent 
        of the motorcoaches they operate comply with either the 
        standards prescribed under paragraph (1) or the standards 
        prescribed under paragraph (2)(A). Not later than the date that 
        is 12 years after the effective date of the standards 
        prescribed under paragraphs (1) and (2), all motorcoach 
        operators shall ensure that 100 percent of the motorcoaches 
        they operate comply with either of such standards.
            ``(C) Nothing in 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 operator under applicable law to 
        buses or motorcoaches unless such manufacturer or operator is 
        shown not to be in compliance with the timetables set forth in 
        subparagraphs (A) and (B). Notwithstanding any other provision 
        in this chapter, 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 paragraphs (1) and (2) during the 
        time periods set forth in subparagraphs (A) and (B).
            ``(4) Definition of a motorcoach.--As used in this 
        subsection, the term `motorcoach' means an over-the-road bus, 
        characterized by an elevated passenger deck located over a 
        baggage compartment.
            ``(5) Independent study.--(A) Not later than 90 days after 
        the date of enactment of this subsection, the Secretary shall 
        enter into an agreement with an appropriate non-governmental 
        scientific organization to carry out a study on the passenger 
        safety benefits of three-point passenger safety restraints and 
        compartmentalization in motorcoaches and whether the use of one 
        methodology in a motorcoach reduces or enhances the potential 
        passenger safety benefits of the other methodology. The study 
        shall specifically examine safety measure involving--
                    ``(i) frontal impact collisions;
                    ``(ii) side impact collisions;;
                    ``(iii) rear impact collisions;
                    ``(iv) rollovers or layovers;
                    ``(v) the relative frequency and severity of the 
                incidents in (i) through (iv) above; and
                    ``(vi) various uses and configurations of the 
                occupant compartment.
            ``(B) Not later than 6 months after entering into an 
        agreement under subparagraph (A), the entity conducting the 
        study shall submit to the Secretary and to Congress a report on 
        the results of the study and such preliminary recommendations 
        as the entity conducting the study considers appropriate as a 
        result of the study.
            ``(C) Not later than 6 months after the promulgation by the 
        Secretary of the final standards required by paragraph (1)(A) 
        above, the entity that conducted the study required by 
        subparagraph (A) shall submit a report to Congress assessing 
        the extent to which such final standards are likely to enhance 
        the safety of the occupants of motorcoaches.''.
    (b) Sense of Congress Regarding State Seat-Belt Use Laws.--Section 
30127(d) of title 49, United States Code, is amended by inserting 
``that include a requirement for use of seatbelts,'' after ``seatbelt 
use laws''.

SEC. 3. 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 45N 
the following new section:

``SEC. 450. 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--
            ``(1) qualified new motorcoaches, and
            ``(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 30217(i)(2) 
        of title 49, United States Code.
    ``(b) Limitation.--The credit determined under paragraph (1) with 
respect to any motorcoach shall not exceed $45,000.
    ``(c) Qualified New and Existing Motorcoaches.--For purposes of 
this section--
            ``(1) Qualified motorcoach.--The term `qualified new 
        motorcoach' means any motorcoach--
                    ``(A) the original use of which commences with the 
                taxpayer,
                    ``(B) which is acquired for use or lease by the 
                taxpayer and not for resale,
                    ``(C) which is property of a character subject to 
                an allowance for depreciation,
                    ``(D) which is made by a manufacturer,
                    ``(E) which is manufactured after the specified 
                effective date, and
                    ``(F) which meets the requirements prescribed under 
                section 30127(i)(1) of title 49,United States Code.
            ``(2) Existing motorcoach.--The term `existing motorcoach' 
        means any motorcoach--
                    ``(A) which is property of a character subject to 
                an allowance for depreciation, and
                    ``(B) which is manufactured on or before the 
                specified effective date.
    ``(d) Other Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Motorcoach.--The term `motorcoach' means any vehicle 
        to which the requirements prescribed under section 30127(i)(1) 
        of title 49, United States Code, apply, or would apply if such 
        vehicle were manufactured after the specified effective date.
            ``(2) Specified effective date.--The term `specified 
        effective date' means the effective date described in section 
        30127(i)((3)(A) of title 49, United States Code.
            ``(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.
            ``(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.
            ``(5) Property used outside united states, etc., not 
        qualified.--No credit shall be determined under subsection (a) 
        with respect to--
                    ``(A) the portion of the cost of any property taken 
                into account under section 179, or
                    ``(B) any property referred to in section 50(b).
            ``(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.
    ``(e) Termination.--No credit shall be determined under this 
subsection for any taxable year ending after December 31, 2026.''.
    (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:
    ``(f) 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 45O(a).''.
    (c) Conforming Amendments.--
            (1) Section 38(b) of the Internal Revenue Code of 1986 is 
        amended by striking ``plus'' at the end of paragraph (30), by 
        striking the period at the end of paragraph (31) and inserting 
        ``, plus'', and by adding at the end the following:
            ``(32) the qualified motorcoach safety credit determined 
        under section 45O(a).''.
            (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:
            ``(38) to the extent provided in section 30D(d)(3).''.
            (3) Section 6501(m) of such Code is amended by inserting 
        ``30D(d)(6),'' after ``30C(e)(5),''.
            (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 45N the following new item:

``Sec. 45O. Credit for costs of motorcoaches complying with Federal 
                            safety requirements.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years ending after December 31, 2007.

SEC. 4. DEPARTMENT OF TRANSPORTATION GRANTS.

    (a) In General.--The Secretary of Transportation shall develop and 
administer supplemental grants, not to exceed $20,000, for operators of 
motorcoaches in order to assist with the cost of retrofitting 
motorcoaches in order to comply with the Federal motor vehicle safety 
standards prescribed under section 30127(i) of title 49, United States 
Code, as added by section 2.
    (b) Eligibility.--To be eligible for a grant established under 
subsection (a), a motorcoach operator shall--
            (1) have a fleet of not more than 25 motorcoaches;
            (2) have total annual revenue of less than $5,000,000; and
            (3) demonstrate to the Secretary that--
                    (A) the operator has been in business as an over-
                the-road charter bus operator for not less than 3 
                consecutive years; and
                    (B) that the operator was unable to recover, 
                through allowed tax credits established under section 3 
                in a consecutive 2 year period, the full cost of 
                retrofitting motorcoaches in order to comply with the 
                applicable Federal motor vehicle safety standards.
    (c) Grant Requirements.--A grant under this section shall be 
subject to all of the terms and condition 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.

SEC. 5. SMALL BUSINESS ADMINISTRATION LOANS AND LOAN GUARANTEES.

    Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is 
amended by adding at the end the following:
            ``(32) Buses and motorcoaches.--In carrying out this 
        subsection with respect to the over-the-road charter bus 
        industry, the following shall apply:
                    ``(A) The Administrator shall adopt underwriting 
                criteria specific to that industry.
                    ``(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.
                    ``(C) Multiple buses or motorcoaches shall be 
                treated as a single source of collateral.
                    ``(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.
                    ``(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.''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary of 
Transportation such sums as may be necessary to carry out this Act.
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