[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1396 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1396

To improve the safety of motorcoaches, to allow a credit against income 
    tax for the cost of motorcoaches complying with Federal safety 
                   requirements, for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2009

   Mr. Lewis of Georgia (for himself and Mr. Filner) 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 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To improve the safety of motorcoaches, to allow a credit against income 
    tax for the cost of motorcoaches complying with Federal safety 
                   requirements, 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.

    (a) Short Title.--This Act may be cited as the ``Motorcoach 
Enhanced Safety Act of 2009''.

                       TITLE I--MOTORCOACH SAFETY

SEC. 101. DEFINITIONS.

    In this title:
            (1) Advanced glazing.--The term ``advanced glazing'' means 
        glazing installed in a portal on the side or the roof of a 
        motorcoach that is designed to be highly resistant to partial 
        or complete occupant ejection in all types of motor vehicle 
        crashes.
            (2) Bus.--The term ``bus'' has the meaning given such term 
        in section 571.3(b) of title 49, Code of Federal Regulations 
        (as in effect on the day before the date of the enactment of 
        this Act).
            (3) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given such term in section 31132(1) 
        of title 49, United States Code.
            (4) Direct tire pressure monitoring system.--The term 
        ``direct tire pressure monitoring system'' means a tire 
        pressure monitoring system, as that term is defined in section 
        571.138 of title 49, Code of Federal Regulations, that is 
        capable of directly detecting when the air pressure level in 
        any tire is significantly under-inflated and of immediately 
        providing the driver a low tire pressure warning as to which 
        specific tire is significantly under-inflated.
            (5) Electronic on-board recorder.--The term ``electronic 
        on-board recorder'' means an electronic device that acquires 
        and stores data showing the record of duty status of the 
        vehicle operator and performs the functions required of an 
        automatic on-board recording device in section 395.15(b) of 
        title 49, Code of Federal Regulations.
            (6) Event data recorder.--The term ``event data recorder'' 
        has the meaning given that term in section 563.5 of title 49, 
        Code of Federal Regulations.
            (7) Manufacturer.--The term ``manufacturer'' has the 
        meaning given such term in section 30102(a) of title 49, United 
        States Code.
            (8) Motor carrier.--The term ``motor carrier'' has the 
        meaning given such term in section 13102(14) of title 49, 
        United States Code.
            (9) Motorcoach.--The term ``motorcoach'' has the meaning 
        given the term ``over-the-road bus'' in section 3038(a)(3) of 
        the Transportation Equity Act for the 21st Century (Public Law 
        105-178; 49 U.S.C. 5310 note), but does not include the 
        following:
                    (A) Buses used in public transportation provided by 
                a State or local government.
                    (B) School buses, including multifunction school 
                activity buses.
            (10) Motorcoach manufacturer.--The term ``motorcoach 
        manufacturer'' means a manufacturer that manufactures, 
        assembles, or imports motorcoaches for resale in the United 
        States.
            (11) Motorcoach services.--The term ``motorcoach services'' 
        means passenger transportation by motorcoach for compensation.
            (12) Multifunction school activity buses.--The term 
        ``multifunction school activity buses'' has the meaning given 
        such term in section 571.3(b) of title 49, Code of Federal 
        Regulations (as in effect on the day before the date of the 
        enactment of this Act).
            (13) Portal.--The term ``portal'' means any opening on the 
        front, sides, rear, or roof of a motorcoach that could, in the 
        event of a crash involving the motorcoach, permit the partial 
        or complete ejection of any occupant from the motorcoach, 
        including a young child.
            (14) Provider of motorcoach services.--The term ``provider 
        of motorcoach services'' means a motor carrier that provides 
        passenger transportation services with a motorcoach for 
        compensation, including per-trip compensation and contracted or 
        chartered compensation.
            (15) Public transportation.--The term ``public 
        transportation'' has the meaning given such term in section 
        5302(a)(10) of title 49, United States Code.
            (16) Safety belt.--The term ``safety belt'' has the meaning 
        given such term in section 153(i)(4)(B) of title 23, United 
        States Code.
            (17) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 102. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION AND MOTORCOACH 
              CRASH AVOIDANCE.

    (a) Regulations Required 1 Year After the Date of the Enactment of 
This Act.--Not later than 1 year after the date of the enactment of 
this Act, the Secretary shall prescribe regulations as follows:
            (1) Safety belts.--The Secretary shall require safety belts 
        be installed in motorcoaches at each designated seating 
        position.
            (2) Anti-ejection safety countermeasures.--The Secretary 
        shall require motorcoaches have advanced glazing installed in 
        each motorcoach portal to prevent partial or complete ejection 
        of passengers of motorcoaches, including such passengers that 
        are children.
            (3) Firefighting equipment.--The Secretary shall require 
        installation in motorcoaches of improved firefighting equipment 
        for the purpose of effectively suppressing fires in 
        motorcoaches to prevent passenger deaths and injuries.
    (b) Regulations Required 2 Years After the Date of the Enactment of 
This Act.--Not later than 2 years after the date of the enactment of 
this Act, the Secretary shall prescribe regulations as follows:
            (1) Compartmentalization safety countermeasures.--The 
        Secretary shall require enhanced compartmentalization safety 
        countermeasures for motorcoaches, including enhanced seating 
        designs, to reduce substantially the risk of passengers being 
        thrown from their seats and colliding with other passengers, 
        interior surfaces, or components in the event of a crash 
        involving a motorcoach.
            (2) Interior impact protection.--The Secretary shall 
        establish enhanced occupant impact protection standards for 
        motorcoach interiors to reduce substantially serious injuries 
        for all passengers of motorcoaches.
            (3) Reduced rollover crashes.--The Secretary shall require 
        motorcoaches be equipped with stability enhancing technologies, 
        such as electronic stability control, roll stability control, 
        and torque vectoring, to reduce substantially the number and 
        frequency of rollover crashes among motorcoaches.
            (4) Roof strength and crush resistance.--The Secretary 
        shall establish improved roof standards for motorcoaches that 
        substantially improve the resistance of motorcoach roofs to 
        deformation and intrusion to prevent serious occupant injury in 
        rollover crashes involving motorcoaches.
            (5) Enhanced conspicuity.--The Secretary shall require 
        enhanced conspicuity of motorcoaches to enable other motor 
        vehicle operators, cyclists, and pedestrians to better detect 
        motorcoaches in order to reduce the risk of collisions 
        involving motorcoaches.
            (6) Smoke suppression.--The Secretary shall amend Federal 
        motor vehicle safety standard number 302 (49 C.F.R. 571.302; 
        relating to flammability of interior materials) to require 
        realistic tests to improve the resistance of motorcoach 
        interiors and components to burning, prevent inhalation by 
        passengers of toxic smoke and vapors, and permit sufficient 
        time for the safe evacuation of passengers from motorcoaches.
            (7) Resistance to fuel system fires.--The Secretary shall 
        amend Federal motor vehicle safety standard number 301 (49 
        C.F.R. 571.301; relating to fuel system integrity) to require 
        that motorcoaches have improved fuel systems in order to 
        suppress fuel-fed fires and substantially reduce occupant 
        deaths and injuries from fuel fires.
            (8) Passenger evacuation.--The Secretary shall require 
        motorcoaches be equipped with the following:
                    (A) Improved emergency evacuation designs.--
                Improved emergency exit window, door, and roof hatch 
                designs to expedite access and use by passengers of 
                motorcoaches to ensure rapid evacuation from a 
                motorcoach under all emergency circumstances, including 
                crashes and fires.
                    (B) Emergency interior lighting.--Emergency 
                interior lighting systems, including luminescent or 
                retro-reflectorized delineation of evacuation paths and 
                exits, that are triggered by a crash or other emergency 
                incidents to accomplish more rapid and effective 
                evacuation of passengers.
    (c) Regulations Required 3 Years After the Date of the Enactment of 
This Act.--Not later than 3 years after the date of the enactment of 
this Act, the Secretary shall prescribe regulations as follows:
            (1) Adaptive cruise control.--Require motorcoaches be 
        equipped with adaptive cruise control for maintaining safe 
        trailing distances when underway and a collision warning system 
        that provides sufficient advance notice to the operator of a 
        motorcoach of any imminent impact.
            (2) Automatic fire suppression.--Require motorcoaches be 
        equipped with highly effective fire suppression systems that 
        automatically respond to and suppress all fires in such 
        motorcoaches.
    (d) Application of Regulations.--
            (1) Prospective application.--Except as provided in 
        paragraph (2), a regulation prescribed in accordance with 
        subsection (a), (b), or (c) shall apply to all motorcoaches 
        that are manufactured on or after the effective date of such 
        regulation.
            (2) Retrofit safety requirements for existing 
        motorcoaches.--
                    (A) In general.--(i) Except as provided in 
                subparagraph (B), a regulation prescribed in accordance 
                with subsection (a)(1) shall apply to all motorcoaches 
                used for motorcoach services on or after the effective 
                date of such regulation.
                    (ii) Except as provided in subparagraph (B), a 
                regulation prescribed in accordance with subsection 
                (a)(3) shall apply to all motorcoaches used for 
                motorcoach services on or after the effective date of 
                such regulation.
                    (iii) Except as provided in subparagraph (B), a 
                regulation prescribed in accordance with subsection 
                (b)(5) shall apply to all motorcoaches used for 
                motorcoach services on or after the effective date of 
                such regulation.
                    (B) Exception.--In the case of a motorcoach that 
                was used for motorcoach services before the effective 
                date of a regulation described in subparagraph (A), 
                such regulation shall not apply to such motorcoach 
                until--
                            (i) 2 years after the effective date of 
                        such regulation; or
                            (ii) if the Secretary determines that the 
                        application date described in clause (i) would 
                        cause undue hardship, 5 years after the 
                        effective date of such regulation.

SEC. 103. STUDY AND REPORT ON IMPROVED BUS CRASH WORTHINESS AND CRASH 
              AVOIDANCE.

    (a) Study.--The Secretary shall complete a study of the following, 
with respect to buses that are more than 10,000 pounds gross vehicle 
weigh rating (GVWR):
            (1) Bus safety design improvements and countermeasures for 
        improving bus crash worthiness to achieve substantial 
        improvements in occupant protection in all types of crashes, 
        including the following:
                    (A) Active and passive restraint systems.
                    (B) Enhanced passenger compartmentalization.
                    (C) Upper and lower interior occupant impact 
                protection.
                    (D) Improved resistance to roof failures leading to 
                deformation and intrusion that result in occupant 
                injury.
                    (E) Improved resistance to occupant partial and 
                complete ejection.
                    (F) Improved crash compatibility with other types 
                and weights of motor vehicles in order to reduce both 
                the number and severity of crashes and the number and 
                severity of occupant injuries both in buses and in the 
                other vehicles.
            (2) Crash avoidance improvements to reduce the number and 
        severity of bus crashes, including the following:
                    (A) Collision warning systems.
                    (B) Improved braking capabilities.
                    (C) Enhanced bus conspicuity.
                    (D) Increased resistance to loss-of-control 
                crashes.
                    (E) Improved resistance to rollover crashes.
            (3) Bus fire protection and passenger evacuation 
        improvements, including the following:
                    (A) Effective emergency exit design.
                    (B) Effective emergency evacuation of passengers.
                    (C) Effective manual and automated fire suppression 
                systems.
                    (D) Increased vehicle resistance to fire 
                propagation, including both exterior and interior 
                resistance to burning.
                    (E) Suppression of toxic smoke and vapors in bus 
                fires.
                    (F) Resistance to bus fuel system fires.
                    (G) Training of bus operators in the use of 
                firefighting equipment and the safe evacuation of 
                passengers.
            (4) Such other occupant protection safety countermeasures 
        as the Secretary considers appropriate.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a report setting forth the 
findings of the Secretary with respect to the study required by 
subsection (a) and recommendations for legislative and regulatory 
changes.

SEC. 104. IMPROVED OVERSIGHT OF PROVIDERS OF MOTORCOACH SERVICES AND OF 
              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:
    ``(h) Periodic Safety Reviews of Providers of Motorcoach 
Services.--
            ``(1) Safety review.--Not later than 3 years after the date 
        of the enactment of this subsection, the Secretary shall 
        require, by regulation, each provider of motorcoach services 
        registered with the Federal Motor Carrier Safety Administration 
        on or after the date of the enactment of this subsection to 
        undergo a periodic safety review.
            ``(2) Elements of review.--In the regulations prescribed 
        pursuant to paragraph (1), the Secretary shall establish the 
        elements of the periodic safety review, including basic safety 
        management controls.
            ``(3) Safety fitness ratings.--As part of the safety review 
        required by this subsection, the Secretary shall assign a 
        safety fitness rating to each provider of motorcoach services 
        and shall reassess such rating not less frequently than every 3 
        years.
            ``(4) Motorcoach services defined.--In this subsection, the 
        term `provider of motorcoach services' has the meaning provided 
        such term in section 101 of the Motorcoach Enhanced Safety Act 
        of 2009.''
    (b) Revision of Safety Audit System.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall revise the 
safety fitness audit system of the Department of Transportation 
established pursuant to section 31144 of title 49, United States Code, 
to conform with safety recommendation H-99-6 of the National 
Transportation Safety Board issued February 26, 1999.

SEC. 105. MOTORCOACH DRIVER TRAINING.

    (a) Establishment of Training Curriculum.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, the Secretary shall establish, by 
        regulation, a training curriculum for drivers of motorcoaches 
        to be adopted by public and private schools and motor carriers 
        that provide training for drivers of motorcoaches.
            (2) Curriculum requirements.--The training curriculum 
        required by paragraph (1) shall include the following:
                    (A) Classroom and behind-the-wheel instruction that 
                is adequate for all new drivers of motorcoaches to 
                operate safely motorcoaches and respond effectively to 
                emergency situations.
                    (B) Instruction in advanced knowledge and skills 
                that are necessary to operate motorcoaches safely, 
                including the knowledge and skills necessary--
                            (i) to suppress motorcoach fires; and
                            (ii) to evacuate passengers from 
                        motorcoaches safely.
    (b) Training Required.--
            (1) In general.--The Secretary shall require each 
        motorcoach driver seeking a commercial driver's license (CDL) 
        passenger endorsement to undergo a training program that 
        includes the training curriculum established pursuant to 
        subsection (a) before taking a test for a commercial driver's 
        license passenger endorsement.
            (2) Certificate of completion required.--The Secretary 
        shall require that each driver seeking to take the test for the 
        commercial driver's license passenger endorsement shall present 
        a certificate to a State licensing authority certifying that 
        the driver has--
                    (A) successfully completed a motorcoach driver 
                training course that includes the curriculum 
                established in accordance with subsection (a); and
                    (B) received a passing grade for an examination at 
                the culmination of such training course.
    (c) Report on Feasibility of Establishing a System of Certification 
of Training Programs.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives a 
report on the feasibility of establishing a system of certification of 
public and private schools and of motor carriers that provide 
motorcoach driver training in accordance with the curriculum 
established by the Secretary pursuant to subsection (a).

SEC. 106. IMPROVED COMMERCIAL DRIVER'S LICENSE TESTING.

    (a) Increased Stringency of Examination for Commercial Driver's 
License Passenger-Carrying Endorsement.--
            (1) In general.--The Secretary shall prescribe standards 
        that improve the quality and stringency of the examination for 
        the commercial driver's license passenger-carrying endorsement. 
        Such standards shall require--
                    (A) a more stringent knowledge test than the test 
                in effect on the day before the date of the enactment 
                of this Act; and
                    (B) a more stringent examination of the driving 
                skills necessary to operate safely a for-hire 
                passenger-carrying commercial motor vehicle than the 
                examination of such skills in effect on the day before 
                the date of the enactment of this Act.
            (2) Cooperation.--In prescribing the standards required by 
        paragraph (1), the Secretary shall cooperate with the American 
        Association of Motor Vehicle Administrators.
    (b) Modification of Requirements for Commercial Driver's License 
Passenger-Carrying Endorsement.--The Secretary shall establish by 
regulation a requirement that a driver shall have a commercial driver's 
license passenger-carrying endorsement in order to operate a commercial 
motor vehicle and transport not less than 9 and not more than 15 
passengers (including a driver) in interstate commerce for 
compensation.

SEC. 107. IMPROVED PHYSICAL FITNESS OVERSIGHT AND COMMERCIAL DRIVER 
              MEDICAL CERTIFICATES.

    (a) Require Passage of Rigorous Examination To Be Listed in 
National Registry of Medical Examiners.--Section 31149(c)(1)(D) of 
title 49, United States Code, is amended to read as follows:
                    ``(D) develop, as appropriate, specific courses and 
                materials for medical examiners who wish to be listed 
                in the national registry established under this section 
                and develop a rigorous examination for which a passing 
                grade must be achieved to be listed in such national 
                registry;''.
    (b) Integration of Federal Medical Qualification Certificate and 
Commercial Driver's License.--Not later than 2 years after the date of 
the enactment of this Act, the Secretary shall prescribe the 
regulations to prevent the submission and use of invalid or fraudulent 
medical certificates.
    (c) Medical Examination Form Comparisons.--Not later than 2 years 
after the date of the enactment of this Act, the Secretary shall 
require by regulation that--
            (1) each time a medical examiner performs a medical 
        examination to certify an applicant for a commercial driver's 
        license under section 391.43 of title 49, Code of Federal 
        Regulations, such medical examiner shall submit to the 
        appropriate State licensing agency the form for such 
        examination required by section 391.43(f) of such title (as in 
        effect on the day before the date of the enactment of this 
        Act); and
            (2) as a condition of approval of a State plan under 
        section 31102(d) of title 49, United States Code (as added by 
        section 109(b)), State licensing authorities compare the forms 
        they receive pursuant to paragraph (1) with the medical 
        examiner's certificate required by section 391.43(g) of title 
        49, Code of Federal Regulations (as in effect on the day before 
        the date of the enactment of this Act) to determine the 
        accuracy and validity of the information contained in such 
        forms and certificates.
    (d) Additional Oversight of Licensing Authorities.--
            (1) In general.--Section 31149(c)(1) of title 49, United 
        States Code, is amended--
                    (A) in subparagraph (E), by striking ``basis; and'' 
                and inserting ``basis;'';
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(G) each year, review the licensing authorities 
                of 10 States to assess the accuracy and validity of 
                physical examination reports and medical certificates 
                submitted by certified medical examiners to such State 
                licensing agencies.''.
            (2) Internal oversight policy.--
                    (A) In general.--Not later than 2 years after the 
                date of the enactment of this Act, the Secretary shall 
                establish an oversight policy and process within the 
                Department of Transportation for purposes of carrying 
                out the requirement of subparagraph (G) of such section 
                31149(c)(1), as added by paragraph (1).
                    (B) Effective date.--The requirement of 
                subparagraph (G) of section 31149(c)(1) of title 49, 
                United States Code, shall take effect on the date that 
                the oversight policies and processes are established 
                pursuant to subparagraph (A).
    (e) Deadline for Establishment of National Registry of Medical 
Examiners.--Not later than 1 year after the date of the enactment of 
this Act, the Secretary shall establish a national registry of medical 
examiners as required by section 31149(d)(1) of title 49, United States 
Code.

SEC. 108. SAFETY, ENFORCEMENT, AND RESEARCH TECHNOLOGY FOR COMMERCIAL 
              MOTOR VEHICLES.

    (a) Electronic On-Board Recorders.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall prescribe 
        regulations requiring that all commercial motor vehicles used 
        by a motor carrier in interstate commerce be equipped with 
        electronic on-board recorders. Such regulations shall include 
        performance requirements to ensure that electronic on-board 
        recorders--
                    (A) are linked with vehicle engine and transmission 
                functions and electronic control modules;
                    (B) accurately record commercial driver hours of 
                service;
                    (C) provide real-time tracking of driver and 
                vehicle location; and
                    (D) are tamper-proof.
            (2) Applicability.--The regulations prescribed under 
        paragraph (1) shall apply to all commercial motor vehicles used 
        by motor carriers in interstate commerce beginning on the date 
        that is 3 years after the date of the enactment of this Act.
    (b) Event Data Recorders.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall prescribe 
        performance requirements for event data recorders, including 
        requirements regarding specific types of vehicle operations, 
        events and incidents, and vehicle systems information to be 
        recorded, for event data recorders to be used on commercial 
        motor vehicles. For this purpose, the Secretary shall consider 
        the performance requirements for event data recorders for 
        passenger vehicles in part 563 of title 49, Code of Federal 
        Regulation, as a baseline specification but shall require 
        additional information or other performance requirements as 
        appropriate for commercial motor vehicles.
            (2) Applicability.--The regulations prescribed under 
        paragraph (1) shall apply to all commercial motor vehicles used 
        by motor carriers in interstate commerce beginning on the date 
        that is 5 years after the date of the enactment of this Act.''
    (c) Combined Technology.--Except as otherwise required by the 
Secretary, the requirements of subsections (a) and (b) may be combined 
in a single technology.
    (d) Commercial Motor Vehicle Tires.--
            (1) Commercial motor vehicle tire pressure monitoring 
        systems.--Not later than 2 years after the date of enactment of 
        this Act, the Secretary shall issue regulations that require 
        commercial motor vehicles to be equipped with direct tire 
        pressure monitoring systems that warn the operator of a 
        commercial motor vehicle when any tire exhibits a level of air 
        pressure that is below a specified level of air pressure 
        established by the Secretary. Such regulations shall include 
        performance requirements to ensure that direct tire pressure 
        monitoring systems are capable of performing--
                    (A) at all times when the ignition locking system 
                is in the ``on'' position;
                    (B) at all vehicle speeds;
                    (C) on all road surfaces;
                    (D) during all weather conditions;
                    (E) after a repair or other service is performed on 
                a tire; and
                    (F) on spare tires.
            (2) Commercial motor vehicle retreaded tires.--Not Later 
        than 3 years after the enactment of this Act, the Secretary 
        shall establish a performance standard for retreaded, regrooved 
        or otherwise remanufactured commercial motor vehicle tires that 
        ensures that such tires achieve a level of safety performance 
        that is at least equivalent to the safety performance of new 
        commercial motor vehicle tires.

SEC. 109. COMMERCIAL MOTOR VEHICLE SAFETY INSPECTION PROGRAMS.

    (a) In General.--Section 31142 of title 49, United States Code, is 
amended by striking subsections (a) and (b) and inserting the 
following:
    ``(a) Annual Safety Inspection Program.--
            ``(1) Program required.--In order to receive a grant 
        pursuant to section 31102 of this title, a State shall conduct 
        an annual safety inspection program for commercial motor 
        vehicles, including motor carriers transporting not less than 9 
        and not more than 15 passengers (including a driver), that 
        receives approval from the Secretary pursuant to paragraph (3).
            ``(2) Inspection of safety equipment.--A commercial motor 
        vehicle inspected under a program established pursuant to 
        paragraph (1) is required to pass an inspection, conducted by 
        the State in which the vehicle is registered, of all safety 
        equipment required under the regulations prescribed under 
        section 31136 of this title.
            ``(3) Periodic review of state safety inspection 
        programs.--Not less frequently than once every 3 years, the 
        Secretary shall review and approve or disapprove each State's 
        safety inspection program established pursuant to paragraph 
        (1).
    ``(b) Regulations for Inspection of Vehicles and Record 
Retention.--
            ``(1) In general.--The Secretary shall prescribe 
        regulations on Government standards for--
                    ``(A) inspection of commercial motor vehicles under 
                programs established pursuant to subsection (a); and
                    ``(B) retention by employers of records of such an 
                inspection.
            ``(2) Authority.--Regulations prescribed under this 
        subsection are treated as regulations prescribed under section 
        31136 of this title.''.
    (b) Condition on State Grants.--Section 31102(d) of such title is 
amended to read as follows:
    ``(d) Continuous Evaluation of Plans.--
            ``(1) In general.--On the basis of reports submitted by a 
        State motor vehicle safety agency of a State with a plan 
        approved under this section and the Secretary's own 
        investigations, the Secretary shall make a continuing 
        evaluation of the way the State is carrying out the plan. If 
        the Secretary finds, after notice and opportunity for comment, 
        the State plan previously approved is not being followed or has 
        become inadequate to ensure enforcement of the regulations, 
        standards, or orders, the Secretary shall withdraw approval of 
        the plan and notify the State.
            ``(2) Approval of annual commercial motor vehicle 
        inspection programs.--If, under paragraph (3) of section 
        31142(a) of this title, the Secretary disapproves of an annual 
        safety inspection program of a State established pursuant to 
        paragraph (1) of such section 31142(a), the Secretary shall 
        withdraw approval of the plan of such State and notify the 
        State.
            ``(3) Effective date of plan disapproval.--A State plan 
        stops being effective under this subsection when notice is 
        received by the State under this subsection.
            ``(4) Judicial review.--A State adversely affected by a 
        withdrawal of approval under this subsection may seek judicial 
        review under chapter 7 of title 5, United States Code.
            ``(5) Retention of jurisdiction.--Notwithstanding a 
        withdrawal of approval under this subsection, the State may 
        retain jurisdiction in administrative or judicial proceedings 
        begun before the withdrawal if the issues involved are not 
        related directly to the reasons for the withdrawal.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of the enactment of this Act.

SEC. 110. REGULATIONS.

    Any standard or regulation prescribed or modified pursuant to this 
title shall be done in accordance with section 553 of title 5, United 
States Code.

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

SEC. 201. CREDIT FOR COST 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 (relating to business-related credits) is 
amended by inserting after section 45Q the following new section:

``SEC. 45R. CREDIT FOR COST 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 in-service motorcoach which 
        is used by the taxpayer as are necessary for such motorcoach to 
        satisfy the requirements prescribed under section 102 of the 
        Motorcoach Enhanced Safety Act of 2009.
    ``(b) Limitation.--The credit determined under subsection (a) with 
respect to any motorcoach shall not exceed $45,000.
    ``(c) Qualified New and In-Service Motorcoaches.--For purposes of 
this section--
            ``(1) Qualified new 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 102 of the Motorcoach Enhanced Safety Act of 
                2009.
            ``(2) In-service motorcoach.--The term `in-service 
        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 102 of the 
        Motorcoach Enhanced Safety Act of 2009 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 of the regulation 
        prescribed under section 102(a)(1) of the Motorcoach Enhanced 
        Safety Act of 2009.
            ``(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 regulation, 
        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:
    ``(g) Credit for Cost 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).''.
    (c) Conforming Amendments.--
            (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:
            ``(36) the qualified motorcoach safety credit determined 
        under section 45R(a).''.
            (2) Section 1016(a) of such Code is amended by striking 
        ``and'' at the end of paragraph (36), by striking the period at 
        the end of paragraph (37) and inserting ``, and'', and by 
        adding at the end the following new paragraph:
            ``(38) to the extent provided in section 45R(d)(3).''.
            (3) Section 6501(m) of such Code is amended by inserting 
        ``45Q(d)(6),'' after ``45H(g),''.
            (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 45P the following new item:

``Sec. 45R. Credit for cost 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, 2008.

                      TITLE III--OTHER PROVISIONS

SEC. 301. 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 102 of the Motorcoach Enhanced 
Safety Act of 2009.
    (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 motorcoach operator for not less than 3 
                consecutive years; and
                    (B) that the operator was unable to recover, 
                through allowed tax credits established under section 
                201 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 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.

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--
            (1) by redesignating the second paragraph (32), as added by 
        section 208 of the Military Reservist and Veteran Small 
        Business Reauthorization and Opportunity Act of 2008 (Public 
        Law 110-186), as paragraph (33); and
            (2) by adding at the end the following:
            ``(34) Motorcoaches.--
                    ``(A) In general.--The Administration may make 
                loans under this subsection to a small business concern 
                that is a motorcoach manufacturer and to a small 
                business concern that is a provider of motorcoach 
                services, including to facilitate retrofitting of 
                motorcoaches for occupant protection.
                    ``(B) Counseling with respect to available 
                assistance.--The Administrator shall provide a small 
                business concern described in subparagraph (A) that is 
                applying for a loan under this subsection with 
                counseling and advice with respect to other assistance 
                programs of the Administration that may be available to 
                such concern.
                    ``(C) Definitions.--In this paragraph, the terms 
                `motorcoach', `motorcoach manufacturer', and `provider 
                of motorcoach services' have the meanings given those 
                terms in section 101 of the Motorcoach Enhanced Safety 
                Act of 2009.''.
                                 <all>