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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1390 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1390

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 2011

 Mr. Shuster (for himself, Ms. Eddie Bernice Johnson of Texas, and Mr. 
   Holden) 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 amend title 49, United States Code, to provide for enhanced 
               motorcoach safety, and 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Bus Uniform 
Standards and Enhanced Safety Act of 2011'' or the ``BUSES Act of 
2011''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
                       TITLE I--MOTORCOACH SAFETY

Sec. 101. Improved oversight of providers of motorcoach services and 
                            other motor carriers of passengers.
Sec. 102. Motorcoach driver training.
Sec. 103. Review of requirements for commercial driver's license 
                            passenger endorsement.
Sec. 104. Improved physical fitness oversight and commercial driver 
                            medical certificates.
Sec. 105. Commercial motor vehicle safety inspection programs.
Sec. 106. Registration of motor carriers.
Sec. 107. Effective periods of registration.
Sec. 108. Duties of employers and employees.
Sec. 109. Required safety standards for motorcoaches.
TITLE II--CREDIT FOR COST OF MOTORCOACHES COMPLYING WITH FEDERAL SAFETY 
                              REQUIREMENTS

Sec. 201. Credit for costs of motorcoaches complying with Federal 
                            safety requirements.
                      TITLE III--OTHER PROVISIONS

Sec. 301. Department of Transportation grants.
Sec. 302. Small business administration loans and loan guarantees.
Sec. 303. Authorization of appropriations.

                       TITLE I--MOTORCOACH SAFETY

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:
    ``(h) Sustained Monitoring of Owners and Operators of Commercial 
Motor Vehicles Designed or Used To Transport Passengers.--
            ``(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.
            ``(2) Elements of monitoring and safety enforcement.--
        Regulations issued under paragraph (1) shall provide for the 
        following:
                    ``(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.
                    ``(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).
            ``(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.''.
    (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.

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.

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.
    (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.

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:
                    ``(D) develop requirements applicable to a medical 
                examiner seeking to be listed in the national registry 
                established under this section, including--
                            ``(i) as appropriate, specific courses and 
                        materials that must be completed;
                            ``(ii) a rigorous examination for which a 
                        passing grade must be achieved; and
                            ``(iii) at a minimum, self-certification 
                        requirements to verify that the medical 
                        examiner has completed specific training, 
                        including refresher courses;''.
    (b) 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 ``and'' at the 
                end;
                    (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 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.''.
            (2) Internal oversight policy.--
                    (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).
                    (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).
    (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.
    (d) Additional Function of Medical Review Board.--Section 
31149(a)(1) of title 49, United States Code, is amended to read as 
follows:
            ``(1) Establishment and function.--The Secretary shall 
        establish a Medical Review Board with the following functions:
                    ``(A) Providing the Federal Motor Carrier Safety 
                Administration with medical advice and recommendations 
                on medical standards and guidelines for--
                            ``(i) the physical qualifications of 
                        operators of commercial motor vehicles;
                            ``(ii) medical examiner education; and
                            ``(iii) medical research.
                    ``(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.''.

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.
    (b) Contents.--The study shall include--
            (1) an assessment of the risks associated with improperly 
        maintained or inspected commercial motor vehicles designed or 
        used to transport passengers;
            (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;
            (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; and
            (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.
    (c) Report.--
            (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.
            (2) Contents.--The report shall include--
                    (A) the findings and conclusions of the Secretary 
                with respect to the study;
                    (B) any recommendation of the Secretary for 
                improving the commercial motor vehicle safety 
                inspection standards; and
                    (C) any recommendations of the Secretary for 
                additional authority to improve commercial motor 
                vehicle safety inspections.

SEC. 106. REGISTRATION OF MOTOR CARRIERS.

    Section 13902(b) of title 49, United States Code, is amended--
            (1) by redesignating paragraphs (2) through (8) as 
        paragraphs (3) through (9), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(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.''.

SEC. 107. EFFECTIVE PERIODS OF REGISTRATION.

    Section 13905 of title 49, United States Code, is amended--
            (1) by striking subsection (d)(1) and inserting the 
        following:
            ``(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--
                    ``(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;
                    ``(B) suspend, amend, or revoke any part of the 
                registration of a motor carrier, broker, or freight 
                forwarder--
                            ``(i) for failure to pay a civil penalty 
                        imposed under chapter 5, 51, 149, or 311 of 
                        this title; or
                            ``(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; and
                    ``(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.
        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.''; and
            (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,''.

SEC. 108. DUTIES OF EMPLOYERS AND EMPLOYEES.

    Section 31135 of title 49, United States Code, is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(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.''.

SEC. 109. REQUIRED SAFETY STANDARDS FOR MOTORCOACHES.

    (a) Safety Standards for New Motorcoaches.--
            (1) Occupant protection systems.--
                    (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--
                            (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 size and 
                        weight limits and restrictions.
                    (B) Contents.--Such standards may include seatbelts 
                or other occupant protection systems, passive or 
                otherwise, for passengers, including those in child 
                safety restraint systems.
                    (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.
            (2) Roof strength.--
                    (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.
                    (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.
            (3) Window glazing.--
                    (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.
                    (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.
            (4) Fire prevention and mitigation.--
                    (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.
                    (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.
            (5) Emergency evacuation design.--
                    (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.
                    (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--
                            (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; and
                            (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.
            (6) General provisions.--
                    (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.
                    (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.
                    (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.
    (b) Safety Standards for Existing Motorcoaches.--
            (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.
            (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.
            (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).
            (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.
    (c) Compliance Timetables.--
            (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.
            (2) Phased in requirements.--
                    (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.
                    (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.
            (3) State and local laws.--
                    (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).
                    (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).
    (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.

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

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

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

``SEC. 45S. 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 109(b) of the 
        Bus Uniform Standards and 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 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 109(a) of the Bus Uniform Standards and 
                Enhanced Safety Act of 2009.
            ``(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 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.
            ``(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.
            ``(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:
    ``(i) 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 45S(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 (35), by 
        striking the period at the end of paragraph (36) and inserting 
        ``, plus'', and by adding at the end the following:
            ``(37) the qualified motorcoach safety credit determined 
        under section 45S(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 45S(d)(3).''.
            (3) Section 6501(m) of such Code is amended by inserting 
        ``45S(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 45R the following new item:

``Sec. 45S. 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, 2011.

                      TITLE III--OTHER PROVISIONS

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.
    (b) Eligibility.--To be eligible for a grant under subsection (a), 
a motorcoach owner or 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 owner or operator has been in business as 
                an over-the-road charter bus owner or operator for not 
                less than 3 consecutive years; and
                    (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.
    (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 by adding after paragraph (35) the following:
            ``(36) 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. 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.
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