I 

111TH CONGRESS 

1ST SESSION H. R. 1135 

To amend title 49, United States Code, to provide for enhanced motorcoach 

safety, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 23, 2009 

Mr. SHUSTER (for himself and Ms. EDDIE BERNICE JOHNSON of Texas) introduced the following bill; which was referred to the Committee on 

Transportation and Infrastructure, and in addition to the Committees on 

Energy and Commerce, Ways and Means, and Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 49, United States Code, to provide for 

enhanced motorcoach safety, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Bus Uniform Standards and Enhanced Safety Act of 

6 2009’’ or the ‘‘BUSES Act of 2009’’. 

7 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 


rwilkins on PROD1PC63 with BILLS
2 

•HR 1135 IH

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. 

1 TITLE I—MOTORCOACH SAFETY 

2 SEC. 101. IMPROVED OVERSIGHT OF PROVIDERS OF MO3 TORCOACH SERVICES AND OTHER MOTOR 

4 CARRIERS OF PASSENGERS. 

5 (a) IN GENERAL.—Section 31144 of title 49, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘(h) SUSTAINED MONITORING OF OWNERS AND OP9 ERATORS OF COMMERCIAL MOTOR VEHICLES DESIGNED

10 OR USED TO TRANSPORT PASSENGERS.— 

11 ‘‘(1) SAFETY MONITORING.—Not later than 3 

12 years after the date of enactment of this subsection, 

13 the Secretary shall require monitoring on a regular 

14 basis, through a comprehensive safety analysis, of 


rwilkins on PROD1PC63 with BILLS
3 

•HR 1135 IH

1 the safety performance of each owner or operator of 

2 a commercial motor vehicle designed or used to 

3 transport passengers. 

4 ‘‘(2) ELEMENTS OF MONITORING AND SAFETY

5 ENFORCEMENT.—Regulations issued under para6 graph (1) shall provide for the following: 

7 ‘‘(A) Monitoring of the safety performance 

8 of an owner or operator of a commercial motor 

9 vehicle designed or used to transport passengers 

10 in critical safety categories, as defined in the 

11 regulation. Monitoring activities shall include 

12 activities that can be conducted either on-site at 

13 the offices of the owner or operator or off-site. 

14 ‘‘(B) Progressive interventions designed to 

15 correct unsafe practices of an owner or operator 

16 of a commercial motor vehicle designed or used 

17 to transport passengers. In the event such prac18 tices are not corrected, the interventions shall 

19 result in an enforcement action and, if nec20 essary, a final determination that the owner or 

21 operator is not fit and prohibited from oper22 ating as provided in subsection (c)(2). 

23 ‘‘(3) ENFORCEMENT STRIKE FORCES.—In addi24 tion to the enhanced monitoring and enforcement ac25 tions required by paragraph (2), the Secretary may 


rwilkins on PROD1PC63 with BILLS
4 

•HR 1135 IH

1 organize special enforcement strike forces targeting 

2 owners or operators of commercial motor vehicles de3 signed or used to transport passengers, when and 

4 where the Secretary considers appropriate.’’. 

5 (b) REVISION OF SAFETY FITNESS DETERMINATION

6 METHODOLOGY.—Not later than 2 years after the date 

7 of enactment of this Act, the Secretary of Transportation 

8 shall revise the safety fitness determination methodology 

9 of the Department of Transportation established pursuant 

10 to section 31144 of title 49, United States Code, to ensure 

11 that such methodology meets the goals of Safety Rec12 ommendation H–99–6 of the National Transportation 

13 Safety Board, issued February 26, 1999. 

14 SEC. 102. MOTORCOACH DRIVER TRAINING. 

15 The Secretary of Transportation shall prescribe regu16 lations establishing minimum training requirements for 

17 drivers seeking a commercial driver’s license passenger en18 dorsement. The training shall include certification that a 

19 driver has met the requirements established by the Sec20 retary. The training may be provided by an owner or oper21 ator of a commercial motor vehicle designed or used to 

22 transport passengers if the owner or operator has in effect 

23 a training program that meets or exceeds the minimum 

24 training requirements established by the Secretary. 


rwilkins on PROD1PC63 with BILLS
5 

•HR 1135 IH

1 SEC. 103. REVIEW OF REQUIREMENTS FOR COMMERCIAL 

2 DRIVER’S LICENSE PASSENGER ENDORSE3 MENT. 

4 (a) IN GENERAL.—Not later than 3 years after the 

5 date of enactment of this Act, the Secretary of Transpor6 tation shall review and assess the current knowledge and 

7 skill testing requirements for a commercial driver’s license 

8 passenger endorsement to determine if improvements are 

9 needed to ensure the safe operation of commercial motor 

10 vehicles designed or used to transport passengers. 

11 (b) REPORT.—Not later than 120 days after comple12 tion of the review and assessment under subsection (a), 

13 the Secretary shall submit to the Committee on Transpor14 tation and Infrastructure of the House of Representatives 

15 and the Committee on Commerce, Science, and Transpor16 tation of the Senate a report on the review and assessment 

17 conducted under subsection (a), together with a descrip18 tion of plans to implement improvements. 

19 SEC. 104. IMPROVED PHYSICAL FITNESS OVERSIGHT AND 

20 COMMERCIAL DRIVER MEDICAL CERTIFI21 CATES. 

22 (a) EXAMINATION REQUIREMENT FOR NATIONAL

23 REGISTRY OF MEDICAL EXAMINERS.—Section 

24 31149(c)(1)(D) of title 49, United States Code, is amend25 ed to read as follows: 


rwilkins on PROD1PC63 with BILLS
6 

•HR 1135 IH

1 ‘‘(D) develop requirements applicable to a 

2 medical examiner seeking to be listed in the na3 tional registry established under this section, in4 cluding— 

5 ‘‘(i) as appropriate, specific courses 

6 and materials that must be completed; 

7 ‘‘(ii) a rigorous examination for which 

8 a passing grade must be achieved; and 

9 ‘‘(iii) at a minimum, self-certification 

10 requirements to verify that the medical ex11 aminer has completed specific training, in12 cluding refresher courses;’’. 

13 (b) ADDITIONAL OVERSIGHT OF LICENSING AU14 THORITIES.— 

15 (1) IN GENERAL.—Section 31149(c)(1) of title 

16 49, United States Code, is amended— 

17 (A) in subparagraph (E) by striking ‘‘and’’ 

18 at the end; 

19 (B) in subparagraph (F) by striking the 

20 period at the end and inserting ‘‘; and’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(G) each year, review the implementation 

23 of commercial driver’s license requirements of a 

24 minimum of 10 States to assess the accuracy 

25 and validity of physical examination reports and 


rwilkins on PROD1PC63 with BILLS
7 

•HR 1135 IH

1 medical certificates submitted by certified med2 ical examiners.’’. 

3 (2) INTERNAL OVERSIGHT POLICY.— 

4 (A) IN GENERAL.—Not later than 2 years 

5 after the date of enactment of this Act, the Sec6 retary of Transportation shall establish an over7 sight policy and process within the Department 

8 of Transportation for the purposes of carrying 

9 out the requirement of section 31149(c)(1)(G) 

10 of title 49, United States Code, as added by 

11 paragraph (1). 

12 (B) EFFECTIVE DATE.—The requirement 

13 of section 31149(c)(1)(G) of such title, as 

14 added by paragraph (1), shall take effect on the 

15 date that the oversight policies and processes 

16 are established pursuant to subparagraph (A). 

17 (c) DEADLINE FOR ESTABLISHMENT OF NATIONAL

18 REGISTRY OF MEDICAL EXAMINERS.—Not later than 2 

19 years after the date of enactment of this Act, the Sec20 retary shall establish the national registry of medical ex21 aminers required by section 31149(d)(1) of such title. 

22 (d) ADDITIONAL FUNCTION OF MEDICAL REVIEW

23 BOARD.—Section 31149(a)(1) of title 49, United States 

24 Code, is amended to read as follows: 


rwilkins on PROD1PC63 with BILLS
8 

•HR 1135 IH

1 ‘‘(1) ESTABLISHMENT AND FUNCTION.—The 

2 Secretary shall establish a Medical Review Board 

3 with the following functions: 

4 ‘‘(A) Providing the Federal Motor Carrier 

5 Safety Administration with medical advice and 

6 recommendations on medical standards and 

7 guidelines for— 

8 ‘‘(i) the physical qualifications of op9 erators of commercial motor vehicles; 

10 ‘‘(ii) medical examiner education; and 

11 ‘‘(iii) medical research. 

12 ‘‘(B) Providing the Secretary with advice 

13 and recommendations concerning the criteria to 

14 be used for evaluating medical examiners for 

15 admission to the national registry established 

16 under this section.’’. 

17 SEC. 105. COMMERCIAL MOTOR VEHICLE SAFETY INSPEC18 TION PROGRAMS. 

19 (a) STUDY.—The Secretary of Transportation shall 

20 conduct a study to review the regulations prescribed pur21 suant to section 31142(b) of title 49, United States Code, 

22 relating to commercial motor vehicle safety inspections. 

23 (b) CONTENTS.—The study shall include— 

24 (1) an assessment of the risks associated with 

25 improperly maintained or inspected commercial 


rwilkins on PROD1PC63 with BILLS
9 

•HR 1135 IH

1 motor vehicles designed or used to transport pas2 sengers; 

3 (2) an assessment of the effectiveness of the 

4 Government standards for inspection of commercial 

5 motor vehicles designed or used to transport pas6 sengers to mitigate the risks identified in paragraph 

7 (1) and to ensure the safe and proper operating con8 dition of commercial motor vehicles subject to sec9 tion 31142 of title 49, United States Code; 

10 (3) an assessment of the effectiveness of at 

11 least 2 alternatives to the current standards pre12 scribed pursuant to section 31142 of title 49, United 

13 States Code; and 

14 (4) a comparison of the costs and benefits of 

15 the alternatives and the current standards pre16 scribed pursuant to section 31142 of title 49, United 

17 States Code. 

18 (c) REPORT.— 

19 (1) IN GENERAL.—Not later than one year 

20 after the date of enactment of this Act, the Sec21 retary shall submit to the Committee on Transpor22 tation and Infrastructure of the House of Represent23 atives and the Committee on Commerce, Science, 

24 and Transportation of the Senate a report on the re25 sults of the study. 


rwilkins on PROD1PC63 with BILLS
10 

•HR 1135 IH

1 (2) CONTENTS.—The report shall include— 

2 (A) the findings and conclusions of the 

3 Secretary with respect to the study; 

4 (B) any recommendation of the Secretary 

5 for improving the commercial motor vehicle 

6 safety inspection standards; and 

7 (C) any recommendations of the Secretary 

8 for additional authority to improve commercial 

9 motor vehicle safety inspections. 

10 SEC. 106. REGISTRATION OF MOTOR CARRIERS. 

11 Section 13902(b) of title 49, United States Code, is 

12 amended— 

13 (1) by redesignating paragraphs (2) through 

14 (8) as paragraphs (3) through (9), respectively; and 

15 (2) by inserting after paragraph (1) the fol16 lowing: 

17 ‘‘(2) REVIEW OF PASSENGER CARRIER APPLICA18 TIONS.—The Secretary shall not register a motor 

19 carrier of passengers under subsection (a)(1) until 

20 the application for registration filed under that sub21 section is reviewed to ensure that the applicant is 

22 willing and able to comply with the requirements of 

23 that subsection. This review process shall include a 

24 determination of whether the applicant is or has 

25 been related, through common ownership, common 


rwilkins on PROD1PC63 with BILLS
11 

•HR 1135 IH

1 management, or common familial relationship to any 

2 other motor carrier of passengers within 3 years of 

3 the filing of the application for registration. If fol4 lowing this review it is determined that the applicant 

5 has failed to disclose such relationships with other 

6 such carriers, the Secretary may withhold the reg7 istration.’’. 

8 SEC. 107. EFFECTIVE PERIODS OF REGISTRATION. 

9 Section 13905 of title 49, United States Code, is 

10 amended— 

11 (1) by striking subsection (d)(1) and inserting 

12 the following: 

13 ‘‘(1) IN GENERAL.—On application of the reg14 istrant, the Secretary may amend or revoke a reg15 istration. On complaint or on the Secretary’s own 

16 initiative and after notice and an opportunity for a 

17 proceeding, the Secretary may— 

18 ‘‘(A) suspend, amend, or revoke any part 

19 of the registration of a motor carrier, broker, or 

20 freight forwarder for willful failure to comply 

21 with this part, an applicable regulation or order 

22 of the Secretary or of the Board (including the 

23 accessibility requirements established by the 

24 Secretary under subpart H of part 37 of title 

25 49, Code of Federal Regulations, or such sucVerDate Nov 24 2008 21:51 Feb 24, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1135.IH H1135

rwilkins on PROD1PC63 with BILLS
12 

•HR 1135 IH

1 cessor regulations to those accessibility require2 ments as the Secretary may issue, for transpor3 tation provided by an over-the-road bus), or a 

4 condition of its registration; 

5 ‘‘(B) suspend, amend, or revoke any part 

6 of the registration of a motor carrier, broker, or 

7 freight forwarder— 

8 ‘‘(i) for failure to pay a civil penalty 

9 imposed under chapter 5, 51, 149, or 311 

10 of this title; or 

11 ‘‘(ii) for failure to arrange and abide 

12 by an acceptable payment plan for such 

13 civil penalty, within 90 days of the time 

14 specified by order of the Secretary for the 

15 payment of such penalty; and 

16 ‘‘(C) deny, suspend, amend, or revoke any 

17 part of a registration of a motor carrier of pas18 sengers for failure to disclose in its application 

19 for registration a material fact relevant to its 

20 willingness and ability to comply with this part, 

21 an applicable regulation or order of the Sec22 retary or of the Board, or a condition of its reg23 istration. 

24 Subparagraph (B) shall not apply to any person who 

25 is unable to pay a civil penalty because such person 


rwilkins on PROD1PC63 with BILLS
13 

•HR 1135 IH

1 is a debtor in a case under chapter 11 of title 11.’’; 

2 and 

3 (2) in subsection (e) by inserting ‘‘or if the Sec4 retary determines that the registrant has failed to 

5 disclose a material fact in its application for reg6 istration in accordance with subsection (d)(1)(C),’’ 

7 after ‘‘registrant,’’. 

8 SEC. 108. DUTIES OF EMPLOYERS AND EMPLOYEES. 

9 Section 31135 of title 49, United States Code, is 

10 amended— 

11 (1) by redesignating subsection (d) as sub12 section (e); and 

13 (2) by inserting after subsection (c) the fol14 lowing: 

15 ‘‘(d) MOTOR CARRIERS OF PASSENGERS.—If the 

16 Secretary finds that common ownership, common manage17 ment, or common familial relationship between 2 or more 

18 motor carriers of passengers is being used to enable any 

19 or all such motor carriers of passengers to avoid compli20 ance, or mask or otherwise conceal noncompliance, with 

21 regulations on commercial motor vehicle safety prescribed 

22 under this subchapter, or an order of the Secretary issued 

23 under authority of such regulations, the Secretary may 

24 deny, suspend, amend, or revoke all or part of any such 

25 motor carrier’s registration under section 13905.’’. 


rwilkins on PROD1PC63 with BILLS
14 

•HR 1135 IH

1 SEC. 109. REQUIRED SAFETY STANDARDS FOR 

2 MOTORCOACHES. 

3 (a) SAFETY STANDARDS FOR NEW

4 MOTORCOACHES.— 

5 (1) OCCUPANT PROTECTION SYSTEMS.— 

6 (A) IN GENERAL.—Not later than 3 years 

7 after the date of enactment of this Act, the Sec8 retary of Transportation shall prescribe stand9 ards for motorcoach occupant protection sys10 tems that account for frontal impact collisions, 

11 side impact collisions, rear impact collisions, 

12 and rollovers. Such standards shall not elimi13 nate or lessen the occupant protection stand14 ards currently in effect and shall— 

15 (i) be based on sound scientific re16 search, extensive testing, and analysis by 

17 the National Highway Traffic Safety Ad18 ministration, consistent with the rec19 ommendations of the National Transpor20 tation Safety Board regarding motorcoach 

21 occupant protection; and 

22 (ii) take into consideration the various 

23 types of motorcoaches and the various uses 

24 and configurations of the occupant com25 partment as well as local, State, and Fed26 eral size and weight limits and restrictions. 


rwilkins on PROD1PC63 with BILLS
15 

•HR 1135 IH

1 (B) CONTENTS.—Such standards may in2 clude seatbelts or other occupant protection sys3 tems, passive or otherwise, for passengers, in4 cluding those in child safety restraint systems. 

5 (C) CONSULTATION.—Prior to promul6 gating such standards, the Secretary shall con7 sult with affected parties, as appropriate, on 

8 the proceedings leading to the promulgation of 

9 the standards required by this subparagraph. 

10 Any communications concerning such consulta11 tion shall be included in the public record of the 

12 proceedings leading to the promulgation of such 

13 standards and shall be subject to public com14 ment. 

15 (2) ROOF STRENGTH.— 

16 (A) RESEARCH AND TESTING.—The Sec17 retary shall conduct research and testing on 

18 roof strength to determine the method or meth19 ods that provide adequate survival space for all 

20 seating positions. 

21 (B) STANDARDS.—Not later than 3 years 

22 after the date of enactment of this Act, the Sec23 retary shall prescribe roof strength standards 

24 for motorcoaches based on the results of such 

25 research and testing and taking into account all 


rwilkins on PROD1PC63 with BILLS
16 

•HR 1135 IH

1 motorcoach window dimensions and highway 

2 size and weight restrictions. 

3 (3) WINDOW GLAZING.— 

4 (A) RESEARCH AND TESTING.—The Sec5 retary shall conduct research and testing on ad6 vanced window glazing and securement to de7 termine the best method or methods for window 

8 glazing to prevent motorcoach occupant protec9 tion ejection. 

10 (B) STANDARDS.—Not later than 3 years 

11 after the date of enactment of this Act, the Sec12 retary shall revise window glazing standards for 

13 motorcoaches based on the results of such re14 search and testing and taking into account all 

15 motorcoach window dimensions and highway 

16 height and weight restrictions. 

17 (4) FIRE PREVENTION AND MITIGATION.— 

18 (A) RESEARCH AND TESTING.—The Sec19 retary shall conduct research and testing to de20 termine the most prevalent causes of motor21 coach fires and the best methods to prevent 

22 such fires and to mitigate the effect of such 

23 fires, both inside and outside the motorcoach. 

24 (B) STANDARDS.—Not later than 3 years 

25 after the date of enactment of this Act, the SecVerDate Nov 24 2008 21:51 Feb 24, 2009 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1135.IH H1135

rwilkins on PROD1PC63 with BILLS
17 

•HR 1135 IH

1 retary shall promulgate fire prevention and 

2 mitigation standards for motorcoaches, based 

3 on the results of the Secretary’s research and 

4 testing, taking into account motorcoach high5 way size and weight restrictions. 

6 (5) EMERGENCY EVACUATION DESIGN.— 

7 (A) RESEARCH AND TESTING.—The Sec8 retary shall conduct research and testing to de9 termine any necessary changes in motorcoach 

10 design standards, including windows and doors, 

11 to improve motorcoach emergency evacuation. 

12 (B) STANDARDS.—Not later than 3 years 

13 after the date of enactment of this Act, the Sec14 retary shall promulgate motorcoach emergency 

15 evacuation design standards, including— 

16 (i) window standards that enhance the 

17 use of windows for emergency evacuation 

18 to the maximum extent feasible, while not 

19 detracting from the window glazing stand20 ards to be promulgated under this sub21 section; and 

22 (ii) door standards, including design 

23 of the wheelchair lift door for emergency 

24 evacuation use. Such standards shall take 


rwilkins on PROD1PC63 with BILLS
18 

•HR 1135 IH

1 into account motorcoach highway size and 

2 weight restrictions. 

3 (6) GENERAL PROVISIONS.— 

4 (A) EFFECT ON STATE AND LOCAL

5 LAWS.—Notwithstanding any provision of chap6 ter 301 of title 49, United States Code, a State 

7 or a political subdivision of a State may not 

8 adopt or enforce a law or regulation related to 

9 a motorcoach crash avoidance and occupant 

10 protection system prior to the effective date of 

11 the regulations promulgated pursuant to this 

12 subsection. 

13 (B) APPLICABILITY OF STANDARDS.—The 

14 standards prescribed under paragraphs (1) 

15 through (5) shall require motorcoaches manu16 factured after the last day of 3-year period be17 ginning on the date on which such standards 

18 are prescribed to be engineered and equipped to 

19 meet such standards. 

20 (C) LIMITATION ON STATUTORY CON21 STRUCTION.—Nothing in this subsection or in 

22 the regulations prescribed pursuant to this sub23 section shall be construed as indicating an in24 tention by Congress to affect, change, or modify 

25 in any way the liability, if any, of a motorcoach 


rwilkins on PROD1PC63 with BILLS
19 

•HR 1135 IH

1 manufacturer or motorcoach owner or operator 

2 under applicable law to buses or motorcoaches, 

3 manufactured and operated with or without 

4 passenger seat belts or other passenger re5 straint systems, prior to the effective date of 

6 the regulations promulgated pursuant to this 

7 subsection. 

8 (b) SAFETY STANDARDS FOR EXISTING

9 MOTORCOACHES.— 

10 (1) IN GENERAL.—Not later than 3 years after 

11 the date of enactment of this subsection, the Sec12 retary shall prescribe standards for motorcoaches 

13 that are manufactured before the date that is 3 

14 years after the date on which the standards required 

15 under subsection (a) are prescribed, taking into ac16 count the limitations posed by the need to retrofit 

17 existing motorcoaches. Such standards shall have the 

18 same objectives as the standards required under 

19 paragraphs (1) through (5) of subsection (a), but 

20 may differ from such standards based on what is 

21 technically feasible for existing motorcoaches. 

22 (2) STANDARDS FOR COMPONENT PARTS AND

23 EQUIPMENT.—In lieu of promulgating comprehen24 sive standards for motorcoaches under paragraph 

25 (1), the Secretary may develop standards for various 


rwilkins on PROD1PC63 with BILLS
20 

•HR 1135 IH

1 component parts and equipment of motorcoaches 

2 that would increase occupant protection. 

3 (3) EFFECTIVE DATE.—The effective date for 

4 the standards prescribed pursuant to this subsection 

5 shall be the same as the effective date for the stand6 ards prescribed pursuant to subsection (a). 

7 (4) CERTIFICATION.—The Secretary shall es8 tablish, by regulation, a system whereby the 

9 motorcoaches to which the standards prescribed 

10 under paragraph (1) apply shall be certified as in 

11 compliance with such standards. Such certification 

12 shall be carried out by the Secretary or by private 

13 parties at the discretion and authorization of the 

14 Secretary. 

15 (c) COMPLIANCE TIMETABLES.— 

16 (1) EFFECTIVE DATE.—The effective date of 

17 the standards prescribed under subsections (a) and 

18 (b) shall be 3 years after the date on which such 

19 final standards are promulgated. All motorcoaches 

20 manufactured after such date shall comply with such 

21 standards. 

22 (2) PHASED IN REQUIREMENTS.— 

23 (A) FIRST PHASE.—Not later than 6 years 

24 after the effective date of the standards pre25 scribed under subsections (a) and (b), a motorVerDate Nov 24 2008 21:51 Feb 24, 2009 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H1135.IH H1135

rwilkins on PROD1PC63 with BILLS
21 

•HR 1135 IH

1 coach owner or operator shall ensure that at 

2 least 50 percent of the motorcoaches used by 

3 the owner or operator comply with either the 

4 standards prescribed under subsection (a) or 

5 the standards prescribed under subsection (b), 

6 as appropriate. 

7 (B) SECOND PHASE.—Not later than 12 

8 years after the effective date of the standards 

9 prescribed under subsections (a) and (b), a mo10 torcoach owner or operator shall ensure that 

11 100 percent of the motorcoaches used by the 

12 owner or operator comply with either of such 

13 standards. 

14 (3) STATE AND LOCAL LAWS.— 

15 (A) LIABILITY OF MOTORCOACH MANUFAC16 TURERS AND OWNERS AND OPERATORS.—Noth17 ing in this section shall be construed to affect, 

18 change, or modify in any way the liability, if 

19 any, of a motorcoach manufacturer or motor20 coach owner or operator under applicable law to 

21 buses or motorcoaches unless such manufac22 turer or owner or operator is shown not to be 

23 in compliance with the timetables set forth in 

24 paragraphs (1) and (2). 


rwilkins on PROD1PC63 with BILLS
22 

•HR 1135 IH

1 (B) PREEMPTION.—Notwithstanding any 

2 provision of chapter 301 of title 49, United 

3 States Code, a State or a political subdivision 

4 of a State may not adopt or enforce a law or 

5 regulation related to any of the standards re6 quired by subsections (a) and (b) during the 

7 time periods set forth in paragraphs (1) and 

8 (2). 

9 (d) DEFINITION OF MOTORCOACH.—In this section, 

10 the term ‘‘motorcoach’’ means an over-the-road bus, char11 acterized by an elevated passenger deck located over a 

12 baggage compartment. 

13 TITLE II—CREDIT FOR COST OF 

14 MOTORCOACHES COMPLYING 

15 WITH FEDERAL SAFETY RE16 QUIREMENTS 

17 SEC. 201. CREDIT FOR COSTS OF MOTORCOACHES COM18 PLYING WITH FEDERAL SAFETY REQUIRE19 MENTS. 

20 (a) IN GENERAL.—Subpart D of part IV of sub21 chapter 1 of the Internal Revenue Code of 1986 is amend22 ed by inserting after section 45Q the following new sec23 tion: 


rwilkins on PROD1PC63 with BILLS
23 

•HR 1135 IH

1 ‘‘SEC. 45R. CREDIT FOR COSTS OF MOTORCOACHES COM2 PLYING WITH FEDERAL SAFETY REQUIRE3 MENTS. 

4 ‘‘(a) IN GENERAL.—For purposes of section 38, the 

5 qualified motorcoach safety credit determined under this 

6 subsection for any taxable year is an amount equal to 10 

7 percent of the aggregate amount paid or incurred by the 

8 taxpayer during the taxable year for— 

9 ‘‘(1) qualified new motorcoaches, and 

10 ‘‘(2) such improvements to any existing motor11 coach which is used by the taxpayer as are necessary 

12 for such motorcoach to satisfy the requirements pre13 scribed under section 109(b) of the Bus Uniform 

14 Standards and Enhanced Safety Act of 2009. 

15 ‘‘(b) LIMITATION.—The credit determined under sub16 section (a) with respect to any motorcoach shall not exceed 

17 $45,000. 

18 ‘‘(c) QUALIFIED NEW AND EXISTING

19 MOTORCOACHES.—For purposes of this section— 

20 ‘‘(1) QUALIFIED MOTORCOACH.—The term 

21 ‘qualified new motorcoach’ means any motorcoach— 

22 ‘‘(A) the original use of which commences 

23 with the taxpayer, 

24 ‘‘(B) which is acquired for use or lease by 

25 the taxpayer and not for resale, 


rwilkins on PROD1PC63 with BILLS
24 

•HR 1135 IH

1 ‘‘(C) which is property of a character sub2 ject to an allowance for depreciation, 

3 ‘‘(D) which is made by a manufacturer, 

4 ‘‘(E) which is manufactured after the spec5 ified effective date, and 

6 ‘‘(F) which meets the requirements pre7 scribed under section 109(a) of the Bus Uni8 form Standards and Enhanced Safety Act of 

9 2009. 

10 ‘‘(2) EXISTING MOTORCOACH.—The term ‘exist11 ing motorcoach’ means any motorcoach— 

12 ‘‘(A) which is property of a character sub13 ject to an allowance for depreciation, and 

14 ‘‘(B) which is manufactured on or before 

15 the specified effective date. 

16 ‘‘(d) OTHER DEFINITIONS AND SPECIAL RULES.— 

17 For purposes of this section— 

18 ‘‘(1) MOTORCOACH.—The term ‘motorcoach’ 

19 means any vehicle to which the requirements pre20 scribed under section 109(a) of the Bus Uniform 

21 Standards and Enhanced Safety Act of 2009, apply, 

22 or would apply if such vehicle were manufactured 

23 after the specified effective date. 

24 ‘‘(2) SPECIFIED EFFECTIVE DATE.—The term 

25 ‘specified effective date’ means the effective date deVerDate Nov 24 2008 21:51 Feb 24, 2009 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H1135.IH H1135

rwilkins on PROD1PC63 with BILLS
25 

•HR 1135 IH

1 scribed in section 109(c)(1) of the Bus Uniform 

2 Standards and Enhanced Safety Act of 2009. 

3 ‘‘(3) BASIS REDUCTION.—The basis of any 

4 property for which a credit is determined under sub5 section (a) shall be reduced by the amount of the 

6 credit so determined. 

7 ‘‘(4) RECAPTURE.—The Secretary shall, by reg8 ulations, provide for recapturing the benefit of any 

9 credit determined under subsection (a) with respect 

10 to any property which ceases to be property eligible 

11 for such credit. 

12 ‘‘(5) PROPERTY USED OUTSIDE UNITED

13 STATES, ETC., NOT QUALIFIED.—No credit shall be 

14 determined under subsection (a) with respect to— 

15 ‘‘(A) the portion of the cost of any prop16 erty taken into account under section 179, or 

17 ‘‘(B) any property referred to in section 

18 50(b). 

19 ‘‘(6) ELECTION NOT TO TAKE CREDIT.—No 

20 credit shall be determined under subsection (a) for 

21 any vehicle if the taxpayer elects to not have this 

22 section apply to such vehicle. 

23 ‘‘(e) TERMINATION.—No credit shall be determined 

24 under this subsection for any taxable year ending after 

25 December 31, 2026.’’. 


rwilkins on PROD1PC63 with BILLS
26 

•HR 1135 IH

1 (b) DENIAL OF DOUBLE BENEFIT.—Section 280C of 

2 the Internal Revenue Code of 1986 is amended by adding 

3 at the end the following new subsection: 

4 ‘‘(g) CREDIT FOR COSTS OF MOTORCOACHES COM5 PLYING WITH FEDERAL SAFETY REQUIREMENTS.—No 

6 deduction shall be allowed for that portion of the expenses 

7 otherwise allowable as a deduction for the taxable year 

8 which is equal to the amount of the credit determined for 

9 the taxable year under section 45R(a).’’. 

10 (c) CONFORMING AMENDMENTS.— 

11 (1) Section 38(b) of the Internal Revenue Code 

12 of 1986 is amended by striking ‘‘plus’’ at the end of 

13 paragraph (34), by striking the period at the end of 

14 paragraph (35) and inserting ‘‘, plus’’, and by add15 ing at the end the following: 

16 ‘‘(36) the qualified motorcoach safety credit de17 termined under section 45R(a).’’. 

18 (2) Section 1016(a) of such Code is amended 

19 by striking ‘‘and’’ at the end of paragraph (37), by 

20 striking the period at the end of paragraph (38) and 

21 inserting ‘‘, and’’, and by adding at the end the fol22 lowing new paragraph: 

23 ‘‘(38) to the extent provided in section 

24 45R(d)(3).’’. 


rwilkins on PROD1PC63 with BILLS
27 

•HR 1135 IH

1 (3) Section 6501(m) of such Code is amended 

2 by inserting ‘‘45R(d)(6),’’ after ‘‘45H(g),’’. 

3 (4) The table of sections for subpart D of part 

4 IV of subchapter A of chapter 1 of such Code is 

5 amended by inserting after the item relating to sec6 tion 45Q the following new item: 

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

7 (d) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply to taxable years ending after De9 cember 31, 2009. 

10 TITLE III—OTHER PROVISIONS 

11 SEC. 301. DEPARTMENT OF TRANSPORTATION GRANTS. 

12 (a) IN GENERAL.—The Secretary of Transportation 

13 shall develop and administer grants, not to exceed $20,000 

14 per vehicle, for owners and operators of motorcoaches in 

15 order to assist with the cost of retrofitting motorcoaches 

16 for purposes of complying with the standards prescribed 

17 under section 109. 

18 (b) ELIGIBILITY.—To be eligible for a grant under 

19 subsection (a), a motorcoach owner or operator shall— 

20 (1) have a fleet of not more than 25 

21 motorcoaches; 

22 (2) have total annual revenue of less than 

23 $5,000,000; and 

24 (3) demonstrate to the Secretary that— 


rwilkins on PROD1PC63 with BILLS
28 

•HR 1135 IH

1 (A) the owner or operator has been in 

2 business as an over-the-road charter bus owner 

3 or operator for not less than 3 consecutive 

4 years; and 

5 (B) the owner or operator was unable to 

6 recover, through allowed tax credits established 

7 by section 45R of the Internal Revenue Code of 

8 1986, as added by section 201 of this Act, in 

9 a consecutive 2-year period, the full cost of ret10 rofitting motorcoaches in order to comply with 

11 the applicable standards. 

12 (c) GRANT REQUIREMENTS.—A grant under this sec13 tion shall be subject to all of the terms and conditions 

14 applicable to subrecipients who provide intercity bus trans15 portation under section 5311(f) of title 49, United States 

16 Code, and such other terms and conditions as the Sec17 retary may prescribe. 

18 SEC. 302. SMALL BUSINESS ADMINISTRATION LOANS AND 

19 LOAN GUARANTEES. 

20 Section 7(a) of the Small Business Act (15 U.S.C. 

21 636(a)) is amended— 

22 (1) by redesignating the second paragraph (32), 

23 relating to the increased veteran participation pro24 gram, as paragraph (33); and 


rwilkins on PROD1PC63 with BILLS
29 

•HR 1135 IH

1 (2) by adding after paragraph (33) (as so re2 designated) the following: 

3 ‘‘(34) BUSES AND MOTORCOACHES.—In car4 rying out this subsection with respect to the over5 the-road charter bus industry, the following shall 

6 apply: 

7 ‘‘(A) The Administrator shall adopt under8 writing criteria specific to that industry. 

9 ‘‘(B) The Administrator shall make avail10 able the assistance under this subsection to 

11 members of that industry to facilitate retro12 fitting of buses and motorcoaches for occupant 

13 protection. 

14 ‘‘(C) Multiple buses or motorcoaches shall 

15 be treated as a single source of collateral. 

16 ‘‘(D) A member of that industry who owns 

17 a single bus or motorcoach shall be treated as 

18 eligible for such assistance, without regard to 

19 whether the member otherwise meets the appli20 cable size standard for eligibility. 

21 ‘‘(E) The Administrator shall provide any 

22 applicant who is a member of that industry 

23 with counseling and advice regarding the other 

24 assistance programs of the Administration that 

25 may be available to members of that industry.’’. 


rwilkins on PROD1PC63 with BILLS
30 

•HR 1135 IH

1 SEC. 303. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to the Sec3 retary of Transportation such sums as may be necessary 

4 to carry out the authorities of the Secretary under this 

5 Act, including the amendments made by this Act. 

Æ 


rwilkins on PROD1PC63 with BILLS