(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 li-
censing agency the form for such examination re-
quired 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 certifi-
cate required by section 391.43(g) of title 49, Code 
of Federal Regulations (as in effect on the day be-
fore the date of the enactment of this Act) to deter-
mine the accuracy and validity of the information 
contained in such forms and certificates. 
(d) ADDITIONAL OVERSIGHT
OF LICENSING AU-
THORITIES.— 
VerDate Aug 31 2005 
02:44 Aug 05, 2008
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6747.IH
H6747
jbell on PROD1PC69 with BILLS
(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 au-
thorities of 10 States to assess the accuracy 
and validity of physical examination reports and 
medical certificates submitted by certified med-
ical examiners to such State licensing agen-
cies.’’. 
(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 Transpor-
tation for purposes of carrying out the require-
ment 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 proc-
VerDate Aug 31 2005 
02:44 Aug 05, 2008
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6747.IH
H6747
jbell on PROD1PC69 with BILLS
esses 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 Sec-
retary shall establish the national registry of medical ex-
aminers required by section 31149(d)(1) of title 49, 
United States Code. 
(f) 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 of Transportation 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 the following: 
‘‘(i) The physical qualifications of op-
erators of commercial motor vehicles. 
‘‘(ii) Medical examiner education. 
‘‘(iii) Medical research. 
‘‘(B) Providing the Secretary with advice 
and recommendations concerning the criteria to 
be used for evaluating medical examiners for 
VerDate Aug 31 2005 
02:44 Aug 05, 2008
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H6747.IH
H6747
jbell on PROD1PC69 with BILLS
admission to the national registry established 
under this section.’’. 
SEC. 108. SAFETY ENFORCEMENT TECHNOLOGY TO RE-
DUCE DRIVER FATIGUE. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary shall pre-
scribe regulations requiring that all commercial motor ve-
hicles used by a motor carrier in interstate commerce be 
equipped with electronic on-board recorders linked with 
vehicle engine functions and electronic control modules 
that accurately record commercial driver hours of service 
and provide real-time tracking of driver and vehicle loca-
tion. 
(b) APPLICABILITY.—The regulations prescribed 
under subsection (a) shall apply to all commercial motor 
vehicles used by motor carriers in interstate commerce be-
ginning on the date that is 3 years after the date of the 
enactment of this Act. 
SEC. 109. COMMERCIAL MOTOR VEHICLE SAFETY INSPEC-
TION 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.— 
VerDate Aug 31 2005 
02:44 Aug 05, 2008
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H6747.IH
H6747
jbell on PROD1PC69 with BILLS
‘‘(1) PROGRAM REQUIRED.—In order to receive 
a grant pursuant to section 31102 of this title, a 
State shall carry out 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 of all safety equipment required 
under the regulations prescribed under section 
31136 of this title. 
‘‘(3) PERIODIC REVIEW OF STATE SAFETY IN-
SPECTION
PROGRAMS.—Not less frequently than 
once every 3 years, the Secretary shall review and 
approve or disapprove each safety inspection pro-
gram established pursuant to paragraph (1). 
‘‘(b) REGULATIONS FOR INSPECTION OF VEHICLES 
AND RECORD RETENTION.— 
‘‘(1) IN
GENERAL.—The Secretary shall pre-
scribe regulations on Government standards for— 
VerDate Aug 31 2005 
02:44 Aug 05, 2008
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H6747.IH
H6747
jbell on PROD1PC69 with BILLS
‘‘(A) inspection of commercial motor vehi-
cles 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 pre-
scribed 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 reg-
ulations, 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 
VerDate Aug 31 2005 
02:44 Aug 05, 2008
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H6747.IH
H6747
jbell on PROD1PC69 with BILLS
Secretary disapproves of an annual safety inspection 
program of a State established pursuant to para-
graph (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
DIS-
APPROVAL.—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 af-
fected by a withdrawal of approval under this sub-
section may seek judicial review under chapter 7 of 
title 5. 
‘‘(5) RETENTION OF JURISDICTION.—Notwith-
standing a withdrawal of approval under this sub-
section, the State may retain jurisdiction in adminis-
trative or judicial proceedings begun before the with-
drawal 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. 
VerDate Aug 31 2005 
02:44 Aug 05, 2008
Jkt 069200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H6747.IH
H6747
jbell on PROD1PC69 with BILLS
SEC. 110. REGULATIONS. 
Any standard or regulation prescribed or modified 
pursuant to this title shall be done in accordance with sec-
tion 553 of title 5, United States Code. 
TITLE II—CREDIT FOR COST OF 
MOTORCOACHES COMPLYING 
WITH FEDERAL SAFETY RE-
QUIREMENTS 
SEC. 201. CREDIT FOR COST OF MOTORCOACHES COM-
PLYING WITH FEDERAL SAFETY REQUIRE-
MENTS. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter 1 of the Internal Revenue Code of 1986 (relating 
to business-related credits) is amended by inserting after 
section 45P the following new section: 
‘‘SEC. 45Q. CREDIT FOR COST OF MOTORCOACHES COM-
PLYING WITH FEDERAL SAFETY REQUIRE-
MENTS. 
‘‘(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 mo-
torcoach which is used by the taxpayer as are nec-
VerDate Aug 31 2005 
02:44 Aug 05, 2008
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H6747.IH
H6747
jbell on PROD1PC69 with BILLS
essary for such motorcoach to satisfy the require-
ments prescribed under section 102 of the Motor-
coach Enhanced Safety Act of 2008. 
‘‘(b) LIMITATION.—The credit determined under sub-
section (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 sub-
ject to an allowance for depreciation, 
‘‘(D) which is made by a manufacturer, 
‘‘(E) which is manufactured after the spec-
ified effective date, and 
‘‘(F) which meets the requirements pre-
scribed under section 102 of the Motorcoach 
Enhanced Safety Act of 2008. 
‘‘(2) IN-SERVICE MOTORCOACH.—The term ‘in- 
service motorcoach’ means any motorcoach— 
VerDate Aug 31 2005 
02:44 Aug 05, 2008
Jkt 069200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H6747.IH
H6747
jbell on PROD1PC69 with BILLS
‘‘(A) which is property of a character sub-
ject 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 pre-
scribed under section 102 of the Motorcoach En-
hanced Safety Act of 2008 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 2008. 
‘‘(3) BASIS
REDUCTION.—The basis of any 
property for which a credit is determined under sub-
section (a) shall be reduced by the amount of the 
credit so determined. 
‘‘(4) RECAPTURE.—The Secretary shall, by reg-
ulations, 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. 
VerDate Aug 31 2005 
02:44 Aug 05, 2008
Jkt 069200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H6747.IH
H6747
jbell on PROD1PC69 with BILLS
‘‘(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 prop-
erty 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 COM-
PLYING WITH FEDERAL SAFETY REQUIREMENTS.—No 
deduction shall be allowed for that portion of the expenses 
otherwise allowable as a deduction for the taxable year 
which is equal to the amount of the credit determined for 
the taxable year under section 45O(a).’’. 
(c) CONFORMING AMENDMENTS.— 
VerDate Aug 31 2005 
02:44 Aug 05, 2008
Jkt 069200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H6747.IH
H6747
jbell on PROD1PC69 with BILLS
(1) Section 38(b) of the Internal Revenue Code 
of 1986 is amended by striking ‘‘plus’’ at the end of 
paragraph (32), by striking the period at the end of 
paragraph (33) and inserting ‘‘, plus’’, and by add-
ing at the end the following: 
‘‘(34) the qualified motorcoach safety credit de-
termined under section 45Q(a).’’. 
(2) Section 1016(a) of such Code is amended 
by striking ‘‘and’’ at the end of paragraph (35), by 
striking the period at the end of paragraph (36) and 
inserting ‘‘, and’’, and by adding at the end the fol-
lowing new paragraph: 
‘‘(37) to the extent provided in section 
45Q(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 sec-
tion 45P the following new item: 
‘‘Sec. 45Q. Credit for cost of motorcoaches complying with Federal safety re-
quirements.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years ending after De-
cember 31, 2008. 
VerDate Aug 31 2005 
02:44 Aug 05, 2008
Jkt 069200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H6747.IH
H6747
jbell on PROD1PC69 with BILLS