[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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