I 

115TH CONGRESS 

1ST SESSION H. R. 2120 

To direct the Secretary of Transportation to take actions to address issues 

affecting motorcoach and school bus operators, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 25, 2017 

Mr. PERRY introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

A BILL 

To direct the Secretary of Transportation to take actions 

to address issues affecting motorcoach and school bus 

operators, 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 ‘‘Buses United for Safety, Regulatory Reform, and En6 hanced Growth for the 21st Century Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. FMCSA reform. 

Sec. 3. FAST Act reform. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 2120 IH

Sec. 4. Rules exemptions and rescission for motor carriers of passengers. 

Sec. 5. Beyond compliance. 

Sec. 6. Corrective action plans regarding motor carriers of passengers. 

Sec. 7. Civil penalties. 

Sec. 8. Modernization of Federal Motor Carrier Safety Regulations. 

Sec. 9. Rulemakings impacting motor carriers of passengers. 

Sec. 10. GAO study assessing effects of current oversight and regulations. 

Sec. 11. Pilot program on inspections. 

Sec. 12. Requirements for NHTSA. 

Sec. 13. Requirements for FTA. 

1 SEC. 2. FMCSA REFORM. 

2 (a) MISSION STATEMENT.—Section 113(b) of title 

3 49, United States Code, is amended by inserting ‘‘while 

4 fostering new and expanding passenger service through in5 dustry collaboration, encouraging new entrant applicants 

6 by expediting operating authorizations, and identifying 

7 passenger carrier drivers as a profession’’ before ‘‘in 

8 motor carrier transportation.’’. 

9 (b) REQUIREMENTS FOR REGISTRATION OF MOTOR

10 CARRIERS.—Section 13901 of title 49, United States 

11 Code, is amended by adding at the end the following: 

12 ‘‘(d) OPERATING AUTHORITY TO TRANSPORT PAS13 SENGERS.— 

14 ‘‘(1) APPLICATIONS.—If a person submits to 

15 the Secretary under this section an application for 

16 motor carrier operating authority to transport pas17 sengers, the Secretary, not later than 14 days after 

18 the date of the submission, shall— 

19 ‘‘(A) approve the application; or 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 2120 IH

1 ‘‘(B) provide to the applicant, in writing, a 

2 specific valid reason for withholding approval of 

3 the application. 

4 ‘‘(2) SUPPLEMENTAL INFORMATION.—If an ap5 plicant that receives written notice under paragraph 

6 (1)(B) submits to the Secretary information that 

7 satisfies the reason of the Secretary for withholding 

8 approval of the application, the Secretary shall ap9 prove the application not later than 5 days after the 

10 date of receipt of the information. 

11 ‘‘(e) GUIDANCE FOR NEW ENTRANTS.— 

12 ‘‘(1) ISSUANCE.—The Secretary shall— 

13 ‘‘(A) issue written guidance to instruct new 

14 entrants seeking operating authority under this 

15 section to transport passengers on complying 

16 with the Federal Motor Carrier Safety Regula17 tions; and 

18 ‘‘(B) ensure that a new entrant that sub19 mits an application for such operating authority 

20 receives the guidance. 

21 ‘‘(2) CRITERIA FOR SAFETY AUDIT.—The guid22 ance issued under paragraph (1) shall serve as the 

23 criteria for conducting a safety audit of an approved 

24 new entrant motor carrier of passengers. 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•HR 2120 IH

1 ‘‘(3) REGISTRATION FEES.—The Secretary may 

2 not increase registration fees for new entrant appli3 cations described in paragraph (1) in excess of 

4 $350.’’. 

5 SEC. 3. FAST ACT REFORM. 

6 (a) CARRIER SAFETY FITNESS DETERMINATIONS.— 

7 (1) NOTICE OF PROPOSED RULEMAKING.—Be8 fore the date on which the Inspector General of the 

9 Department of Transportation makes the certifi10 cation under section 5223(a) of the FAST Act (49 

11 U.S.C. 31100 note; 129 Stat. 1541), the Secretary 

12 of Transportation may not issue a notice of proposed 

13 rulemaking to modify the carrier safety fitness 

14 standards and methodologies in effect for motor car15 riers on the date of enactment of this Act. 

16 (2) LIMITATIONS ON USE OF CARRIER SAFETY

17 FITNESS DETERMINATIONS.—The following require18 ments shall apply with respect to a carrier safety fit19 ness determination made by the Secretary, using 

20 procedures in effect on the date of enactment of this 

21 Act, in connection with a motor carrier engaged in 

22 providing transportation of passengers: 

23 (A) The Secretary may not use the carrier 

24 safety fitness determination to instruct a ces25 sation of operations or revocation. 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•HR 2120 IH

1 (B) The Secretary may determine the 

2 motor carrier to be ‘‘unfit’’ to operate only 

3 upon— 

4 (i) completion of a compliance review 

5 or comprehensive safety investigation; and 

6 (ii) consideration of a corrective ac7 tion plan, if submitted. 

8 (C) The Secretary shall continue to assign 

9 ‘‘satisfactory’’ and ‘‘conditional’’ ratings as ap10 propriate. 

11 (D) Any assigned rating shall include the 

12 date on which the rating was assigned. 

13 (b) AVAILABILITY OF INFORMATION DEVELOPED

14 UNDER CSA PROGRAM.— 

15 (1) IN GENERAL.—Section 5223 of the FAST 

16 Act (49 U.S.C. 31100 note; 129 Stat. 1541) is 

17 amended— 

18 (A) in subsection (a) by striking ‘‘or the 

19 commercial motor vehicle driver’’ and inserting 

20 ‘‘, the commercial motor vehicle driver, or the 

21 motor carrier of passengers (including any pri22 vate school bus operator)’’; and 

23 (B) in subsection (d)— 

24 (i) in paragraph (1)— 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

•HR 2120 IH

1 (I) in subparagraph (A) by strik2 ing the semicolon at the end and in3 serting ‘‘; and’’; and 

4 (II) in subparagraph (B)— 

5 (aa) by striking ‘‘and a com6 mercial motor vehicle driver’’ and 

7 inserting ‘‘, a commercial motor 

8 vehicle driver, and a motor car9 rier of passengers (including any 

10 private school bus carrier)’’; 

11 (bb) by striking ‘‘or driver, 

12 respectively; and’’ and inserting 

13 ‘‘or driver, as appropriate.’’; and 

14 (cc) by striking subpara15 graph (C); 

16 (ii) by striking paragraph (2); and 

17 (iii) by redesignating paragraph (3) as 

18 paragraph (2). 

19 (2) APPLICABILITY.—The amendments made 

20 by paragraph (1) shall apply to the availability of in21 formation beginning 1 day after the date of enact22 ment of this Act. 

23 SEC. 4. RULES EXEMPTIONS AND RESCISSION FOR MOTOR 

24 CARRIERS OF PASSENGERS. 

25 (a) OBSTRUCTIVE SLEEP APNEA.— 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

•HR 2120 IH

1 (1) FINDING.—Congress finds that obstructive 

2 sleep apnea is adequately addressed under the cur3 rent medical standards for commercial motor vehicle 

4 drivers. 

5 (2) EXEMPTION.—The Secretary of Transpor6 tation shall exempt commercial motor vehicle drivers 

7 of motor carriers of passengers and private school 

8 bus carriers from any requirements resulting from 

9 the advance notice of proposed rulemaking of the 

10 Federal Motor Carrier Safety Administration relat11 ing to ‘‘Evaluation of Safety Sensitive Personnel for 

12 Moderate-to-Severe Obstructive Sleep Apnea’’ (81 

13 Fed. Reg. 12642 (March 10, 2016)). 

14 (b) FINANCIAL RESPONSIBILITY.— 

15 (1) LIMITATION ON INCREASES.—The Secretary 

16 may not increase the minimum financial responsi17 bility limits that apply, as of the date of enactment 

18 of this Act, to motor carriers of passengers and pri19 vate school bus carriers unless the increase is ap20 proved by an Act of Congress. 

21 (2) EXEMPTION.—The Secretary shall exempt 

22 motor carriers of passengers and private school bus 

23 carriers from any requirements resulting from the 

24 advance notice of proposed rulemaking of the Fed25 eral Motor Carrier Safety Administration relating to 


SSpencer on DSK4SPTVN1PROD with BILLS
8 

•HR 2120 IH

1 ‘‘Financial Responsibility for Motor Carriers, 

2 Freight Forwarders, and Brokers’’ (79 Fed. Reg. 

3 70839 (November 28, 2014)). 

4 (c) SPEED LIMITERS.— 

5 (1) FINDING.—Congress favors collecting and 

6 disseminating statistical information to the motor 

7 carrier industry in lieu of imposing requirements re8 lating to the installation of speed limiting devices. 

9 (2) EXEMPTION.—The Secretary shall exempt 

10 motor carriers of passengers and private school bus 

11 carriers from any requirements resulting from the 

12 advance notice of proposed rulemaking of the Na13 tional Highway Traffic Safety Administration and 

14 the Federal Motor Carrier Safety Administration re15 lating to ‘‘Federal Motor Vehicle Safety Standards; 

16 Federal Motor Carrier Safety Regulations; Parts 

17 and Accessories Necessary for Safe Operation; Speed 

18 Limiting Devices’’ (81 Fed. Reg. 61941 (September 

19 7, 2016)). 

20 (d) LEASE AND INTERCHANGE OF VEHICLES.— 

21 (1) RESCISSION OF RULE.—The Secretary shall 

22 withdraw and rescind the rule of the Federal Motor 

23 Carrier Safety Administration relating to ‘‘Lease 

24 and Interchange of Vehicles; Motor Carriers of Pas25 sengers’’ (80 Fed. Reg. 30164 (May 27, 2015)). 


SSpencer on DSK4SPTVN1PROD with BILLS
9 

•HR 2120 IH

1 (2) GUIDANCE.—The Secretary shall issue 

2 guidance for motor carriers of passengers who 

3 choose to enter into lease arrangements. 

4 (e) RELATIONSHIP TO OTHER LAWS.—A require5 ment under this section to withdraw and rescind a rule6 making proposal shall apply without regard to any provi7 sion of statute or regulation that establishes a requirement 

8 to issue a rulemaking proposal on the issue. 

9 SEC. 5. BEYOND COMPLIANCE. 

10 Section 5222(a) of the FAST Act (49 U.S.C. 31100 

11 note; 129 Stat. 1540) is amended in the matter preceding 

12 paragraph (1) by inserting ‘‘(other than a motor carrier 

13 of passengers)’’ after ‘‘motor carrier’’. 

14 SEC. 6. CORRECTIVE ACTION PLANS REGARDING MOTOR 

15 CARRIERS OF PASSENGERS. 

16 Section 31144 of title 49, United States Code, is 

17 amended by adding at the end the following: 

18 ‘‘(j) CORRECTIVE ACTION PLANS SUBMITTED BY

19 MOTOR CARRIERS OF PASSENGERS.— 

20 ‘‘(1) REVIEW OF PLANS.—Not later than 30 

21 days after the date of receipt of a corrective action 

22 plan submitted by a motor carrier of passengers 

23 that, on the basis of a safety fitness determination, 

24 has received a rating of unsatisfactory, conditional, 

25 or unfit, the Secretary shall accept or deny the plan. 


SSpencer on DSK4SPTVN1PROD with BILLS
10 

•HR 2120 IH

1 ‘‘(2) REVISIONS.— 

2 ‘‘(A) NOTICE OF DEFICIENCIES.—If the 

3 Secretary denies a corrective action plan of a 

4 motor carrier of passengers, the Secretary 

5 shall— 

6 ‘‘(i) advise the motor carrier of the 

7 specific deficiencies of the plan; and 

8 ‘‘(ii) allow up to 14 days for the 

9 motor carrier to submit a revised plan. 

10 ‘‘(B) REVIEW OF REVISED PLANS.—Not 

11 later than 30 days after the date of receipt of 

12 the revised corrective action plan, the Secretary 

13 shall accept or deny the revised plan. 

14 ‘‘(3) LIMITATIONS ON SUSPENSIONS AND REV15 OCATIONS.— 

16 ‘‘(A) IN GENERAL.—The Secretary may 

17 not suspend or revoke the authority of a motor 

18 carrier of passengers to conduct operations dur19 ing any period in which a corrective action plan 

20 is being revised or reviewed in accordance with 

21 the requirements of this subsection. 

22 ‘‘(B) EXCEPTION.—Subparagraph (A) 

23 shall not apply with respect to a motor carrier 

24 of passengers if the Secretary determines the 


SSpencer on DSK4SPTVN1PROD with BILLS
11 

•HR 2120 IH

1 motor carrier to be an imminent hazard to pub2 lic safety. 

3 ‘‘(4) CONSIDERATION OF CORRECTIVE AC4 TIONS.—If a motor carrier of passengers implements 

5 a corrective action during a compliance review or 

6 safety audit, the Secretary shall consider the correc7 tive action before a safety fitness determination ac8 tion is concluded.’’. 

9 SEC. 7. CIVIL PENALTIES. 

10 (a) ADDITIONAL PENALTY CONSIDERATIONS.—Sec11 tion 521(b)(2)(D) of title 49, United States Code, is 

12 amended by inserting ‘‘scope of severity and willfulness, 

13 ability to pay, size of fleet,’’ before ‘‘and such other mat14 ters as justice and public safety may require’’. 

15 (b) PROCEDURAL REQUIREMENT RELATING TO IN16 STALLMENT PLANS.—Section 521(b) of title 49, United 

17 States Code, is amended by adding at the end the fol18 lowing: 

19 ‘‘(16) PROCEDURAL REQUIREMENT RELATING

20 TO INSTALLMENT PLANS.—A motor carrier of pas21 sengers, by contesting or appealing a notice of a vio22 lation issued by the Secretary under this subsection, 

23 does not waive any right relating to installment 

24 plans before the Secretary has issued an order afVerDate Sep 11 2014 03:57 Apr 26, 2017 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2120.IH H2120

SSpencer on DSK4SPTVN1PROD with BILLS
12 

•HR 2120 IH

1 firming, modifying, or vacating the notice of viola2 tion.’’. 

3 SEC. 8. MODERNIZATION OF FEDERAL MOTOR CARRIER 

4 SAFETY REGULATIONS. 

5 (a) ESTABLISHMENT OF ADVISORY COMMITTEE.— 

6 The Secretary of Transportation shall establish a nego7 tiated rulemaking advisory committee (in this section re8 ferred to as the ‘‘Committee’’) for the purpose of devel9 oping a comprehensive regulatory proposal aimed at re10 ducing, simplifying, streamlining, and modernizing Fed11 eral Motor Carrier Safety Regulations applicable to the 

12 operations of motor carriers of passengers. 

13 (b) MEMBERSHIP.—The Committee shall be com14 posed of— 

15 (1) representatives of motor carriers of pas16 sengers; 

17 (2) representatives of trade associations rep18 resenting the motor carriers of passengers indus19 tries; 

20 (3) industry safety experts; and 

21 (4) insurance company representatives. 

22 (c) DUTIES.—The Committee shall— 

23 (1) establish and utilize a scale for determining 

24 the effectiveness of each Federal Motor Carrier 


SSpencer on DSK4SPTVN1PROD with BILLS
13 

•HR 2120 IH

1 Safety Regulation as the regulation relates to reduc2 ing fatalities and bodily injury; 

3 (2) identify, in original or modified form, those 

4 Federal Motor Carrier Safety Regulations that pos5 sess the highest propensity for reducing fatalities 

6 and bodily injuries; 

7 (3) identify statutory provisions that impede the 

8 elimination of burdensome, ineffective, and duplica9 tive Federal regulations; 

10 (4) consider methods for improved record reten11 tion requirements through electronic media; and 

12 (5) identify conflicting definitions relating to 

13 motor carriers of passengers in statutes and regula14 tions. 

15 (d) REPORT TO CONGRESS.—Not later than 1 year 

16 after the date of enactment of this Act, the Secretary shall 

17 submit to Congress a report on the activities and findings 

18 of the Committee, including recommendations for statu19 tory revisions to achieve the goals described in subsection 

20 (a). 

21 (e) REGULATORY ACTIONS.—After the date of sub22 mission of the report, the Secretary shall initiate regu23 latory actions to implement the recommendations of the 

24 Committee. 


SSpencer on DSK4SPTVN1PROD with BILLS
14 

•HR 2120 IH

1 SEC. 9. RULEMAKINGS IMPACTING MOTOR CARRIERS OF 

2 PASSENGERS. 

3 In a rulemaking proceeding impacting both motor 

4 carriers of property and motor carriers of passengers, the 

5 Secretary of Transportation shall provide a separate and 

6 distinct analysis, including a cost-benefit analysis, specific 

7 to the impact of the proposed rulemaking on motor car8 riers of passengers. 

9 SEC. 10. GAO STUDY ASSESSING EFFECTS OF CURRENT 

10 OVERSIGHT AND REGULATIONS. 

11 (a) STUDY.—The Comptroller General of the United 

12 States shall conduct a comprehensive study on— 

13 (1) the regulations affecting motor carriers of 

14 passengers that were finalized in the preceding 10 

15 years by the Federal Motor Carrier Safety Adminis16 tration and the National Highway Traffic Safety 

17 Administration to determine if the projected goals of 

18 the regulations are being realized, including reduc19 tions in fatalities and costs; 

20 (2) the negative effects of suspension, revoca21 tion, and out-of-service orders on motor carriers of 

22 passengers, the drivers of such carriers, communities 

23 (including schools, religious organizations, and other 

24 organizations), and financial institutions; and 

25 (3) the disparate effects of regulations of the 

26 Federal Motor Carrier Safety Administration and 


SSpencer on DSK4SPTVN1PROD with BILLS
15 

•HR 2120 IH

1 the National Highway Traffic Safety Administration 

2 finalized in the preceding 10 years on small fleet 

3 motor carriers of passengers consisting of 10 or 

4 fewer vehicles, and recommendations for exemptions 

5 and implementation strategies to mitigate the dis6 parate effects. 

7 (b) REPORT TO CONGRESS.—Not later than 1 year 

8 after the date of enactment of this Act, the Comptroller 

9 General shall submit to Congress a report on the results 

10 of the study. 

11 SEC. 11. PILOT PROGRAM ON INSPECTIONS. 

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

13 shall carry out a pilot program to compare the effective14 ness of prescheduled garage, terminal, or place of business 

15 vehicle and driver inspections with random destination in16 spections on motor carriers of passengers. 

17 (b) GOAL.—The goal of the pilot program shall be 

18 to determine which inspection method achieves a higher 

19 level of compliance with Federal Motor Carrier Safety 

20 Regulations and reductions in crashes and fatalities. 

21 (c) REPORT TO CONGRESS.—Not later than 2 years 

22 after the date of enactment of this Act, the Secretary shall 

23 submit to Congress a report on the results of the pilot 

24 program. 


SSpencer on DSK4SPTVN1PROD with BILLS
16 

•HR 2120 IH

1 SEC. 12. REQUIREMENTS FOR NHTSA. 

2 (a) NEW VEHICLE REQUIREMENTS.—The Secretary 

3 of Transportation may not promulgate any new regulatory 

4 mandates for motorcoaches or school buses that are not 

5 based solely on sound data and science that will directly 

6 reduce crashes or the effects thereof. All proposed modi7 fications to design or accessory requirements relating to 

8 motorcoaches or school buses shall be pursued by the Sec9 retary through the formal regulatory process based on a 

10 comprehensive cost-benefit analysis and sound scientific 

11 research. 

12 (b) INCLUSION OF INDUSTRY REGARDING AUTONO13 MOUS VEHICLE POLICY.—The Secretary shall include and 

14 consult with the motorcoach and school bus industries 

15 through its representatives, including motorcoach and 

16 school bus manufacturers, companies operating motor17 coaches and school buses, and motorcoach and school bus 

18 industry associations, in all phases of development of au19 tonomous vehicle policy and proposed regulations. 

20 SEC. 13. REQUIREMENTS FOR FTA. 

21 (a) PRIVATE SECTOR EXCLUSION SUMMARY.— 

22 (1) MANDATORY REPORTS.—As a condition for 

23 receiving funds made available under chapter 53 of 

24 title 49, United States Code, the Secretary of Trans25 portation shall require a recipient of such funds to 

26 report to the Secretary any instance in which a priVerDate Sep 11 2014 03:57 Apr 26, 2017 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2120.IH H2120

SSpencer on DSK4SPTVN1PROD with BILLS
17 

•HR 2120 IH

1 vate sector motor carrier of passengers or a private 

2 sector school bus passenger carrier providing charter 

3 or scheduled service is displaced by a public trans4 portation provider receiving financial assistance 

5 through the use of such funds. 

6 (2) VOLUNTARY REPORTS.—In addition to the 

7 reports required under paragraph (1), the Secretary 

8 shall allow a private sector motor carrier of pas9 sengers described in paragraph (1) to voluntary re10 port any instance described in paragraph (1). 

11 (3) REPORTING PROCEDURES.—The Secretary 

12 shall establish procedures for receiving reports under 

13 paragraphs (1) and (2). 

14 (4) ANNUAL REPORT TO CONGRESS.—Not later 

15 than 1 year after the date of enactment of this Act, 

16 and annually thereafter, the Secretary shall submit 

17 to Congress a report that contains a list of the re18 ports submitted in the prior year under paragraphs 

19 (1) and (2), including a description of the specific lo20 cations and estimated economic losses to private sec21 tor motor carriers of passengers and private sector 

22 school bus passenger carriers associated with each 

23 report. 

24 (b) PUBLIC MEETING DISCLOSURE WEBSITE.—As a 

25 condition for receiving funds made available under chapter 


SSpencer on DSK4SPTVN1PROD with BILLS
18 

•HR 2120 IH

1 53 of title 49, United States Code, the Secretary shall re2 quire a recipient of such funds to publish, on an Internet 

3 website to be established and maintained by the Secretary, 

4 a notice of any public meeting scheduled by the recipient. 

5 (c) COMBINED AGENCY BIENNIAL REPORTS.—The 

6 Secretary shall integrate the charter registration website 

7 of the Federal Transit Administration and the biennial up8 date website of the Federal Motor Carrier Safety Adminis9 tration so as to permit entities under the jurisdictions of 

10 those Administrations to make a single registration up11 date. 

12 (d) PRIVATE SECTOR ENGAGEMENT.— 

13 (1) EXPANDED CERTIFICATION.—As a condi14 tion for receiving funds made available under chap15 ter 53 of title 49, United States Code, the Secretary 

16 shall require a recipient of such funds to file with 

17 the Secretary an expanded certification of specific 

18 considerations and engagements utilized by the re19 cipient to encourage the participation of the private 

20 sector to the maximum extent feasible in projects 

21 and activities of the recipient involving the use of 

22 such funds. 

23 (2) PUBLIC AVAILABILITY OF CERTIFI24 CATIONS.—The Secretary shall ensure that certifiVerDate Sep 11 2014 03:57 Apr 26, 2017 Jkt 069200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H2120.IH H2120

SSpencer on DSK4SPTVN1PROD with BILLS
19 

•HR 2120 IH

1 cations made under this subsection appear on a pub2 lic Internet website administered by the Secretary. 

3 (e) CAPITAL COST OF CONTRACTING.— 

4 (1) EDUCATION PROGRAM.—The Secretary 

5 shall carry out a program to educate recipients of 

6 funds under chapter 53 of title 49, United States 

7 Code, on the use of capital cost of contracting for 

8 partnering with private sector motor carriers of pas9 sengers and private sector school bus passenger car10 riers. 

11 (2) STATE AND REGIONAL SESSIONS.—In car12 rying out the program, the Secretary shall conduct 

13 a series of State or regional (or both) sessions that 

14 will be open to the public and include participation 

15 by private sector motor carriers of passengers, pri16 vate sector school bus passenger carriers, and recipi17 ents of funds under chapter 53 of title 49, United 

18 States Code. 

19 (f) PRIVATE SECTOR PARTICIPATION.— 

20 (1) INCENTIVES FOR COMPETITIVELY CON21 TRACTED SERVICE.—Section 5323(i) of title 49, 

22 United States Code, is amended by adding at the 

23 end the following: 

24 ‘‘(3) INCENTIVES FOR COMPETITIVELY CON25 TRACTED SERVICE.— 


SSpencer on DSK4SPTVN1PROD with BILLS
20 

•HR 2120 IH

1 ‘‘(A) ELIGIBILITY.—Subject to subpara2 graph (C), a recipient of assistance under this 

3 chapter that meets the targets under subpara4 graph (B) for competitively contracted service 

5 shall be eligible, at the request of the recipient, 

6 for a Federal share of 90 percent for the capital 

7 cost of buses and bus-related facilities and 

8 equipment purchased with financial assistance 

9 made available under this chapter. 

10 ‘‘(B) TARGET.—To qualify for the com11 petitively contracted service incentive program 

12 under this paragraph, a public transit agency or 

13 governmental unit shall competitively contract 

14 for at least 20 percent of its fixed route bus 

15 service. The percentage of competitively con16 tracted service shall be calculated by deter17 mining the ratio of competitively contracted 

18 service vehicles operated in annual maximum 

19 service to total vehicles operated in annual max20 imum service. 

21 ‘‘(C) MAINTENANCE OF EFFORT.—A pub22 lic transit agency or governmental unit shall be 

23 eligible for an increased Federal share under 

24 this paragraph only if the amount of State and 

25 local funding provided to the affected public 


SSpencer on DSK4SPTVN1PROD with BILLS
21 

•HR 2120 IH

1 transit agency or governmental unit for the 

2 capital cost of buses and bus-related facilities 

3 and equipment will not be less than the average 

4 amount of funding for such purposes provided 

5 during the 3 fiscal years preceding the date of 

6 enactment of this paragraph. 

7 ‘‘(D) DEFINITIONS.—In this paragraph, 

8 the following definitions apply: 

9 ‘‘(i) COMPETITIVELY CONTRACTED

10 SERVICE.—The term ‘competitively con11 tracted service’ means fixed route bus 

12 transportation service purchased by a pub13 lic transit agency or governmental unit 

14 from a private sector motor carrier of pas15 sengers or a private sector school bus pas16 senger carrier based on a written contract. 

17 ‘‘(ii) VEHICLES OPERATED IN ANNUAL

18 MAXIMUM SERVICE.—The term ‘vehicles 

19 operated in annual maximum service’ 

20 means the number of transit vehicles oper21 ated to meet the annual maximum service 

22 requirement during the peak season of the 

23 year, on the week and day that maximum 

24 service is provided.’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
22 

•HR 2120 IH

1 (2) STRATEGIES TO REDUCE OR ELIMINATE IM2 PEDIMENTS TO PRIVATE SECTOR PARTICIPATION IN

3 PROVIDING PUBLIC TRANSPORTATION SERVICE.— 

4 (A) STUDY.—The Secretary shall conduct 

5 a study on— 

6 (i) private sector participation by pri7 vate sector motor carriers of passengers 

8 and private school bus passenger carriers 

9 in providing public transportation service; 

10 (ii) impediments to such participation; 

11 and 

12 (iii) strategies and recommendations 

13 taken to reduce or eliminate the impedi14 ments. 

15 (B) REPORT TO CONGRESS.— 

16 (i) IN GENERAL.—Not later than 1 

17 year after the date of enactment of this 

18 Act, the Secretary shall transmit to Con19 gress a report containing the results of the 

20 study. 

21 (ii) CONTENTS.—The report shall in22 clude summaries and observations from 

23 various trade associations representing the 


SSpencer on DSK4SPTVN1PROD with BILLS
23 

•HR 2120 IH

1 private sector motor carriers of passengers 

2 industries. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS