Following is the latest version of language proposed by the motorcoach industry to amend Senate Bill 1072 regarding transit competition:

Section 5323 is amended by striking subsection (d)(2)and adding at the end of subsection (d) the following--substituting in lieu thereof the following new subsection:

"(d) Conditions on Bus Transportation Service. -- Financial assistance under this chapter may be used to buy or operate a bus only if the recipient agrees to comply with the following conditions on bus transportation service.

"(12)(A)(A) Except for subparagraph (B), A recipient may provide incidental
charter bus service only within its lawful service area to fulfill charter bus service needs that are beyond the capacity of private operators and only under the following procedures -

"(i) on an annual basis, the recipient shall publish by electronic and other appropriate means a notice indicating its intent to offer incidental charter bus service within its lawful service area and soliciting notices from private bus operators that also wish to appear on a list of carriers offering charter bus service in that service area;

"(ii) a private bus operator that wants to appear on a list of carriers offering charter bus service in such service area must notify the recipient in that area on an annual basis;

"(iii) when a recipient receives a request for charter bus service, as soon as practicable the recipient must notify in an electronic format the private bus operators listed as offering charter service in that service area with the name and contact information of the requestor and the nature of the charter service request; and

"(iv) if no private bus operator indicates it is willing and able to provide the service within a 72-hour period from the receipt of such notice, then the recipient may offer to provide the charter bus service;

"(B) A recipient that operates 2,000 or fewer vehicles in fixed-route peak hour service may provide incidental charter bus transportation directly to -

"(i) local governments; provided, that local governments shall not become the broker for charter bus service for conventions, sporting events or other large-scale charter service opportunities unless the procedures of subparagraph 2(A) above are met, nor shall this exception disrupt private operators from providing school activity services; and

"(ii) social service entities with limited resources; provided, that private bus operators shall not be displaced from existing opportunities to provide such service.

"(BC) Service by a recipient to irregularly scheduled events, where the service is conducted in whole or in part outside the service area of the recipient, regardless of whether the service is contracted for individually with passengers, is subject to a rebuttable presumption that such service is charter service; provided that this presumption shall not apply if the service is commuter service.

"(CD) If the Secretary determines that a violation relating to the provision of charter service has occurred, the Secretary shall correct the violation. The Secretary shall be authorized to issue orders to recipients to cease and desist in such actions, and such orders shall be binding upon the parties. If a recipient fails to correct a violation within 60 days of receipt of a notice of violation from the Secretary, the Secretary shall withhold up to five percent (5%) of the financial assistance available to the recipient under this chapter for the next fiscal year, or up to $200,000, whichever is lesser.

"(DE) Complaints about violations of charter bus by recipients shall be considered under the following procedures:

"(i) a complaint must be submitted to the Regional Administrator of the Federal Transit Administration, who shall provide a reasonable opportunity for the recipient to respond to the complaint, and an opportunity for an informal hearing, and then shall issue a written decision within 60 days after the parties have completed their submissions;

"(ii) the decision of the Regional Administrator may be appealed to a panel comprised of the Federal Transit Administrator and personnel in the Office of the Secretary of Transportation and/or other persons with expertise in surface passenger transportation issues, which panel shall consider the complaint de novo on all issues of fact and law;

"(iii) the appeals panel shall issue a written decision on an appeal within 60 days after the completion of submissions, and that decision shall be the final order of the agency and subject to judicial review in district court;

"(EF) Within one year from the date of enactment of this Act, the Secretary shall complete a rulemaking to amend the regulations implementing this subsection.

"(23) Within one year from date of enactment of this Act, the Secretary shall complete a rulemaking that would impose restrictions, procedures and remedies in connection with sightseeing service by a recipient."

"(34) The Secretary shall make all written decisions, guidance and other pertinent materials relating to the procedures in this subsection available to the public in electronic and other appropriate formats in a timely manner."