Sec. 2302. Bus procurement streamlining
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Section 5323 of title 49, United States Code, is amended by adding at the end the following: The Secretary may only obligate amounts for acquisition of buses under this chapter to a recipient that issues a request for proposals for an open market procurement that meets the following criteria: Such request for proposals is limited to performance specifications, except for components or subcomponents identified in the negotiated rulemaking carried out pursuant to this subsection.
Such request for proposals does not seek any alternative design or manufacture specification of a bus offered by a manufacturer, except to require a component or subcomponent identified in the negotiated rulemaking carried out pursuant to this subsection. Not later than 120 days after the date of enactment of the INVEST in America Act , the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and issue such regulations as are necessary to establish as limited a list as is practicable of bus components and subcomponents described in subparagraph (B).
The regulations required under subparagraph
(A)shall establish a list of bus components and subcomponents that may be specified in a request for proposals described in paragraph
(1)by a recipient. The Secretary shall ensure the list is limited in scope and limited to only components and subcomponents that cannot be selected with performance specifications to ensure interoperability. Proposed regulations to implement this section shall be published in the Federal Register by the Secretary not later than 18 months after such date of enactment. A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this paragraph shall have a maximum of 11 members limited to representatives of the Department of Transportation, urban and rural recipients (including State government recipients), and transit vehicle manufacturers. A deadline set forth in subparagraph
(C)may be extended up to 180 days if the negotiated rulemaking committee referred to in subparagraph
(D)concludes that the committee cannot meet the deadline and the Secretary so notifies the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. Nothing in this section shall be construed to provide additional authority for the Secretary to restrict what a bus manufacturer offers to sell to a public transportation agency. .