I 

112TH CONGRESS 

1ST SESSION H. R. 1795 

To promote increased public transportation use, to promote increased use 

of alternative fuels in providing public transportation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 6, 2011 

Mr. DEFAZIO (for himself, Ms. HIRONO, Mr. FILNER, Mr. LARSEN of Washington, Mr. NADLER, Mr. BISHOP of New York, Mr. BOSWELL, Mr. 

CUMMINGS, Ms. RICHARDSON, Mr. QUIGLEY, and Mr. LIPINSKI) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Oversight and Government Reform, 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 promote increased public transportation use, to promote 

increased use of alternative fuels in providing public 

transportation, 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. 

4 This Act may be cited as the ‘‘Providing Gas Price 

5 Relief Through Public Transportation Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) In 2008, during a year of record-high gas 

2 prices, people in the United States took more than 

3 10,500,000,000 trips using public transportation, 

4 the highest level in 50 years. 

5 (2) Public transportation use in the United 

6 States is up 31 percent since 1995, a figure that is 

7 more than double the growth rate of the Nation’s 

8 population and is substantially greater than the 

9 growth rate for vehicle miles traveled on the Na10 tion’s highways for that same period. 

11 (3) High gas prices in 2011 are expected to 

12 drive the demand for transit services even higher, 

13 with some estimates showing that $5-per-gallon gas 

14 could result in a nearly 15 percent jump in transit 

15 ridership. 

16 (4) Based on the price of gas in March 2011, 

17 riding public transportation saves households an av18 erage of $825 per month, or nearly $10,000 per 

19 year. 

20 (5) Despite increasing demand for transit serv21 ices, widespread cuts in State and local funding have 

22 caused 59 percent of public transit systems in the 

23 United States to raise fares or cut service since Jan24 uary 2009. 


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1 (6) Although under existing laws Federal em2 ployees in the National Capital Region receive tran3 sit benefits, transit benefits should be available to all 

4 Federal employees in the United States so that the 

5 Federal Government sets a leading example of great6 er public transportation use. 

7 (7) Public transportation stakeholders should 

8 engage and involve local communities in the edu9 cation and promotion of the importance of utilizing 

10 public transportation. 

11 (8) Increasing public transportation use is a na12 tional priority. 

13 SEC. 3. GRANTS TO IMPROVE PUBLIC TRANSPORTATION 

14 SERVICES. 

15 (a) AUTHORIZATIONS OF APPROPRIATIONS.— 

16 (1) URBANIZED AREA FORMULA GRANTS.—In 

17 addition to amounts allocated under section 

18 5338(b)(2)(B) of title 49, United States Code, to 

19 carry out section 5307 of such title, there is author20 ized to be appropriated $750,000,000 for each of fis21 cal years 2011 and 2012 to carry out such section. 

22 Such funds shall be apportioned not later than 7 

23 days after the date on which the funds are appro24 priated, in accordance with section 5336 (other than 

25 subsections (i)(1) and (j)) of such section but may 


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1 not be combined or commingled with any other 

2 funds apportioned under such section 5336. 

3 (2) FORMULA GRANTS FOR OTHER THAN UR4 BANIZED AREAS.—In addition to amounts allocated 

5 under section 5338(b)(2)(G) of title 49, United 

6 States Code, to carry out section 5311 of such title, 

7 there is authorized to be appropriated $100,000,000 

8 for each of fiscal years 2011 and 2012 to carry out 

9 such section 5311. Such funds shall be apportioned 

10 not later than 7 days after the date on which the 

11 funds are appropriated, in accordance with such sec12 tion 5311 but may not be combined or commingled 

13 with any other funds apportioned under such section 

14 5311. 

15 (b) USE OF FUNDS.—Notwithstanding sections 5307 

16 and 5311 of title 49, United States Code, the Secretary 

17 of Transportation may make grants under such sections 

18 from amounts appropriated under subsection (a) only for 

19 one or more of the following: 

20 (1) If the recipient of the grant is reducing, or 

21 certifies to the Secretary within the time the Sec22 retary prescribes that, during the term of the grant, 

23 the recipient will reduce one or more fares the re24 cipient charges for public transportation, or in the 

25 case of subsection (f) of such section 5311, intercity 


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1 bus service, those operating costs of equipment and 

2 facilities being used to provide the public transpor3 tation, or in the case of subsection (f) of such sec4 tion 5311, intercity bus service, that the recipient is 

5 no longer able to pay from the revenues derived 

6 from such fare or fares as a result of such reduction. 

7 (2) To avoid increases in fares for public trans8 portation, or in the case of subsection (f) of such 

9 section 5311, intercity bus service, or decreases in 

10 current public transportation service, or in the case 

11 of subsection (f) of such section 5311, intercity bus 

12 service, that would otherwise result from an increase 

13 in costs to the public transportation or intercity bus 

14 agency for transportation-related fuel or meeting ad15 ditional transportation-related equipment or facility 

16 maintenance needs, if the recipient of the grant cer17 tifies to the Secretary within the time the Secretary 

18 prescribes that, during the term of the grant, the re19 cipient will not increase the fares that the recipient 

20 charges for public transportation, or in the case of 

21 subsection (f) of such section 5311, intercity bus 

22 service, or, will not decrease the public transpor23 tation service, or in the case of subsection (f) of 

24 such section 5311, intercity bus service, that the re25 cipient provides. 


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1 (3) If the recipient of the grant is expanding, 

2 or certifies to the Secretary within the time the Sec3 retary prescribes that, during the term of the grant, 

4 the recipient will expand public transportation serv5 ice, or in the case of subsection (f) of such section 

6 5311, intercity bus service, those operating and cap7 ital costs of equipment and facilities being used to 

8 provide the public transportation service, or in the 

9 case of subsection (f) of such section 5311, intercity 

10 bus service, that the recipient incurs as a result of 

11 the expansion of such service. 

12 (4) If the recipient of the grant is acquiring, or 

13 certifies to the Secretary within the time the Sec14 retary prescribes that, during the term of the grant, 

15 the recipient will acquire, clean fuel or alternative 

16 fuel vehicle-related equipment or facilities for the 

17 purpose of improving fuel efficiency, the costs of ac18 quiring the equipment or facilities. 

19 (5) If the recipient of the grant is establishing 

20 or expanding, or certifies to the Secretary within the 

21 time the Secretary prescribes that, during the term 

22 of the grant, the recipient will establish or expand 

23 commuter matching services to provide commuters 

24 with information and assistance about alternatives 


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1 to single occupancy vehicle use, those administrative 

2 costs in establishing or expanding such services. 

3 (c) FEDERAL SHARE.—Notwithstanding any other 

4 provision of law, the Federal share of the costs for which 

5 a grant is made under this section shall be 100 percent. 

6 (d) PERIOD OF AVAILABILITY.—Funds appropriated 

7 under this section shall remain available for a period of 

8 2 fiscal years. 

9 SEC. 4. INCREASED FEDERAL SHARE FOR CLEAN AIR ACT 

10 COMPLIANCE. 

11 Notwithstanding section 5323(i)(1) of title 49, 

12 United States Code, a grant for a project to be assisted 

13 under chapter 53 of such title during fiscal years 2011 

14 and 2012 that involves acquiring clean fuel or alternative 

15 fuel vehicle-related equipment or facilities for the purposes 

16 of complying with or maintaining compliance with the 

17 Clean Air Act (42 U.S.C. 7401 et seq.) shall be for 100 

18 percent of the net project cost of the equipment or facility 

19 attributable to compliance with that Act unless the grant 

20 recipient requests a lower grant percentage. 

21 SEC. 5. TRANSPORTATION FRINGE BENEFITS. 

22 (a) IN GENERAL.—Requirement that agencies offer 

23 transit pass transportation fringe benefits to their employ24 ees nationwide.— 


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1 (1) IN GENERAL.—Section 3049(a)(1) of the 

2 Safe, Accountable, Flexible, Efficient Transportation 

3 Equity Act: A Legacy for Users (5 U.S.C. 7905 

4 note; 119 Stat. 1711) is amended— 

5 (A) by striking ‘‘Effective’’ and all that 

6 follows through ‘‘each covered agency’’ and in7 serting ‘‘Each agency’’; and 

8 (B) by inserting ‘‘at a location in an ur9 banized area of the United States that is served 

10 by fixed route public transportation’’ before 

11 ‘‘shall be offered’’. 

12 (2) CONFORMING AMENDMENTS.—Section 

13 3049(a) of such Act (5 U.S.C. 7905 note; 119 Stat. 

14 1711) is amended— 

15 (A) in paragraph (3)— 

16 (i) by striking subparagraph (A); and 

17 (ii) by redesignating subparagraphs 

18 (B) through (F) as subparagraphs (A) 

19 through (E), respectively; and 

20 (B) in paragraph (4) by striking ‘‘a cov21 ered agency’’ and inserting ‘‘an agency’’. 

22 (b) BENEFITS DESCRIBED.—Section 3049(a)(2) of 

23 such Act (5 U.S.C. 7905 note; 119 Stat. 1711) is amended 

24 by striking the period at the end and inserting the fol25 lowing: ‘‘, except that the maximum level of such benefits 


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1 shall be the maximum amount which may be excluded 

2 from gross income for qualified parking as in effect for 

3 a month under section 132(f)(2)(B) of the Internal Rev4 enue Code of 1986.’’. 

5 (c) GUIDANCE.—Section 3049(a) of such Act (5 

6 U.S.C. 7905 note; 119 Stat. 1711) is amended by adding 

7 at the end the following: 

8 ‘‘(5) GUIDANCE.— 

9 ‘‘(A) ISSUANCE.—Not later than 60 days 

10 after the date of enactment of this paragraph, 

11 the Secretary of Transportation shall issue 

12 guidance on nationwide implementation of the 

13 transit pass transportation fringe benefits pro14 gram under this subsection. 

15 ‘‘(B) UNIFORM APPLICATION.— 

16 ‘‘(i) IN GENERAL.—The guidance to 

17 be issued under subparagraph (A) shall 

18 contain a uniform application for use by all 

19 Federal employees applying for benefits 

20 from an agency under the program. 

21 ‘‘(ii) REQUIRED INFORMATION.—As 

22 part of such an application, an employee 

23 shall provide, at a minimum, the employ24 ee’s home and work addresses, a break25 down of the employee’s commuting costs, 


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1 and a certification of the employee’s eligi2 bility for benefits under the program. 

3 ‘‘(iii) WARNING AGAINST FALSE

4 STATEMENTS.—Such an application shall 

5 contain a warning against making false 

6 statements in the application. 

7 ‘‘(C) INDEPENDENT VERIFICATION RE8 QUIREMENTS.—The guidance to be issued 

9 under subparagraph (A) shall contain inde10 pendent verification requirements to ensure 

11 that, with respect to an employee of an agen12 cy— 

13 ‘‘(i) the eligibility of the employee for 

14 benefits under the program is verified by 

15 an official of the agency; 

16 ‘‘(ii) employee commuting costs are 

17 verified by an official of the agency; and 

18 ‘‘(iii) records of the agency are 

19 checked to ensure that the employee is not 

20 receiving parking benefits from the agency. 

21 ‘‘(D) PROGRAM IMPLEMENTATION RE22 QUIREMENTS.—The guidance to be issued 

23 under subparagraph (A) shall contain program 

24 implementation requirements applicable to each 

25 agency to ensure that— 


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1 ‘‘(i) benefits provided by the agency 

2 under the program are adjusted in cases of 

3 employee travel, leave, or change of ad4 dress; 

5 ‘‘(ii) removal from the program is in6 cluded in the procedures of the agency re7 lating to an employee separating from em8 ployment with the agency; and 

9 ‘‘(iii) benefits provided by the agency 

10 under the program are made available 

11 using an electronic format (rather than 

12 using paper fare media) where such a for13 mat is available for use. 

14 ‘‘(E) ENFORCEMENT AND PENALTIES.— 

15 The guidance to be issued under subparagraph 

16 (A) shall contain a uniform administrative pol17 icy on enforcement and penalties. Such policy 

18 shall be implemented by each agency to ensure 

19 compliance with program requirements, to pre20 vent fraud and abuse, and, as appropriate, to 

21 penalize employees who have abused or misused 

22 the benefits provided under the program. 

23 ‘‘(F) PERIODIC REVIEWS.—The guidance 

24 to be issued under subparagraph (A) shall re25 quire each agency, not later than September 1 


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1 of the first fiscal year beginning after the date 

2 of enactment of this paragraph, and every 3 

3 years thereafter, to develop and submit to the 

4 Secretary a review of the agency’s implementa5 tion of the program. Each such review shall 

6 contain, at a minimum, the following: 

7 ‘‘(i) An assessment of the agency’s 

8 implementation of the guidance, including 

9 a summary of the audits and investiga10 tions, if any, of the program conducted by 

11 the Inspector General of the agency. 

12 ‘‘(ii) Information on the total number 

13 of employees of the agency that are partici14 pating in the program. 

15 ‘‘(iii) Information on the total number 

16 of single occupancy vehicles removed from 

17 the roadway network as a result of partici18 pation by employees of the agency in the 

19 program. 

20 ‘‘(iv) Information on energy savings 

21 and emissions reductions, including reduc22 tions in greenhouse gas emissions, result23 ing from reductions in single occupancy ve24 hicle use by employees of the agency that 

25 are participating in the program. 


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1 ‘‘(v) Information on reduced conges2 tion and improved air quality resulting 

3 from reductions in single occupancy vehicle 

4 use by employees of the agency that are 

5 participating in the program. 

6 ‘‘(vi) Recommendations to increase 

7 program participation and thereby reduce 

8 single occupancy vehicle use by Federal 

9 employees nationwide. 

10 ‘‘(6) REPORTING REQUIREMENTS.—Not later 

11 than September 30 of the first fiscal year beginning 

12 after the date of enactment of this paragraph, and 

13 every 3 years thereafter, the Secretary shall submit 

14 to the Committee on Transportation and Infrastruc15 ture and the Committee on Oversight and Govern16 ment Reform of the House of Representatives and 

17 the Committee on Banking, Housing, and Urban Af18 fairs of the Senate a report on nationwide implemen19 tation of the transit pass transportation fringe bene20 fits program under this subsection, including a sum21 mary of the information submitted by agencies pur22 suant to paragraph (5)(F).’’. 

23 (d) EFFECTIVE DATE.—Except as otherwise specifi24 cally provided, the amendments made by this section shall 


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1 become effective on the first day of the first fiscal year 

2 beginning after the date of enactment of this Act. 

3 SEC. 6. CAPITAL COST OF CONTRACTING VANPOOL PILOT 

4 PROGRAM. 

5 (a) ESTABLISHMENT.—The Secretary of Transpor6 tation shall establish and implement a pilot program to 

7 carry out vanpool demonstration projects in not more than 

8 3 urbanized areas and not more than 2 other than urban9 ized areas. 

10 (b) PILOT PROGRAM.— 

11 (1) IN GENERAL.—Notwithstanding section 

12 5323(i) of title 49, United States Code, for each 

13 project selected for participation in the pilot pro14 gram, the Secretary shall allow the non-Federal 

15 share provided by a recipient of assistance for a cap16 ital project under chapter 53 of such title to include 

17 the amounts described in paragraph (2). 

18 (2) CONDITIONS ON ACQUISITION OF VANS.— 

19 The amounts referred to in paragraph (1) are any 

20 amounts expended by a private provider of public 

21 transportation by vanpool for the acquisition of vans 

22 to be used by such private provider in the recipient’s 

23 service area, excluding any amounts the provider 

24 may have received in Federal, State, or local govern25 ment assistance for such acquisition, if the private 


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1 provider enters into a legally binding agreement with 

2 the recipient that requires the private provider to 

3 use all revenues it receives in providing public trans4 portation in such service area, in excess of its oper5 ating costs, for the purpose of acquiring vans to be 

6 used by the private provider in such service area. 

7 (c) PROGRAM TERM.—The Secretary may approve an 

8 application for a vanpool demonstration project for fiscal 

9 years 2011 through 2012. 

10 (d) REPORT TO CONGRESS.—Not later than one year 

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

12 submit to the Committee on Transportation and Infra13 structure of the House of Representatives and the Com14 mittee on Banking, Housing, and Urban Affairs of the 

15 Senate a report containing an assessment of the costs, 

16 benefits, and efficiencies of the vanpool demonstration 

17 projects. 

Æ 


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