II 

112TH CONGRESS 

1ST SESSION S. 909 

To amend title 49, United States Code, to permit certain revenues of private 

providers of public transportation by vanpool received from providing 

public transportation to be used for the purpose of acquiring rolling 

stock, and to permit certain expenditures of private vanpool contractors 

to be credited toward the local matching share of the costs of public 

transportation projects, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 5, 2011 

Ms. MURKOWSKI (for herself and Mr. BEGICH) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To amend title 49, United States Code, to permit certain 

revenues of private providers of public transportation 

by vanpool received from providing public transportation 

to be used for the purpose of acquiring rolling stock, 

and to permit certain expenditures of private vanpool 

contractors to be credited toward the local matching 

share of the costs of public transportation projects, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Private Investment in 

3 Commuter Vanpooling Act of 2011’’. 

4 SEC. 2. GOVERNMENT’S SHARE OF COSTS FOR PUBLIC 

5 TRANSPORTATION PROJECTS. 

6 Section 5323 of title 49, United States Code, is 

7 amended by adding at the end the following: 

8 ‘‘(q) COSTS INCURRED BY PRIVATE PROVIDERS OF

9 PUBLIC TRANSPORTATION BY VANPOOL.— 

10 ‘‘(1) DEFINITIONS.—In this subsection, the fol11 lowing definitions shall apply: 

12 ‘‘(A) PRIVATE PROVIDER OF PUBLIC

13 TRANSPORTATION BY VANPOOL.—The term 

14 ‘private provider of public transportation by 

15 vanpool’ means a private entity that— 

16 ‘‘(i) provides vanpool services in the 

17 service area of a recipient of assistance 

18 under this chapter using a commuter high19 way vehicle or vanpool vehicle; and 

20 ‘‘(ii) has entered into a service agree21 ment with a recipient of assistance under 

22 this chapter. 

23 ‘‘(B) COMMUTER HIGHWAY VEHICLE OR

24 VANPOOL VEHICLE.—The term ‘commuter high25 way vehicle or vanpool vehicle’ means any vehi26 cle— 


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1 ‘‘(i) the seating capacity of which is 

2 not fewer than 6 adults (not including the 

3 driver); and 

4 ‘‘(ii) not less than 80 percent of the 

5 mileage use of which is reasonably ex6 pected to be for the purpose of trans7 porting commuters in connection with trav8 el between their residences and their place 

9 of employment. 

10 ‘‘(2) LOCAL MATCHING SHARE.—The non-Fed11 eral share of the cost of a capital project under this 

12 chapter may include an amount equal to— 

13 ‘‘(A) any amount expended by a private 

14 provider of public transportation by vanpool for 

15 the acquisition of rolling stock to be used by the 

16 private provider of public transportation by 

17 vanpool in the service area of the recipient; less 

18 ‘‘(B) any amount the private provider of 

19 public transportation by vanpool has received 

20 from the Federal Government or a State or 

21 local government for the acquisition of the roll22 ing stock. 

23 ‘‘(3) USE OF REVENUES.—A private provider of 

24 public transportation by vanpool may use revenues 

25 received from providing public transportation service 


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1 in the service area of a recipient of assistance under 

2 this chapter that are in excess of the operating costs 

3 of the private provider of public transportation by 

4 vanpool for the purpose of acquiring rolling stock, if 

5 the private provider of public transportation by van6 pool enters into a legally binding agreement with the 

7 recipient that requires the private provider of public 

8 transportation by vanpool to use the rolling stock in 

9 the service area of the recipient.’’ 

Æ 


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