I 

111TH CONGRESS 

2D SESSION H. R. 5418 

To provide emergency operating funds for public transportation. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2010 

Mr. MCMAHON introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To provide emergency operating funds for public 

transportation. 

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 ‘‘Public Transportation 

5 Preservation Act of 2010’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The American Public Transportation Asso9 ciation estimates that since January 1, 2009, 84 

10 percent of transit systems have raised fares, cut 

11 service or are considering one of those actions. 


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1 (2) Many low-income workers, older Americans, 

2 and people with disabilities depend on transit service 

3 to get to jobs and health care. Reduced service and 

4 higher fares can have a devastating effect on their 

5 quality of life. 

6 (3) Millions of Americans use transit every day. 

7 Reduced transit service makes it harder for workers 

8 to access jobs and puts more cars on the road, wors9 ening already bad traffic congestion in many metro10 politan areas. 

11 SEC. 3. EMERGENCY OPERATING FUNDS FOR PUBLIC 

12 TRANSPORTATION. 

13 (a) GENERAL AUTHORITY.—The Secretary of Trans14 portation may make grants to States and designated re15 cipients that receive funding under chapter 53, United 

16 States Code, for the operating costs of equipment and fa17 cilities for use in public transportation. 

18 (b) APPORTIONMENT OF FUNDS.—Of the funds 

19 made available under this section— 

20 (1) 80 percent shall be apportioned in accord21 ance with section 5336 of title 49, United States 

22 Code; 

23 (2) 10 percent shall be apportioned in accord24 ance with section 5340 of title 49, United States 

25 Code; and 


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1 (3) 10 percent shall be apportioned to other 

2 than urbanized areas in accordance with section 

3 5311 of title 49, United States Code. 

4 (c) USE OF FUNDS.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the amounts apportioned to a State or ur7 banized area pursuant to subsection (b) shall be 

8 used— 

9 (A) for operating expenses necessary to— 

10 (i) restore a reduction in public trans11 portation service and related workforce re12 ductions; or 

13 (ii) rescind all or a portion of a fare 

14 increase; 

15 if such reduction or increase was due to de16 creased State or local funding or farebox rev17 enue, that occurred on or after January 1, 

18 2009; and 

19 (B) to prevent reductions or increases de20 scribed in subparagraph (A) through September 

21 30, 2011. 

22 (2) EXCEPTION.— 

23 (A) IN GENERAL.—If a recipient submits a 

24 certification to the Secretary that the recipient 

25 has not had a major reduction in public transVerDate Mar 15 2010 22:40 May 27, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5418.IH H5418

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1 portation service, as described in section 

2 5307(d)(1)(I) of title 49, United States Code, 

3 or a fare increase as a result of decreased State 

4 or local operating funding, and will be able to 

5 avoid such reductions or increases through Sep6 tember 30, 2011, without the funds made avail7 able by this section, a recipient may use the 

8 funds to replace, rehabilitate, or repair existing 

9 transit capital assets used in public transpor10 tation as defined under section 5302(a)(10) of 

11 title 49, United States Code. 

12 (B) USE OF REMAINING FUNDS.—A recipi13 ent may use any remaining funds made avail14 able by this section to replace, rehabilitate, or 

15 repair existing transit capital assets used in 

16 public transportation as defined under section 

17 5302(a)(10) of title 49, United States Code if 

18 that recipient has— 

19 (i) restored a major reduction in pub20 lic transportation service or rescinded a 

21 fare increase; and 

22 (ii) is able to avoid reductions or in23 creases described in paragraph (1)(B). 

24 (d) REQUIREMENTS.—Applicable requirements of 

25 chapter 53 of title 49, United States Code, shall apply to 


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1 funding provided under this section. Section 1101(b) of 

2 Public Law 109–59 (119 Stat. 1156) shall apply to fund3 ing provided under this section. 

4 (e) GOVERNMENT SHARE OF COSTS.—A grant under 

5 this section shall be, at the option of the recipient, up to 

6 100 percent of the net cost of the project. 

7 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to carry out this section 

9 $2,000,000,000 to remain available for obligation through 

10 September 30, 2011. 

11 (g) FUNDS AVAILABILITY.—Funds apportioned 

12 under this section and obligated on or before September 

13 30, 2011, shall be expended on or before July 1, 2012. 

14 (h) OVERSIGHT.—Three-quarters of 1 percent of the 

15 funds available under paragraphs (1) and (2) of sub16 section (b), and one-half of 1 percent of the funds avail17 able under paragraph (3) of subsection (b), shall be pro18 vided for administrative expenses and program manage19 ment oversight, and such funds shall be available through 

20 September 30, 2013. 

Æ 


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