II 

111TH CONGRESS 

2D SESSION S. 3189 

To amend title 49, United States Code, to allow for additional transportation 

assistance grants. 

IN THE SENATE OF THE UNITED STATES 

MARCH 26 (legislative day, MARCH 25), 2010 

Mr. BROWN of Ohio (for himself and Mr. WYDEN) introduced the following 

bill; which was read twice and referred to the Committee on Banking, 

Housing, and Urban Affairs 

A BILL 

To amend title 49, United States Code, to allow for 

additional transportation assistance grants. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXPANSION OF TRANSIT OPERATING ASSIST4 ANCE GRANT PROGRAM. 

5 Section 5307(b) of title 49, United States Code, is 

6 amended— 

7 (1) in paragraph (1)— 

8 (A) in subparagraph (D), by striking ‘‘of 

9 less than 200,000’’ and inserting ‘‘of— 

10 ‘‘(i) less than 200,000; 


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1 ‘‘(ii) not less than 200,000, and less 

2 than 400,000, if the State or regional au3 thority providing public transportation for 

4 the area operates at least 100 buses in 

5 fixed-route service in the area during peak 

6 service hours; 

7 ‘‘(iii) not less than 400,000, and less 

8 than 600,000, if the State or regional au9 thority providing public transportation for 

10 the area operates at least 100 buses in 

11 fixed-route service in the area during peak 

12 service hours; 

13 ‘‘(iv) not less than 600,000, and less 

14 than 800,000, if the State or regional au15 thority providing public transportation for 

16 the area operates at least 100 buses in 

17 fixed-route service in the area during peak 

18 service hours; 

19 ‘‘(v) not less than 800,000, and less 

20 than 1,000,000, if the State or regional 

21 authority providing public transportation 

22 for the area operates at least 100 buses in 

23 fixed-route service in the area during peak 

24 service hours; and 


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1 ‘‘(vi) not less than 1,000,000, if the 

2 State or regional authority providing public 

3 transportation for the area operates at 

4 least 100 buses in fixed-route service in the 

5 area during peak service hours;’’. 

6 (2) in paragraph (2)— 

7 (A) by striking subparagraphs (B) through 

8 (D); and 

9 (B) by redesignating subparagraph (E) as 

10 subparagraph (B); 

11 (3) by redesignating paragraph (3) as para12 graph (6); and 

13 (4) by inserting after paragraph (2) the fol14 lowing: 

15 ‘‘(3) LIMITATIONS ON USE OF FUNDS.—A des16 ignated recipient may use— 

17 ‘‘(A) not more than 50 percent of the 

18 funds made available to the designated recipient 

19 under this section for activities described in 

20 paragraph (2)(D)(iii); 

21 ‘‘(B) not more than 45 percent of the 

22 funds made available to the designated recipient 

23 under this section for activities described in 

24 paragraph (2)(D)(iv); 


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1 ‘‘(C) not more than 40 percent of the 

2 funds made available to the designated recipient 

3 under this section for activities described in 

4 paragraph (2)(D)(v); 

5 ‘‘(D) not more than 35 percent of the 

6 funds made available to the designated recipient 

7 under this section for activities described in 

8 paragraph (2)(D)(vi); and 

9 ‘‘(E) not more than 30 percent of the 

10 funds made available to the designated recipient 

11 under this section for activities described in 

12 paragraph (2)(D)(vii). 

13 ‘‘(4) CONDITIONAL USE OF FUNDS IN AN UR14 BANIZED AREA WITH A POPULATION OF AT LEAST

15 200,000.— 

16 ‘‘(A) IN GENERAL.—For each of fiscal 

17 years 2010 through 2015 and subject to sub18 paragraph (B), a designated recipient may use 

19 a percentage of the funds made available to the 

20 designated recipient under this section, in addi21 tion to the percentage described in paragraph 

22 (3), to finance the operating costs of equipment 

23 and facilities for use in public transportation in 

24 an urbanized area with a population of not less 

25 than 200,000. 


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1 ‘‘(B) OPERATING COST.—To be eligible 

2 under subparagraph (A), the designated recipi3 ent’s percentage of revenue for the operating 

4 cost of equipment and facilities for use in public 

5 transportation from non-Federal sources (ex6 cluding farebox revenue) must be greater than 

7 such revenue from the previous fiscal year. 

8 ‘‘(C) LIMITATION.—The amount available 

9 for a grant under this paragraph shall not ex10 ceed the percentage of such increase. 

11 ‘‘(5) TIGGER GRANT.— 

12 ‘‘(A) IN GENERAL.—In addition to any 

13 other grant under this section, the Secretary 

14 may award a grant, from any funds that may 

15 be made available to carry out this section for 

16 each of fiscal years 2010 through 2015, to a 

17 designated recipient for the operating cost of 

18 equipment and facilities for use in public trans19 portation in an urbanized area with a popu20 lation of 200,000 or more, if the designated re21 cipient— 

22 ‘‘(i) was awarded a grant under the 

23 Transit Investments for Greenhouse Gas 

24 and Energy Reduction program, estab25 lished under the ninth proviso under the 


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1 heading ‘TRANSIT CAPITAL ASSISTANCE’ 

2 under the heading ‘FEDERAL TRANSIT AD3 MINISTRATION’ under the heading ‘DE4 PARTMENT OF TRANSPORTATION’ 

5 of title XII of division A of the American 

6 Recovery and Reinvestment Act of 2009 

7 (Public Law 111–105; 123 Stat. 210); and 

8 ‘‘(ii) demonstrates that the designated 

9 recipient has achieved— 

10 ‘‘(I) total energy savings of not 

11 less than 10 percent, as a result of a 

12 project funded using a grant under 

13 the Transit Investments for Green14 house Gas and Energy Reduction pro15 gram; 

16 ‘‘(II) energy savings of not less 

17 than 10 percent, as a percentage of 

18 the total energy usage of the public 

19 transit agency, as a result of a project 

20 funded using a grant under the Tran21 sit Investments for Greenhouse Gas 

22 and Energy Reduction program; or 

23 ‘‘(III) total greenhouse gas emis24 sion reduction of not less than 10 per25 cent as a result of a project funded 


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1 using a grant under the Transit In2 vestments for Greenhouse Gas and 

3 Energy Reduction program. 

4 ‘‘(B) FUNDS.—The Secretary shall use not 

5 less than 10 percent of the funds made avail6 able to carry out this section for grants under 

7 this paragraph.’’. 

Æ 


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