II 

111TH CONGRESS 

2D SESSION S. 3412 

To provide emergency operating funds for public transportation. 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2010 

Mr. DODD (for himself, Mr. MENENDEZ, Mr. DURBIN, Mr. SCHUMER, Mr. 

LAUTENBERG, Mr. BROWN of Ohio, Mr. REED, and Mrs. GILLIBRAND) 

introduced the following bill; which was read twice and referred to the 

Committee on Banking, Housing, and Urban Affairs 

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 


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1 percent of transit systems have raised fares, cut 

2 service or are considering one of those actions. 

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

4 and people with disabilities depend on transit service 

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

6 higher fares can have a devastating effect on their 

7 quality of life. 

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

9 Reduced transit service makes it harder for workers 

10 to access jobs and puts more cars on the road, wors11 ening already bad traffic congestion in many metro12 politan areas. 

13 SEC. 3. EMERGENCY OPERATING FUNDS FOR PUBLIC 

14 TRANSPORTATION. 

15 (a) GENERAL AUTHORITY.—The Secretary of Trans16 portation may make grants to States and designated re17 cipients that receive funding under chapter 53, United 

18 States Code, for the operating costs of equipment and fa19 cilities for use in public transportation. 

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

21 made available under this section— 

22 (1) 80 percent shall be apportioned in accord23 ance with section 5336 of title 49, United States 

24 Code; 


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1 (2) 10 percent shall be apportioned in accord2 ance with section 5340 of title 49, United States 

3 Code; and 

4 (3) 10 percent shall be apportioned to other 

5 than urbanized areas in accordance with section 

6 5311 of title 49, United States Code. 

7 (c) USE OF FUNDS.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the amounts apportioned to a State or ur10 banized area pursuant to subsection (b) shall be 

11 used— 

12 (A) for operating expenses necessary to— 

13 (i) restore a reduction in public trans14 portation service and related workforce re15 ductions; or 

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

17 increase; 

18 if such reduction or increase was due to de19 creased State or local funding or farebox rev20 enue, that occurred on or after January 1, 

21 2009; and 

22 (B) to prevent reductions or increases de23 scribed in subparagraph (A) through September 

24 30, 2011. 

25 (2) EXCEPTION.— 


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

2 certification to the Secretary that the recipient 

3 has not had a major reduction in public trans4 portation service, as described in section 

5 5307(d)(1)(I) of title 49, United States Code, 

6 or a fare increase as a result of decreased State 

7 or local operating funding, and will be able to 

8 avoid such reductions or increases through Sep9 tember 30, 2011, without the funds made avail10 able by this section, a recipient may use the 

11 funds to replace, rehabilitate, or repair existing 

12 transit capital assets used in public transpor13 tation as defined under section 5302(a)(10) of 

14 title 49, United States Code. 

15 (B) USE OF REMAINING FUNDS.—A recipi16 ent may use any remaining funds made avail17 able by this section to replace, rehabilitate, or 

18 repair existing transit capital assets used in 

19 public transportation as defined under section 

20 5302(a)(10) of title 49, United States Code if 

21 that recipient has— 

22 (i) restored a major reduction in pub23 lic transportation service or rescinded a 

24 fare increase; and 


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1 (ii) is able to avoid reductions or in2 creases described in paragraph (1)(B). 

3 (d) REQUIREMENTS.—Applicable requirements of 

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

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

6 Public Law 109–59 (119 Stat. 1156) shall apply to fund7 ing provided under this section. 

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

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

10 100 percent of the net cost of the project. 

11 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to carry out this section 

13 $2,000,000,000 to remain available for obligation through 

14 September 30, 2011. 

15 (g) FUNDS AVAILABILITY.—Funds apportioned 

16 under this section and obligated on or before September 

17 30, 2011, shall be expended on or before July 1, 2012. 

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

19 funds available under paragraphs (1) and (2) of sub20 section (b), and one-half of 1 percent of the funds avail21 able under paragraph (3) of subsection (b), shall be pro22 vided for administrative expenses and program manage23 ment oversight, and such funds shall be available through 

24 September 30, 2013. 

Æ 


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