I 

112TH CONGRESS 

1ST SESSION H. R. 3200 

To provide flexibility of certain transit functions to local entities. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 13, 2011 

Mr. CARNAHAN (for himself, Ms. BERKLEY, Mr. BERMAN, Mr. BOSWELL, Mr. 

BRADY of Texas, Mr. BRADY of Pennsylvania, Ms. BROWN of Florida, 

Mr. CAPUANO, Mr. CHANDLER, Ms. CHU, Mr. CONNOLLY of Virginia, 

Mr. CUMMINGS, Mr. DIAZ-BALART, Mr. DOYLE, Mr. ENGEL, Mr. FILNER, Mr. FRANK of Massachusetts, Mr. GONZALEZ, Mr. AL GREEN of 

Texas, Mr. GRIJALVA, Ms. HIRONO, Mr. JOHNSON of Georgia, Ms. KAPTUR, Mr. KING of New York, Mr. LANGEVIN, Mr. LARSEN of Washington, Mr. LATOURETTE, Mr. LEWIS of Georgia, Mr. LIPINSKI, Ms. 

MCCOLLUM, Mr. MCGOVERN, Mr. MCINTYRE, Ms. MOORE, Mr. NADLER, 

Mrs. NAPOLITANO, Ms. NORTON, Mr. PETERS, Mr. QUIGLEY, Mr. 

RAHALL, Mr. RANGEL, Ms. RICHARDSON, Ms. LINDA T. SA ́NCHEZ of 

California, Mr. DAVID SCOTT of Georgia, Mr. SHULER, Mr. SIRES, Ms. 

SUTTON, Mr. BISHOP of New York, Mr. CLAY, Mr. COHEN, Mr. DAVIS

of Illinois, Ms. DEGETTE, Mr. ELLISON, Ms. FUDGE, Mr. GARAMENDI, 

Mr. HASTINGS of Florida, Mr. HIGGINS, Mr. PALLONE, Mr. PERLMUTTER, Mr. TOWNS, Ms. TSONGAS, Mrs. MILLER of Michigan, Mrs. 

BIGGERT, Mr. TIBERI, Mr. LOBIONDO, Ms. BALDWIN, Mr. MORAN, Ms. 

WATERS, Mr. ACKERMAN, Mr. ALTMIRE, Mr. BARROW, Mr. BLUMENAUER, Mr. CARSON of Indiana, Mr. COSTELLO, Mr. DEUTCH, Mr. 

GUTIERREZ, Ms. MATSUI, Mr. GEORGE MILLER of California, Ms. WOOLSEY, Mr. PASCRELL, Mr. BRALEY of Iowa, Ms. JACKSON LEE of Texas, 

Ms. SEWELL, Mr. CLEAVER, Mr. CARTER, Ms. BORDALLO, Mr. KILDEE, 

Mrs. CAPPS, Mr. TONKO, Mr. JACKSON of Illinois, Ms. EDDIE BERNICE

JOHNSON of Texas, Mr. CLARKE of Michigan, Mr. LYNCH, Mr. PAYNE, 

Mr. CICILLINE, Mr. DINGELL, Mr. SERRANO, Mr. KEATING, Mr. WAXMAN, Mr. CROWLEY, Mr. KUCINICH, Mr. HOLDEN, Ms. EDWARDS, Mr. 

DEFAZIO, Mr. MICHAUD, Mr. GENE GREEN of Texas, Ms. LEE of California, and Mr. WALZ of Minnesota) introduced the following bill; which 

was referred to the Committee on Transportation and Infrastructure 


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A BILL 

To provide flexibility of certain transit functions to local 

entities. 

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 ‘‘Local Flexibility for 

5 Transit Assistance Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) While transit ridership has increased in the 

9 face of falling disposable income, transit agencies 

10 are being forced to implement some of the deepest 

11 service cuts, sharpest fare increases and layoffs as a 

12 result of declining revenues and increasing fuel 

13 prices. 

14 (2) According to the American Public Trans15 portation Association, over the past 2 years, 84 per16 cent of transit systems have raised fares, cut service, 

17 or are considering either of these measures in the 

18 near future. 

19 (3) Additionally, over the same period of time, 

20 transit systems across the country have seen a 56- 

21 percent reduction in rush hour service, a 62-percent 

22 reduction in off-peak service, and a 40-percent reVerDate Mar 15 2010 00:09 Oct 15, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3200.IH H3200

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1 duction in geographic coverage leaving thousands of 

2 transit drivers without a job. 

3 (4) These cuts have left thousands of transit 

4 dependent Americans without a way to get to work. 

5 (5) It is the policy of the Government to signifi6 cantly increase the number of individuals who have 

7 access to viable public transportation systems and 

8 services in order to maximize Americans’ ability to 

9 access jobs and economic opportunity. 

10 (6) It is the policy of the Government that the 

11 ability of all citizens to move quickly and at a rea12 sonable cost shall be increased, especially in light of 

13 the growth in highway traffic congestion and the re14 sulting cost to our Nation’s productivity and eco15 nomic strength. 

16 SEC. 3. URBANIZED AREA FORMULA GRANTS. 

17 Section 5307(b)(1) of title 49 is amended— 

18 (1) by redesignating subparagraphs (E) and 

19 (F) as subparagraphs (G) and (H), respectively; and 

20 (2) by inserting after subparagraph (D)— 

21 ‘‘(E) operating costs of equipment and fa22 cilities for use in public transportation in an ur23 banized area with a population of more than 

24 200,000 for a designated recipient, direct re25 cipient, or subrecipient under section 5311, proVerDate Mar 15 2010 00:09 Oct 15, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3200.IH H3200

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1 viding public transportation in the area and op2 erating less than 100 buses in fixed-route serv3 ice in such area during peak service hours.’’. 

4 SEC. 4. TARGETED AND TEMPORARY FLEXIBILITY FOR DES5 IGNATED RECIPIENTS IN CRISIS. 

6 Chapter 53 of title 49, United States Code, is amend7 ed by adding at the end the following: 

8 ‘‘SEC. 5341. TARGETED AND TEMPORARY FLEXIBILITY FOR 

9 DESIGNATED RECIPIENTS OR DIRECT RE10 CIPIENTS IN CRISIS. 

11 ‘‘(a) DEFINITION.—For purposes of this section the 

12 term ‘crisis period’ means that the unemployment rate, as 

13 defined by the Bureau of Labor Statistics, of any metro14 politan statistical area located within a designated recipi15 ent’s or direct recipient’s service area is at or higher than 

16 7 percent for the preceding month or the national average 

17 retail price of regular grade gasoline during a quarter, as 

18 reported by the United States Energy Information Admin19 istration, has increased by more than 10 percent compared 

20 to the same quarter during the previous year. 

21 ‘‘(b) CONDITIONS FOR FLEXIBILITY.— 

22 ‘‘(1) IN GENERAL.—If a designated recipient or 

23 direct recipient operates at least 100 buses in fixed24 route service during peak service hours, in an urban25 ized area with a population of more than 200,000, 


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1 and is certified under paragraph (3) as being in a 

2 crisis period, the agency may use funds provided 

3 under section 5307 for operating costs of equipment 

4 and facilities, subject to the conditions set forth in 

5 paragraphs (2) and (3). 

6 ‘‘(2) LIMITATION ON USE OF FUNDS.—A des7 ignated recipient or direct recipient that meets the 

8 criteria set forth in paragraph (1) may use— 

9 ‘‘(A) 50 percent of funds provided under 

10 section 5307 if it operates in an urbanized area 

11 with a population of more than 200,000 but 

12 less than 500,000; 

13 ‘‘(B) 45 percent of funds provided under 

14 section 5307 if it operates in an urbanized area 

15 with a population of more than 500,000 but 

16 less than 1,000,000; or 

17 ‘‘(C) 40 percent of funds provided under 

18 section 5307 if it operates in an urbanized area 

19 with a population of more than 1,000,000. 

20 ‘‘(3) CERTIFICATION BY SECRETARY.—To be el21 igible to use funds for operating costs of equipment 

22 and facilities under this section, a designated recipi23 ent or direct recipient shall request that the Sec24 retary certify, not later than 30 days after such re25 quest is made, that the agency is in a crisis period. 


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1 After each quarter, the Secretary shall monitor each 

2 designated recipient or direct recipient in a crisis pe3 riod to determine if the agency no longer qualifies 

4 as being in a crisis period. When the Secretary de5 termines that an agency is no longer in a crisis pe6 riod, the agency has 3 additional consecutive quar7 ters to use the funds for operating costs of equip8 ment and facilities. 

9 ‘‘SEC. 5342. LOCAL CONTROL OF TRANSIT OPERATING 

10 FLEXIBILITY. 

11 ‘‘(a) GENERAL ELIGIBILITY REQUIREMENTS.—If a 

12 designated recipient or direct recipient operates at least 

13 100 buses in fixed-route service during peak service hours 

14 and is in an urbanized area with a population of more 

15 than 200,000 and— 

16 ‘‘(1) such recipient’s percentage of revenue for 

17 the operating cost of equipment and facilities for use 

18 in public transportation from non-Federal sources, 

19 excluding system-generated revenue, is at least equal 

20 to such revenue from the previous fiscal year; or 

21 ‘‘(2) the recipient receives revenue for the oper22 ating cost of equipment and facilities for use in pub23 lic transportation derived in whole or in part from 

24 dedicated sources of revenue; 


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1 the designated recipient or direct recipient may use funds 

2 provided under section 5307 for operating costs of equip3 ment and facilities, subject to the percentage limitations 

4 in subsection (b). 

5 ‘‘(b) LIMITATIONS ON USE OF FUNDS.—A des6 ignated recipient or direct recipient that meets the criteria 

7 set forth in subsection (a) may use— 

8 ‘‘(1) 30 percent of such funds if the area served 

9 has a population of more than 200,000 but not more 

10 than 500,000; 

11 ‘‘(2) 25 percent of such funds if the area served 

12 has a population of more than 500,000 but not more 

13 than 1,000,000; or 

14 ‘‘(3) 20 percent of such funds if the area served 

15 has a population of more than 1,000,000. 

16 ‘‘(c) CONDITIONAL INCREASE IN PERCENTAGE LIM17 ITS.—If the designated recipient’s or direct recipient’s 

18 percentage of revenue for the operating cost of equipment 

19 and facilities for use in public transportation from non20 Federal sources, excluding system-generated revenue, is 

21 greater than such revenue from the previous fiscal year, 

22 the designated recipient or direct recipient may increase 

23 the applicable percentage specified in subsection (b) by a 


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1 percentage that is not greater than the year-over-year in2 crease in such amount.’’. 

Æ 


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