I 
115TH CONGRESS 
1ST SESSION H. R. 4021 
To amend title 49, United States Code, to provide funding for public transpor-
tation services offered by high-performing public and private systems, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 11, 2017 
Mr. PERRY introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure 
A BILL 
To amend title 49, United States Code, to provide funding 
for public transportation services offered by high-per-
forming public and private systems, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Leveraging Perform-
ance-Based Transportation Services Act of 2017’’. 
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SEC. 2. FUNDING FOR CAPITAL PROJECTS OF LEVERAGED 
SYSTEMS. 
(a) NATIONAL TRANSIT DATABASE.—Section 5335 
of title 49, United States Code, is amended by adding at 
the end the following: 
‘‘(d) DIRECT
REPORTING
BY
LEVERAGED
SYS-
TEMS.— 
‘‘(1) IN GENERAL.—An owner or operator of a 
leveraged system may submit directly to the Na-
tional Transit Database data regarding the public 
transportation service provided by the system. 
‘‘(2) NOTICE TO DESIGNATED RECIPIENT.—On 
the date of a submission under paragraph (1), the 
owner or operator of a leveraged system shall pro-
vide to the appropriate designated recipient under 
section 5307, 5311, or 5339 and metropolitan plan-
ning organization a copy of the submission. 
‘‘(3) LEVERAGED
SYSTEM
DEFINED.—In this 
subsection, the term ‘leveraged system’ means a pro-
vider of public transportation services, whether pub-
lic or private, including commuter bus services and 
including services provided by a private provider of 
public transportation by vanpool (as defined in sec-
tion 5323(i)(2)(C)), that the Secretary determines— 
‘‘(A) is able to recover, through fare rev-
enue or payments made directly by the pro-
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vider, all operating costs associated with the 
services; 
‘‘(B) meets the requirements of the Fed-
eral Transit Administration with respect to the 
provision of the services; and 
‘‘(C) does not, through the provision of the 
services, negatively impact other publicly sub-
sidized or privately provided public transpor-
tation services.’’. 
(b) LEVERAGING TRANSIT SERVICES.—Section 5315 
of title 49, United States Code, is amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) LEVERAGING TRANSIT SERVICES.— 
‘‘(1) PASSTHROUGH.— 
‘‘(A) APPORTIONMENTS.—The data sub-
mitted by the owner or operator of a leveraged 
system to the National Transit Database under 
section 5335(d) shall be used by the Secretary 
in calculating apportionments for capital pay-
ments under each of sections 5307, 5311, and 
5339. 
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‘‘(B) AGREEMENTS.—A designated recipi-
ent that receives additional amounts in appor-
tionments for a fiscal year as a result of data 
submitted to the National Transit Database by 
the owner or operator of a leveraged system 
under section 5335(d) shall enter into an agree-
ment with the owner or operator that includes 
assurances that not less than 90 percent of the 
additional amounts will be transferred to the 
owner or operator if the owner or operator dem-
onstrates that the transferred amounts will be 
used for capital expenditures to expand public 
transportation services meeting the require-
ments of paragraph (2) in the geographic area 
represented by the designated recipient. 
‘‘(2) SERVICES.—A public transportation serv-
ice meets the requirements of this paragraph un-
less— 
‘‘(A) the service— 
‘‘(i) overlaps or directly competes with 
a service provided by the designated recipi-
ent concerned; and 
‘‘(ii) has a direct effect on such serv-
ice, including a projected ridership reduc-
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organization that the owner or operator 
has not met the requirements of section 
5335(d). 
‘‘(B) EFFECT OF OBJECTION.—In carrying 
out this subsection, the Secretary shall take 
into account any letter received from a metro-
politan planning organization under this para-
graph. 
‘‘(4) STATUTORY CONSTRUCTION.—Nothing in 
this subsection may be construed— 
‘‘(A) to allow a designated recipient to dic-
tate the service provided by the owner or oper-
ator of a leveraged system; or 
‘‘(B) to authorize the use of funds in a 
manner that is inconsistent with this chapter. 
‘‘(5) LEVERAGED
SYSTEM
DEFINED.—In this 
subsection, the term ‘leveraged system’ has the 
meaning given that term in section 5335(d).’’. 
Æ 
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