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. FIL-
NER, Mr. FRANK of Massachusetts, Mr. GONZALEZ, Mr. AL GREEN of 
Texas, Mr. GRIJALVA, Ms. HIRONO, Mr. JOHNSON of Georgia, Ms. KAP-
TUR, Mr. KING of New York, Mr. LANGEVIN, Mr. LARSEN of Wash-
ington, 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. PERL-
MUTTER, 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. BLU-
MENAUER, Mr. CARSON of Indiana, Mr. COSTELLO, Mr. DEUTCH, Mr. 
GUTIERREZ, Ms. MATSUI, Mr. GEORGE MILLER of California, Ms. WOOL-
SEY, 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. WAX-
MAN, Mr. CROWLEY, Mr. KUCINICH, Mr. HOLDEN, Ms. EDWARDS, Mr. 
DEFAZIO, Mr. MICHAUD, Mr. GENE GREEN of Texas, Ms. LEE of Cali-
fornia, 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. 
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 ‘‘Local Flexibility for 
Transit Assistance Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) While transit ridership has increased in the 
face of falling disposable income, transit agencies 
are being forced to implement some of the deepest 
service cuts, sharpest fare increases and layoffs as a 
result of declining revenues and increasing fuel 
prices. 
(2) According to the American Public Trans-
portation Association, over the past 2 years, 84 per-
cent of transit systems have raised fares, cut service, 
or are considering either of these measures in the 
near future. 
(3) Additionally, over the same period of time, 
transit systems across the country have seen a 56- 
percent reduction in rush hour service, a 62-percent 
reduction in off-peak service, and a 40-percent re-
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duction in geographic coverage leaving thousands of 
transit drivers without a job. 
(4) These cuts have left thousands of transit 
dependent Americans without a way to get to work. 
(5) It is the policy of the Government to signifi-
cantly increase the number of individuals who have 
access to viable public transportation systems and 
services in order to maximize Americans’ ability to 
access jobs and economic opportunity. 
(6) It is the policy of the Government that the 
ability of all citizens to move quickly and at a rea-
sonable cost shall be increased, especially in light of 
the growth in highway traffic congestion and the re-
sulting cost to our Nation’s productivity and eco-
nomic strength. 
SEC. 3. URBANIZED AREA FORMULA GRANTS. 
Section 5307(b)(1) of title 49 is amended— 
(1) by redesignating subparagraphs (E) and 
(F) as subparagraphs (G) and (H), respectively; and 
(2) by inserting after subparagraph (D)— 
‘‘(E) operating costs of equipment and fa-
cilities for use in public transportation in an ur-
banized area with a population of more than 
200,000 for a designated recipient, direct re-
cipient, or subrecipient under section 5311, pro-
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viding public transportation in the area and op-
erating less than 100 buses in fixed-route serv-
ice in such area during peak service hours.’’. 
SEC. 4. TARGETED AND TEMPORARY FLEXIBILITY FOR DES-
IGNATED RECIPIENTS IN CRISIS. 
Chapter 53 of title 49, United States Code, is amend-
ed by adding at the end the following: 
‘‘SEC. 5341. TARGETED AND TEMPORARY FLEXIBILITY FOR 
DESIGNATED RECIPIENTS OR DIRECT RE-
CIPIENTS IN CRISIS. 
‘‘(a) DEFINITION.—For purposes of this section the 
term ‘crisis period’ means that the unemployment rate, as 
defined by the Bureau of Labor Statistics, of any metro-
politan statistical area located within a designated recipi-
ent’s or direct recipient’s service area is at or higher than 
7 percent for the preceding month or the national average 
retail price of regular grade gasoline during a quarter, as 
reported by the United States Energy Information Admin-
istration, has increased by more than 10 percent compared 
to the same quarter during the previous year. 
‘‘(b) CONDITIONS FOR FLEXIBILITY.— 
‘‘(1) IN GENERAL.—If a designated recipient or 
direct recipient operates at least 100 buses in fixed- 
route service during peak service hours, in an urban-
ized area with a population of more than 200,000, 
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and is certified under paragraph (3) as being in a 
crisis period, the agency may use funds provided 
under section 5307 for operating costs of equipment 
and facilities, subject to the conditions set forth in 
paragraphs (2) and (3). 
‘‘(2) LIMITATION ON USE OF FUNDS.—A des-
ignated recipient or direct recipient that meets the 
criteria set forth in paragraph (1) may use— 
‘‘(A) 50 percent of funds provided under 
section 5307 if it operates in an urbanized area 
with a population of more than 200,000 but 
less than 500,000; 
‘‘(B) 45 percent of funds provided under 
section 5307 if it operates in an urbanized area 
with a population of more than 500,000 but 
less than 1,000,000; or 
‘‘(C) 40 percent of funds provided under 
section 5307 if it operates in an urbanized area 
with a population of more than 1,000,000. 
‘‘(3) CERTIFICATION BY SECRETARY.—To be el-
igible to use funds for operating costs of equipment 
and facilities under this section, a designated recipi-
ent or direct recipient shall request that the Sec-
retary certify, not later than 30 days after such re-
quest is made, that the agency is in a crisis period. 
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After each quarter, the Secretary shall monitor each 
designated recipient or direct recipient in a crisis pe-
riod to determine if the agency no longer qualifies 
as being in a crisis period. When the Secretary de-
termines that an agency is no longer in a crisis pe-
riod, the agency has 3 additional consecutive quar-
ters to use the funds for operating costs of equip-
ment and facilities. 
‘‘SEC. 5342. LOCAL CONTROL OF TRANSIT OPERATING 
FLEXIBILITY. 
‘‘(a) GENERAL ELIGIBILITY REQUIREMENTS.—If a 
designated recipient or direct recipient operates at least 
100 buses in fixed-route service during peak service hours 
and is in an urbanized area with a population of more 
than 200,000 and— 
‘‘(1) such recipient’s percentage of revenue for 
the operating cost of equipment and facilities for use 
in public transportation from non-Federal sources, 
excluding system-generated revenue, is at least equal 
to such revenue from the previous fiscal year; or 
‘‘(2) the recipient receives revenue for the oper-
ating cost of equipment and facilities for use in pub-
lic transportation derived in whole or in part from 
dedicated sources of revenue; 
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the designated recipient or direct recipient may use funds 
provided under section 5307 for operating costs of equip-
ment and facilities, subject to the percentage limitations 
in subsection (b). 
‘‘(b) LIMITATIONS
ON USE
OF FUNDS.—A des-
ignated recipient or direct recipient that meets the criteria 
set forth in subsection (a) may use— 
‘‘(1) 30 percent of such funds if the area served 
has a population of more than 200,000 but not more 
than 500,000; 
‘‘(2) 25 percent of such funds if the area served 
has a population of more than 500,000 but not more 
than 1,000,000; or 
‘‘(3) 20 percent of such funds if the area served 
has a population of more than 1,000,000. 
‘‘(c) CONDITIONAL INCREASE IN PERCENTAGE LIM-
ITS.—If the designated recipient’s or direct recipient’s 
percentage of revenue for the operating cost of equipment 
and facilities for use in public transportation from non- 
Federal sources, excluding system-generated revenue, is 
greater than such revenue from the previous fiscal year, 
the designated recipient or direct recipient may increase 
the applicable percentage specified in subsection (b) by a 
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percentage that is not greater than the year-over-year in-
crease in such amount.’’. 
Æ 
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