[Congressional Record Volume 147, Number 176 (Tuesday, December 18, 2001)]
[Senate]
[Pages S13467-S13469]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Mr. Domenici):
  S. 1844. A bill to authorize a pilot program for purchasing buses by 
public transit authorities that are recipients of assistance or grants 
from the Federal Transit Administration; to the Committee on Banking, 
Housing, and Urban Affairs.
  Mr. BINGAMAN. Mr. President, I rise today to introduce legislation 
that will benefit every public transit agency in America by 
streamlining their purchasing of buses with Federal funding. I am 
pleased to be joined in introducing this bill by my colleague, Senator 
DOMENICI, who has worked with me on developing this important 
legislation.
  Our bill is very simple. It authorizes a 5-year pilot program to 
allow State and local transit authorities that receive Federal transit 
assistance the option to purchase transit buses through the General 
Services Administration.
  Allowing public transit agencies the option to purchase buses through 
the GSA could result in substantial cost savings to the Federal 
Government. In addition, GSA's standardized options and prices would 
help streamline the procurement process for buses, which could be 
especially valuable to smaller communities. I do believe our bill will 
help stretch each dollar of Federal transit funding a little bit 
farther.
  Currently only the Washington Metropolitan Area Transit Authority has 
the option to purchase buses through the General Services 
Administration. WMATA is today using this authority to purchase buses. 
The pilot program authorized in our bill would open up the option to 
all public transit agencies around the country that receive Federal 
transit assistance. However, as a pilot program, it is limited only to 
heavy-duty transit buses and intercity coaches. Because of GSA's 
limited experience with transit buses, the bill provides for the pilot 
program to be managed by the Federal Transit Administration.
  The General Services Administration currently offers three heavy-duty 
transit buses and two intercity coaches. GSA selected these suppliers 
in full and open competitive solicitations, and the companies had to 
bid attractive terms and prices in order to win those 5-year contracts. 
However, to ensure that all bus suppliers have an equal opportunity to 
provide buses through the GSA, our bill requires GSA to reopen 
immediately the original solicitation to provide a full and open 
competition

[[Page S13468]]

for all bus manufacturers interested in selling buses through GSA 
contracts. In addition, bus suppliers that already have GSA contracts 
would be permitted to modify their proposals.
  Finally, to ensure future fairness to all bus suppliers, the GSA will 
expand the bus program to a full multiple-award schedule with a larger 
variety of vehicles and choices of optional equipment. GSA indicates 
this process will take 12 to 18 months. Therefore, our bill directs GSA 
to complete the multiple-award schedule by December 31, 2003, and 
authorizes state and local transit authorities that receive Federal 
transit assistance to purchase heavy-duty transit buses and intercity 
coaches off these new GSA schedules. The pilot program ends after 5 
years on December 31, 2006.
  I believe it is very important to point out that as a pilot program, 
our bill is limited only to transit buses and intercity coaches. It has 
no effect on companies that supply other types of vehicles, 
pharmaceuticals, or any other product that currently can be purchased 
through the General Services Administration.
  I believe transit buses are a unique situation. Public transit 
agencies should be allowed to use their Federal funding to purchase 
buses through the GSA. There are only a few bus manufacturers in 
America today and most buses are purchased using Federal funds provided 
by the Federal Transit Administration. In fact, our bill requires that 
a majority of the cost of all buses purchased through the GSA be from 
Federal funds. We also believe that the pilot program authorized in our 
bill could provide valuable information on bus purchasing that Congress 
may want to consider when the 6-year transportation bill is 
reauthorized in 2003.
  Our bus manufacturers are not having an easy time in this recession. 
Our bill will help expedite bus companies by eliminating the cost of 
responding to myriad requests for proposals from public transit 
agencies. That's why bus manufacturers, through the American Public 
Transportation Association, support our proposal. Our bill will also 
help the public transit agencies by reducing the cost of preparing the 
requests for proposals and assessing the responses.
  I ask unanimous consent that a letter of support for our bill from 
the American Public Transportation Association be included in the 
Record at the conclusion of my remarks.
  I do believe this is a meritorious proposal and hope it will be 
enacted as soon as possible. I look forward to working with Senator 
Sarbanes, chairman of the Banking Committee, and the members of his 
committee to see if prompt action can be taken on this bill.
  The pilot program has the support of the Federal Transit 
Administration, bus manufacturers, and public transit agencies across 
the Nation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1844

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Public Transit Authority 
     Pilot Procurement Authorization Act of 2001''.

     SEC. 2. DEFINITIONS.

       (a) Heavy-Duty Transit Bus.--The term ``heavy-duty transit 
     bus'' has the same meaning given that term in the American 
     Public Transportation Association Standard Procurement 
     Guideline Specifications, dated March 25, 1999 and July 3, 
     2001, and as contained in the General Services Administration 
     Solicitation FFAH-B1-002272-N.
       (b) Intercity Coach.--The term ``intercity coach'' has the 
     meaning given that term in the General Services 
     Administration Solicitation FFAH-B1-002272-N, section 1-4B, 
     Amendment number 2, dated June 6, 2000.

     SEC. 3. PILOT PROGRAM FOR SALE TO PUBLIC TRANSIT AUTHORITIES.

       (a) In General.--The Federal Transit Administration of the 
     Department of Transportation shall carry out a pilot program 
     to facilitate and accelerate the procurement of heavy-duty 
     transit buses and intercity coaches by State, local, and 
     regional transportation authorities that are recipients of 
     Federal Transit Administration assistance or grants where 
     Federal funds provide the majority of the funding for the bus 
     procurement, through existing or new or modified contracts 
     with the General Services Administration. The transit 
     authorities shall obtain Federal Transit Administration 
     approval prior to placement of orders.
       (b) Reopening of Solicitation for Heavy-Duty Transit and 
     Intercity Coaches.--Notwithstanding any other provision of 
     law or Federal regulation, the General Services 
     Administration Solicitation FFAH-B1-002272-N shall be 
     reopened to all qualified heavy-duty transit bus and 
     intercity coach manufacturing companies to bid for contracts 
     to sell such buses and coaches to State, local, and regional 
     transportation authorities that are recipients of Federal 
     Transit Administration assistance or grants where Federal 
     funds provide the majority of the funding for the bus 
     procurement.
       (c) Modifications of Existing GSA Contracts.--
     Notwithstanding any other provision of law or Federal 
     regulation, heavy-duty transit bus manufacturing companies 
     and intercity coach manufacturing companies who have existing 
     contracts awarded by the General Services Administration 
     under Solicitation FFAH-B1-002272-N prior to the date of 
     enactment of this Act, shall be allowed to modify or 
     restructure their bids incorporated in such contracts to 
     respond to prospective sales of heavy-duty transit buses and 
     intercity coaches to State, local, and regional 
     transportation authorities that are recipients of Federal 
     Transit Administration assistance or grants where Federal 
     funds provide the majority of the funding for the bus 
     procurement.
       (d) Authority To Purchase From Existing and New 
     Contracts.--Notwithstanding any other provision of law or 
     Federal regulation, State, local, and regional transportation 
     authorities that are recipients of Federal Transit 
     Administration assistance or grants where Federal funds 
     provide the majority of the funding for the bus procurement 
     are authorized to purchase heavy-duty transit buses and 
     intercity coaches from--
       (1) existing contracts;
       (2) existing contracts as modified pursuant to subsection 
     (c); and
       (3) new contracts awarded by the General Services 
     Administration under the original or reopened Solicitation 
     FFAH-B1-002272-N.
       (e) Termination.--The pilot program carried out under this 
     Act shall terminate on December 31, 2006.

     SEC. 4. ESTABLISHMENT OF MULTIPLE AWARD SCHEDULE BY GSA.

       Not later than December 31, 2003, the General Services 
     Administration, with assistance from and consultation with, 
     the Federal Transit Administration, shall establish and 
     publish a multiple award schedule for heavy-duty transit 
     buses and intercity coaches which shall permit Federal 
     agencies and State, regional, or local transportation 
     authorities that are recipients of Federal Transit 
     Administration assistance or grants where Federal funds 
     provide the majority of the funding for the bus procurement, 
     or other ordering entities, to acquire heavy-duty transit 
     buses and intercity motor coaches under those schedules.

     SEC. 5. REPORTING REQUIREMENTS.

       (a) In General.--The Administrator of the Federal Transit 
     Administration and the Administrator of General Services 
     shall submit a joint report quarterly, in writing, to the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate, and the Committee on Transportation and 
     Infrastructure of the House of Representatives.
       (b) Contents.--The report required to be submitted under 
     subsection (a) shall describe, with specificity--
       (1) all measures being taken to accelerate the processes 
     authorized under this Act, including estimates on the effect 
     of this Act on job retention in the bus and intercity coach 
     manufacturing industry;
       (2) job creation in the bus and intercity coach 
     manufacturing industry as a result of the authorities 
     provided under this Act; and
       (3) bus and intercity coach manufacturing economic growth 
     in those States and localities that have participated in the 
     pilot program to be carried out under this Act.

     SEC. 6. COMPLIANCE WITH OTHER LAW.

       Except as otherwise specifically provided in this Act, this 
     Act shall be carried out in accordance with all applicable 
     Federal transit laws and requirements.
                                  ____

                                    American Public Transportation


                                                  Association,

                                Washington, DC, December 18, 2001.
     Hon. Jeff Bingaman,
     Chairman, Committee on Energy and Natural Resources, Dirksen 
         Senate Office Building, Washington, DC.
       Dear Mr. Chairman: I write regarding a bill I understand 
     you intend to introduce this session, the ``Public Transit 
     Authority Pilot Procurement Authorization Act of 2001'', that 
     would allow recipients of funds under the federal transit 
     program to purchase heavy-duty and intercity buses from the 
     General Services Administration schedule of contracts.
       The Business Member Board of Governors of the American 
     Public Transportation Association (APTA) considered a similar 
     provision in a meeting on Sunday, September 30, 2001. They 
     voted in support of the measure.
       Further, on December 7, 2001, APTA's Legislative Committee 
     considered a proposal similar to the provisions of your bill 
     and unanimously agreed to support it. While APTA's governing 
     body has not had an opportunity formally to consider your 
     bill, our public transit members are supportive of measures 
     that would simplify and standardize the federal procurement 
     process, as this provision would do. We are particularly

[[Page S13469]]

     pleased to note that under the provision GSA, with assistance 
     from the Federal Transit Administration, would be required to 
     establish and publish a multiple award schedule for heavy-
     duty buses, which means that any heavy-duty or intercity bus 
     manufacturer would be provided an opportunity to participate 
     in the program.
       Please have your staff contact Daniel Duff, APTA's Chief 
     Counsel & Vice President, Government Affairs, should you have 
     any questions about this matter. He may be reached at (202) 
     496-4860 or internet e-mail [email protected].
           Sincerely yours,
                                                William W. Millar,
                                                        President.
                                 ______