[Congressional Record Volume 148, Number 112 (Monday, September 9, 2002)]
[House]
[Pages H6090-H6091]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        FEDERAL TRANSIT FORMULA GRANTS FLEXIBILITY RETENTION ACT

  Mr. PETRI. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 5157) to amend section 5307 of title 49, United States Code, to 
allow transit systems in urbanized areas that, for the first time, 
exceeded 200,000 in population according to the 2000 census to retain 
flexibility in the use of Federal transit formula grants in fiscal year 
2003, and for other purposes.
  The Clerk read as follows:

                               H.R. 5157

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

     SECTION 1. URBANIZED AREA FORMULA GRANTS.

       Section 5307(b) of title 49, United States Code, is 
     amended--
       (1) by striking the last sentence of paragraph (1);
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (3) by inserting after paragraph (1) the following:
       ``(2) Special rule for fiscal year 2003.--
       ``(A) Increased flexibility.--The Secretary may make grants 
     under this section, from funds made available to carry out 
     this section for fiscal year 2003, to finance the operating 
     cost of equipment and facilities for use in mass 
     transportation in an urbanized area with a population of at 
     least 200,000 as determined under the 2000 decennial census 
     of population if--
       ``(i) the urbanized area had a population of less than 
     200,000 as determined under the 1990 Federal decennial census 
     of population;
       ``(ii) a portion of the urbanized area was a separate 
     urbanized area with a population of less than 200,000 as 
     determined under the 1990 Federal decennial census of 
     population; or
       ``(iii) the area was not designated as a urbanized area as 
     determined under the 1990 Federal decennial census of 
     population.
       ``(B) Maximum amounts.--Amounts made available pursuant to 
     subparagraphs (A)(i) and (A)(ii) shall be no more than the 
     amount apportioned in fiscal year 2002 to the urbanized area 
     with a population of less than 200,000 as determined in the 
     1990 Federal decennial census of population. Amounts made 
     available pursuant to subparagraph (A)(iii) shall be no more 
     than the amount apportioned under this section for fiscal 
     year 2003.''; and
       (4) in paragraph (3) (as redesignated by paragraph (2) of 
     this section) by aligning subparagraph (C) with subparagraphs 
     (A) and (B).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Petri) and the gentleman from Maryland (Mr. Cummings) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. Petri).
  Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
  The Transit Operating Flexibility Act, the bill before us, is 
bipartisan legislation that will allow the transit systems in 52 
communities that grew to more than 200,000 in population as defined by 
the 2000 census to retain flexibility in the use of their Federal 
transit formula grants in budget year 2003.
  H.R. 5157 was favorably reported without amendment by the Committee 
on Transportation and Infrastructure on July 24 of this year. The bill 
now has a total of 45 original cosponsors. Legislation was developed 
with the assistance and cooperation of the Federal Transit 
Administration, and has been endorsed by the American Public 
Transportation Association.
  The 2000 census made wholesale changes in urbanized area 
designations. Some of the communities that are crossing 200,000 in 
population simply grew since 1990. Others were absorbed into nearby 
major metropolitan areas. Yet others were combined with another nearby 
small city. Many of these communities were not aware they were going to 
cross 200,000 until the final urbanized area notice was published in 
the Federal Register in May of 2002.
  Under current Federal transit law, areas of more than 200,000 cannot 
use Federal formula grant funds to pay for transit operating expenses. 
The Transit Operating Flexibility Act will allow the 52 communities 
affected by the 2000 census change to retain their operating 
flexibility in budget year 2003 to the same extent that they did in 
fiscal year 2002.
  Without this legislation, some transit operators in the affected 
areas may be so strapped for resources that they will have to 
drastically reduce service or even shut their doors. We cannot allow a 
change in census definition to result in a loss of public 
transportation services.
  This bill does not change the amount of transit formula funding that 
these communities or any other community will receive under TEA-21 in 
fiscal year 2003. The Federal Transit Administration will apportion 
formula grant funds to its grantees according to the 2000 census 
numbers as they are required by law to do. H.R. 5157 gives these 52 
communities some breathing room to adjust to their new urbanized area 
status as they plan how to fund these transit services under their new 
urbanized area designation.
  I urge that the House pass the bill that is before us, H.R. 5157.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I commend the subcommittee chairman, the gentleman from 
Wisconsin (Mr. Petri), and the ranking member, the gentleman from 
Pennsylvania (Mr. Borski), for advancing legislation, H.R. 5157, that 
will allow local flexibility in the use of Federal transit funds in the 
newly designated urbanized areas over 200,000 population.
  H.R. 5157 amends the Federal transit program to allow transit systems 
in urbanized areas that for the first time exceeded 200,000 in 
population to retain flexibility in the use of Federal transit formula 
grants in fiscal year 2003 for operating and capital assistance.
  Without this flexibility, some transit systems would not have 
sufficient revenues to continue to provide public transportation 
services. The lack of flexibility in the use of Federal transit formula 
funds may result in the interruption in transit services or unnecessary 
hardship on transit systems.
  Mr. Speaker, as the committee moves forward with legislation to 
reauthorize the surface transportation programs, the flexibility needed 
for transit systems in urbanized areas will be addressed in the 
legislation.
  In the interim, I urge the enactment of H.R. 5157.
  Mr. OTTER. Mr. Speaker, I rise today in strong support of H.R. 5157. 
This bill will allow Boise, ID and dozens of other transit systems 
around the county to maintain bus and transit service.
  Boise, like many other communities around the Nation, depends upon 
its Section 5307 grants under TEA-21 to meet the operating costs of 
maintaining bus service. Unfortunately, the current 5307 program 
restricts federal funds to capital costs when an area's population 
increases to over 200,000. Boise and 51 other cities crossed that 
benchmark in the last census and now face losing the funds they need 
for operating bus services.
  When TEA-21 was passed in 1998 the potential disruption after a 
census was not taken into consideration. Forcing communities to make 
major changes in their financing is unfair, particularly when that 
program, and its rules, are to be reauthorized in less than a year.
  H.R. 5157, Mr. Speaker, will prevent large disruptions in service 
Idaho and nationwide., It will protect the jobs of those who commute to 
work by public transit. It will help the environment, and relieve 
traffic congestion. It will give community leaders another option in 
planning the growth of their cities and enable our transit systems to 
build for the future.
  Boise is one of the fastest growing areas in the Nation, and is 
suffering the growing pains of traffic congestion and air pollution. An 
integrated program of highway and transit development is essential to 
meeting growth. At the same time federally provided funds must be 
flexible enough to meet the unique needs and challenges of each 
community.
  As this House prepares TEA-21 reauthorization I will fight for more 
generous and flexible funding of transit needs in Idaho and other fast-
growing rural states.
  I want to thank Chairman Young of the full committee for introducing 
this bill, and Chairman Petri for managing the debate today. I also 
want to thank Kelly Fairless of Valley Ride in Boise, Grant Jones of 
Boise Urban Stages, and Steve O'Neal of the Idaho Transportation 
Department of their work on behalf of Idaho transit, and the drivers 
and maintenance personnel for Valley Ride who work everyday to bring 
mobility to the people of the Treasure Valley.
  Mr. CUMMINGS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. PETRI. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by

[[Page H6091]]

the gentleman from Wisconsin (Mr. Petri) that the House suspend the 
rules and pass the bill, H.R. 5157.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. PETRI. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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