[Congressional Record Volume 150, Number 78 (Monday, June 7, 2004)]
[Senate]
[Pages S6500-S6501]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. HUTCHISON (for herself, Mr. Cornyn, and Mr. Santorum):
  S. 2506. A bill to amend title 49, United States Code, to allow 
additional

[[Page S6501]]

transit systems greater flexibility with certain mass transportation 
projects; to the Committee on Banking, Housing, and Urban Affairs.
  Mrs. HUTCHISON. Mr. President, I rise today to introduce a bill that 
will restore flexibility to small communities in the use of Federal 
transit funding. As chairman of the Senate's Surface Transportation 
Subcommittee, I recognize the value of mass transit. Public transit is 
the first choice of transportation for many Americans. Local options 
such as buses, light rail and subways are affordable, friendly to the 
environment, and reduce traffic congestion.
  I know the limited availability of Federal funds for the Nation's 
extensive transportation needs requires creative solutions. For this 
reason, I have introduced this bill to correct an inequity in current 
law. The 1998 TEA-21 bill phased out operating assistance for mass 
transit except in small communities, using a population of 200,000 as 
the benchmark. Nationwide, more than 30 cities that are generally 
considered small transit communities because they operate fewer than 
100 buses at peak hours exceeded that threshold in the 2000 Census. In 
Texas, the city of Lubbock is caught in this discrepancy. The 2000 
Census also treated metropolitan areas composed of two or more adjacent 
cities as one statistical unit, and many of these units, such as Denton 
and Lewisville in Texas, subsequently ceased to qualify as small 
transit communities without increasing the size of their transit 
systems.
  This bill would allow the Secretary of Transportation to make grants 
to a transit system for mass transportation operating costs in an 
urbanized area with a population of more than 200,000 if such transit 
system operates less than 100 buses. Smaller communities have always 
relied on Federal operating assistance for public transportation. 
Although bus systems may generate profits, the revenues of such limited 
offerings are not enough to finance administrative and other overhead 
costs not associated with capital purchases.
  While Congress works to reauthorize highway and other surface 
transportation programs for another 6 years, the need for this 
technical correction cannot be ignored. To ensure quality mass transit 
in States, small transit communities operating fewer than 100 buses 
should be permitted to use Federal funding as needed for capital 
investments or operating expenses.
  I am proud to offer this bill that provides an important correction 
for small transit systems, and I urge my colleagues to support it. I 
ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2506

       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 ``Transit System Flexibility 
     Protection Act of 2004''.

     SEC. 2. GENERAL AUTHORITY.

       Section 5307(b)(1) of title 49, United States Code, is 
     amended by adding at the end of the following:
       ``The Secretary may make grants under this section to a 
     transit system to finance the operating cost of equipment and 
     facilities for use in mass transportation in an urbanized 
     area with a population of more than 200,000 if such transit 
     system operates less than 100 buses on fixed route service 
     during peak service hours.''.
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