H. R. 3550 - Transportation Equity Act: A Legacy for Users

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Thursday, April 1, 2004 (Legislative day of Wednesday, March 31, 2004).
FLOOR ACTION: ADOPTED BY VOICE VOTE, AFTER AGREEING ON THE PREVIOUS BY A RECORD VOTE OF 229-194 on Thursday, April 1, 2004.
MANAGERS: DREIER/FROST
108th Congress
2nd Session

H. R. 3550 – Transportation Equity Act: A Legacy for Users

1. Structured rule.

2. Provides for further consideration of the bill.

3. Provides for no further general debate except for the final period of ten minutes following consideration of the bill for amendment contemplated in the order of the House of March 30, 2004.

4. Provides that the amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill, modified by the amendments printed in part A of the Rules Committee report accompanying the resolution, shall be considered as adopted in the House and in the Committee of the Whole.

5. Provides that the bill, as amended, shall be considered as the original bill for the purpose of further amendment and shall considered as read.

6. Waives all points of order against provisions in the bill, as amended.

7. Makes in order only those amendments printed in part B of the Rules Committee report which may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, and shall not be subject to amendment or demand for division of the question.

8. Waives all points of order against the amendments printed in the report.

9. Provides one motion to recommit with or without instructions.

10. Section 2 of the resolution provides that the amendment considered as adopted under the first section of this resolution shall be considered an amendment offered under section 411 of House Concurrent Resolution 95.

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for further consideration of the bill (H.R. 3550) to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. No further general debate (except for the final period contemplated in the order of the House of March 30, 2004) shall be in order. The amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill, modified by the amendments printed in part A of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read. All points of order against provisions in the bill, as amended, are waived. No further amendment shall be in order except those printed in part B of the report of the Committee on Rules. Each further amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, and shall not be subject to amendment or demand for division of the question. All points of order against such further amendments are waived. At the conclusion of consideration of the bill, as amended, the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.
Sec. 2. The amendment considered as adopted under the first section of this resolution shall be considered an amendment offered under section 411 of House Concurrent Resolution 95.


PART A
SUMMARY OF AMENDMENTS TO BE CONSIDERED AS ADOPTED

1. Provides guidance in interpreting existing rules of the House to ensure that current flexibilities and authorities of Congress to set appropriate annual spending levels for basic salaries and administrative expenses of the Federal Transit Administration are maintained.

2. Extends the authority to spend money out of the Highway Trust Fund and updates the purposes for which money can be spent. Extends the gas tax through 2011 at current rates and maintains the current-law deficit protection rule that requires a 2-year cushion of reserves in the Highway Trust Fund. Increases Highway Trust Fund receipts by $18 billion over six years to pay for the highway spending authorized by the bill. Receipts are raised by: (1) reducing fuel tax evasion, (2) crediting the Highway Trust Fund with the full gas tax and (3) restructuring the ethanol subsidy so that the Trust Fund is made whole. Extends the ethanol subsidy through 2010. Simplifies and reforms the rules relating to certain highway excise taxes. Provides AMT relief, particularly for small businesses and farmers. Extends enhanced section 179 expensing for small businesses. Extends trust fund authority and fuel excise taxes. The authority to spend money from the Highway Trust Fund (HTF) and the Aquatic Resources Trust Fund is extended for six years, and the purpose for which Trust Fund monies may be spent is updated to reflect the purposes authorized in the underlying bill. The fuel excise taxes are extended (at current-law rates) through 2011. These rates are 18.4 cents-per-gallon for gasoline and 24.4 cents-per-gallon for diesel and kerosene. The current-law "Harry Byrd Rule" is retained. This deficit protection rule requires the Trust Fund to maintain a cushion sufficient to cover 2 years of spending. Increases highway trust fund receipts. Extends the ethanol excise tax benefit through 2010 and compensates the HTF for the cost of the benefit. Increases HTF receipts by $9.4 billion over 6 years and increases general revenues by $4.3 billion over 10 years. Repeals the requirement that 2.5 cents-per-gallon of alcohol fuel tax receipts be retained in the General Fund so that the full fuel tax is credited to the HTF. Increases HTF receipts by $5.7 billion over 6 years. Repeals the requirement that 4.8 cents-per-gallon of fuel tax receipts from use in motorboats and small engine equipment be retained in the General Fund. As a result, the full fuel tax will be credited to the HTF and subsequently transferred to the Aquatic Resources Trust Fund. Increases Aquatic Resources Trust Fund receipts by $0.7 billion over 6 years. Codifies the mobile machinery exemption and adds a 7,500 mile annual use test for fuel taxes. Increases HTF receipts by $0.7 billion over 6 years. Requires heavy highway vehicles to pay the maximum $550 use tax in one installment. Increases HTF receipts by $1.0 billion over 6 years. Includes several other provisions to combat fuel tax evasion. In combination, these provisions increase HTF receipts by $1.0 billion over 6 years and increase general revenues by $3.8 billion over 10 years. Conforms the taxation of all taxable fuels by taxing jet fuel when it leaves the terminal. Requires terminals that sell dyed fuel to use mechanical dye injection systems. Requires all entities that are party to a tax-exempt bulk transfer to register with the IRS. Expands IRS authority to inspect on-site records related to taxable fuels. Closes current-law loophole that makes it difficult for the IRS to collect tax on imported fuel when the importer is not registered with the IRS. Modifies refund rules so that taxpayers buying more than 250 gallons of fuel for farm use must buy dyed diesel. Reforms and simplifies highway excise taxes. Conforms the rules relating to refund claims on gasoline, kerosene and diesel. Clarifies that the receiving party is liable for tax under a two-party exchange. Simplifies the administration of the heavy tire excise tax. Provides relief from the Alternative Minimum Tax (AMT). The tax title contains four provisions to reduce the AMT burden so that struggling companies can survive, create jobs and improve the economy: (1) Exempts 97% of corporations from the AMT by expanding the size of the AMT exemption from $7.5 million of annual gross receipts to $20 million of annual gross receipts; (2) Coordinates farmer income averaging and the AMT so that farmers are not hit by the AMT just because they elect to smooth their income over several years for tax purposes; (3) Allows businesses to fully use their net operating losses (NOLs) to offset their AMT liability by repealing the 90% limit on the use of NOLs; and (4) Allows businesses to fully use their foreign tax credits (FTCs) to offset their AMT liability by repealing the 90% limit on the use of FTCs. Provides an extension of Section 179 for Small Businesses. The Jobs and Growth Reconciliation Act of 2003 expanded section 179 by: (1) increasing the amount that can be expensed under section 179 from $25,000 annually to $100,000 annually and (2) increasing the number of small businesses eligible for this enhanced expensing. However, this expansion is scheduled to expire at the end of 2005. The tax title extends the section 179 reforms through the end of 2007. AMT relief and the extension of section 179 expensing are paid for with general revenues raised by other provisions in the bill. These additional revenues are separate from the receipts that accrue to the Highway Trust Fund.


PART B
SUMMARY OF AMENDMENTS MADE IN ORDER

1. Young, Don (AK) #45:
Manager's Amendment.

SEC. 1105. - is amended to require the Secretary to establish an oversight program to monitor the use of authorized federal funds to carry out tilt 23, U.S.C. For projects over $500,000,000 project management plans and an annual financial plan will be required from recipients of federal funds. For project over $100,000,000 financial plan are required. The provision also describes how funds recovered from judicial proceedings will be treated.
SEC. 1107. - is amended to improve the calculation of Revenue Aligned Budget Authority to provide more accurate information.
SEC. 1113. - is amended to insert an effective date for the repeal of the Interstate Discretionary Program.
SEC. 1114. - is amended to include a set-aside for the seismic retrofit of bridges.
SEC. 1115. - is amended to allow funds for the Transportation and Community and System Preservation Program to be used for additional planning activities under a pilot program.
SEC. 1118. - is amended to require the Secretary and the Denali Commission to establish an Alaska Native Village Transportation program.
SEC. 1119. - make changes to the Federal Lands Highway program to allow new activities refuge roads and forest highways. It also requires the Secretary to conduct a study on collisions between wildlife and motor vehicles.
SEC. 1207. - requires the Secretary to establish a pilot program to allow States to assume the responsibilities of the Secretary for transportation enhancements, recreational trails and ITS projects.
SEC. 1209. - (f) is stricken.
SEC. 1210. - requires the off-ramp on Interstate 495/94 to remain open to all traffic.
SEC. 1408. - requires the Secretary to conduct a rulemaking to determine the appropriate conditions under which the State should be required to repair or replace damaged features on the National Highway System with highway features that have been tested, evaluated, and found to be acceptable under certain guidelines.
SEC. 1604. - makes technical and funding changes to the Interstate System construction toll pilot program.
SEC. 1702. - this section makes technical and funding changes to the high priority project authorizations.
SEC. 1804. - this section designates new highways as high priority corridors on the National Highway System.
SEC. 1808. - this section requires an evaluation of acrylic water-borne pavement markings to be used in the pavement marking systems evaluation study.
SEC. 1814. - this section designates the northbound and southbound tunnel of I-93 in the city of Boston, Massachusetts as the "Thomas P. 'Tip' O'Neil, Jr. Tunnel".
SEC. 1818. - this section recognizes that the outstanding debt for project number Q-DPM-0013(001) is satisfied.
SEC. 1819. - this section establishes the lead agency for accepting Federal funds from item 13 of the table contained in section 1108(b) of the Intermodal Surface Transportation Efficiency Act of 1991.
SEC. 1820. - this section provides that any debris from the demolition of a bridge or overpass must be made available for public use by Federal, State, and local governments.
SEC. 1821. - this section creates an incentive within the Department of Housing and Urban Development to spur economic development.
SEC. 1822. - this section makes necessary technical amendments to the high priority projects in section 1602 of TEA 21.
SEC. 1823. - this section creates a National Clearinghouse for the purpose of assembling and disseminating information relating to the improvement of roadway work zone safety.
SEC. 1824. - this section makes procedural improvement to the planning requirements for metropolitan areas and States in regard to the Clean Air Act.
SEC. 2009. - this section makes changes to how fees for motorcycle safety training grants are collected.
SEC. 2011. - this section directs the Secretary to create a model statute for the States to use when developing drugged driving detection, prevention, and enforcement programs.
SEC. 3009. - this section makes a technical change to the clean fuels formula grant program under section 5308 of title 49, U.S.C.
SEC. 3010. - this section creates a $10 million a year set-aside program for passenger ferries from section 5309 of title 49, U.S.C.
SEC. 3018. - this section makes a technical change to the low density formula grant adjustment under the section 5317, title 49, U.S.C. New Freedom grant program.
SEC. 3037. - this section adds additional new starts project authorizations.
SEC. 3038. - this section makes technical changes to project designations in the bus and bus facilities program.
SEC. 3039. - this section makes technical amendments to the national fuel cell bus technology development program.
SEC. 3040. - the section on axle weight for transit buses is moved to title 1 of the bill.
SEC. 3042. - this section adds a new study on the adequacy of public transportation systems' adequacy to meet capacity needs in a security crisis.
SEC. 3045. - this section adds a new study on the potential benefits of cooperative procurement of transit buses.
SEC. 4120. - this section makes a technical amendment to the funding levels of the FMCSA outreach and education program.
SEC. 4121. - this section makes technical amendments to the insulin-treated diabetes mellitus exemption program.
SEC. 4128. - this section provides FMCSA with the necessary authority to conduct inspections of intermodal equipment providers, including the intermodal equipment to ensure that the proper maintenance is conducted.
SEC. 4208. - this section clarifies that household goods movers can only challenge information in the consumer complaint database, if the alleged complaint is fraudulent or duplicate.
SEC. 4212. - this section defines the applicability of the provisions of this bill and of title 49, USC, that relate to the transportation of household goods.
SEC. 5103. - This section amendments Title V of TEA LU to include certain provisions from HR 3551, the Science Committee's reported bill addressing research. From the Science Committee's bill, the amendment adds their Findings section, which provides guiding principles for the overall research program conducted by the Secretary of Transportation. The amendment also adds the Science Committee's definitions for "stakeholder input", "competition and peer review" and "performance review and evaluation". The amendment adds the Science Committee's approach to the Garret A. Morgan Technology and Transportation Education Program, an education program for students, particularly women and minorities. The amendment also adds the Science Committee's approach to "Programmatic Evaluations". The amendment further adds the Science Committee's program of a "Transportation Education Development Pilot Program". The amendment also adds the Science Committee's "Transportation research and development strategic planning" principles which will now govern the approach the Secretary of Transportation to implementing the research programs continued within TEA LU. The amendment also adds the Science Committee's approach to reform of the Bureau of Transportation Statistics, which includes amendment to the National Spatial Data Infrastructure effort, Intermodal Transportation Data Base, National Transportation Library and National Transportation Atlas Data Base. The amendment also adds the Science Committee's ITS Advisory Committee. The amendment also adds the Science Committee's "Road Weather Research and Development Program". The amendment also adds Centers for Surface Transportation Excellence.
SEC. 5201. - this section amends the requirements in the research, technology and education program for stakeholder input, competition and peer review, and performance review and evaluation.
SEC. 5203. - this section makes funding changes to the training and education program.
SEC. 5204. - this section amends the term 'materials' as used in this section to include recycled materials.
SEC. 5205. - this section adds the Garrett A. Morgan education program to the research title, as well as requires the Secretary to establish a grant program to institutions of higher learning that develop, test, and revise new curricula in partnership with industry.
SEC. 5209. - this section makes technical corrections to the strategic highway research program, as well as require the GAO to conduct a study of the grants, cooperative agreements, or contracts issued in the first three years of this program.
SEC. 5213. - this section amends the transportation research and development strategic plan.
SEC. 5302. - this section makes technical corrections to the university transportation research program.
SEC. 5501. - this section amends and make improvements to the statute that establishes the Bureau of Transportation Statistics.
SEC. 5605. - this section amends the requirements for who should be given funding under the high priority for funding.
SEC. 5607. - this section requires the Secretary to establish a road weather research and development program to maximize the use of road weather information, expand road weather developments to improve safety, and promote the use of road weather technology transfer.
SEC. 6001. - this section amends transportation planning to allow States the right to alter, amend or repeal interstate compacts.
SEC. 6002. - this section amends the existing environment review process.
SEC. 7003. - this section makes a technical correction to the definitions.
SEC. 7019. - this section makes technical changes to H.R. 3550 as reported.
SEC. 7020. - this section makes technical changes to H.R. 3550 as reported.
SEC. 8101. - This section sets discretionary spending limits on outlays for the highway and mass transit budget categories and for new budget authority for the mass transit category, for fiscal years 2004-2009. The section also defines budget accounts and establishes budgetary firewalls for highway account funded programs and the mass transit category programs.
SEC. 8102. - This section provides the mechanism to adjust highway spending in fiscal years 2006-2009 to align with the amount of highway receipts flowing into the highway account of the Highway Trust Fund.
SEC. 8103. - This section sets the annual obligation limitations for the highway category and mass transit category for fiscal years 2004-2009.
SEC. 9001. - This section increases the authorization for an existing program of high speed rail corridor development and technology improvement grants at a funding level of $100 million a year through fiscal years 2005-2012.
SEC. 9002. - This section authorizes such sums as may be necessary for capital grants to the Alaska Railroad.
(10 minutes)

2. Johnson, Eddie Bernice (TX) #51:
Requires the Department of Transportation's Section 104(j) report to be made available to the public in a user-friendly format via the internet. (10 minutes)

3. Flake #41:
Subtracts the amount that states receive in High Priority Program earmarks from their formula totals for the Surface Transportation Program. Prevents the Minimum Guaranty Program from backfilling for what comes out of states' Surface Transportation Program funding. Apportions to states, via formula, any funding remaining in the High Priority Program. (10 minutes)

4. Jackson-Lee #46:
Allows states to receive toll credits for any local, state, or private funds contributed to a toll project that exceed the minimum nonfederal 20% threshold required for federal match. (10 minutes)

5. Shadegg #40:
Ensures that Congestion Mitigation and Air Quality Improvement Program funds will be made available for areas which are not in attainment of air quality standards for either coarse particulate matter (PM-10) or fine particulate matter (PM-2.5). (10 minutes)

6. Schiff #5:
Strikes the toll requirement placed on hybrid gasoline-electric car users regarding the use of high-occupancy vehicle (HOV) lanes. (10 minutes)

7. Vitter #9:
Ensures the Interstate Route 49 Corridor is given priority consideration under the new National Corridor Infrastructure Improvement Program. (10 minutes)

8. Graves #6:
Eliminates liability under state law for an owner of a motor vehicle who is engaged in the business of renting and leasing motor vehicles provided there is no negligence or criminal wrongdoing on the part of the motor vehicle owner. Owner must maintain the required state limits of financial responsibility for each vehicle in accordance with the state where the vehicle is registered. Elimination of vicarious liability commences on the date of enactment. Defines "motor vehicle" and "owner." (10 minutes)

9. Chocola #1:
Provides for a 400-pound weight limit exclusion for any motor vehicle equipped with an idling reduction technology verified by the Environmental Protection Agency. (10 minutes)

10. Baird #35:
Expresses the Sense of Congress to clarify that the Buy America Act applies to overall projects, and not their component parts. (10 minutes)

11. Holt #34:
Preserves the authority and right of the State of New Jersey to restrict trucks to only using interstate highways, the New Jersey turnpike, and the Atlantic City Expressway in New Jersey unless they are traveling to a terminal or making pickups or deliveries on other roads in New Jersey. This would uphold current restrictions and policy and thus, by extension, affirm the right of all states to regulate super-sized trucks on the roads that are not part of the designated national highway system. (10 minutes)

12. Waters #29:
Prohibits the use of funds for surface transportation projects that are planned or required to implement any proposal to build a remote passenger check-in facility at Los Angeles International Airport (LAX). (10 minutes)

13. LoBiondo #32
Provides states eligibility to receive Section 410, Alcohol-Impaired Countermeasures grant funding to cover the costs of DWI vehicle impoundment programs. (10 minutes)

14. Wu #30:
Exempts projects, for which the Secretary of Transportation has received an application for final design, from the small start provisions of the bill. Allows recommended new start projects, which have applied for final design, to move forward on their original timeline and avoid unnecessary delay. (10 minutes)

15. LaTourette #52:
Requires that in the case of construction projects steel or iron used must be of U.S. origin; more than 60% of the cost components and subcomponenets of all manufactured products shall be of U.S. origin; and in the case of manufactured components final assembly must occur in the U.S.. The labor cost related to on-site construction, installation, and final assembly is not included in calculating the cost. (10 minutes)

16. Crowley #26:
Creates a pilot program that facilitates the use of natural gas buses at the nation's top 25 busiest airports. (10 minutes)

17. Bachus #2:
Exempts motion picture and television production truck drivers from the new hours of service regulations that went into effect at the beginning of this year. (10 minutes)

18. Bereuter #24:
Continues the farm supply and agricultural commodity exemption to the hours of service for drivers rules and clarifies the definition of "agricultural commodities" and "farm supplies for agricultural purposes." (10 minutes)

19. Ehlers #43:
Clarifies that the Surface Transportation Environment Cooperative Research Program authorized in the legislation will solely carry out the Transportation Research Board's Special Report 268. (10 minutes)

20. Bradley #19:
Increases the allowable weight of vehicles permitted to travel on interstate highways 93 and 89, in New Hampshire, from 80,000 to 99,000 pounds. Instructs the New Hampshire Department of Transportation to conduct a study to discern the economic, safety and infrastructure impact to the exemption. (10 minutes)

21. Kirk #4:
Authorizes states the authority to administer requirements governing the sounding of a locomotive horn when a train approaches and enters upon public highway-rail grade crossings. (10 minutes)

22. Kennedy, Mark (MN) #18:
Repeals the authority to indefinitely charge tolls on existing highway lanes, replacing it with language that allows tolls only on new voluntary-use lanes, with revenues dedicated to new highway capacity. (20 minutes)

23. Isakson/Mica/DeMint/Ehlers/Hoekstra/Burns/Chocola/Mario Diaz-Balart (FL)/ Coble/Scott, David (GA) #28:
Includes high priority projects and projects of national regional significance under the Minimum Guarantee, consistent with current law. It clarifies that the $4 billion saved by this amendment is returned to the five core programs of interstate maintenance, national highway system, bridges, surface transportation, congestion mitigation and air quality improvement programs. (40 minutes)

TEXT OF THE AMENDMENTS(.pdf)

PART A

AMENDMENT NUMBER ONE

AMENDMENT NUMBER TWO

PART B

1. YOUNG (AK)

2. JOHNSON (TX)

3. FLAKE

4. JACKSON-LEE

5. SHADEGG

6. SCHIFF

7. VITTER

8. GRAVES

9. CHOCOLA

10. BAIRD

11. HOLT

12. WATERS

13. LoBIONDO

14. WU

15. LaTOURETTE

16. CROWLEY

17. BACHUS

18. BEREUTER

19. EHLERS

20. BRADLEY

21. KIRK

22. KENNEDY