H.R. 3 - TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS (part 1)

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Tuesday, March 8, 2005.
FLOOR ACTION: ADOPTED BY VOICE VOTE on March 8, 2004
MANAGERS: CAPITO/SLAUGHTER
109th Congress
1st Session

 

H. RES. 140
[Report No. 109-14]

 

H.R. 3 - TRANSPORTATION EQUITY ACT: A Legacy for Users (part 1)

1. Structured rule.

2. Provides two hours and 20 minutes of general debate, with two hours and 10 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Transportation and Infrastructure, including a final period of 10 minutes following consideration of the bill for amendment, and 10 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means.

3. Waives all points of order against consideration of the bill.

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 amendment 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 be 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, or except pursuant to a subsequent order of the House, 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 in the House or in the Committee of the Whole.

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

9. After disposition of the amendments printed in part B, the Committee shall rise without motion. No further consideration of the bill shall be in order except pursuant to a subsequent order of the House.

 

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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 consideration of the bill (H.R. 3) to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed two hours and 20 minutes, with two hours and 10 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Transportation and Infrastructure, including a final period of 10 minutes following consideration of the bill for amendment, and 10 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means. The amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill, modified by the amendment 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 or except pursuant to a subsequent order of the House. Each amendment in part B 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 in the House or in the Committee of the Whole. All points of order against amendments in part B are waived. After disposition of the amendments in part B, the Committee shall rise without motion. No further consideration of the bill shall be in order except pursuant to a subsequent order of the House.

 

PART A - SUMMARY OF AMENDMENT 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. 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. Defines budget accounts and establishes budgetary firewalls for highway account funded programs and the mass transit category programs. Provides the mechanism to adjust highway spending in fiscal years 2007-2009 to align with the amount of highway receipts flowing into the highway account of the Highway Trust Fund. Sets the annual obligation limitations for the highway category and mass transit category for fiscal years 2004-2009. Amends, upon enactment, clause 3 of rule XXI of the Rules of the House, by striking Transportation Equity Act for the 21st Century, and inserting Transportation Equity Act: A Legacy for Users. The amendment to clause 3 also allows limitations on specific projects without being subject to clause 3 of rule XXI. Provides guidance in interpreting clause 2 and 3 of rule XXI of the 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.

Text of Part A

 

PART B - SUMMARY OF AMENDMENTS MADE IN ORDER

1. Boozman #7
Allows operators of a property carrying motor vehicle to take up to 2 hours of off-duty time, as defined by FMSCA, during their 14 hours on-duty, so as not to exceed 16 hours.(10 minutes)

2. Conway #29
Exempts commercial motor vehicle operators working in field operations for the natural gas and oil industry from the hours of service rules issued by the Federal Motor Carrier Safety Administration. (10 minutes)

3. Kuhl #2
Amends the exemption for maximum driving and on duty time for drivers of motor carriers transporting agricultural commodities or farm supplies at the time of planting or harvest for a 100 air mile radius to the distribution point of the source of the commodities, by increasing the air mile radius to 150. (10 minutes)

4. Moran (KS) #9
Amends the exemption for maximum driving and on duty time for drivers of motor carriers transporting agricultural commodities or farm supplies at the time of planting or harvest for a 100 air mile radius to the distribution point of the source of the commodities by including in the definition of "agricultural commodities", livestock, food, feed, and fiber, and other farm products. Also extends to the agricultural hours of service exemption the same protection that currently applies to well drilling rigs. (10 minutes)

5. Kuhl #3
Names a portion of Interstate 86 in upstate New York, in the vicinity of the City of Corning , the "Amo Houghton Bypass", after Former Congressman Amo Houghton who retired from Congress in 2004 after serving18 years. (10 minutes)

6. Osborne # 17
Exempts the State of Nebraska from the ISTEA 1991 truck length freeze, subject to a change in state statute, to allow the operation of commercial vehicle combinations not exceeding 81 feet, 6 inches for custom harvesters operating in the State of Nebraska. These commercial vehicle combinations can only be used for the purposes of harvesting wheat, soybeans, and milo on a contract basis during the harvest months for such crops, as determined by the State. (10 minutes)

7. Cox/Moran (VA) #14
Clarifies that states are not preempted under federal law from requiring one or both of the following from towtruck operators when they are removing a vehicle from private property without the consent of the vehicle owner or operator: First, a state can require that the towtruck operator have written permission from the owner (or his lessee, or the employee or agent thereof) of the private property authorizing the nonconsensual tow; and second, a state can require that the owner (or his lessee, or the employee or agent thereof) of the private property be present at the time the vehicle is towed from the private property. (10 minutes)

8. Kennedy (MN) #11
Streamlines tolling authority to charge tolls on new lanes, and it dedicates those revenues to the user fee purpose. Restricts the authority to convert existing nontoll Interstate highway lanes into tolled roads and then indefinitely toll those roads. (20 minutes)

9. Davis, Tom (VA) #21
Removes the requirement that toll rates on high occupancy toll lanes be differentiated for low income drivers. (10 minutes)

10. Graves #5
Eliminates liability under state law for an owner of a motor vehicle or their affiliate 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 or affiliate. The owner or affiliate must maintain the required state limits of financial responsibility for each vehicle in accordance to the state where the vehicle is registered. (20 minutes)

(Summaries derived from information provided by the amendment sponsor.)

TEXT OF THE AMENDMENTS(.pdf)

1. Boozman #7

2. Conaway #29

3. Kuhl #2

4. Moran (KS) #9

5. Kuhl #3

6. Osborne #17

7. Cox/Moran (VA) #14

8. Kennedy (MN) #11

9. Davis, Tom (VA) #21