H.R. 3 - TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS (part 2)

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Tuesday, March 9, 2005.
FLOOR ACTION: ADOPTED BY VOICE VOTE on March 8, 2004
MANAGERS: CAPITO/SLAUGHTER
109th Congress
1st Session

H.R. 3 - TRANSPORTATION EQUITY ACT: A Legacy for Users (part 2)

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 contemplated in House Resolution 140).

4. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution.

5. Provides that the amendments printed in the report 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, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

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

7. Provides one motion to recommit with or without instructions

 

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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. 3) 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 House Resolution 140) shall be in order. No further amendment to the bill, as amended, shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such 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, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of the final period of debate, 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.

SUMMARY OF AMENDMENTS MADE IN ORDER

1. Young (AK) #31
Manager's Amendment

Title I:

Adjustments to the programmatic funding levels listed in Sec. 1101;
The following 10 adjustments increase the scope over what it was in H.R. 3 as reported out of Committee: Technical adjustment to Sec. 1103(a)(1) to adjust deductions for administrative expenses.
Technical changes for deductions for FMCSA administrative expenses. Technical adjustment for treatment of funding for programs funded under Sec. 1101 (a) (20) of H.R. 3. Technical adjustment for treatment of funding for programs funded under Sec. 1101 (a) (24) of H.R. 3. Technical adjustment for treatment of funding for programs funded under Sec. 1116 of H.R. 3. Technical adjustment for treatment of funding for programs funded under Sec. 1101 (a) (15) of H.R. 3. Technical adjustment for treatment of funding for programs funded under Sec. 1101 (a) (23) of H.R. 3.
Technical adjustment for treatment of funding for programs funded under Sec. 1101 (a) (13) of H.R. 3. Technical adjustment for treatment of funding for programs funded under Sec. 5208 and Sec. 5209 of the Transportation and Equity Act for the 21st Century.
Technical adjustment for treatment of funding for programs funded under Sec. 1405 of H.R. 3. Technical adjustment to update Sec. 105 (a) of Title 23 to reflect other amendments in H.R. 3. These adjustments include High Priority Projects as part of the calculation provided for in Sec. 105 of Title 23. Technical adjustment to update calculation of 105(a) of Title 23 to reflect other amendments in H.R. 3.
Creates an additional adjustment to Sec. 105 of Title 23 to increase funds apportioned to states under the calculation in Sec. 105 (e) of Title 23. This change adjusts a State's allocation to ensure that no State receives less funding under this program due to the fact that High Priority Projects are part of the calculation provided for in Sec. 105 of Title 23; This provision adjusts the scope of H.R. 3 to achieve 92.6%. Technical adjustment to Sec. 1121(a)(3) of H.R. 3 treatment of administrative expenses. Technical adjustment to Sec. 1121 of H.R. 3 to conform to other changes made in the Manager's Amendment. Technical adjustment to Sec. 1405 of H.R. 3 to conform Sec. 157 of Title 23 to other changes made in the Manager's Amendment. Technical adjustment to Sec. 1601 of H.R. 3 to conform Sec. 188 of Title 23 to other changes made in the Manager's Amendment. Sets a minimum percentage of obligation authority for allocated Federal highway programs. Amends section 202 of title 23, United States Code to authorize the Secretary of Transportation to enter into a funding agreement or contract with Indian tribes or tribal governments for the purpose of carrying out highway, road, bridge, parkway, or transit projects. Also authorizes amounts to be appropriated for use by the Secretary of the Interior for Indian reservation roads program management oversight and project-related administrative expenses. Also specifies the amount that may be used for bridge preconstruction activities, such as engineering and design.
Adds a new section to establish and implement a freight intermodal distribution pilot grant program to facilitate and support intermodal freight transportation initiatives at inland ports and freight facilities.
Makes technical corrections regarding construction work in Alaska.
Makes a number of technical changes to project descriptions under Sec. 1602 of the Transportation Equity Act for the 21st Century (TEA 21). Amends section 1105(e) of the Intermodal Surface Transportation Efficiency Act (ISTEA) to include a route segment on the Interstate system. Rescinds $7 billion in unobligated balances of Federal highway contract authority apportioned before September 30, 2009.
Title II
Requires the Secretary to develop a model statute for states relating to drug impaired driving, based on a report from the National Institutes of Health;
Includes, as a uniform guideline for State highway safety programs, a program to prevent use of vehicles designed for nine and fifteen passengers to transport school children to and from school and school related events.
Establishes a pilot program for the optimization of emergency medical services for rural states.
Increases minimum apportionment for section 402 safety grants from one-half of one percent to three-quarters of one percent.
Title III
Sets a 25 percent total program cap on the amount of Clean Fuels bus grants that can be spent to purchase diesel buses in a fiscal year.
Sets a total estimated net capital project cost ceiling of $200 million for new starts projects to be eligible for consideration under the new "Small Starts" program.
Corrects an error in the low density adjustment formula for smaller urbanized areas.
Language is added to a directed rulemaking on Buy America requiring FTA to clarify that: (1) grantees can apply for a post-award waiver; and (2) when utilizing grant funds in a negotiated procurement process, Buy America compliance be determined on the basis of certifications submitted with the final offer.
Amends section 5323(i) regarding the Government's share of costs attributable to compliance with the Americans with Disabilities Act and the Clean Air Act to make facilities eligible as well as vehicle-related expenses.
Provides that transit properties may allow governmental fleets and private companies access to alternative fueling facilities.
Prohibits states from requiring public transit agencies to purchase buses through in-state dealerships.
Makes a number of technical to new starts project descriptions and several new project authorizations are added.
Adds a new section providing forgiveness of outstanding balances on a Federal Transit Administration grant agreement.
Title IV
Clarifies rulemaking to permit persons to act as substance abuse professionals.
Requires a Canadian or Mexican commercial motor vehicle operator to undergo background reviews similar to those for US operators, before transporting hazardous materials in the U.S.
Adds a section that requires motor carriers, brokers, and freight forwarders to charge a fuel surcharge when the regional priced diesel fuel, as measured by the Department of Energy, rises above the benchmark price per gallon.
Requires the Federal motor carrier safety regulations apply to all interstate operations of vehicles designed to transport nine to fifteen passengers (including the driver).
Title V
Provides funding for physical demonstrations of ultra-high performance concrete studies at the Turner-Fairbanks facility.
Increases funding for current asphalt and modified asphalt studies.
Authorizes $500,000 each year from fiscal year 2005 through 2009 to carry out section 5215.
Authorizes the National Academy of Sciences to carry out research projects and provide a report on the need to establish a cooperative research program on hazardous materials transportation.
Continues funding for the existing Transportation Technology Innovation and Demonstration program.
Clarifies the Surface Transportation Environment and Planning Cooperative Research program.
Title VI
No changes made
Title VII
Strikes a rulemaking for standards on endorsement for hazardous material transportation and related fees.
Authorizes appropriations for a national hazardous materials incident response system.
Directs the Secretary to study and report on the advantages and disadvantages of constructing and operating a common carrier pipeline system.
Title VIII
No changes made
Title IX
This title was added to increase 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 2006-2013.
Title X
Extends the authority to spend money from the Highway Trust Fund (HTF) and Aquatic Resources Trust Fund (ARTF) through September 30, 2009. Updates the purposes for which money may be spent from the trust funds to include the new reauthorization bill. Extends the excise taxes that finance the HTF through September 30, 2011. The taxes are extended two years beyond the reauthorization period in order to comply with Tax Code rules that require a 2-year cushion in the HTF. The requirement to retain a portion of the motorboat and small engine fuel taxes in the General Fund is not extended. As a result, the full fuel tax would be transferred to the ARTF after September 30, 2005. Includes two technical corrections to the highway funding provisions that were enacted in P.L. 108-357, the American Jobs Creation Act to reflect the original intent of the provisions. (30 minutes)

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

3. Burgess #27
Changes the current calculation to a pro rata calculation, reflecting a state's level of investment in a toll facility. Currently it is a zero sum situation where any federal funds in a toll facility would negate any toll credits to a state regardless of the high level of investment by that state. (10 minutes)

4. Burgess #26:
Removes federal restrictions on state procurement procedures for Design Building (D/B) contracts; authorizes the acceptance of multiple, unsolicited proposals when permitted by state and local law; permits a single consultant to do environmental work, as well as design and construction work in a single contract, subject to State review and review by the Secretary of Transportation; authorizes a State to award a D/B contract prior to a final NEPA judgment. A project's approval would be contingent on a NEPA compliance decision by the Secretary; reopens the rule making process to correct inequities to States and so they are not precluded from: allowing proposers to include alternative technical concepts in base proposals; issuing a proposal request or a notice to proceed with design work prior to EPA compliance; proceeding with the award of a D/B contract. (10 minutes)

5. Issa #30
Expresses the Sense of Congress that the Department of Transportation and the States should provide additional incentives to encourage the purchase and use of hybrid and other fuel efficient vehicles. (10 minutes)

6. Pascrell/LoBiondo/Menendez #16
Allows states to enact anti-corruption laws curbing the practice of "pay-to-play" contracting without losing their federal-aid highway dollars. (10 minutes)

7. Rogers (MI) #12
Prohibits the sale or use of a traffic signal preemption transmitter (device that changes or alters a traffic signal's phase time or sequence) by a non-government approved user. Violators would be subject to a fine of up to $10,000 or one year imprisonment. (10 minutes)

8. Pitts #13
Provides small transit systems with additional time to find alternative solutions to address the financial crisis they face when losing flexibility in the use of Section 5307, federal transit funds. (10 minutes)

9. Honda #8
Provides that basic grant funds authorized under the Alcohol-Impaired Driving Countermeasures section can be used for Driving While Intoxicated Courts that seek to change the behavior of alcohol or drug dependent offenders arrested while driving while impaired. (10 minutes)

10. Barton #23
Provides that assessments of risks to human health or the environment, pursuant to research or studies under the surface transportation environment and planning and cooperative research program, and subsequent use of such studies, follow sound and objective scientific practices and describe the weight of the scientific evidence. (10 minutes)

11. Shadegg #18
Revises the formula by which funds are allocated under the Congestion Mitigation and Air Quality Improvement Program to include areas in non-attainment or maintenance for fine and coarse particulate matter (PM-2.5 and PM-10). The amendment ensures that funds will be available to assist areas which are not in attainment for particulate matter air quality. (10 minutes)

12. Flake #25
Subtracts the amount that states receive in earmarks from their formula totals in the Surface Transportation Program. Apportions to states, via formula, any remaining funding that would have otherwise gone toward earmarks. (10 minutes)

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

TEXT OF THE AMENDMENTS (.pdf)

1. Young #31

2. Davis, Tom (VA) #21

3. Burgess #27

4. Burgess #26

5. Issa #30

6. Pascrell/LoBiondo/Menendez #16

7. Rogers (MI) #12

8. Pitts #13

9. Honda #8

10. Barton #23

11. Shadegg #18