SUMMARY OF AMENDMENTS SUBMITTED TO THE RULES COMMITTEE ON H.R. 3, TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS

SUMMARY OF AMENDMENTS SUBMITTED TO THE RULES COMMITTEE ON
H.R. 3, TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS
(in alphabetical order)

SUMMARY OF AMENDMENTS

(summaries derived from information provided by sponsors)

Alexander #19
The non-Federal sponsors of the Lincoln Parish, LA/I-20 Transportation Corridor Program, elements of which are authorized by section 1702 of this Act, have committed $10 million in construction funding to date, far in excess of the required non-Federal share for elements funded through Federal programs in recent years. This amendment will ensure that past and current non-Federal funding of Program elements will be credited toward the required non-Federal matching share of any and all future Federal funding made available for the Program. This amendment will neither increase Federal costs nor reduce the amount of required local matches

Barton #23
Insures that assessment of risks to human health or the environment under programs under the Surface Transportation environment and planning cooperative research program section and subsequent use of such information is based on sound and objective scientific practices.

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.

Burgess (VA) #26
Removes federal restrictions on state procurement procedures for Design Building contracts; authorize the acceptance of multiple, unsolicited proposals when permitted by state and local law; permit 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; authorize a State to award a D/B contract prior to a final NEPA judgment. However, a project approval would be contingent on a NEPA compliance decision by the Secretary; and reopen 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.

Burgess #27
Changes the current calculation to a pro rata calculation, reflecting a states 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.

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. LATE

Cox #14
Clarifies that states are not pre-empted under federal law from requiring one or both of the following from tow-truck 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 tow-truck operator have written permission from the owner (or his lessee, or the employee or agent thereof) of the private property authorizing the non-consensual 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.

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

Davis, Tom (VA) #22
Makes changes to transit labor protections to bring them in line with protections provided to freight rail workers. The time for severance pay and other protections would be reduced to four years from the current six. Protection requirements would not be applied when new contractors take over service provision. Grants for purchase of like-kind eqipment or facilities would not have to be referred to the Department of Labor. Current law provides for 6 years of severance pay in the case that public transportation employees' jobs are lost as a result of a grant. The amendment would change the length of severance pay required under section 5333(b) to 4 years. The amendment would not change requirements for severance pay for workers covered under other laws, such as those governing the rights of railroad workers. Codifies a recent Dept. of Labor decision which found that a change in contractor would not produce obligations under section 5333(b).

Dreier #34
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.

Feeney #1
Exempts highway construction projects and mass transit projects from the provisions of Davis-Bacon.WITHDRAWN

Flake #24
Requires that funds made available to States under the minimum guarantee be treated as though they were State transportation revenues and not Federal funds.

Flake #25
Subtracts the amount that states receive in earmarks from their formula totals in the Surface Transportation Program. Would then apportion to states, via formula, any remaining funding that would have otherwise gone toward earmarks.

Fossella #10
Strikes the section making changes to the minimum guarantee.

Garrett #4
Allows states to voluntarily opt out of the Federal Gas Tax system, either entirely or partly, by allowing any state that raises their state gas tax, to have their federal gas tax offset by the same amount.

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.

Honda #8
States 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.

Inslee #15
Seeks to restore highway safety funds to the original levels proposed by the Committee in the 108th Congress.

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. LATE

Johnson, Eddie Bernice (TX) #20
Directs states to allocate Congestion Mitigation and Air Quality Improvement program (CMAQ) funds to local areas that are in non- attainment or maintenance of applicable national ambient air quality standards.

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 non-toll Interstate highway lanes onto tolled roads and then indefinitely toll those roads.

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.

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 serving 18 years.

LaTourette #6
Allows the City of Cleveland to enforce a local hiring preference enacted by the City despite the ordinance’s conflict with Federal-aid contracting law, when the city has been delegated the authority to construct Federal-aid highway projects.

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.

Moran (VA) #28
Broadens the permissible scope of state and local regulatory authority over tow trucks to include the "regulation of tow truck operations performed without the prior consent or authorization of the owner or operator of the motor vehicle." WITHDRAWN

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.

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.

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.

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.

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.

Spratt #32
Forgives the approximately $875,000 owed to the Federal Transit Authority in South Carolina. LATE

Thomas #33
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.LATE

Young #18
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 HR 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 HR 3. Technical adjustment for treatment of funding for programs funded under Sec. 1101 (a) (24) of HR 3. Technical adjustment for treatment of funding for programs funded under Sec. 1116 of HR 3. Technical adjustment for treatment of funding for programs funded under Sec. 1101 (a) (15) of HR 3. Technical adjustment for treatment of funding for programs funded under Sec. 1101 (a) (23) of HR 3.
Technical adjustment for treatment of funding for programs funded under Sec. 1101 (a) (13) of HR 3. Technical adjustment for treatment of funding for programs funded under Sec. 5208 and Sec. 5209 of the Transportation and Equity Act for the 21 st Century.
Technical adjustment for treatment of funding for programs funded under Sec. 1405 of HR 3. Technical adjustment to update Sec. 105 (a) of Title 23 to reflect other amendments in HR 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 HR 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; Technical adjustment to Sec. 1121(a)(3) of HR 3 treatment of administrative expenses. Technical adjustment to Sec. 1121 of HR 3 to conform to other changes made in the Manager’s Amendment. Technical adjustment to Sec. 1405 of HR 3 to conform Sec. 157 of Title 23 to other changes made in the Manager’s Amendment. Technical adjustment to Sec. 1601 of HR 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

* Summaries derived from information submitted by the amendment sponsors.