SUMMARY OF AMENDMENTS SUBMITTED TO THE RULES COMMITTEE ON H.R. 3550 - TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS

Summary of Amendments Submitted to the Rules Committee on
H.R. 3550 - TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS

RULE TO PROVIDE FOR CONSIDERATION OF H.R. 3550, AND AMENDMENTS MADE IN ORDER

(in alphabetical order)

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.

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

Bilirakis #39
Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to establish sanitary transportation practices to avoid the adulteration of food. Provides that the Department of Health and Human Services would set practices to be followed by shippers, carriers, and others.

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.?

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.

Carson#55
Establishes the Flexibility Incentive Grant Pilot Program (FIG). Under this program the Secretary of Transportation would be authorized to allocate funds to each state that increases transit expenditures by a certain percentage as compared to the previous year. States would be eligible for grants on the condition that they create new dedicated sources of revenue for public transportation. (Late)

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. (Revised)

Crowley #26
Creates a pilot program that facilitates the use of natural gas buses at the nation?s top 25 busiest airports.

Davis, Lincoln (TN)/Menendez/Blumenaur/Baird #44
Increases highway and transit investment by $37.8 billion, a level equal to that of the Senate-passed TEA 21 re-authorization bill; includes the Senate-passed Highway Trust Fund financing mechanisms (no gas tax increase); and fully offsets these investments by cracking down on abusive tax shelters, preventing American corporations from avoiding paying U.S. taxes by moving to a foreign country, and extending customs-user fees. (Late)

DeMint #17
Increases flexibility for states in the use of Surface Transportation Program funds when a safety concern is present. Allows a state to undertake a surface transportation project on any state-maintained public road if the state determines that the project is necessary to address high fatality rates or other safety-related concerns.

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. (Late)

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. (Late)

Fossella #3
Strikes Sec. 1124 ?Equity Requirement? which establishes a requirement that a law be enacted prior to FY06 that increases the minimum guarantee rate of return on a sliding scale to 95% by FY09. If the law is not enacted by September 30, 2005, funds may not be apportioned for various programs.

Gerlach #36
Encourages state and metropolitan transportation planning organizations to coordinate the development of their transportation plans and projects with local land use plans in order to ensure consistency and promote an appropriate balance between growth and preservation of natural resources. Encourages local, county, state and the federal government to work together to achieve greater consistency in comprehensive plans and land use regulations.

Gilchrest # 31
Dedicates 2% of surface transportation funds to help states construct stormwater runoff mitigation projects in relation to road construction.

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.?

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. (Revised)

Hunter #23
Requires states to determine the lawful presence of individuals applying for state drivers licenses. Each state has until September 30, 2006 to comply or 25% of the state?s highway funds will be withheld and reapportioned to complying states.

Inslee #13
Restores funding levels for the Highway Safety Program to the original levels in H.R. 3550, as introduced. The total amounts to $7.5 billion over six years. ($1 billion for FY04; $1.1 billion for FY05; $ 1.2 billion for FY06; $1.3 billion for FY07; $1.4 billion for FY08; and $1.5 billion for FY09).

Inslee #14
Improves the states? flexibility to address minimum levels of retroflectivity (visibility) for pavement markings and signs that will be required of the states. This will cost money but improve the driving environment, particularly making it safer for older drivers.

Isakson/Mica/DeMint/Ehlers/Hoekstra/Burns/Chocola/Mario Diaz-Balart/ Coble//Scott(GA) #27
Includes high priority projects under the Minimum Guarantee, consistent with current law.

Isakson/Mica/DeMint/Ehlers/Hoekstra/Burns/Chocola/Mario Diaz-Balart/Coble/Scott(GA) #28
Includes high priority projects and projects of national regional significance under the Minimum Guarantee, consistent with current law.

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. (Late)

Johnson, Eddie Bernice #49
Requires states to pass through Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds to areas of 200,000 or more under the same funding allocation rules that now apply under the Surface Transportation program STP program for urbanized areas of 200,000 or more. (Late)

Johnson, Eddie Bernice #50
Requires states to submit an annual report to addressing the activities and impact of the newly established congestion relief program. (Late)

Johnson, Eddie Bernice #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. (Late)

Kennedy (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.

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.

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. (Late)

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

LoBiondo #53
Requires the National Traffic Safety Board to conduct a study on the number of states that have adopted DWI vehicle impoundment laws and the number of severity of traffic accidents caused by individuals who were released from custody after being charged with a DWI. (Late)

LoBiondo #54
Sense of Congress that states should enact legislation to impound the vehicle of a driver arrested for driving under the influence and that individuals who pick up an arrested driver sign a document accepting custody. (Late)

Lowey/Boehlert #47
Extends minimum penalties under the Section 164 repeat offender program to individuals found driving with a blood alcohol content of .15 or higher.

Lynch #11
Prohibits companies that violate the Occupational Safety and Health Act (OSHA), when such violations lead to the death of an employee, from receiving federal transportation contracts for four years. Additionally, prohibits companies with outstanding OSHA fines from receiving any new federal transportation contracts.

McGovern #33
Extends existing Interstate Highway truck size and weight limitations on longer combination vehicles (LCV) to the larger National Highway System thereby increasing the highway safety and infrastructure protection benefits of these provisions.

Menendez #25
Sense of the Congress opposed to the outsourcing of American jobs. (Revised)

Millender-McDonald #16
Provides incentive for contractors, and local and state governments to leverage federal transportation funds to create immediate job opportunities and provide long-range training opportunities to local unemployed persons. Encourages contractors to include in their bids local hiring and training goals for transportation projects of greater than $10 million. Provides an incentive for contractors and local employment agencies to work together in coordinated outreach. Outreach will be targeted to local community colleges, high schools, apprentice programs, employment agencies, and non-profit groups to alert disadvantaged workers of the job availability and training opportunities that accompany transportation projects in their region. Allows states to provide up to 90 percent of the federal transportation matching funds to these localities that have worked in good faith to meet their state local hiring and job training goals.

Miller, Gary (CA) #42
Requires the Secretary of Transportation to initiate a pilot program whereby a designated number of states would assume the responsibility for conducting the federal environmental review process required by the National Environmental Policy Act (NEPA). Intent of the program is to delegate more authority to states to undertake the environmental review of projects in an effort to create a more efficient process of implementing projects. Includes a certification process, oversight by the Department of Transportation, a limited period of applicability, and annual reports to Congress. (Late)

Musgrave #15 - WITHDRAWN
Ensures the non-federal funds (state and private money) used to fund State Infrastructure Banks (SIBs) are not subject to Davis-Bacon prevailing wage provisions.

Quinn #48
Adds the maintenance of the protective devices installed at the grade crossings to the list of eligible projects allowed under the Highway/Rail Grade Crossing Program. (Late)

Rogers, Mike (MI) #37
Strikes language which authorizes two new Indian casinos in Port Huron and Romulus, Michigan and funding for traffic studies for each casino.

Rogers, Mike (MI) #38
Prohibits sale, possession, or use of traffic preemption systems by non-authorized users.

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

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). (Late)

Smith (MI) #57
Provides a tax credit for a biodiesel fuel used in agriculture and for other offroad purposes. The estimated cost is $118 million per year with an estimated average blend of 2%. This language is from the conference report to H.R. 6, The Energy bill as passed by the House, but limited to off-road use. (Late)

Tancredo #7
Withholds an escalating amount of highway apportionments (starting with 5% in FY 2006 and capping out at 25% in FY 2010) from those states who have enacted laws allowing the issuance of a state identification card or driver?s license to any alien not lawfully present in the United States.

Tancredo #8
Adjusts the maximum amount of relocation housing assistance under the Uniform Relocation Amendment Assistance allowed to reimburse tenants displaced by public works projects from $5,250 to $8,000. Also eliminates the authority of administrative agencies to disregard the cap and make payments to tenants in excess of $5,250, an authority that administrators have been using more often because the statutory cap has not been revisited in some time.

Tancredo #56
Withholds an escalating amount of highway apportionments (starting with 5% in FY06 and capping out at 25% in FY 2010) from those states that have enacted ?sanctuary laws?(laws that prohibit states or local government entities or officials from sending to, or receiving from the Department of Homeland Security information regrading an individuals citizenship or immigration status). (Late)

Tauscher #12
Exempts seven state-owned bridges in the San Francisco Bay Area from federal law that prohibits localities from spending locally generated toll revenue on non-capital projects.

Turner (TX) #20
Requires the Secretary of Transportation to enter into a memorandum of understanding with the Secretary of Homeland Security to define and clarify the respective roles and responsibilities of the Department of Transportation and the Department of Homeland Security relating to public transportation security within 90 days. The amendment contains text identical to the Senate legislation, and responds to a recommendation from the General Accounting Office in June 2003.

Turner (TX) #21
Authorizes a grant program to improve the security of public transportation systems, including rails, bus, and ferry transit to be administered by the Secretary of Homeland Security. Amendment authorizes $250 million for FY 2004 and such sums as are necessary for fiscal years 2005 through 2009. Grants would be made to local transit authorities for transit surveillance systems, communication systems, training, deployment of detectors for weapons of mass destruction, physical security of transit infrastructure, emergency response equipment, and public awareness. Funding under this section would be allocated according to a risk assessment, including assessment of threats, vulnerabilities, consequences of a terrorist attack, and past acts of terrorism.

Turner (TX) #22
Authorizes public transportation security grants within the formula grant section of the Mass Transit Account of the Highway Trust Fund, H.R. 3550 section 3034(a)(1)(C). The amendment authorizes $250 million per year from FY 2004 to FY 2009. Adds security grants to the ten uses of the formula grant funds in the underlying legislation. The grants would be made available to local transit authorities for transit surveillance systems, communication systems, training, deployment of detectors for weapons of mass destruction, physical security of transit infrastructure, emergency response equipment, and public awareness. Funding under this section would be allocated according to a risk assessment, including assessment of threats, vulnerabilities, consequences of a terrorist attack, and past acts of terrorism, in coordination with the Secretary of Homeland Security.

Vitter #9
Ensures the Interstate Route 49 Corridor is given priority consideration under the new National Corridor Infrastructure Improvement Program.

Vitter #10
Creates a pilot demonstration project for states with a high percentage of structurally deficient bridges. Provides grants to Louisiana, which ranks 10th nationally in percentage of deficient bridges, as part of a demonstration project to rehabilitate bridges.

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).

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.

Young, Don (AK) #45
Manager?s Amendment. May be revised---

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 change to clarify that this program is intended to fund construction of new capacity on the Interstate System.
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 amends 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. 5205. - 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 authorizes 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 expands the existing Railroad Infrastructure Finance (RRIF) loan program from $3.5 billion to $35 billion for the benefit of high speed passenger rail, major freight railroads and shortlines.
SEC. 9003. - This section authorizes grants of $350 million per year for FY2005 through 2007 for repair and upgrade of regional and shortline railroad infrastructure. Maximum federal share is 80%.
SEC. 9004. - This section authorizes such sums as may be necessary for capital grants to the Alaska Railroad.
SECS. 10101-10403 TITLE X - TAX PROVISIONS. - This title was added at the request of the Ways and Means Committee. This title extends all of the current Highway Trust Fund taxes to 2011. It also deposits the 2.5 cents per gallon tax on gasohol into the Highway Trust Fund and makes the Trust Fund whole for the 5.2 cents subsidy for gasohol. This title also contains provisions designed to reduce the occurrence of highway fuel tax evasion.

* Summaries derived from information submitted by the amendment sponsors.