TheWeekInCongress.com
Week Ending March 11, 2005
HR 3 to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.
{To read the list of State transportation projects and spending amounts go here>>State Projects Page
BRIEF
If it carries a person or an object on land this bill has something to say about it. From improving teen driving to rules governing penalties for driving under the influence of alcohol; from driver license revisions and hazardous waste transportation to who can drive what on public lands the bill leaves few transportation stones unturned, but it is the spending for transportation projects that gets Congress excited because most of the funds are distributed for those projects and most of the politics center on getting pet projects funded. The bill does not address maritime or air transportation.
Most of the project funding comes from the Highway Trusts Fund, a fifty-some year old program of gasoline taxes and other transportation user fees that are earmarked exclusively for transportation matters. The reported 18.4 cent per gallon Federal gas tax breaks down to 15.44 cents credited to the highways and 2.86 cents credited to mass transit spending.
A multi-year bill covering six years it was due for reauthorization in 2004 but both the House and the Senate versions exceeded President Bush’s warning that he would veto any bill that exceeded $284 billion. This bill is, for the moment at least, below the President’s “veto level”.
This reauthorization takes a strong look at the expense of traffic congestion. As the committee report explained, “Traffic congestion cost motorists in the nation's 75 largest urban areas a staggering $69.5 billion in 2001 in terms of wasted time and fuel, $4.5 billion more than in 2000. This $69.5 billion total cost equates to an average annual cost per urban resident--adults and children--of about $520.
“Congestion negatively impacts our environment by increasing emissions and wasting fuel. Vehicles in stop-and-go traffic emit more pollutants--particularly carbon monoxide and volatile organic compounds--than when operating without frequent braking and acceleration. In addition, 5.7 billion gallons of fuel were wasted in 2001 due to traffic congestion in cities alone. This amount of fuel would fill 570,000 gasoline tank trucks that would stretch from New York to Las Vegas and back again.” The report also noted that rush hour travel takes 39% longer than non-rush hour travel due to congestion nationwide.
The bill concerns itself with the following categories:
1. Federal Aid to Highways; a project intense title that is funded by highway taxes, includes ferry boat and ferry facility construction, bridges, roadways, traffic congestion relief, safety concerns, road use fees, tunnels, even the use of bridge destruction debris for other purposes.
2. Highway Safety.
3. The Federal Transit Administration programs such as metropolitan and statewide planning, and a variety of grants to research and development projects, bicycle facilities, transportation in national parks, alcohol testing, fuel cell development and projects related to buses and mass transit.
4. Motor Carrier Transportation and Safety including standards for commercial driver’s licenses, maximum hours of service for commercial drivers, the impact of diabetes mellitus on licensing, driving small passenger vans across state lines, and regulations requiring the moving industry to not hold household goods hostage for payment.
5. Transportation Research and Development includes grants and subsidies to look into advanced travel forecasting, congestion relief, remote sensing devices, heavy vehicle research and development and transportation related scholarships.
6. Transportation Planning and Project Delivery is largely administrative.
7. Hazardous Material Transportation including training of handlers, defining hazardous materials, application of international considerations, fines and penalties for mishandling.
Sponsor: Representative Don Young (R-AK)
Vote: Passed House 417 to 9, 9 not voting. (Mar. 10, 2005) (RC 65). A motion to recommit with instructions to increase spending beyond $300 billion failed 190 to 235, 10 not voting. (Mar. 10, 2005) (RC 64)
Cost to the taxpayers: Approximately $284 billion. “CBO has not yet completed a cost estimate for the entire bill. CBO estimates that implementing the major provisions of H.R. 3 would result in new discretionary spending of $157 billion over the 2006-2010 period, assuming appropriation actions consistent with the funding levels specified in the bill. For the core programs authorized by the bill (primarily, the Federal-Aid Highway program and transit programs), H.R. 3 would provide contract authority for most of the highway and some transit programs, establish obligation limitations for the major highway programs, and authorize appropriations for other programs for fiscal years 2004 through 2009. The sum of new spending authority under the bill for those core programs is approximately $284 billion over that six-year period. Funding for 2004 and much of 2005 has already been enacted; thus, some of the spending from that total has already occurred or will occur under current law. Similarly, some of the discretionary spending from the new funding will occur after the 2006-2010 period covered by this cost estimate. ## All Rights Reserved. © 2005 TheWeekInCongress.com No reproduction or distribution without written permission from TheWeekInCongress.com.
MORE INFORMATION
SPECIFIC PROJECTS BY STATE AND AMOUNT AUTHORIZED.
SPENDING BREAK DOWN BY BILL TITLES
EXPLANATION OF THE NEED FOR THE BILL FROM THE TRANSPORTATION COMMITTEE REPORT.
SECTION BY SECTION ANALYSIS FROM THE TRANSPORTATION COMMITTEE REPORT.
SPECIFIC PROJECTS BY STATE AND AMOUNT AUTHORIZED
SPENDING BREAKDOWN BY BILL TITLES
(a) In General- The following sums are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account):
(1) INTERSTATE MAINTENANCE PROGRAM-
$4,323,076,000 for fiscal year 2004,
$4,431,153,000 for fiscal year 2005,
$4,541,932,000 for fiscal year, 2006,
$4,655,480,000 for fiscal year 2007,
$4,771,867,000 for fiscal year 2008, and
$4,891,164,000 for fiscal year 2009.
(2) NATIONAL HIGHWAY SYSTEM-
$5,187,691,000 for fiscal year 2004,
$5,317,383,000 for fiscal year 2005,
$5,450,318,000 for fiscal year 2006,
$5,586,576,000 for fiscal year 2007,
$5,726,240,000 for fiscal year 2008, and
$5,869,396,000 for fiscal year 2009.
(3) BRIDGE PROGRAM-
$3,709,440,000 for fiscal year 2004,
$3,802,176,000 for fiscal year 2005,
$3,897,231,000 for fiscal year 2006,
$3,994,661,000 for fiscal year 2007,
$4,094,528,000 for fiscal year 2008, and
$4,196,891,000 for fiscal year 2009.
(4) HIGHWAY SAFETY IMPROVEMENT PROGRAM-
$630,000,000 for fiscal year 2005,
$645,000,000 for fiscal year 2006,
$660,000,000 for fiscal year 2007,
$680,000,000 for fiscal year 2008, and
$695,000,000 for fiscal year 2009.
(5) SURFACE TRANSPORTATION PROGRAM-
$6,052,306,000 for fiscal year 2004,
$6,203,614,000 for fiscal year 2005,
$6,358,704,000 for fiscal year 2006,
$6,517,672,000 for fiscal year 2007,
$6,680,614,000 for fiscal year 2008, and
$6,847,629,000 for fiscal year 2009.
(6) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM-
$1,469,846,000 for fiscal year 2004,
$1,506,592,000 for fiscal year 2005,
$1,544,257,000 for fiscal year 2006,
$1,582,863,000 for fiscal year 2007,
$1,622,435,000 for fiscal year 2008, and
$1,662,996,000 for fiscal year 2009.
(7) APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM PROGRAM- $460,000,000 for fiscal year 2004 and
$470,000,000 for each of fiscal years 2005 through 2009.
(8) RECREATIONAL TRAILS PROGRAM-
$53,000,000 for fiscal year 2004,
$70,000,000 for fiscal year 2005,
$80,000,000 for fiscal year 2006,
$90,000,000 for fiscal year 2007,
$100,000,000 for fiscal year 2008, and
$110,000,000 for fiscal year 2009.
(9) FEDERAL LANDS HIGHWAYS PROGRAM-
(A) INDIAN RESERVATION ROADS-
$325,000,000 for fiscal year 2004,
$365,000,000 for fiscal year 2005,
$390,000,000 for fiscal year 2006,
$395,000,000 for fiscal year 2007,
$420,000,000 for fiscal year 2008, and
$420,000,000 for fiscal year 2009.
(B) PARK ROADS AND PARKWAYS-
$170,000,000 for fiscal year 2004,
$185,000,000 for fiscal year 2005,
$200,000,000 for fiscal year 2006,
$215,000,000 for fiscal year 2007,
$225,000,000 for fiscal year 2008, and
$225,000,000 for fiscal year 2009.
(C) PUBLIC LANDS HIGHWAY-
$260,000,000 for fiscal year 2005,
$280,000,000 for fiscal year 2006,
$280,000,000 for fiscal year 2007,
$290,000,000 for fiscal year 2008, and
$300,000,000 for fiscal year 2009.
(D) REFUGE ROADS-
$20,000,000 for each of fiscal years 2004 through 2009.
(10) NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM-
$600,000,000 for fiscal year 2005,
$600,000,000 for fiscal year 2006,
$600,000,000 for fiscal year 2007,
$600,000,000 for fiscal year 2008, and
600,000,000 for fiscal year 2009.
(11) COORDINATED BORDER INFRASTRUCTURE PROGRAM-
$200,000,000 for fiscal year 2005,
$200,000,000 for fiscal year 2006,
$200,000,000 for fiscal year 2007,
$200,000,000 for fiscal year 2008, and
$225,000,000 for fiscal year 2009.
(12) PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE PROGRAM- $1,100,000,000 for fiscal year 2005,
$1,100,000,000 for fiscal year 2006,
$1,200,000,000 for fiscal year 2007,
$1,300,000,000 for fiscal year 2008, and
$1,300,000,000 for fiscal year 2009.
(13) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES-
$60,000,000 for fiscal year 2004,
$70,000,000 for fiscal year 2005,
$75,000,000 for fiscal year 2006,
$75,000,000 for fiscal year 2007,
$75,000,000 for fiscal year 2008, and
$75,000,000 for fiscal year 2009.
(14) NATIONAL SCENIC BYWAYS PROGRAM-
$30,000,000 for fiscal year 2004,
$40,000,000 for fiscal year 2005,
$45,000,000 for fiscal year 2006,
$55,000,000 for fiscal year 2007,
$55,000,000 for fiscal year 2008, and
$60,000,000 for fiscal year 2009.
(15) CONGESTION PRICING PILOT PROGRAM-
$15,000,000 for fiscal year 2004,
$15,000,000 for fiscal year 2005,
$15,000,000 for fiscal year 2006,
$15,000,000 for fiscal year 2007,
$15,000,000 for fiscal year 2008, and
$15,000,000 for fiscal year 2009.
(16) DEPLOYMENT OF 511 TRAVELER INFORMATION PROGRAM-
$6,000,000 for each of fiscal years 2005 through 2009.
(17) HIGH PRIORITY PROJECTS PROGRAM-
$2,496,450,000 for fiscal year 2005,
$2,244,550,000 for fiscal year 2006,
$2,143,250,000 for fiscal year 2007,
$2,192,450,000 for fiscal year 2008, and
$2,050,450,000 for fiscal year 2009.
(18) FREIGHT INTERMODAL CONNECTOR PROGRAM-
$250,000,000 for fiscal year 2005,
$250,000,000 for fiscal year 2006,
$250,000,000 for fiscal year 2007,
$250,000,000 for fiscal year 2008, and
$250,000,000 for fiscal year 2009.
(19) HIGH RISK RURAL ROAD SAFETY IMPROVEMENT PROGRAM-
$105,000,000 for fiscal year 2005,
$110,000,000 for fiscal year 2006,
$120,000,000 for fiscal year 2007,
$125,000,000 for fiscal year 2008, and
$130,000,000 for fiscal year 2009.
(20) HIGHWAY USE TAX EVASION PROGRAM- For highway use tax evasion projects under section 143 of title 23, United States Code,
$12,000,000 for fiscal year 2004,
$30,000,000 for fiscal year 2005,
$30,000,000 for fiscal year 2006,
$20,000,000 for fiscal year 2007,
$10,000,000 for fiscal year 2008, and
$7,000,000 for fiscal year 2009.
(21) PEDESTRIAN AND CYCLIST EQUITY-
(A) SAFE ROUTES TO SCHOOL PROGRAM- For the safe routes to school program under section 1120(a) of this title, $150,000,000 for fiscal year 2005,
$175,000,000 for fiscal year 2006,
$175,000,000 for fiscal year 2007,
$175,000,000 for fiscal year 2008, and
$200,000,000 for fiscal year 2009.
(B) NONMOTORIZED PILOT PROGRAM-
25,000,000 for each of fiscal years 2005 through 2009.
(22) DEDICATED TRUCK LANES- For dedicated truck lanes under section 1305 of this title,
$165,000,000 for each of fiscal years 2005 through 2008 and
$170,000,000 for fiscal year 2009.
(23) HIGHWAYS FOR LIFE PROGRAM- For the Highways for LIFE program under section 1504 of this title,
$55,000,000 for fiscal year 2005 and
$60,000,000 for each of fiscal years 2006 through 2009.
(24) COMMONWEALTH OF PUERTO RICO HIGHWAY PROGRAM-
$115,000,000 for fiscal year 2004,
$125,000,000 for fiscal year 2005,
$130,000,000 for fiscal year 2006,
$130,000,000 for fiscal year 2007,
$140,000,000 for fiscal year 2008, and
$140,000,000 for fiscal year 2009.
AMENDMENTS AND VOTES
1. H.AMDT.20 to allow operators of a property carry motor vehicle to take
up to 2 hours of off-duty times, as defined by FMSCA, during their 14 hours
on-duty, so as not to exceed 16 hours.
Sponsor: Rep. John Boozman [R-AR-3rd]
By unanimous consent, the Boozman amendment was withdrawn.
2. H.AMDT.21 to exempt commercial motor vehicle operators working field
operations for the natural gas and oil industry from the hours of service rules
issued by the Federal Motor Carrier Safety Administration.
Sponsor: Rep. Michael K. Conaway [R-TX-11th]
Failed by recorded vote: 198 - 226 (RC 56).
3. H.AMDT.22 to H.R.3 Am amendment numbered three printed in Part B of
House Report 109-14 to amend 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.
Sponsor: Rep. John R. Kuhl, Jr. [R-NY-29th]
By unanimous consent, the Kuhl (NY) amendment was withdrawn.
4. H.AMDT.23 to amend 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 for harvest for a 100 air mile radius to the
distribution point of the commodities by including in the definition of
"agricultural commodities", livestock, food, feed, and fiber, and other farm
products. Amendment also extends to the agricultural hours of service exemption
the same protection that currently applies to well drilling rigs.
Sponsor: Rep Moran, Jerry [R-KS-1st]
Agreed to by recorded vote: 257 - 167 (RC 57).
5. H.AMDT.24 to H.R.3 An amendment numbered five printed in Part B of
House Report 109-14 to name 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.
Sponsor: Rep. John R. Kuhl, Jr. [R-NY-29th]
Agreed to by voice vote.
6. H.AMDT.25 to exempt the State of Nebraska from the ISTEA 1991 truck
length freeze, subject to change in states statute, to allow the operation of
commercial vehicle combinations not exceeding 81 feet, 6 inches for custom
harvesters operating in the State of Nebraska.
Sponsor: Rep. Tom Osborne, [R-NE-3rd]
Agreed to by recorded vote: 236 - 184 (RC 58).
7. H.AMDT.26 to clarify 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 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.
Sponsor: Rep. Christopher Cox, [R-CA-48th]
Agreed to by voice vote.
8. H.AMDT.27 to streamline tolling authority to charge tolls on new
lanes, and it dedicates those revenues to the user fee purpose. Additionally the
amendment restricts the authority to convert existing non-toll Interstate
highway lanes onto tolled roads and then indefinitely toll those roads.
Sponsor: Rep Kennedy, Mark R. [R-MN-6th]
Failed by recorded vote: 155 - 265 (RC 59).
9. H.AMDT.28 to eliminate 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 states where the vehicle is registered.
Sponsor: Rep. Sam Graves, [R-MO-6th]
Agreed to by recorded vote: 218 - 201 (RC 60).
10. H.AMDT.29 to make adjustments to the programmatic funding levels
listed in Sec. 1101; to make adjustments to increase the scope over what it was
in H.R. 3 as reported out of Committee and several other technical changes.
Sponsor: Rep. Don Young, [R-AK]
Agreed to by voice vote.
11. H.AMDT.30 to remove the requirement that toll rates on high occupancy
toll lanes be differentiated for low income drivers.
Sponsor: Rep. Tom Davis, [R-VA-11th]
Agreed to by recorded vote: 224 - 201 (RC 62).
12. H.AMDT.31 to change 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.
Sponsor: Rep. Michael C. Burgess, [R-TX-26th]
Agreed to by voice vote.
13. H.AMDT.32 to remove federal restrictions on state procurement
procedures for Design Building (D/B) 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 DIB contract prior to a final
NEPA judgment; (a project's approval would be contingent on a NEPA compliance
decision by the Secretary); 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 DIB contract.
Sponsor: Rep. Michael C. Burgess, [R-TX-26th]
By unanimous consent, the Burgess amendment was withdrawn.
14. H.AMDT.33 to express 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.
Sponsor: Rep Issa, Darrell E. [R-CA-49th]
Agreed to by voice vote.
15. H.AMDT.34 to allow states to enact anti-corruption laws curbing the
practice of `pay-to-play' contracting without losing their federal-aid highway
dollars.
Sponsor: Rep. Bill Pascrell, Jr. [D-NJ-8th]
Agreed to by voice vote.
16. H.AMDT.35 to prohibit 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.
Sponsor: Rep. Mike Rogers, [R-MI-8th]
Agreed to by voice vote.
17. H.AMDT.36 to provide 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.
Sponsor: Rep. Joseph R. Pitts, [R-PA-16th]
Agreed to by recorded vote: 228 - 197 (RC 63).
18. H.AMDT.37 to H.R.3 An amendment numbered 9 printed in House Report
109-15 to provide 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.
Sponsor: Rep Honda, Michael M. [CA-15] (introduced 3/10/2005) Cosponsors
(None)
Latest Major Action: 3/10/2005 House amendment agreed to. Status: On
agreeing to the Honda amendment Agreed to by voice vote.
19. H.AMDT.38 to provide 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.
Sponsor: Rep. Joe Barton, [R-TX-6th]
Agreed to by voice vote.
20. H.AMDT.39 to revise 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.
Sponsor: Rep. John B. Shadegg, [R-AZ-3rd]
By unanimous consent, the Shadegg amendment was withdrawn.
21. H.AMDT.40 to subtract 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.
Sponsor: Rep. Jeff Flake, [R-AZ-6th]
By unanimous consent, the Flake amendment was withdrawn.
EXPLNATION OF THE NEED FOR THE BILL FROM TRANSPORTATION COMMITTEE REPORT
The purpose of this bill is to authorize funds for Federal-aid highways, highway safety, truck safety, public transportation, transportation research, transportation planning and project delivery, hazardous materials transportation, and other surface transportation programs carried out by the United States Department of Transportation, to be financed primarily through the Federal Highway Trust Fund.
Enactment of H.R. 3, the Transportation Equity Act: a Legacy for Users (TEA LU), is the Committee's highest priority this year. This legislation will set the course for highway development, highway safety, truck safety, and public transportation programs for the remainder of this decade. It will also ensure the integrity of the Highway Trust Fund and the ability of the Trust Fund to meet our nation's surface transportation infrastructure needs. These needs are important and they must be satisfied.
Increased investment in transportation infrastructure has far-reaching impacts on the quality of life in our communities, our nation's economy, and our competitiveness in the world marketplace. Every American and every business will benefit from such investment by experiencing shortened travel times, increased productivity, and improved safety.
Throughout our nation's history, economic growth, prosperity, and opportunity have followed investments in the nation's infrastructure. From the `internal improvements' of the early 1800's--canals, locks, and roads--to the Interstate Highway System of today, infrastructure investment has been our foundation for economic growth. For example, between 1980 and 1991, almost one-fifth of the increase in productivity in the U.S. economy was attributable to investment in highways.
Our nation's highways, transit and rail systems, pipelines, airports, harbors, and waterways not only provide the backbone of our economy by moving people and goods, they also employ millions of workers and generate a significant share of total economic output. Transportation-related goods and services generate 10 percent of our total Gross Domestic Product.
In addition to facilitating economic growth, our transportation system has a direct and significant impact on the daily lives of nearly all Americans. The average household spends 19 percent of its income on transportation, more than on any other expense except housing, and the average person travels 40 miles each day.
To the average American, higher Federal investment in surface transportation infrastructure will mean:
Shorter commutes that save time, fuel, and reduce pollution.
Better access to work, school, health care, and recreation.
Lives saved--many of the more than 42,000 highway fatalities each year could be prevented by building better roads and improving the safety features of existing roads.
Safer systems to accommodate the transport of hazardous materials, estimated at more than 1.2 million shipments per day and an annual movement of 4 billion tons.
Despite the importance of transportation to our economy and the quality of life in our communities, many of our nation's transportation infrastructure needs are going unmet. This has resulted in, among other things, an alarming increase in congestion.
Congestion is a major national problem and is increasing. In 1999, 167 major highway bottlenecks located in 30 states plus the District of Columbia were identified. Using the same methodology, the number of major bottlenecks has now grown to more than 230. According to the Texas Transportation Institute's 2003 Urban Mobility Study, a study of congestion in the nation's 75 largest urban areas, traffic congestion levels have increased in every area since 1982. Congestion now extends to more times of the day, more roads, affects more trips, and creates more extra travel time than in the past.
In fact, the extra time needed for rush hour travel has tripled over the last two decades. The national average Travel Time Index for 2001 was 1.39 (meaning a rush hour trip took 39 percent longer than a non-rush hour trip). The national average in 1982 was only 1.13. This problem is not restricted to the largest cities. In small urban areas (less than 50,000 in population), this index has nearly quadrupled over these same years, indicating that even smaller areas are not able to keep pace with rising demand.
The cost of congestion is continuing to climb. Traffic congestion cost motorists in the nation's 75 largest urban areas a staggering $69.5 billion in 2001 in terms of wasted time and fuel, $4.5 billion more than in 2000. This $69.5 billion total cost equates to an average annual cost per urban resident--adults and children--of about $520.
Congestion negatively impacts our environment by increasing emissions and wasting fuel. Vehicles in stop-and-go traffic emit more pollutants--particularly carbon monoxide and volatile organic compounds--than when operating without frequent braking and acceleration. In addition, 5.7 billion gallons of fuel were wasted in 2001 due to traffic congestion in cities alone. This amount of fuel would fill 570,000 gasoline tank trucks that would stretch from New York to Las Vegas and back again.
Perhaps most importantly, reducing highway congestion saves lives. If modest improvements were made to improve the traffic flow at the severe bottlenecks identified in the highway organization study discussed above, the number and severity of vehicle crashes would be lessened. Over the 20-year life of the projects, such improvements would prevent more than 449,500 crashes, including some 1,750 fatalities and 220,500 injuries.
Congress has established, over time, a series of trust funds to collect user fees and then invest those funds on capital improvements. The Highway Trust Fund was established in the 1956 Highway Revenue Act to specifically link taxes on motor fuels to funding for highways. The Highway Revenue Act increased some of the existing user fees, established new ones, and provided most of the revenues from these taxes would be credited to the Highway Trust Fund. In the 1982 Surface Transportation Assistance Act, a separate Mass Transit Account was established in the Highway Trust Fund to receive part of the motor fuel user fee receipts. Subsequent increases in the user fee brought the Federal gas tax to 18.4 cents. In 1997, the Taxpayer Relief Act redirected a 4.3-cent diversion of user fee payments from the general fund to the Highway Trust Fund. Currently, all Federal motor fuel user fee receipts are deposited to the Highway Trust Fund, with 15.44 cents credited to the Highway Account and 2.86 cents credited to the Mass Transit Account. One of this Committee's highest priorities is to ensure that the user fees deposited into these trust funds are in fact used for their intended purposes--to rebuild our nation's highway and transit infrastructure.
The Highway Trust Fund is: (1) wholly self-financed by the users; (2) a dedicated revenue source; (3) self-supporting, operating on a pay-as-you-go basis; and (4) deficit proof. The Highway Trust Fund represents a contract between the government and the user that specifies that certain user fees will be levied on the users of highways and, in return, the government pledges to use the receipts to build transportation infrastructure for the taxpayer's use.
A major accomplishment of the 1998 Transportation Efficiency Act for the 21st Century (TEA 21) was reestablishing trust with the taxpayer by creating a budgetary mechanism to ensure that the user fees deposited in the Highway Trust Fund are spent for their intended purpose. Maintaining these budgetary firewalls and spending guarantees are a top priority for the Committee.
SECTION BY SECTION ANALYSIS FROM TRANSPORTATION COMMITTEE REPORT
TITLE I - FEDERAL AID TO HIGHWAYS
Sec. 1101. Authorizations of Appropriations
Subsection (a) authorizes funds out of the Highway Trust Fund (other than the Mass Transit Account) for the following highway programs: Interstate Maintenance Program, National Highway System, Bridge Program, Highway Safety Improvements Program, Surface Transportation Program, Congestion Mitigation and Air Quality Improvement Program, Appalachian Development Highway System Program, Recreational Trails Program, Federal Lands Highways Program, National Corridor Infrastructure Improvement Program, Coordinated Border Infrastructure Program, Projects of National and Regional Significance Program, Construction of Ferry Boats and Ferry Terminal Facilities, National Scenic Byways Program, Congestion Pricing Pilot Program, Deployment of 511 Traveler Information Program, High Priority Projects Program, Freight Intermodal Connector Program, High Risk Rural Road Safety Improvement Program, Highway Use Tax Evasion Program, Pedestrian and Cyclist Equity, Dedicated Truck Lanes, Highways for LIFE Program, and Commonwealth of Puerto Rico Program.
Subsection (b) continues the disadvantaged business enterprise (DBE) program with minor changes. The Committee finds there is a continuing compelling need for the DBE program. In enacting TEA 21 in 1998, Congress compiled an extensive record on the effects of discrimination in transportation contracting. Much of this information remains valid today. We agree with those courts that have observed that evidence concerning the exclusion of disadvantaged groups remains relevant over a considerable period of time. The Committee has relied on the information that Congress used in 1998 in finding a continuing compelling need for the DBE program.
The Committee has also taken notice of data about the period between 1998 and today. The data demonstrates the continuing need for the program, as DBEs are still not able to compete on the same basis as other businesses. First, the regulation, found constitutional in a series of recent court rulings, tells recipients to set overall goals. Under the rules, recipients may set DBE contract goals only for that portion of the overall goal that cannot be achieved by completely race-neutral means. Highway and transit program data for 2000-2002 shows that the overwhelming majority of recipients have to set DBE contract goals to achieve all or part of their overall goals. Unfortunately, race-neutral means alone cannot overcome the persisting effects of discrimination.
Second, in several states for which DOT has comparative 2002 data, participation by minority- and women-owned businesses in state-funded highway contracts to which no contract goals applied fell well short both of DBE overall goals and DBE participation in federally-assisted contracts. If states are to ensure equal opportunity for DBEs, contract goal programs remain essential. Third, DOT provided 15 detailed studies from states and cities that found disparities between the availability and utilization of minority- and women-owned businesses in government contracting. The courts agree that it is fair to make an inference of discriminatory exclusion from such disparities.
Sec. 1102. Obligation ceiling
This section provides the obligation limitation for the federal-aid highway and highway safety construction programs. Subsection (b) addresses the exemptions to the obligation limitation. Paragraphs 1-8 in this subsection are identical to TEA 21. Paragraph (9) is added to address three year obligation authority (OA) made available under TEA 21 for research programs and `no-year' OA made available for certain programs and projects under TEA 21 or in subsequent appropriations acts. Subsections (c), (d), (e), (f), (g), (h), and (i) address how the obligation authority is distributed, the redistribution of unused obligation authority, and the limitation on obligations for administrative expenses are virtually identical to TEA 21.
Sec. 1103. Apportionments
This section makes changes to the process by which apportionments are made pursuant to Section 104 of Title 23. Subsection (a) of this section amends the way administrative expenses for FHWA and FMCSA are provided. These expenses were formerly funded as a takedown and are now a specific authorized amount.
Subsection (b) of this section changes the set-aside amount for the Alaska Highway and the set-asides for the U.S. Territories under the National Highway System program apportionment formula.
Subsection (c) of this section requires the report mandated by Section 104(j) of Title 23 be available on the Internet.
Subsection (d) of this section makes a conforming amendment to the metropolitan planning set-aside formula to reflect the fact that administrative expenses are no longer funded as a takedown.
Subsection (e) of this section updates the reference for the Puerto Rico Highway program, replacing the TEA 21 reference with a TEA LU reference.
Sec. 1104. Minimum guarantee
Sec. 1105. Project approval and oversight
This section amends the Financial Plan portion of section 106 of title 23 requiring states with a project that costs $500 million or more to submit an annual financial plan.
Sec 1106. Use of excess funds
This section allows states to audit projects funded with apportionments under sections 104 and 144 of title 23 to determine whether there are excess project funds. If the audit reveals that there are excess funds, the state may develop a plan for spending the apportionment for the design or construction of other similar eligible projects. The state must certify to the Secretary that an audit was conducted and has developed a plan. Excess funds used to carry out a project under this section are subject to the requirements of this title that are applicable to the program for which the funds were originally apportioned.
Sec. 1107. Temporary traffic control devices
This section amends Section 109(e) of Title 23 and Section 112 of Title 23 to require that contracts for federally funded highway construction projects include costs for appropriate safety measures. The amendment to Section 109 requires that temporary traffic control devices be installed and maintained during construction and maintenance projects in order to provide protection for construction workers. The amendment to Section 112 requires the Secretary to issue regulations establishing the conditions for and the appropriate use of federal funds for uniformed law enforcement officers, positive protective measures between traffic and workers, and installation of temporary traffic control devices during construction and maintenance projects.
Sec. 1108. Revenue aligned budget authority
This section continues the revenue aligned budget authority, but in a way that ensures greater stability in program funding level adjustments.
Sec. 1109. Emergency relief
This section authorizes additional amounts for this program above the $100 million per year to be derived from the General Fund. It is the Committee's intent that if there is the need for additional funds over and above the annually authorized level of $100 million that those funds be appropriated from the General Fund.
Sec. 1110. Surface transportation program
This section continues the requirement in Section 133(f)(1) of Title 23 that States suballocate a portion of their Surface Transportation Program funds to urbanized areas with over 200,000 individuals.
Sec. 1111. Highway use tax evasion projects
This section continues the existing program to combat highway use tax evasion and makes changes designed to reduce tax evasion and increase receipts into the Highway Trust Fund.
The Highway Use Tax Evasion program supports State and Federal efforts to enhance motor fuel tax enforcement. To make the program more effective, this provision would amend section 143 of title 23 to: (1) dedicate funding for intergovernmental enforcement efforts; (2) allow projects for identification of tax evasion in the area of foreign imported fuel; (3) assist States and Indian Tribes in addressing issues related to the collection of State motor fuel taxes; and (4) provide for annual reporting on examinations, criminal investigations, and audits by the States and the Internal Revenue Service (IRS).
Sec. 1112. Appalachian Development Highway System
This section directs the Secretary to apportion funds made available for the Appalachian Development Highway System (ADHS) among the states on the basis of the estimated cost to complete the system. It specifies that such funds are subject to title 23 requirements and are available to construct ADHS highways and access roads. It also prohibits the use of toll revenues as non-federal match for the construction, improvement, and maintenance of highways, bridges, or tunnels.
Sec. 1113. Construction of ferry boats and ferry terminal facilities
Subsections (a) and (b) codify the existing Ferry Boat Discretionary Program authorized in Section 1064 of ISTEA. Subsection (c) requires the Secretary to establish a national ferry database. It is the Committee's intent that the information collected and maintained in this database will be used as part of the decision making process for funding allocations under this program.
Sec. 1114. Interstate maintenance discretionary
This section eliminates the Interstate Maintenance Discretionary program in Section 118 of Title 23. The Committee does not intend to have any changes to this program affect any projects that have already been funded under this program.
Sec. 1115. Highway bridge
Subsection (a) retains the principles for applications for and approval of Federal assistance for bridge replacement or rehabilitation allowed in current law. It also includes additional language to allow Federal participation in preventive maintenance on a bridge, as well as, installing scour countermeasures to a bridge.
Subsection (b) continues the discretionary bridge program and subsection (c) changes the lower bound for the off-system set-aside from 15 percent to 20 percent.
Sec. 1116. Transportation and community and system preservation program
This section reauthorizes the program for fiscal years 2004 through 2009. It prohibits funds made available for this program from being transferred to other programs, and establishes the Federal cost share for projects carried out under this program in accordance with section 120(b) of title 23. Subsection (c) establishes a pilot program to support transportation planning and public participation in decision making.
Sec. 1117. Deployment of magnetic levitation transportation projects
This section details the funding and eligibility requirements for constructing fixed guideway infrastructure, as well as the related components necessary for the construction, but not including costs incurred for a new station. Eligible projects under this section must involve a segment or segments of high speed ground transportation corridor, result in an operating transportation facility that provides a revenue-producing service and be approved by the Secretary. It is the Committee's intent for this program to be administered as a new program and not the continuation of any previously authorized program.
Sec. 1118. Recreational trails
This section makes various improvements to the recreational trails program established in section 206 of title 23, U.S. Code.
Subsection (a) amends 23 U.S.C. 104(h) to permit the use of administrative funds for training and deletes reference to the National Recreational Trails Advisory Committee.
Subsection (b) amends 23 U.S.C. 206(d)(2) regarding permissible uses of funds to include assessment of trail conditions and to clarify that new trails on Federal lands must be recommended in a statewide comprehensive outdoor recreation plan.
Subsection (c) strikes 23 U.S.C. 206(b)(3)(C), which permits States to waive requirements regarding distribution of funds for various types of projects.
Subsection (d) amends 23 U.S.C. 206(f) to provide that the Federal share for recreational trails projects shall be determined in accordance with section 120(b) of title 23 and allows recreational trails funds to be used toward the Federal share of certain other Federal programs.
Subsection (e) amends 23 U.S.C. 206(h)(1) to provide that pre-approval planning and environmental compliance costs can be credited toward the non-Federal share of a project.
Subsection (f) directs the Secretary to encourage the States to use qualified youth conservation or service corps to complete trail projects.
Sec. 1119. Federal lands highways
Subsection (a) amends the contracting provisions of the Indian reservation roads program in section 202(d)(3) of title 23. This section was added to the United States Code in TEA 21. The Committee felt at that time that the congressional intent with regard to tribal contracting authority was clear. Unfortunately, the Committee now believes the full intent of the TEA 21 amendments has not been fulfilled. This subsection aims to clarify the intent of the Committee on this important point for the Indian tribes.
The Committee is aware that certain tribes currently possess the ability to carry out themselves, or contract directly with outside providers, highway, bridge, and transit projects that are located on Indian reservations or that provide access to the reservations, including planning, research, engineering, and construction activities relating to such projects. Other tribes are developing their ability to perform those functions.
This amendment to section 202(d)(3) of title 23 is intended to empower Indian tribes that have the ability and interest to carry out the activities in-house or to contract directly with outside providers for the activities consistent with the Indian Self-Determination and Education Assistance Act. It allows tribes to choose, on a project-by-project basis, those activities that they want to perform themselves or to contract directly with outside providers. At the same time, existing capabilities within the Bureau of Indian Affairs are retained to support tribes that do not have such ability or interest. It directs that funds be paid directly by the Federal Highway Administration (FHWA) to the Indian tribal government when a tribe carries out, or contracts directly with outside providers for, a planning, research, engineering, or construction activity relating to a highway, bridge, or transit project located on an Indian reservation or that provides access to the reservation. Furthermore, it directs FHWA to determine the amount of funds for such activity and project that is to be received by the Indian tribe according to the funding formula established under section 202(d) of title 23, without deducting from it any non-project-related administrative take-down or project management costs imposed by the Bureau of Indian Affairs or the Department of the Interior.
Sec. 1120. Conservation measures
This section makes changes to the Refuge Roads program and the Forest Roads program to clarify eligibility for activities that protect wildlife. This section also authorizes a study on reducing wildlife-vehicle collisions.
Sec.1121. Pedestrian and cyclist equity
This section establishes two new programs--a Safe Routes to School Program and a Nonmotorized Transportation Pilot Program.
Subsection (a) establishes a Safe Routes to School Program for the benefit of children in primary and middle schools. The purposes of the program are to enable and encourage children, including those with disabilities, to walk and bicycle to school; to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and to facilitate the planning, development and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools.
Funding is made available by formula to state departments of transportation on the basis of student enrollment in primary and middle schools. No state will receive less than $2 million annually. Funds will be used by the state to provide financial assistance to state, local and regional agencies, including nonprofit organizations, which demonstrate an ability to meet the requirements of this section.
The program funds two distinct types of projects: infrastructure projects and non-infrastructure related activities. States should be encouraged to create competitive application forms, criteria, and evaluations that are appropriate for the two different types of projects.
The creation of a state level safe routes to school coordinator position provides a central point of contact for the program. Funding for the state level safe routes to school coordinator position is not included in the 10 to 30 percent of funds required to be used for non-infrastructure related activities under this subsection. The state coordinator's position is to be funded from the balance of the state's safe routes to school funds.
The safe routes to school clearinghouse provides an important opportunity to insure successful implementation of the program. As a new program, states will be interested in guidance on implementing the program effectively and efficiently. The clearinghouse can provide case studies, gather and disseminate information, track implementation, and monitor the program.
Given the broad scope of safe routes to school activities, the Committee acknowledges the need to include a broad range of agencies and organizations in the Task Force authorized by this section. In addition to representatives from federal agencies, additional task force members could include representatives from state and local agencies as well as relevant non-profit organizations and associations including organizations or associations that represent automobile drivers.
Subsection (b) establishes a Nonmotorized Transportation Pilot Program to construct a network of nonmotorized transportation infrastructure facilities in four communities to demonstrate the extent to which bicycling and walking can carry a significant part of the transportation load. This program is designed to develop the statistical information necessary to properly evaluate the impact of investments in nonmotorized travel and increases in pedestrian and bicycle trips on congestion, energy usage, clean air and public health. It recognizes that only complete, comprehensive and connected networks of nonmotorized transportation facilities will provide the opportunity for the pedestrian and bicycle usage needed for the measurement of impacts.
In making grants, the Secretary may select public agencies that are suitably equipped and organized to carry out the requirements of this subsection. An agency that receives a grant under this subsection may work with and provide grant funds to a nonprofit organization to assist in carrying out the program.
Sec. 1122. National commissions
This section establishes two commissions, one to study future revenue sources to support the Highway Trust Fund and another to study the future of the Interstate Highway System. Both commissions are established using the same criteria for the selection of the members. This section also amends section 101 of title 23 to include a declaration of policy regarding the study of the Interstate Highway System.
The Commission on Future Revenue Sources to Support the Highway Trust Fund will study alternative short-term sources of revenue for the Highway Trust Fund, as well as evaluating alternative long-term sources of revenue to support the Highway Trust Fund. When studying the long-term sources, the Commission is directed to consider the findings, conclusions, and recommendations of a recent study completed by the Transportation Research Board of the National Academy of Sciences on alternatives to the user fee to support highway financing.
The Commission is directed to develop ways to generate revenues to accomplish the requirements of section 1125; oversee a comprehensive investigation of alternatives to replace the user fee as the principal source of revenue for the Highway Trust Fund; consult with the Secretaries of Transportation and Treasury to ensure that their views concerning essential revenue alternatives are understood; consider State transportation agencies views on alternative revenue sources for the Highway Trust Fund; and make specific recommendations regarding their findings and necessary actions to Congress.
When considering alternative sources of revenue, the Commission shall address the advantages or disadvantages of alternative revenue sources and identify the most promising revenue sources to support long-term financing requirements. The Commission shall also establish a time frame for which the necessary actions must be taken and a broad transition strategy to move from the current user fee base to new funding mechanisms, including the time frame for the transition strategy.
Not later than September 30, 2005, the Commission shall transmit to Congress a report on revenues to support actions necessary to meet the requirements of section 1125. The Commission has until September 30, 2006 to transmit to Congress a report on the alternative long-term sources of revenue for the Highway Trust Fund.
The Commission on the Future of the Interstate Highway System will study the current condition and future of the Dwight D. Eisenhower National System of Interstate and Defense Highways (the `Interstate System'). The study will include a conceptual plan with alternative approaches for the future of the Interstate System and will assure that the Interstate System will continue to serve its National needs.
The Commission is directed to consider the views of State transportation agencies and make specific recommendations regarding design standards, Federal policies, and legislative changes that must be made to assure that national interests in meeting future needs are addressed.
When conducting the study, the Commission is specifically directed to address all issues that could impact the Interstate system including, demographics; usage; natural disasters; design standards; system-wide needs; potential expansion, upgrades, or other changes; community values; environmental issues; and system performance.
The Commission has until September 30, 2006 to transmit to Congress a report on the results of the study.
Sec. 1123. Adjustments for the Surface Transportation Extension Act of 2004, PART V
This section is reserved for instructions on how to reconcile adjustments made in the Surface Transportation Extension Act of 2004 with this Act, Part V.
Sec. 1124. Roadway safety
Subsection (a) directs the Secretary to enter into an agreement with an organization to develop a public service campaign to educate transportation officials, public safety officials, and motorists regarding the extent to which road hazards and design features are a factor in motor vehicle crashes.
Subsection (b) directs the Secretary to make grants to an organization to operate a national bicycle and pedestrian clearinghouse, to disseminate techniques and strategies for improving bicycle and pedestrian safety, and to develop information and educational programs related to pedestrian activities and cycling.
Sec. 1125. Equity requirement
This section establishes a requirement that a law be enacted prior to FY 2006 that increases the minimum guarantee rate of return to 95 percent by FY 2009. Subsection (a) states that a law must be enacted that increases the guaranteed rate of return to 92 percent in fiscal year 2006, 93 percent in fiscal year 2007, 94 percent in fiscal year 2008, and 95 percent in fiscal year 2009. The law that increases the rate of return must also ensure that all states receive an increase in formula funds from year to year. The increase can either be derived from the minimum guaranteed rate of return or from the state's prior year apportioned highway funds adjusted for inflation using the consumer price index.
If the law referenced above is not enacted by September 30, 2005 no funds may be apportioned for any of the following programs: the National Highway System program, high priority program, the Interstate maintenance program, the surface transportation program, the Metropolitan Planning program, the highway bridge replacement and rehabilitation program, the congestion mitigation and air quality improvement program, the recreation trails program, the Appalachian development highway system, the freight intermodal connectors program, the coordinated border infrastructure program, the high risk rural road safety improvement program, the safe routes to schools program, and the minimum guarantee program.
Sec. 1201. Motor vehicle congestion relief
This section adds a new Section 139 to title 23 of the U.S. Code. Section 1201 would require each State with an urbanized area population over 200,000 to obligate a portion of its formula funds to target congestion in those areas of the State. The amount to be obligated in each State is determined by multiplying the total amount apportioned to each State under Sections 104(b)(1), (2), (3) and (4) of title 23 by 10 percent and by the percentage of the State population residing in urbanized areas over 200,000.
Under-one activities--40 percent of the funds will be obligated for congestion relief activities that will be complete within one year after the date of commencement of onsite improvements and has a project cost of less than $1 million.
Under-three activities--35 percent of the funds will be obligated for congestion relief activities that will be complete within three years after the date of commencement of onsite improvements.
Twenty-five percent of the funds will be obligated by a State for one or more of the following: under-one, under-three, eligible capital costs under Chapter 53 of Title 49, or qualified demand relief projects and activities.
States are not required to obligate proportional or equal amounts of their Section 104(b)(1), (2), (3) and (4) funds. Section 1201 does not change the eligibility of projects under Section 104. States may transfer amounts for under-one activities to under-three if the State certifies to the Secretary it has no under-one congestion relief activities.
Congestion relief activities include additional capacity, improvements to interchanges, construction of parallel roads, construction of truck only lanes, operational improvements, and through programs that use existing capacity more efficiently such as reversible lanes or lane management strategies.
Sec. 1202. Transportation systems management and operations
Section 1202 broadens the definition of Operational Costs for Traffic Monitoring, Management and Control in Section 101(a)(17) of title 23 to include transportation systems management and operations. It also broadens the definition of Operational Improvements in Section 101(a)(18)(A)(i) to include equipment and programs for transportation response to natural disasters.
Section 1202 also adds a new definition (39) Transportation Systems Management and Operations to Section 101(a) of Title 23. The term covers regional operations collaboration and coordination between transportation and public safety agencies to optimize the performance of existing transportation infrastructure and to improve the safety, security, and reliability of federal-aid highways through such activities and programs as highway and traffic demand management, emergency and traffic incident management, roadway weather management, traveler information services, traffic signal control, freight management, and intermodal coordination.
Communications equipment is central to traffic incident management. Integrated, interoperable, emergency communications equipment should be part of TSMO for congestion relief.
Section 1202 also adds a new section 166 to Title 23 called Transportation Systems Management and Operations. This section gives the Secretary authority to develop and execute a comprehensive TSMO policy in coordination with other Federal departments and agencies, State and local governments, and other interested parties.
This section also authorizes a study on Intelligent Transportation System procurement policy.
Sec. 1203. Real-time system management information program
This section requires the Secretary to establish a program that provides to all States the capability to monitor, in real-time, the traffic and travel conditions of the nation's major highways and to share the information with other States, local governments, and the traveling public.
The Secretary is required to establish a steering committee to provide guidance regarding the content and uniformity of data exchange formats to ensure that data can be shared.
With approval from the Secretary, States may obligate certain formula funds for activities related to the planning and deployment of this program.
Sec. 1204. Expedited national intelligent transportation systems deployment
Section 1204 requires the Secretary to establish a comprehensive program to accelerate the integration, interoperability and deployment of intelligent transportation systems in order to improve the performance of the surface transportation system.
The Secretary may make grants for projects that improve efficiency, promote safety, reduce emissions of air pollutants, improve traveler information, and build on existing intelligent transportation system projects and other projects.
Sec. 1205. Intelligent transportation systems (ITS) deployment
Section 1205 adds a new section 150 to title 23 that requires States to obligate a portion of their formula funds for the deployment of ITS systems in the State. The amount that each State shall spend is determined by multiplying $500,000,000 by the ratio that a state's total funds apportioned under section 104(b)(1), (b)(2), (b)(3) and (b)(4) of title 23 bears to the total amount apportioned to all States for such fiscal year.
Funds must be obligated for ITS projects such as improvements to the performance of a system like incident management, projects that provide for networks to link metropolitan and rural surface transportation systems, improvements to highway safety, operation and management, interagency support between transportation agencies, police, medical services and others, and planning.
States are not required to obligate proportional or equal amounts of their Section 104(b)(1), (2), (3) and (4) funds. Section 1201 does not change the eligibility of projects under Section 104.
Sec. 1206. Environmental review of activities that support deployment of intelligent transportation systems (ITS)
This section requires the Secretary to conduct a rulemaking within one year to establish categorical exclusions, to the extent appropriate, for activities that support the deployment of ITS from the requirement that an environmental assessment or an environmental impact statement be prepared under NEPA, in compliance with the standards for categorical exclusions established by NEPA.
The Secretary shall also develop a nationwide programmatic agreement governing the review of activities that support ITS deployment in accordance with the National Historic Preservation Act. The agreement will be developed in consultation with the National Conference of State Historic Preservation Officers and the Advisory Council on Historic Preservation.
Sec. 1207. State assumption of responsibility for certain programs and projects
This section provides the Secretary the authority to conduct a pilot program for up to five states to assume the responsibilities of the Secretary for projects funded under Section 104(h), transportation enhancement activities under Section 133, as defined in Section 101(a)(35), and projects defined in Section 101(a)(38) of title 23, and Section 5607 of TEA LU.
Sec. 1208. HOV facilities
This section adds a new section 168 to title 23 that authorizes the use of High Occupancy Vehicle lanes. Subsection (a) of the proposed section 168 in title 23 allows a state agency to establish the occupancy requirements of vehicles operating on an HOV facility except that no fewer than 2 occupants per vehicle may be required for use of a HOV facility.
This section also provides the exemptions for the HOV occupancy requirements including motorcycles, bicycles, public transportation vehicles, and High Occupancy Toll (HOT) vehicles and low emission and energy-efficient vehicles.
For HOT lanes the state agency must charge operators of vehicles with less than the established occupancy requirements a fee. The agency must also establish a program that addresses how motorists can enroll and participate in the toll program, automatically collects tolls, and establishes policies and procedures to manage demand by varying the toll, enforce violations, and permit low-income drivers to pay a reduced toll.
For inherently low emission vehicles, a state may allow the use of HOV lanes even if the occupancy requirements are not met so long as the vehicles are certified pursuant to section 88.311-93 of title 40, Code of Federal Regulations. The state agency may also allow other low emission and energy efficient vehicles to pay a toll to use HOV lanes even if the occupancy requirements are not met if those vehicles meet the certification requirements that the EPA is directed to develop in subsection (e). The toll amount charged to low emission vehicles not certified pursuant to the CFR and other energy efficient vehicles may be less than other HOT lane vehicles, or the toll may be zero.
This section also sets requirements applicable to tolls on HOV lanes. This subsection verifies that HOV facilities on the Interstate can be tolled pursuant to the provisions of this section. The subsection also states that the state agency must first use the toll revenue to repay debt and provide a reasonable rate of return on investments and then must give priority consideration to projects for developing alternatives to single occupancy vehicle travel and projects for improving highway safety, including projects that improve safety by providing increased capacity.
This section addresses HOV facility management, operation, monitoring and enforcement. If a state agency allows single occupancy HOV vehicles to use the facility it must ensure that vehicles maintain a minimum operating speed 90 percent of the time over a 6-month period during weekday peak travel periods.
Sec. 1209. Congestion pricing pilot program
This section amends the congestion pricing pilot program established under the Intermodal Surface Transportation Equity Act of 1991 to expand the authority to conduct such projects to all States, although the number of congestion pricing pilot projects is limited to 25. The limit of 25 projects includes all projects previously approved under this section (prior to the enactment of TEA LU) that collect tolls. This section also requires that any congestion pricing toll programs include a program for low-income drivers to pay a reduced toll. This section also sets aside $3 million a year for congestion pricing programs that do not include tolls.
Sec. 1210. Congestion mitigation and air quality improvement program eligibility
This section clarifies that transportation system management and operations are an eligible activity under this program.
Sec. 1211. Special rules for state assumption of responsibilites
This section refers to certain rules for the pilot program established in Section 1207.
Sec. 1212. Opening of interstate ramps
This section provides for opening a ramp connecting I-495 and Arena Drive in the State of Maryland.
Sec. 1301. National corridor infrastructure improvement program
This section directs the Secretary to establish and implement a program to allocate funding to States for highway construction projects in corridors of national significance. A State must submit applications to the Secretary for funds.
The Secretary shall give priority to corridor projects that are part of, or will be designated as part of, the Dwight D. Eisenhower National System of Interstate and Defense highways and to any project that will be complete in five years. The Secretary shall consider such factors as mobility, economic growth, linking two existing segments of Interstate, commercial vehicle traffic due to NAFTA, reduction of travel time, value of the cargo traveling through the corridor, economic costs, and the financing associated with the project.
Sec. 1302. Coordinated border infrastructure program
This section establishes a new formula program for border infrastructure projects. The Secretary apportions funds to the States based upon several factors: incoming commercial trucks passing through land border ports of entry; the number of incoming personal motor vehicles and buses passing through the land border ports of entry; the weight of incoming cargo by commercial trucks passing through such ports of entry; and the number of land border ports of entry.
Definitions--`Border region' means any portion of a border State within 20 miles in an international land border with Canada or Mexico. `Border State' means any State that has an international land border with Canada or Mexico. `Commercial Truck' means a commercial motor vehicle as defined in section 31301(4) (other than subparagraph (B)) of title 49, U.S.C.
Sec. 1303. Freight intermodal connectors
This section establishes a new formula program for freight intermodal connectors. The Secretary shall apportion funds to States based upon the number of freight intermodal connectors; a State's annual contribution to the Highway Trust Fund; total lane miles of principle arterial routes; total vehicle miles traveled on lanes on principle arterial routes; total diesel fuel used on highways; total lane miles on principle arterial highways divided by population.
The purpose of the program is to improve the movement of freight and mitigate the impact of congestion. Eligible projects include construction of and improvements to publicly owned freight intermodal connectors and operational improvements. States shall give priority to connectors to the National Highway System.
States that do not have any freight intermodal connectors or whose connectors are in good condition may use the apportioned funds for projects eligible under the National Highway System (Section 103(b)(6) of title 23).
Sec. 1304. Projects of national and regional significance
This section establishes a program to finance critical, high-cost transportation infrastructure that address critical national economic and transportation needs. These projects of national and regional significance will improve the safe, secure, and efficient movement of people and goods throughout the United States and improve the health and welfare of the national economy by increasing economic productivity, facilitating international trade, relieving transportation congestion, and enhancing transportation safety.
The program will fund the construction of high-cost surface transportation projects, including freight railroad projects eligible under Title 23. To be eligible for assistance under this program, eligible project costs must equal or exceed the lesser of
$500 million or 75 percent of the State's highway apportionment for the prior fiscal year. The Secretary of Transportation will conduct a national solicitation for applications for projects of national and regional significance and award grants on a competitive basis. The program creates a rigorous review process for project applicants similar to the Federal Transit Administration's review process for transit new start projects.
Sec. 1305. Dedicated truck lanes
This section directs the Secretary to establish a pilot program to allocate funds to States for the construction of projects that separate commercial truck traffic from other motor vehicle traffic. Priority will be given to projects that provide additional capacity. The Secretary will also consider the following factors: improvement to the safe and efficient movement of freight; the extent to which trucks are separated from other traffic; the connectivity of the project to the NHS or the Interstate; if the project removes trucks from surface streets; reductions in travel time; and the extent to which federal funds are leveraged.
Sec. 1306. Truck parking facilities
This section establishes a pilot program in cooperation with appropriate State, regional, and local governments to address the shortage of long-term parking for commercial motor vehicles on the National Highway System.
This section allows State, regional, and local governments to address the safety problem of fatigued drivers through a pilot program designed to allow for the creation of new rest stops, as stated in section 120(c) of title 23, addition of new commercial motor vehicle parking facilities adjacent to commercial truck stops or travel plazas, or opening existing weigh stations or park-and-ride facilities to commercial motor vehicle parking. Pilot programs may also include using intelligent transportation systems, or other means, to promote the availability of public or privately available parking facilities.
The Committee developed this pilot project after working closely with the Administration, industry, State safety and construction agencies, and truck plaza and rest stop operators. It is the Committee's intent that the projects funded from this pilot program only address adding parking facilities in corridors with an identified truck parking shortage. This pilot program is not intended to compete with local businesses or commercial enterprises.
Not later than five years after the enactment of this bill, the Secretary shall transmit a report on the results of the pilot programs developed under this section.
Sec. 1401. Highway safety improvement program
This section amends title 23 by eliminating the requirement that States set aside 10 percent of their section 133, Surface Transportation Program, funds to carry out section 130 of Title 23, the Railway-Highway Crossing program and section 152, the Hazard Elimination program. This section also establishes a separate funding authorization for a combined section 130 and 152 called Highway Safety Improvement Program. However, the authorizing language for the two programs still resides in Section 130 and Section 152.
In subsection (a) the definition of Safety Improvement Project as used in Section 101(a)(30) of title 23 is expanded to include the installation of fluorescent, yellow-green signs at pedestrian or bicycle crossings or school zones.
Subsection (b) amends title 23 to move the set-aside for Operation Lifesaver from the apportionment under the Surface Transportation Program to the apportionment for Section 130. It also increases the amount for this program from $500,000 to $600,000.
Subsection (c) increases the amount of the set-aside for hazard elimination in high-speed rail corridors designated under 104(d)(2) of title 23 and for the Minneapolis/St. Paul--Chicago segment of the Midwest High-Speed Rail Corridor. The subsection also adds the Northern New England High Speed Rail Corridor and expands the South Central Corridor to section 104(d)(2) of title 23.
Subsection (d) adds a special rule to allow States to use funds for protective devices on other section 130 activities if the State demonstrates to the Secretary that it has met the needs in such State for protective devices. The apportionment formula for rail highway crossings is amended to distribute funds 50 percent based on the STP formula and 50 percent based on the number of rail highway crossings. Each state shall receive at least a minimum of one half of one percent. The federal share will be 90 percent. States will be required to report to Congress every two years and can use up to two percent of their funds for analysis and data collection.
Subsection (e) makes technical changes.
Subsection (f) amends section 152 (a)(1) of title 23 to include in the state survey dangers to the disabled from hazardous road conditions. It also includes a requirement that States identify the roadway safety improvements for hazardous locations. It also adds four new activities for which the funds can be used. The Secretary will use the STP apportionment formula to apportion funds to the States for the Hazard Elimination program. Each State shall receive at least one half of one percent from funds apportioned to the States. The federal share will be 90 percent. The Secretary is required to report to Congress every two years the results of this program, including projects completed, the effectiveness of the projects, adequacy of funding and recommendation of improvements to the program.
Subsection (g) makes the amendments in subsection (d), (e) and (f) effective September 30, 2005 since there is no funding for the new Highway Safety Improvement Program in fiscal year 2005.
Sec. 1402. Worker injury prevention and free flow of vehicular traffic
The Secretary shall, within one year, issue regulations requiring workers whose duties place them in close proximity to a Federal-aid highway to wear high visibility garments.
Sec. 1403. High risk rural road safety improvement program
The Secretary shall establish and implement a program to improve safety on rural major or minor collector or rural local roads. Funds will be apportioned to States based on public road lane mileage, population in other than urbanized areas, and vehicle miles traveled on public roads. States will allocate apportioned funds to projects that have the highest benefits to highway safety. Funds can only be used for construction and operational improvements on high-risk rural roads.
Sec. 1404. Transfers of apportionments to safety programs
Subsection (a) caps the amount of apportioned funds that are required to be transferred from sections 104(b)(1), (2), and (3) of title 23 to section 402 of title 23 in an amount equivalent to three percent of what was apportioned to states in fiscal year 2003. This transfer is required when States fail to comply with section 153(a)(2) of title 23 (seatbelt use in the front seat). It also caps the amount of obligation authority the Secretary is required to transfer with the apportionment in the preceding sentence.
Subsection (b) caps the amount of apportioned funds that are required to be transferred from sections 104(b)(1), (3), and (4) of title 23 to section 402 of title 23 in an amount equivalent to three percent of what was apportioned to states in fiscal year 2003. This transfer is required when States fail to comply with section 154(b) of title 23 (open container laws). It also caps the amount of obligation authority the secretary is required to transfer with the apportionment in the preceding sentence.
Subsection (c) caps the amount of apportioned funds that are required to be transferred from sections 104(b)(1), (3), and (4) of title 23 to section 402 of title 23 in an amount equivalent to 3 percent of what was apportioned to states in fiscal year 2003. The funds are to be used to carry out section 164(b)(1)(A) or (B). This transfer is required when States fail to enact or enforce a repeat intoxicated driver law. It also caps the amount of obligation authority the secretary is required to transfer with the apportionment in the preceding sentence.
Sec. 1405. Safety incentive grants for use of seat belts
This section authorizes $112,000,000 for each of fiscal years 2004 and 2005 for grants to states that have met certain requirements with regards to seatbelts.
Sec. 1406. Safety incentives to prevent operation of motor vehicles by intoxicated persons
Subsection (a) codifies the penalty against states for not enacting and enforcing a 0.08 drunk driving law. This penalty was originally enacted in the 2001 DOT appropriations bill.
Subsection (b) authorizes $110,000,000 for each of fiscal years 2004 and 2005 for grants to states that have enacted 0.08 laws.
Subsection (c) repeals the appropriations language that enacted the penalty in 2001.
Sec. 1407. Repeat offenders for driving while intoxicated
This section amends Section 164(a)(5)(A) of title 23 by adding an alternative penalty that a person who is a repeat offender can receive for a violation: a 45 day suspension of driving privileges followed by a reinstatement of limited driving privileges to get to work, school or alcohol treatment programs if an ignition interlock device is installed on each motor vehicle owned or operated, or both, by the individual.
Sec. 1408. Repair and replacement of highway features on national highway system
This section instructs the Secretary to conduct a rulemaking to determine the standards to which a State should replace or repair damaged highway features after they have been damaged.
Sec. 1501. Design-build
Subsection (a) amends section 112 of title 23 with the intent of clarifying and improving the design-build authority provided. During the rulemaking process for the design-build regulation required by section 1307 of TEA 21, which also amended 23 U.S.C. 112, FHWA received several comments regarding the restrictive nature of the `qualified project' definition with respect to the project cost threshold. Approximately 85 percent of the design-build projects that have been evaluated under the FHWA experimental contracting program (Special Experimental Project No. 14 (SEP-14)--Innovative Contracting) are too small to meet the definition of `qualified project.' Based on the Haw's experience with design-build projects under SEP-14, there is no need to limit design-build projects to those costing more than $5 million in the case of a project that involves installation of an intelligent transportation system and to those costing more than $50 million in the case of any other project.
Subsection (b) similarly amends section 112 of title 23 making clear the parameters of the authority for the use of project evaluation criteria. The subsection also makes clear that this amendment does not disturb any other authority that the Secretary has under current law or that is being carried out by the Secretary as of the date of enactment.
Sec. 1502. Warranty highway construction project pilot program
The Committee is aware that highway projects constructed of advanced materials, and often utilizing innovative techniques that also contain warranties of the constructed project's expected performance can, over the life of the project mean less cost to the state for maintenance, reconstruction and rehabilitation, than a similar project not utilizing advanced techniques and materials and not containing a warranty.
This pilot program is meant to take the experience of states already utilizing warranty bid regimes and conduct a pilot within the federal-aid program. The Committee expects that the projects built under this authority will cost less over their life to the taxpayer than non-warranted projects.
Sec. 1503. Private investment study
This section authorizes the National Academy of Sciences to conduct a study to evaluate private investment in surface transportation infrastructure.
Sec. 1504. Highways for life pilot program
The Committee intends with this pilot program to incentivize the use of innovative technologies and practices in the construction of highways and bridges. The Committee expects that safe, efficient highways and bridges can be built faster, and with greater durability, if innovative practices and technologies are utilized. This pilot authorizes the Secretary to allocate funds for projects deemed to satisfy the requirements of the project. The selection criteria are designed to identify projects that employ material and technique innovations which will produce more quickly constructed, longer lasting, high-quality and cost-effective projects.
Sec. 1601. Transportation Infrastructure Finance and Innovation Act
This section makes programmatic changes to the TIFIA program.
Subsection (a) makes technical changes to the definitions in Section 181 of title 23.
Subsection (b) amends Section 182 of title 23 to clarify the requirements regarding statewide and metropolitan planning. This subsection also decreases the minimum eligible project costs to $50,000,000 and to $15,000,000 for ITS projects.
Subsection (c) makes technical changes to the project selection process in section 182 of title 23.
Subsection (d) makes technical changes to Section 183 of Title 23. The change to section 183(a)(4) codifies a DOT regulation that requires the project's senior obligations to receive an investment-grade rating in order to execute a secured loan agreement. The change to section 183(b)(2) ensures that the amount of the TIFIA credit instrument may not exceed that of the senior project obligations. The elimination of section 183(c)(3) deletes the description of sources of repayment funds because the subject is already covered in section 183(b)(3).
Subsection (e)(1) makes changes to section 184(b)(3) to ease the restrictions on funding draws on a line of credit in order to help a borrower avoid a payment default. The changes to section 184(b)(4) conform the interest rate setting mechanism for the line of credit with that for secured loans. The change to section 184(b)(5) has the same purpose as the changes to sections 183(b)(3) and 182(a)(4).
Subsection (e)(2) makes changes to Section 184(c) to clarify language regarding the scheduling of principal and interest repayments. The elimination of section 184(c)(3) deletes the description of sources of repayment funds because the subject is already covered in section 184(b)(5)(A)(i).
The changes to sections 185(a), 185(b), and 185(c) in subsection (f) clarify that the Secretary may establish fees to cover the cost of servicing TIFIA credit instruments. The change to section 185(d) clarifies that the program may retain outside counsel to assist in the underwriting and servicing of TIFIA credit instruments.
Subsection (g) sets the funding levels for the TIFIA program, including administrative expenses and limitations on credit amounts.
Sec. 1602. State Infrastructure Banks
Subsection (a) of this section codifies a state infrastructure bank (SIB) program in Section 189 of title 23.
Subsection (a) of Section 189 provides definitions for the SIB program. Subsection (b) permits the Secretary to enter into a cooperative agreement with a state for the establishment of a SIB. Subsection (c) allows two or more States to enter into a cooperative agreement with the Secretary to establish a multi-state SIB. Subsection (d)
establishes funding requirements for SIBs, restricting the amount of federal funding that a State can deposit in their highway, transit, and rail SIB accounts. Subsection (e) establishes the forms of assistance that a SIB can offer. Subsection (f) describes the eligible projects that are allowed to be funded by the SIB.
Subsection (g) establishes the requirements that a State must adhere to when establishing a SIB. Subsection (h) speaks to the applicability of Federal law in the SIBs program. Subsection (i) states that the United States is not obligated by any commitment made by a state SIB. Subsection (k) limits the amount of federal funds that can be used to administer the state SIB to 2 percent of the federal funds contributed to the SIB.
Subsection (b), (c), (d), and (e) of Section 1602 establishes a new chapter 6 in title 23 for infrastructure finance.
Sec. 1603. Interstate system reconstruction and rehabilitation toll pilot program
This section establishes an interstate system reconstruction and rehabilitation pilot program similar to the one authorized in TEA 21. The new program is limited to three facilities and requires states to show that tolling is the most efficient and economical way to finance the project. The previous program required that states prove that tolling was the only way to finance the interstate reconstruction or rehabilitation project. The new program also requires that the state agency collect tolls electronically and that the agency include a program to permit low-income drivers to pay a reduced toll amount.
Sec. 1604. Interstate system construction toll pilot program
This section establishes a new pilot program for projects involving the construction of new interstate facilities. The program is limited to three facilities (multi-state corridor projects may be considered as one facility) and states must show that tolling is the most efficient and economical way to finance the project. The new program also requires that the state agency collect tolls electronically and that the agency include a program to permit low-income drivers to pay a reduced toll amount.
It is the Committee's intent that this program be used only for the construction of new interstate facilities and that the pilot program authorized in Section 1603 be used only for rehabilitation and reconstruction of existing interstate facilities.
Sec. 1605. Special Rules relating to the State Infrastructure Bank program
This section refers to special rules governing interstate compacts for State Infrastructure Banks.
Sec. 1601. Transportation Infrastructure Finance and Innovation Act
This section makes programmatic changes to the TIFIA program.
Subsection (a) makes technical changes to the definitions in Section 181 of title 23.
Subsection (b) amends Section 182 of title 23 to clarify the requirements regarding statewide and metropolitan planning. This subsection also decreases the minimum eligible project costs to $50,000,000 and to $15,000,000 for ITS projects.
Subsection (c) makes technical changes to the project selection process in section 182 of title 23.
Subsection (d) makes technical changes to Section 183 of Title 23. The change to section 183(a)(4) codifies a DOT regulation that requires the project's senior obligations to receive an investment-grade rating in order to execute a secured loan agreement. The change to section 183(b)(2) ensures that the amount of the TIFIA credit instrument may not exceed that of the senior project obligations. The elimination of section 183(c)(3) deletes the description of sources of repayment funds because the subject is already covered in section 183(b)(3).
Subsection (e)(1) makes changes to section 184(b)(3) to ease the restrictions on funding draws on a line of credit in order to help a borrower avoid a payment default. The changes to section 184(b)(4) conform the interest rate setting mechanism for the line of credit with that for secured loans. The change to section 184(b)(5) has the same purpose as the changes to sections 183(b)(3) and 182(a)(4).
Subsection (e)(2) makes changes to Section 184(c) to clarify language regarding the scheduling of principal and interest repayments. The elimination of section 184(c)(3) deletes the description of sources of repayment funds because the subject is already covered in section 184(b)(5)(A)(i).
The changes to sections 185(a), 185(b), and 185(c) in subsection (f) clarify that the Secretary may establish fees to cover the cost of servicing TIFIA credit instruments. The change to section 185(d) clarifies that the program may retain outside counsel to assist in the underwriting and servicing of TIFIA credit instruments.
Subsection (g) sets the funding levels for the TIFIA program, including administrative expenses and limitations on credit amounts.
Sec. 1602. State Infrastructure Banks
Subsection (a) of this section codifies a state infrastructure bank (SIB) program in Section 189 of title 23.
Subsection (a) of Section 189 provides definitions for the SIB program. Subsection (b) permits the Secretary to enter into a cooperative agreement with a state for the establishment of a SIB. Subsection (c) allows two or more States to enter into a cooperative agreement with the Secretary to establish a multi-state SIB. Subsection (d)
establishes funding requirements for SIBs, restricting the amount of federal funding that a State can deposit in their highway, transit, and rail SIB accounts. Subsection (e) establishes the forms of assistance that a SIB can offer. Subsection (f) describes the eligible projects that are allowed to be funded by the SIB.
Subsection (g) establishes the requirements that a State must adhere to when establishing a SIB. Subsection (h) speaks to the applicability of Federal law in the SIBs program. Subsection (i) states that the United States is not obligated by any commitment made by a state SIB. Subsection (k) limits the amount of federal funds that can be used to administer the state SIB to 2 percent of the federal funds contributed to the SIB.
Subsection (b), (c), (d), and (e) of Section 1602 establishes a new chapter 6 in title 23 for infrastructure finance.
Sec. 1603. Interstate system reconstruction and rehabilitation toll pilot program
This section establishes an interstate system reconstruction and rehabilitation pilot program similar to the one authorized in TEA 21. The new program is limited to three facilities and requires states to show that tolling is the most efficient and economical way to finance the project. The previous program required that states prove that tolling was the only way to finance the interstate reconstruction or rehabilitation project. The new program also requires that the state agency collect tolls electronically and that the agency include a program to permit low-income drivers to pay a reduced toll amount.
Sec. 1604. Interstate system construction toll pilot program
This section establishes a new pilot program for projects involving the construction of new interstate facilities. The program is limited to three facilities (multi-state corridor projects may be considered as one facility) and states must show that tolling is the most efficient and economical way to finance the project. The new program also requires that the state agency collect tolls electronically and that the agency include a program to permit low-income drivers to pay a reduced toll amount.
It is the Committee's intent that this program be used only for the construction of new interstate facilities and that the pilot program authorized in Section 1603 be used only for rehabilitation and reconstruction of existing interstate facilities.
Sec. 1605. Special Rules relating to the State Infrastructure Bank program
This section refers to special rules governing interstate compacts for State Infrastructure Banks.
Sec. 1701. High priority projects program
This section updates the current high priority projects program to reflect the funding and year-by-year allocations provided in TEA LU.
Sec. 1702. Project authorizations
This section lists the state, project description, and dollar amount for each high priority project.
Sec. 1801. Budget justification
This section requires the Department of Transportation and each agency therein to submit to the Committee on Transportation and Infrastructure a budget justification concurrently with the President's Annual Budget submission.
Sec. 1802. Motorist information
This section repeals section 124 of title I of division F of the FY 2004 appropriations bill.
Sec. 1803. Motorist information concerning full service restaurants
This section requires the Secretary to do a rulemaking to determine whether to give priority to full service restaurants on at least two of the panels for highway food service signs.
Sec. 1804. High priority corridors on the national highway system
This section adds new corridor designations to the high priority corridor list in ISTEA.
Sec. 1805. Additions to Appalachian region
This section adds 12 counties to the jurisdiction of the Appalachian Regional Commission.
Sec. 1806. Transportation assets and needs of Delta region
This section authorizes the Secretary to contract with the Delta Regional Authority (DRA) to conduct a study on the Delta region's transportation assets and needs for all modes of transportation, including passenger and freight transportation. This section also directs the DRA to report to Congress the results of the study and establish a regional strategic plan to implement the report's recommendations.
Sec. 1807. Toll facilities workplace safety study
This section directs the Secretary to conduct a study to determine the safety of highway toll collection facilities for toll collectors who work in and around such facilities. It requires the Secretary to submit within 1 year a report on the results of the study and recommendations for improving workplace safety at toll facilities to the congressional committees of jurisdiction.
Sec. 1808. Pavement marking systems demonstration projects
This section directs the Secretary to conduct demonstration projects in Alaska and Tennessee to study the impacts of increasing the minimum width for pavement markings from four inches to six inches and report the results to Congress by June 30, 2009.
Sec. 1809. Workzone safety grants
This section directs the Secretary to establish a work zone safety grant program to provide training to prevent or reduce highway work zone injuries and fatalities.
Sec. 1810. Grant program to prohibit racial profiling
On February 27, 2001, in the Address to a Joint Session of Congress, President George W. Bush declared that racial profiling is `wrong and we will end it in America'. The President issued a Memorandum for the Attorney General that directed the Attorney General to review the use of Federal law enforcement authorities use of race in conducting stops, searches, and other investigative procedures. In particular, the President asked the Attorney General to work with Congress to develop methods or mechanisms to collect any relevant data from Federal law enforcement agencies and to work in cooperation with state and local law enforcement agencies in order to assess the extent and nature of any such policies.
In response to the efforts of the President to end the use of racial profiling, this section establishes a new incentive grant program to encourage states to enact and to enforce laws that prohibit the use of racial profiling in the enforcement of traffic laws on Federal-aid highways. The incentive grant program will assist the states with the compilation of data to support efforts to eliminate the use of race or ethnicity as a key factor in whether to make a traffic stop.
Subsection (a) authorizes the Secretary to make a grant to a state that has enacted and is enforcing a law that prohibits the use of racial profiling in the enforcement of traffic laws on Federal-aid highways. To be eligible for a grant, a state must maintain and allow public inspection of statistical information for each motor vehicle stop in the state showing the race and ethnicity of the driver and any passengers. Also, a state may receive a grant if the state provides assurances satisfactory to the Secretary that the state is undertaking activities that will lead to compliance with the requirements to this section.
Subsection (b) authorizes the eligible activities for which a grant may be used by the state. In the case of a state eligible for a grant under subsection (a)(1), the grant may be used for: collecting and maintaining of data on traffic stops; evaluating the results of the data; and developing and implementing programs to reduce the occurrence of racial profiling. An eligible state receiving a grant by providing assurances to the Secretary that the state is undertaking activities that will lead to compliance with this section may use the grant for any eligible activity under this section. The collection, maintenance, and evaluation of data relating to traffic stops could be used to determine whether race has been a key factor in motor vehicle stops. According to the report published by the Comptroller General entitled Racial Profiling, more information is needed to determine the extent to which race, as opposed to other factors, is a key factor for traffic stops.
Subsection (c) clarifies the meaning of racial profiling as it pertains to making routine or spontaneous law enforcement decisions, such as ordinary traffic stops. The racial profiling provisions under this section is not intended to affect the ability of law enforcement officers from considering race or ethnicity whenever there is trustworthy information available that links persons of a particular race or ethnicity to an identified criminal incident, scheme, or organization.
Subsection (d) limits the maximum amount for which a state may receive a grant to not more than 5 percent of the amount authorized in a fiscal year to carry out this section. A state that provides assurances to the Secretary that the state is undertaking activities that will lead to compliance with the requirements of this section may not receive a grant in more than two fiscal years.
Sec. 1811. America's Byways Resource Center
This section reauthorizes the America's Byways Resource Center. The Byways Resource Center provides technical support and conducts educational activities for the National Scenic Byways program. Technical support and educational activities will provide local officials and organizations with proactive, technical, and on-site customized assistance, including training, communications (including a public awareness series), publications, conferences, on-site meetings, and other assistance considered appropriate to develop and sustain Scenic Byways and All-American Roads.
Sec 1812. Technical adjustment
Sec. 1813. Road user charge evaluation pilot project
The issue of future financing of the Highway Trust Fund is a critical one that Congress must begin to address. The Trust Fund is currently financed primarily through fuel excise taxes and certain truck taxes. When the Trust Fund was established in the 1950s, it was legitimate to have the gas tax serve as a surrogate for road usage and be the basis for the user-pays system of the federal highway program. But with the advent of hybrid cars, alternative fuels, the potential for fuel cell technology, increased fuel efficiency and other technological developments, the relationship between the gas tax and road usage is diminishing.
On July 16, 2002, the Subcommittee on Highways, Transit, and Pipelines held a hearing on this and related topics. Testimony was received from representatives of the Public Policy Center of the University of Iowa regarding research that was then in progress, though now completed, to develop a new approach for charging vehicles that travel on the public roads. A consortium of the Federal Highway Administration and 15 state departments of transportation funded the study. The purpose of the study was to evaluate how intelligent transportation system technology (GPS and on-board computers, smart cards and collection centers) can be used to assess mileage-based road user charges.
This section provides funding and authorization for the Secretary to conduct a pilot project to test the technology and feasibility of the system. It is contemplated that various cars will be equipped with the technology in different regions of the country with a diverse set of drivers. An important element of the study is measuring the public acceptance of such a system and to ensure that privacy concerns of drivers are met.
The finding of this study will provide useful information as the Congress strives to identify a funding source to finance the federal-aid highway programs that is stable, accurate, fairer and more flexible than the current gas tax.
Sec. 1814. Thomas P. `Tip' O'Neill, Jr. Tunnel
This section designates that, in honor of his service to the Commonwealth of Massachusetts and to the United States, and in recognition of his contributions toward the construction of the Central Artery project in Boston, Massachusetts, the Central Artery Tunnel should be named as the `Thomas P. `Tip' O'Neill, Jr. Tunnel'.
Sec. 1815. Conforming amendment for transportation planning sections
Section 1814 amends sections 134 and 135 of title 23, United States Code to indicate that metropolitan and statewide transportation planning programs funded under those sections shall be carried out according to the provisions of the unified highway and transit planning chapter in chapter 52, title 49, United States Code. (See Title VI of TEA LU.)
Sec. 1816. Distribution of metropolitan planning funds within states
This section requires the states to distribute planning funds to the metropolitan planning organizations within 30 days of receipt of such funds from the Secretary.
Sec. 1817. Treatment of off ramp
This section specifies that an off-ramp in California meets the requirements of Title 23 that govern the approval of the placement of ramps off a Federal-aid Highway.
Sec. 1818. Loan forgiveness
This section specifies that a loan has satisfied its repayment obligations.
Sec. 1819. Lead agency designation
This section specifies that a specific agency in California be the lead agency for a highway project authorized in 1991.
Sec. 1820. Use of debris from demolished bridges and overpasses
This section specifies that any debris from a demolished Federal-aid bridge or overpass can be used for beneficial public use by Federal, State, and local governments.
Sec. 1821. Hubzone program
Sec. 1822. Technical changes to TEA 21 projects
This section makes changes to projects authorized in TEA 21.
Sec. 1823. National Work Zone Safety Information Clearinghouse
This section provides grants to establish and operate a National Work Zone Safety Information Clearinghouse.
Sec. 1824. Transportation conformity
This section makes transportation-related changes to the Clean Air Act.
Sec. 1825. Eligibility to participate in Western Alaska Community Development Quota Program
Sec. 1826. Metropolitan regional freight and passenger transportation study
This section authorizes the Secretary to enter into an agreement with two universities to study metropolitan regional freight and passenger transportation.
Sec. 1827. Intermodal transportation facility expansion
Sec. 1828. Advanced truck stop electrification system
This section includes a definition for Advanced Truck Stop Electrification Systems in title 23 and clarifies that such systems are eligible under STP.
Sec. 1829. Technology
This section encourages states to consider using a new technology to detect cracks in bridges.
Sec. 1830. Extension of public transit vehicle exemption from axle weight restrictions
This section extends the exemption that public transit vehicles and over-the-road buses have from axle weight restrictions.
Sec. 1831. Motorcyclist advisory council
This section establishes an advisory council to address relevant highway infrastructure issues as they relate to motorcyclists.
Sec. 1832. Sharing of monetary recoveries
This section addresses the sharing of monetary judgments from Federal proceedings pertaining to fraud in Federally funded highway and public transportation programs.
Sec. 1833. Eligibility under CMAQ
This section specifies that advanced truck stop electrification system is an eligible activity under CMAQ.
Sec. 1834. Sense of Congress Regarding Buy America
The Committee is concerned that the intent of Congress in the original Buy America (P.L. 97-424 Sec. 165) is being misinterpreted on federally funded bridge projects. The Buy America provision provides that domestic iron and steel be used in federal transportation projects unless its use would increase the `overall project contract' by more than 25 percent. The problem that is emerging in the highway bridge industry is that project managers are attempting to circumvent the Buy America requirement by breaking bridge projects into component parts and applying the 25% test separately to each of the component parts, rather than to the entire bridge project as required by law. The intent of the Buy America/domestic content law was to ensure that when taxpayer money is invested on direct federal government procurement and infrastructure projects, these expenditures stimulate U.S. production and employment. This provision is intended to end any confusion or misinterpretation of the law by making clear that it is the Sense of Congress that the Buy America test applies to the overall bridge project.
Sec. 1835. Community enhancement study
This section directs the Secretary to make a grant to, or enter into a cooperative agreement or contract with, a national organization representing architects who have expertise in the design of a wide range or transportation and infrastructure projects to conduct a study on the role of well-designed transportation projects in promoting community enhancement.
Sec. 1836. Transportation and local workforce investment
This section expresses the sense of the Congress that Federal transportation projects should facilitate and encourage the collaboration between interested persons to help leverage scarce training and community resources and to help encourage local participation in the building of transportation projects.
Sec. 1837. Special rule for fiscal year 2004
This section states that where fiscal year 2004 authorized amounts in this title differ from fiscal year 2004 authorized amounts in the Surface Transportation Extension Act of 2004, Part V (STEA Part V), then STEA Part V governs.
Presently the federal government is investing more than $30 billion annually on roadway construction projects. This significant investment is creating increased motorist exposures to roadway work zones. Since 1997 the number of fatalities in roadway work zones for both motorists and construction workers has grown by over 70 percent. With nearly 1,200 fatalities and 40,000 injuries occurring annually in roadway construction zones, work zone safety is a serious public health concern.
Since most road work today involves reconstruction, rehabilitation and maintenance of existing roadways, it is conducted adjacent to traffic. As a result, more and more jurisdictions across the country are looking to night-time construction as a way to reduce motorist delay and inconvenience by scheduling work when traffic is lighter.
The Committee is concerned about the impact of night-time construction on motorists, workers and communities. Current information is not comprehensive or well communicated to public and private entities and individuals that need it most.
The Committee directs the Federal Highway Administration to conduct and compile research on many aspects of night-time road construction, including:
Comparisons between work zone-related crash rates daytime and night-time construction operations;
Rates and frequencies of incidents caused by drivers under the influence of alcohol, drugs and/or other substances causing driver impairment;
Rates and frequencies of incidents caused by drivers and workers who are tired or sleep deprived;
Impacts on worker health and welfare;
Impacts on adjacent communities;
Impacts on construction quality and work schedules; and
General impact on roadway construction worker safety.
The Committee directs the Federal Highway Administration to report to the Committee two years after passage of this legislation on the results of its research.
The issue of the increased cost to repair/replace concrete bridges due to the corrosion of steel rebar in bridges caused by exposure to a chlorine environment is a critical one that Congress must begin to address. The Committee directs the Secretary to study the application of cathodic protection technology to concrete bridges in order to extend the life of the bridge and reduce future repair costs.
The Committee also directs the Secretary to report to Congress on the results of any study.
With respect to increasing safety at grade crossings, the Committee notes that 1,431 people have been killed in 11,860 accidents at public crossings with crossbuck devices during the past ten years. The size, weight, and design of trains prevent them from being able to stop and start as quickly as an automobile or truck. Given the importance of safety at highway-rail crossings, the Committee urges the Secretary of Transportation to revise the Manual of Uniform Traffic Control Devices and such other regulations and agreements of the Federal Highway Administration as may be necessary to require `yield' signs be installed at all public highway-rail crossings without automatic traffic control, save for those crossings which, in the judgment of the roadway authority, require `stop' signs, together with appropriate advance warning signs at all crossings.
In October of 2004, Federal Highway Administration (FHWA) was requested to issue an interim order amending the Manual on Uniform Traffic Control Devices to include a standard that `yield' signs be installed at all public crossings with passive devices, except at those which the roadway authority deemed to require a `stop' sign based on an exhaustive study contained in National Cooperative Highway Research Program (NCHRP) Report 470. Considering that the NCHRP Report 470 was completed in at the end of 2001, the Committee urges the Secretary to act immediately to consider appropriate changes to the Manual of Uniform Traffic Control Devices.
HIGHWAY SAFETY
Motor vehicle crashes are the leading cause of death between the ages of 3 through 33. In 2003, a total of 42,643 people were killed in traffic crashes, and an additional 2.89 million were injured. Alcohol-related deaths account for 40 percent of all traffic fatalities. Fifty-six percent of those killed in passenger vehicles in 2003 were not wearing seat belts. It is estimated that highway crashes cost society $230.6 billion each year, about $820 per person.
Sec. 2001. Authorizations of appropriations
This section authorizes funds for the section 402 highway safety grant program; occupant protection incentive grants under section 405; alcohol-impaired driving countermeasures incentive grants under section 410; state traffic safety information improvements under section 412; the national driver registry; and the high visibility enforcement program.
The Secretary is provided the flexibility to transfer any amounts remaining available under the occupant protection incentive grant program, the alcohol-impaired driving countermeasures program, and the state traffic safety information system improvements program to ensure, to the maximum extent possible, that each state receives the maximum amount of incentive grants under these programs for which the state is eligible.
Sec. 2002. Occupant protection incentive grants
This section extends the occupant protection incentive grant program through the term of the legislation. A state may become eligible for these grants by either having a seatbelt usage rate of at least 85 percent or by implementing at least four of the six safety incentives under the program.
Sec. 2003. Alcohol-impaired driving countermeasures
This section extends the alcohol-impaired driving countermeasures program over the term of the legislation. The criteria for eligibility under the Basic Grant A program is expanded to include states that have an alcohol-related fatality rate of 0.5 or less per 100 million vehicle miles traveled. The eligibility criteria for Basic Grant A is amended, under the administrative license revocation requirement, to permit a state to allow a first time offender who has had his or her license suspended to operate a motor vehicle, after a 15-day suspension period, to and from employment, school, or an alcohol treatment program if an ignition interlock device is installed on the vehicle. Similarly, a state may allow a repeat offender who has had his or her license suspended or revoked to operate a motor vehicle, after a 45-day suspension or revocation period, to and from employment, school, or an alcohol treatment program if an ignition interlock device is installed on the vehicle.
Under the Basic Grant A criteria, four new eligibility requirements are added in lieu of eliminating the young adult drinking awareness program. The new requirements are a judicial and prosecutorial outreach program, a self-sustaining drunk driving prevention program, programs for effective alcohol rehabilitation, and a program for impounding vehicles of drunk drivers. States may become eligible for Basic Grant A by implementing at least six eligibility criteria for fiscal years 2005 and 2006 and at least seven criteria for the following fiscal years.
The criteria for the eligibility for a Basic Grant B is amended to permit a state to receive a grant if its alcohol-related fatality rate is 0.8 or more per 100 million vehicle miles traveled and the state establishes a task force to evaluate and recommend changes to the state's drunk driving programs. The supplemental grant program is repealed.
Sec. 2004. State traffic safety information system improvements
This section authorizes a new section 412 program for state traffic safety information system incentive grants to encourage states to adopt and implement effective safety data systems. The Secretary is required to determine the model data elements necessary to analyze trends in crash occurrences, rates, outcomes, and circumstances. To receive a grant, a state must comply with safety data system requirements under this section and use the grant only to implement such requirements.
Sec. 2005. High visibility enforcement program
The Secretary is required to establish a program to support national impaired driving mobilization and enforcement efforts and national safety belt mobilization and enforcement efforts, including the purchase of national paid advertisements to support such efforts.
Sec. 2006. Motorcycle crash causation study
The Secretary is required to conduct a study of the causes of motorcycle crashes and to submit a report to Congress on the results of the study not later than 3 years after the date of enactment of this legislation.
Sec. 2007. Child safety and booster seats
This section authorizes a child safety and child booster seat incentive grant program for the benefit of states that enact or enforce a law requiring children riding in passenger vehicles to be secured in child safety seats or child booster seats. States may use grants under this section only to carry out child safety seat and child booster seat programs, including education, training, enforcement, and the purchase and distribution of child restraints to families that cannot otherwise afford them. Each state to which a grant is made under this section must transmit a report to the Secretary indicating how the grant funds were expended and identifying the specific programs supported by the grant.
Sec. 2008. Motorcyclist safety
This section establishes a new motorcyclist advisory council to advise the Federal Highway Administrator on infrastructure issues that concern motorcyclists. This section
also establishes a motorcycle safety incentive grant program for states that adopt and implement effective programs to reduce the number of single- and multi-vehicle crashes involving motorcycles.
Sec. 2009. Driver fatigue
This section adds driver fatigue to the list of safety factors that must be included in state highway safety programs in accordance with uniform guidelines promulgated by the Secretary under section 402. The Committee wishes to acknowledge the contribution of `Maggie's Law' to its deliberations on this issue.
Sec. 2010. Authorizations of appropriations for highway safety research and development
This section authorizes funds out of the Highway Trust Fund for carrying out section 403 safety research and development.
Sec. 2011. Safety data
This section requires the Secretary to collect data and compile statistics on accidents involving motor vehicles being backed up that result in fatalities and injuries. The Secretary is required to transmit a report to Congress not later than January 1, 2009, on these accidents and any recommendations regarding measures to be taken.
Sec. 2012. Driver performance study
This section directs the Secretary to conduct a study on the risks associated with glare to oncoming drivers and to submit a report of findings and recommendations to Congress not later than 18 months after enactment.
Young drivers have the highest traffic crash risk of any age group, and are more likely to be involved in crashes involving driver error and speed than older drivers. The Committee directs the Secretary to conduct a study on the major causes of traffic crashes involving teen drivers and evaluate existing teen driver programs. Not later than one year after the date of enactment of this Act, the Secretary shall transmit a report to the Committee on the results of the study and recommendations to reduce the number of traffic crashes involving teenagers, including recommendations for model driving school curriculum and graduated licensing requirements.
Sec. 3001. Short title; amendments to Title 49, United States Code
Title III of the bill is cited as the `Federal Public Transportation Act of 2005.' All amendments in this title, unless otherwise specified, are made to title 49 of the United States Code.
Sec. 3002. Policies, findings, and purposes
This section and subsequent sections of the bill change the terminology used to describe the federal transit programs, which have grown far beyond the original mission and orientation of `urban renewal' in the Federal Transit Administration's organic statute, the Urban Mass Transportation Act of 1964. Today, the federal transit programs also provide vital transportation services to rural and other non-urban constituencies. The title change and subsequent legislative changes to chapter 53, title 49 United States Code in which the terms `mass transit' or `mass transportation' are replaced by `public transportation' reflect this evolution.
Sec. 3003. Definitions
This section includes amendments to section 5302 of title 49, United States Code that change definitions that apply generally to all of chapter 53, except as otherwise specifically provided. These changes include adding new eligibilities for Federal capital transit funding. Newly eligible uses for these capital funds include: (1) acquiring, constructing, relocating, and renovating intercity bus stations and terminals; (2) crime prevention and security projects (including security training for personnel and conducting emergency response drills); (3) establishing a debt service reserve fund for bond payments when such bonds are used for the purpose of financing an eligible transit project; and (4) mobility management activities and projects. Mobility management activities and projects improve the coordination among public transportation and other transportation service providers through short-range planning and management activities, such as buying computer software that matches public transportation riders and non-emergency medical and other human services clients to transportation services. Directly providing public transportation services is not an eligible capital expense under this definition.
Under current law, the terms `mass transportation,' `public transportation,' and `transit' are interchangeable. Under the changes made in this section, these three terms are still synonymous. However, `public transportation' becomes the principal defined term.
Sec. 3004. Metropolitan planning
This section amends sections 5303 and 5304 of title 49, United States Code, which contain the metropolitan planning process for federal transit funded programs under current law. The Transportation Equity Act: A Legacy for Users consolidates the current law metropolitan planning provisions under sections 5303 and 5304 of title 49 and under sections 134 of title 23 into a unified planning title for both transit and highways under chapter 52 of title 49. For ease of reference, section 5303 of title 49 is amended to reflect that grants made under sections 5307-5311, 5316 and 5317 are to be carried out in accordance with chapter 52. (See Title VI of the bill, which contains the planning provisions.)
Subsection 5303(b) as amended in this section requires the Secretary to certify that metropolitan planning organizations in transportation management areas (urbanized areas of more than 200,000 in population) comply with all planning and other applicable requirements in law in their transportation planning activities. In section 5306(a) (which is not amended), transit grant recipients are directed to encourage, to the maximum extent feasible, private enterprise participation in transit plans and programs. However, the Secretary may not withhold certification of a transit grantee's plans based on private enterprise participation. This is a standing limitation in existing law under section 5305(e)(3).
Sec. 3005. Statewide planning
The Transportation Equity Act: a Legacy for Users consolidates the metropolitan and statewide planning provisions currently under title 23 and chapter 53, title 49 into a unified planning title for both transit and highways under chapter 52 of title 49. For ease of reference, section 5304 of title 49 is amended to reflect that grants made under sections 5307-5311, 5316 and 5317 are to be carried out in accordance with chapter 52. Under current law (section 5323(l)), statewide transit planning was subject to statewide highway planning processes outlined in section 135 of title 23. (See Title VI of the bill, which contains the planning provisions.)
Sec. 3006. Planning programs
Metropolitan planning and statewide planning funding provisions contained in current law sections 5303(g) and 5313(b) are moved into a unified section on planning programs as the amended section 5305 of title 49. The current law section 5305 pertains to metropolitan planning requirements for transportation management areas, which is included in the unified metropolitan planning sections of chapter 52.
Subsections 5305(a), (b) and (c) establish the general planning grant authority and purposes. Subsection (d) describes the metropolitan planning grant apportionment process. Subsection (e) describes the state planning and research grant apportionment process. Subsection (f) sets the Government's share of planning grant activity costs at 80 percent. Subsection (g) describes the allocation of planning funds made available under funding authorization section 5338(c) between metropolitan planning and statewide planning, using the same percentages set in current law section 5338(c)(2)(C) (82.72 percent for metropolitan planning and 17.28 percent for state planning and research). In subsection (h), funds remain available for three years after the fiscal year in which the funds are authorized, the same period of availability as under current law.
Sec. 3007. Private enterprise participation
This section title has been shortened to more clearly reflect the provisions within. The text of section 5306 of title 49, United States Code is not amended.
Sec. 3008. Urbanized area formula grants
This section amends section 5307 of title 49, United States Code, which contains provisions governing the eligibility and procedures for urbanized area formula grants to transit providers in areas of 50,000 and more in population. Two existing law subsections are deleted. Subsection 5307(h) is deleted as a technical cleanup, because streamlined administrative procedures for track and signal equipment certification have already been promulgated as directed in the subsection. Subsection 5307(k) regarding transit enhancement activities is also deleted, but the requirement that one percent of urbanized area formula grant funds for recipients in areas of over 200,000 be invested on enhancement activities is retained, and added to the list of grant recipient requirements in subsection 5307(d)(1). Treating the one percent enhancement requirement as a grant recipient requirement rather than a set-aside relieves the Federal Transit Administration (FTA) from making separate one percent apportionments for transit enhancements activities.
Subsection 5307(b) is amended in paragraph (1) by restating the general authority for urbanized area formula grants in a list format. There is no change to the existing law authority to make grants for: capital projects and associated capital maintenance items; planning; transit enhancements; and, in areas with a population of less than 200,000, operating expenses. In paragraph (2), the existing extension of operating flexibility in urbanized areas that were less than 200,000 under the 1990 Census, but increased to more than 200,000 in the 2000 Census, is further extended through the end of fiscal year 2005.
Currently under subsection 5307(d), recipients are required to certify that they have the legal, financial, and technical capacity to carry out the program of projects for which they are applying as an urbanized area formula grant. This is amended in subparagraph (d)(1)(A) to additionally require that recipients certify such legal, financial, and technical capacity for the safety and security aspects of their program of projects. Subsection 5307(d) is also amended, as discussed above, by adding the requirement that grantees in urbanized areas over 200,000 in population certify that one percent of each grant amount is spent on enhancement activities.
Subsection 5307(e) regarding the Government's share of costs is amended by deleting the 1985 baseline limitation on local match revenues resulting from the sale of advertising or concessions. Additionally, recipients are authorized to use amounts received under service agreements with a State, local social service agency, or private social service organizations as local match. This creates an incentive to transit agencies to better coordinate transportation services with human service agencies that provide transportation services.
Section 5307(i) is redesignated as section 5307(h) and amended to give the Secretary discretion to require annual audits rather than mandate them. There remains in place an audit requirement pursuant to the Single Audit Act, which requires an annual audit of all Federal grantees receiving grants exceeding $300,000, which constitutes about 83 percent of all section 5307 grants. Auditing smaller grants would be discretionary, based on the FTA's annual risk assessment process.
Subsection 5307(l) as redesignated, Relationship to Other Laws, strikes subparagraph (1) and moves the provision contained therein to the General Provisions on Assistance in section 5323, to make the prohibition on making false or fraudulent statements to the Government (18 U.S.C. section 1001) applicable to any Federal public transportation grant program. The existing law paragraph (2) regarding the other sections of title 49 that apply to the Urbanized Area Formula Grants program is retained and redesignated as paragraph (1). A new paragraph (2) is added that exempts non-supervisory transit employees from the Hatch Act limitations, if the Hatch Act applies only because the employees' salaries are funded through Federal grants under this section. This exemption will apply only to employees in urbanized areas under 200,000 in population, where up to 50 percent of the net project cost may be derived from Federal grant funds. This codifies existing Federal transit law, although the provision does not otherwise appear in title 49 because of a codification error in Public Law 103-272, which revised and codified without substantive change certain general and permanent laws related to transportation. The provision is identical to section 142(g) of title 23, regarding non-supervisory employees of urban mass transportation systems receiving funds under the Federal-aid highway program.
Subsection 3008(h) adds a new subsection 5307(m) regarding the treatment of the United States Virgin Islands, which shall be treated as an urbanized area for the purposes of apportionments under section 5307.
SEC. 3009. Clean fuels formula grant program
Section 3009 amends section 5308 of title 49, United States Code, regarding the clean fuels formula grant bus procurement program. Funds are apportioned to recipients in urbanized areas that are designated as nonattainment areas for ozone or carbon monoxide under section 107(d) of the Clean Air Act or are maintenance areas for ozone or carbon monoxide. These grant funds can be used to purchase or lease clean fuel buses, construct or lease vehicle-related equipment supporting such clean fuel buses, and construct new or improve existing facilities to accommodate clean fuel buses. Clean fuel buses include those powered by clean diesel, compressed natural gas, liquefied natural gas, biodiesel fuels, batteries, alcohol-based fuels, hybrid electric power systems, fuel cells, or other low or zero emission technologies. Not more than 35 percent of the funds made available under the clean fuels formula grant program may be used for clean diesel bus technology. The apportionment formula is weighted such that two-thirds of the funds go to recipients serving urbanized areas with a population of 1,000,000 or more and one-third of the funds go to recipients serving urbanized areas of less than 1,000,000. The formula is also weighted by the severity of nonattainment in the urbanized area being served.
The grant requirements of section 5307 apply to the clean fuels formula grant program. The Federal share for the clean fuels formula grant program may be increased in accordance with section 5323(i), which allows a 90 percent Federal share of the net incremental project cost of equipment that is attributable to compliance with the Clean Air Act.
Funds made available under the clean fuels formula grants program remain available for one year after the fiscal year in which the amounts are made available, a total of two years. Funds that remain available after this period are added to the amount to be made available for the program in the next fiscal year.
The Committee intends that the Secretary shall encourage recipients of clean fuels formula grants to adequately invest in infrastructure facilities to accommodate the needs of these alternatively fueled vehicles.
Sec. 3010. Capital investment grants
This section amends section 5309 of title 49, United States Code, which authorizes capital investment grants for new fixed guideway capital projects (`new starts'), fixed guideway modernization (`rail modernization'), and bus and bus-related facilities. All references in the current law section heading and text to `capital investment loans' are deleted from section 5309 since, historically, only capital investment grants have been awarded pursuant to this section. Two existing law subsections are deleted. Subsection 5309(b), which deals with loans for real property interests, is struck because the authority to use Federal transit grants under this section for real property loans has not been utilized and is being eliminated. Subsection 5309(c) is reserved under current law, and is deleted as a technical cleanup. The existing subsection 5309(d) is moved to subsection (b), and requires that projects funded under this section be part of an approved program of projects that has gone through the planning process outlined in section 5303-5306, have the legal, financial, and technical capacity to carry out the project, and have the capability to maintain satisfactory continuing control and maintenance of the equipment and facilities associated with the project. Subsection (b) (as redesignated) is further amended by striking the reference to capital loans.
The remaining subsections (e) through (p) of section 5309 are deleted and rewritten as the new subsections (c) through (n), with some organizational changes and the addition of one new program, capital investment grants of less than $75 million (`small starts').
Subsection 5309(c), concerning major capital investment grants of $75 million or more includes the new starts program requirements and FTA evaluation and rating criteria found in current law subsection 5309(e). The term describing all new starts and small starts projects is changed from the current law `capital project for a new fixed guideway system or extension of an existing fixed guideway system' to `new fixed guideway capital project' for the sake of brevity. The new term is defined in subsection (n) as a minimum operable segment of a capital project for a new fixed guideway system
or extension to an existing fixed guideway system, which is the same definition for new starts projects as under current law subsection 5309(p). Subsection 5309(c) pertains only to those new fixed guideway capital projects that will require $75 million or more of Federal assistance provided under the authority of Section 5309. Such projects are defined as `major' new starts as opposed to small starts, which involve less than $75 million in such funds and are authorized under subsection (d).
Major new starts projects must be carried out through a full funding grant agreement with the Secretary. Projects must be authorized for final design and construction to enter into a full funding grant agreement. (New starts project authorizations are contained in section 3037 of the bill.) The full funding grant agreement is based upon the evaluations and ratings required under subsection 5309(c). The baseline requirements for a project to secure a grant under this subsection is that the project proposal must be based on the results of alternatives analysis and preliminary engineering; justified based on a comprehensive review of the project's benefits; and supported by an acceptable degree of local financial commitment. The project justification and local financial commitment evaluation criteria are outlined in detail in subparagraphs (c)(3)(A)-(D), consistent with the current law criteria found in subsection 5309(e)(2)-(4). In assessing the local financial commitment for a new starts project, the FTA is authorized to consider the extent to which the project sponsor has overmatched the statutory local match requirement of 20 percent. However, the authority to consider a higher local match as part of the assessment of a project's local financial commitment does not allow the Secretary to require a higher local match than 20 percent.
Proposed new starts projects under subsection (c) are authorized to advance from alternatives analysis to preliminary engineering, and from preliminary engineering to final design and construction, if the Secretary finds that the project meets the requirements of this section. In making these findings, the Secretary is directed to evaluate and rate the project as `highly recommended', `recommended', or `not recommended' based on the results of alternatives analysis, the project justification criteria, and local financial commitment.
Subsection 5309(d) regarding capital investment grants of less than $75 million authorizes a new program under Capital Investment Grants. These `small starts' fall into two subcategories--those involving between $25 million and $75 million in funds under section 5309, and those that are less than $25 million. New fixed guideway capital projects with a section 5309 Federal share of less than $25 million are not subject to the requirements of this subsection regarding project evaluation and rating and do not enter into a long-term financial contract with the Secretary (called a `project construction grant agreement' in the small starts program). Under the small starts program, lower-cost fixed guideway projects such as streetcars, bus rapid transit, and commuter rail projects will be advanced through an expedited and streamlined evaluation and rating process. As the Federal Transit Administration develops administrative and regulatory guidance for the implementation of the small starts program, the process and procedures adopted should be representative of the relative size and scope of the projects.
Project justifications for the small starts program are based on five criteria: consistency with local land use policies and likelihood to achieve local developmental goals; cost effectiveness of the project at the time revenue service is initiated; degree of positive impact on local economic development; reliability of cost and ridership forecasts; and other factors the Secretary considers appropriate to carry out this subsection. The Secretary is also required to analyze and consider the results of planning and the alternatives analysis for the project. The small starts evaluation process should consider the economic benefits of the project, including the level of private sector investment associated with the advancement of the project. The small starts local financial commitment evaluation is a streamlined version of the new starts financial evaluation process. The Secretary is directed to require that each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable, and that there be an acceptable degree of local financial commitment. This provision gives the Secretary the authority to consider a higher local match as part of the assessment of a project's local financial commitment, but does not allow the Secretary to require a higher local match than 20 percent.
The project development process is also simplified. The new starts project development process involves four discrete steps: (1) planning and alternatives analysis, (2) preliminary engineering, (3) final design, and (4) entering into a full funding grant agreement and construction. The small starts program involves three steps: (1) planning and alternatives analysis, (2) project development, and (3) entering into a project construction grant agreement and construction. Small starts projects may advance from planning and alternatives analysis to project development and construction only after the Secretary finds that the project meets the requirements of this subsection and the local metropolitan planning organization adopts the locally preferred alternative into its long-range transportation plan. Small starts projects are evaluated based on project justification criteria and local financial commitment and are rated as `recommended' or `not recommended' based on the results of the FTA's analysis. Only small starts projects that are authorized for construction and rated `recommended' may enter into a project construction grant agreement.
Another important difference between the new starts program and the small starts program is that, under the small starts program, fixed guideway capital projects have a broader definition that includes corridor-based public transportation bus projects if the majority of the project's right-of-way is dedicated alignment. However, the program is written to be `mode neutral'--any fixed guideway capital project fitting the broader definition under small starts is eligible to be funded under this category if it is less than $75 million in section 5309 Federal funds, whether it is a bus rapid transit project, a streetcar or trolley project, commuter rail, or light rail. However, all small starts projects must be included under the new starts authorization list in section 3037 of this bill to receive funds in subsequent appropriations bills within this authorization period.
In subsection 5309(e), projects for which the FTA has previously issued letters of intent and full funding grant agreements before the date of enactment are exempted from any new program requirements under subsections (c) or (d). All new starts projects for which FTA has received an application for final design that fall under the $75 million threshold shall continue to be treated as major new fixed guideway capital projects, to avoid a duplicative review and evaluation process. The FTA is directed to promulgate regulations establishing the evaluation and rating process for the small starts program within 120 days after the enactment of this Act.
Subsection 5309(f) describes three federal financing mechanisms that can be used to support new fixed guideway capital projects funded under this section: letters of intent, full funding grant agreements, and early systems work agreements. These provisions are identical to those found in subsection 5309(g) under existing law. Subsection 5309(f)(4) addresses the issue of contingent commitment authority for major new starts and for small starts. Contingent commitment authority enables the Secretary to commit Federal funds in a full funding grant agreement or project construction grant agreement that extends beyond the end of the authorization period. The total amount the Secretary can commit is limited. For full funding grant agreements with major new starts projects, the total amount covered by all outstanding full funding grant agreements may not be more than the greater of the amount authorized for new starts for the 6-year life of the authorization, plus an amount equivalent to the last 3 fiscal years of the funding allocated for new starts under the authorization. For project construction grant agreements, the limitation extends only one fiscal year beyond the total 6-year life of the authorization. In subsection 5309(f)(5), the Secretary is directed to notify, in writing, the House Committee on Transportation and Infrastructure and the Senate Committee on Banking, Housing, and Urban Affairs before issuing a full funding grant agreement or project construction grant agreement, which allows the authorizing committees to review each long-term federal financing commitment before it is executed by the Secretary.
Subsection 5309(g) outlines the Government's share of the net project cost for all projects authorized under section 5309. The Administration had proposed to decrease the Government's share for new start projects to 50 percent. The Committee has rejected this proposal, and retains the provision under subsection 5309(h) in current law that the Federal share for a project shall be 80 percent, unless the grant recipient requests a lower grant percentage. New language is included clarifying that nothing in section 5309, including the language that specifically directs the FTA to consider in its evaluation of a project the extent to which a project has a higher local match than required by law, shall be construed as authorizing the Secretary to require a local match higher than 20 percent of the net capital project cost.
Subsection 5309(i) directs the Secretary to submit an annual new starts report to the House and Senate authorizing committees on the first Monday in February, which includes the Administration's funding proposals for new starts projects in the coming fiscal year, and evaluations and ratings for all new starts projects authorized in section 3037 of this Act. The current law requirement under subsection 5309(o)(2) regarding an August supplemental report is deleted. The Committee directs that the FTA shall forward letter updates to the House and Senate authorizing committees when a project advances to preliminary engineering or to final design after the publication of the annual new starts
report. In subsection 5309(i)(2), the U.S. General Accounting Office is directed to conduct an annual review of FTA's processes and procedures for evaluating, rating, and recommending new starts projects and how the agency implements such processes and procedures. This review shall be submitted to the Congress by May 31 of each year.
Subsection 5309(k), regarding bus and bus facility grants, amends the existing law language under subsection 5309(m)(3). The current language regarding consideration of the age of buses, bus fleets, related equipment, and bus-related facilities when making grants is retained. Current law provisions that set aside funds for the bus testing facility in Altoona, Pennsylvania and for the section 5308 Clean Fuels formula program are deleted, as both these programs are now funded as set-asides from formula grants.
Subsection 5309(l) is a new provision making bus and bus facilities and new starts grant funds available for three fiscal years (including the year in which the amount is made available or appropriated). Funds that remain unobligated after three years shall be deobligated and may be used by the Secretary for any purpose under this section.
Subsection 5309(m) directs the allocation of amounts made available for programs authorized under section 5309. The existing formula of 40 percent for new starts, 40 percent for rail modernization, and 20 percent for bus and bus facilities is retained, after the funding levels authorized for small starts are set aside from the total amount made available for section 5309 programs. Subsection 5309(m)(1) makes allocations for fiscal year 2004, using the current law practice of split funding each Federal transit program with 80 percent funding from the Mass Transit Account of the Highway Trust Fund and 20 percent funding from the general fund of the U.S. Treasury. For fiscal years 2005-2009, the financing of Federal transit programs is changed to eliminate the practice of split funding accounts, though the overall 80:20 ratio of trust funds to general funds for all Federal transit programs is retained. Therefore, subsection 5309(m)(2) makes allocations for fiscal years 2005-2009 from two different subsections of section 5338, which contains all Federal transit program apportionments. Subsection 5338(g) makes funds available for the rail modernization and bus and bus facilities programs from the Mass Transit Account. Subsection 5338(h) makes funds available for the new starts and the small starts programs from the general fund. The current law set-aside of $10.4 million a year for ferry boats and ferry terminal facilities in Alaska or Hawaii is retained. A provision is added establishing a new set-aside for the national fuel cell bus technology development program, authorized in section 3039 of the bill.
Sec. 3011. Fomula grants for special needs of elderly individuals and individuals with disabilities
This section amends section 5310 of title 49, United States Code, which authorizes formula grants to States for public transportation projects and services that meet the special needs of elderly and disabled individuals. The definition of grant recipient is amended in paragraph 5310(a)(2) by adding a definition for subrecipients, which is consistent with current practice. Section 5310 elderly and disabled formula grants are apportioned to the States and territories, whereupon a State may then allocate grant funds to: private nonprofit organizations if no public transportation service for these special needs is available, or if the available service is insufficient or inappropriate; or to governmental authorities that are approved by the State to coordinate services or that certify there are not any nonprofits organizations readily available to provide the transportation services. In paragraph 5310(a)(3) and consistent with existing law under section 5310(d), acquiring public transportation services is treated as a capital expense under this section. In paragraph 5310(a)(4), a 10 percent limitation is included on the amount of a State's grant funds that may be used for recipient or for subrecipient administrative expenses and technical assistance. This codifies current FTA administrative practice.
Subsection 5310(b) describes the apportionment and transfer processes, which follows current law, except that an adjustment is made to the apportionment formula for particularly low density States. Before the standard formula is run, which apportions funds based on the total number of elderly persons and persons with disabilities in a State to the total U.S. population of elderly and disabled, States with a population density of 10 persons or fewer per square mile have their elderly and disabled population number adjusted upward by a factor of 2; States with a population density of between 10 and 30 persons per square mile have their elderly and disabled population numbers adjusted upward by a factor of 1.25. In low density States, providing essential public transportation is particularly challenging, especially to special needs populations, because of the distances involved. When providing services over these long distances, operating costs are higher and farebox recovery is lower. This formula adjustment may enable low density States to continue providing essential public transportation services to a sector of the population that is particularly dependent on transit--the elderly and disabled. The provision regarding transfers of unobligated grant funds is identical to current law, and allows funds that may lapse under the one year availability to be transferred to other elderly and disabled transportation services in the State that are funded under sections 5307 or 5311.
Subsection (c) amends current law regarding the Government's share of costs. The current Federal match of 80 percent for capital projects is retained, except in cases where a State has a very high percentage of Federally-owned public lands. In such cases, the `sliding scale' Federal match under section 120(b) of title 23, United States Code, is used. Operating expenses are also made eligible for section 5310 elderly and disabled grant funding, limited to 50 percent of net operating costs. Two new sources of local match funding are authorized: proceeds from a service agreement with a State, local social service agency, or private social service organization; and other Federal funds from non-Department of Transportation agencies that can be expended for transportation (e.g., Temporary Assistance for Needy Families, Medicaid, job training program funds, or Welfare to Work grants). Using these related human service grants funds as a local match for transit projects leverages the Federal investment and increases coordination among Federal agencies that provide transportation services.
Subsection (d) regarding grant requirements changes the general applicability of requirements for the elderly and disabled grant program from current law, which ties the program to section 5309, to the requirements under section 5307, to the extent the Secretary considers appropriate. A new requirement is added that, beginning in fiscal year 2007, the State must certify that projects funded under this section are derived from coordinated public transit-human services transportation plans with public input. The current law requirement that the State certify allocations of funds were made on a fair and equitable basis is retained.
Subsection (e) repeats the current law provision in subsection 5310(c) regarding use of program funds for projects included in a State program of projects that has been submitted annually to the Secretary for approval, and that provides for the maximum feasible coordination of transportation services.
Subsection (f) allows vehicles acquired under this section to be leased to local governments to improve elderly and disabled transportation services (as under current law subsection 5310(g)). The remaining subsections 5310(h), (i) and (j) are redesignated as (g), (h) and (i) to follow.
Sec. 3012. Formula grants for other than urbanized areas
This section amends section 5311 of title 49, United States Code, regarding the apportionment of formula grant funds for non-urbanized areas. Subsection (a) amends the definition provisions under section 5311(a) to define an eligible recipient and sub-recipient of other than urbanized area funds.
Subsection (b) amends the general authority provisions that allow other than urbanized areas to use formula grant funds for capital transportation projects, or operating assistance projects (including the acquisition of transportation services) provided the projects are contained in a state program of public transportation service projects. Under subsection 5311(b)(3), the rural transportation assistance program (RTAP), a national technical assistance, training and support program for rural public transportation providers, is funded with a 2 percent set-aside of the section 5311 grant funds. From the amounts made available for the RTAP activities, up to 15 percent may be used by the Secretary to carry out projects of a national scope to sustain ongoing national activities. Under current law, the RTAP is funded out of the Research program.
Subsection 5311(c) describes the apportionment process, which follows current law, except that an adjustment is made to the apportionment formula for particularly low density States. Before the standard formula is run, which apportions funds based on the total population in nonurbanized areas in a State to the total U.S. population in nonurbanized areas, States with a population density of 10 persons or fewer per nonurbanized square mile have their population number adjusted upward by a factor of 1.5; States with a population density of between 10 and 12 persons per non-urbanized square mile have their population numbers adjusted upward by a factor of 1.25. In low density States, providing essential public transportation is particularly challenging
because of the distances involved. When providing services over these long distances, operating costs are higher and farebox recovery is lower. This formula adjustment may enable low density States to provide essential public transportation services by establishing a level of funding that will support a baseline program. Funds remain available for two years after the fiscal year in which the amount is apportioned, consistent with current law.
In subsection (e), an amendment is made to 5311(f) that requires States to consult with affected intercity bus service providers before certifying to the Secretary that intercity bus service needs of the State are being adequately met without making the 15 percent allocation of funds to such services. Such consultation would help ensure the State's awareness of any intercity bus service needs.
Subsection (f) amends section 5311(g) to retain the existing Federal share for any capital project at 80 percent or less of the net project cost, as determined by the Secretary; except in cases where a State has a very high percentage of Federally owned lands. In such cases, the `sliding scale' Federal match under section 120(b) of title 23, United States Code, is used. Also retained is the Federal share for operating assistance at 50 percent or less of the net costs of an operating project, as determined by the Secretary. The remainder of the net project costs may be provided from a number of different sources, including amounts appropriated to or made available to a department or agency of the Federal government, other than the Department of Transportation (e.g., Temporary Assistance for Needy Families, Medicaid, job training program funds, or Welfare to Work grants). Using these related human service grants funds as a local match for transit projects leverages the Federal investment and increases coordination among Federal agencies that provide transportation services.
Subsection (g) strikes section 5311(h) relating to operating assistance because operating assistance eligibility is included under the General Authority provisions at subsection (b).
Subsection (h) corrects the title to Chapter Analysis.
Sec. 3013. Research, Development, Demonstration, And Deployment Projects
Currently, section 5312 of title 49, United States Code does not address deployment of emerging technologies, and inappropriately includes training provisions. As amended, section 5312 would authorize research, development, demonstration, and deployment projects, and would move the training provisions in subsections (b) and (c) to section 5322 (Human Resource Program). Under this subsection, the terms `other transactions' is included and is used to replace the terms `other agreements' to provide the Federal government with discretion to enter into project agreements under terms that would encourage private parties to participate in Federally assisted projects. Subsection 5312(a) is further amended to eliminate outdated references to the Secretary of Housing and Urban Development. All references to `urban' transportation are eliminated to clarify that all transportation is public transportation in both urban and rural areas. Mass transportation and public transportation have the same meaning under the transit programs. This subsection also contains a series of clarifying and conforming amendments.
Sec. 3014. Cooperative Research Program
Amendments made to section 5313 of title 49, United States Code provide the correct authorization citation for the research programs and moves subsection (b) to the state planning section under Chapter 52 of title 49.
Sec. 3015. National Research and Technology Programs
Section 5314 of title 49, United States Code is amended to delete the word `Planning' in the heading because the focus of the section is on research and to include `Technology' in the heading to reflect the activities carried out under this subsection. Other amendments under this subsection correct the funding authorization citations and eliminate references to the planning sections of the title. The Secretary is required to continue to make funds available to help public transportation providers comply with the Americans With Disabilities Act of 1990. Under this section, the term `other transactions' is included to provide the Federal government with discretion to enter into project agreements under terms that encourage private parties to participate in federally assisted projects. The Industry Technical Panel composed of transportation suppliers and others involved in technology development is eliminated because the panel is no longer needed. The Federal Transit Administration has established an ongoing working relationship with all facets of the transit industry.
Sec. 3016. National Transit Institute
Section 5315 of title 49, United States Code is amended by striking references to mass transportation because public transportation is defined to mean mass transportation under the transit program.
Sec. 3017. Job Access and Reverse Commute Formula Grants
This section codifies the Job Access And Reverse Commute (JARC) program authorized under section 3037 of the Transportation Equity Act for the 21st Century. The program was established to assist welfare recipients and low-income individuals in getting to and from jobs. Under the proposed codified provisions of section 5316, subsection (a) applies definitions for eligible projects, low-income individuals, recipients, reverse commute projects, subrecipients, and welfare recipients.
As proposed in subsection (b), the Secretary would make grants for access to jobs and reverse commute projects to be carried out by the recipient or a subrecipient. A recipient would be permitted to use up to 10 percent of the amount it receives under this section to administer, plan, and provide technical assistance.
Subsection (c) proposes a formula for JARC funds that apportions 60 percent of the funds to designated recipients in urbanized areas with a population of 200,000 or more in a ratio reflecting the number of eligible low-income and welfare recipients in each urbanized area with a population of 200,000 or more; 20 percent of the funds are apportioned among the states in a ratio reflecting the number of eligible low-income and welfare recipients in urbanized areas with populations of less than 200,000 in each state; and 20 percent of the funds are apportioned among states in a ratio reflecting the number of low-income individuals and welfare recipients in other than urbanized areas in each state.
The funds must be used for eligible projects in the designated areas, except funds made available in urbanized areas with populations less than 200,000 and nonurbanized areas may be transferred for projects anywhere in the state if the state has established a statewide program for meeting the objectives of this section and the Governor of the state certifies that all of the objectives of this section are being met in the specific area. The recipient of JARC funds in an urbanized area with a population of 200,000 or more must conduct a competitive process for an areawide solicitation for applications for grants to the recipients and subrecipients. Statewide solicitations must be conducted in urbanized areas of less than 200,000 and in nonurbanized areas for applications for grants to the recipients and subrecipients. All grants shall be awarded on a competitive basis.
After consulting with responsible local public transportation officials and publicly owned operators of transportation in each area JARC funds were originally awarded, a state may transfer funds apportioned for urbanized areas with a population of less than 200,000 and for nonurbanized areas to section 5311 (c) or 5336, or both. Any funds transferred must be made available only for eligible JARC projects.
A JARC grant is subject to section 5307 formula grant requirements and a recipient of a grant must certify to the Secretary that allocations of the grant to subrecipients are distributed on a fair and equitable basis. The Federal share for capital projects may not exceed 80 percent of the net capital cost and for operating assistance the Federal share may not exceed 50 percent of the net operating costs. The non-Federal share may be provided from a variety of sources, including other Federal funds (other than from the Department of Transportation). Funds made available through the Social Security Act may also be used for the remainder of the cost of the project.
The Comptroller General is required to conduct a study to evaluate the JARC grant program and transmit the results to the Congress. The study must begin within one year after the enactment of the Federal Transportation Act of 2005, and every two years thereafter. Not later than three years after the date of enactment of this section, the Secretary must conduct a study to evaluate the effectiveness of recipients making grants to subrecipients and transmit the report to Congress.
Sec. 3018. New Freedom Program
This section authorizes a new program to address the transportation needs of persons with disabilities at all income levels. The New Freedom Program is codified as section 5317 of title 49, United States Code, a section that is repealed under current law. Under the New Freedom Program, the Secretary would make grants to a recipient for new transportation services and public transportation alternatives beyond the Americans With Disabilities Act of 1990 (ADA) to assist individuals with disabilities with transportation needs.
With the passage of the ADA, it has become a civil rights violation to deny access to persons with disabilities to public transportation. The New Freedom formula grant program was proposed by the administration and has been included in this legislation to provide additional tools to overcome existing barriers facing Americans with disabilities seeking integration into the work force and full participation in society. Lack of adequate transportation is a primary barrier to work for people with disabilities. The 2000 Census showed that only 60 percent of people between the ages of 16 and 64 with disabilities are employed. The New Freedom formula grant program will expand the transportation mobility options available to persons with disabilities beyond the requirements of the ADA. Examples of projects and activities that might be funded under the program include, but are not limited to:
Purchasing vehicles and supporting accessible taxi, ride-sharing, and vanpooling programs.
Providing paratransit services beyond minimum requirements ( 3/4 mile to either side of a fixed route), including for routes that run seasonally.
Making accessibility improvements to transit and intermodal stations not designated as key stations.
Supporting voucher programs for transportation services offered by human service providers.
Supporting volunteer driver and aide programs.
Supporting mobility management and coordination programs among public transportation providers and other human service agencies providing transportation.
A state may use up to 10 percent of the amount it receives under this section to administer, plan, and provide technical assistance. Funds would be apportioned based on a formula that apportions 60 percent of the funds to designated recipients in urbanized areas with a population of 200,000 or more in a ratio reflecting the number of individuals with disabilities in each such urbanized area; 20 percent of the funds are apportioned among the states in a ratio reflecting the number of individuals with disabilities in urbanized areas with a population of less than 200,000; and 20 percent of the funds are apportioned among the states in a ratio reflecting the number of individuals with disabilities in nonurbanized areas in each state.
The funds made available must be used for projects serving the areas for which the funds are apportioned for eligible projects. The formula provides an adjustment for low density areas to increase the amounts made available to assist in meeting the areas transportation needs. For small urbanized areas with a population of less than 200,000 and a population density of 10 persons per square mile or fewer, their population is multiplied by a factor of 2. For small urbanized areas with a population of 200,000 or less and a population density of 10 but equal to or fewer than 30 persons per square mile, the Secretary shall multiply their population by a factor of 1.25. The low density adjustment for other than urbanized areas with a density of 10 persons per square mile or fewer, the Secretary shall multiply their population by a factor of 1.5. For nonurbanized areas with a population density of more than 10 but equal to or fewer than 12 persons per square mile, the Secretary shall multiply their population by a factor of 1.25.
A state may transfer the amounts apportioned for small urbanized areas and for nonurbanized areas to other small urbanized formula grant programs and to other nonurbanized formula grant programs, provided the state has consulted with responsible local officials and publicly owned operators of public transportation in each area for which the amounts originally were awarded under this section. Any funds transferred must be available for eligible New Freedom projects.
The recipient of New Freedom funds in an urbanized area with a population of 200,000 or more must conduct a competitive process for an areawide solicitation for applications for grants to the recipients and subrecipients. Statewide solicitations must be conducted in urbanized areas with a population of less than 200,000 and in nonurbanized areas for applications for grants to the recipients.
A New Freedom grant is subject to the section 5307 formula grant requirements, except for grants for urbanized areas with a population of less than 200,000 and for nonurbanized areas, where a special warranty agreement utilized by the Secretary of Labor may be used to provide a fair and equitable arrangement to protect the interest of employees. The recipient of a grant under this section is required to certify that allocations are distributed to subrecipients on a fair and equitable basis.
The Secretary requires a recipient of a grant to coordinate the New Freedom program activities with other related program activities of other Federal agencies. Also a recipient that transfers funds to the urbanized area formula grant program must certify that the project for which funds are requested had been coordinated with nonprofit providers of services. Beginning in fiscal year 2007, a recipient will also be required to certify that projects selected were derived from a locally developed, coordinated public transit-human services transportation plan and that the plan was developed through a process that involved individuals of the public, private, and nonprofit transportation and human services providers.
The Federal share for the net project capital cost of a project may be up to 80 percent, and not more than 50 percent of the net operating cost of a project. The remainder of the funds could be derived from a variety of other sources, including undistributed cash surpluses; a replacement or depreciation cash fund or reserve; a service agreement with a state or local social service agency or social service organization; new capital; and other eligible Federal funds expended for transportation (other than funds from the Department of Transportation). Federal and state funds made available under the Social Security Act may be used for the non-Federal share. A state is prohibited from limiting the level or extent of the Government's share of operating expenses below the 50 percent in statute.
Sec. 3019. Bus testing facility
This section amends section 5318 of title 49, United States Code, to delete the requirement for the Secretary to establish one bus testing facility because the facility has already been established in Altoona, Pennsylvania. The Secretary is required to maintain the facility. The provisions under section 5318 that establishes a revolving loan fund for expenses related to operating and maintaining the facility are deleted because the bus testing facility relies on state resources to pay for those costs, and has never requested a loan. The provision concerning the acquisition of new bus models is moved to this section from section 5323(c) for clarity.
Sec. 3020. Bicycle facilities
This section includes a technical amendment and an amendment to extend the bicycle-related provisions to the new transit in the parks pilot program.
Sec. 3021. Transit in the parks pilot program
This section establishes a new program to provide for public transportation in units of the National Park System, to be administered by the Secretary of Transportation in consultation with the Secretary of the Interior. The definition of public transportation for the pilot program means general or special transportation to the public by a conveyance that is publicly or privately owned. The definition does not include school bus or charter transportation, but does include sightseeing transportation. Within 90 days after the enactment of this section, the Secretary of Transportation and the Secretary of the Interior must enter into a memorandum of understanding (MOU) to establish a transit in the parks pilot program to encourage and to promote the development of transportation systems to improve visitor mobility and enjoyment, reduce pollution and congestion, and enhance resource protection through the use of public transportation.
The Secretary of Transportation will administer the pilot program in consultation with the Secretary of the Interior. The MOU entered into between the Secretaries must be consistent with the planning processes required under Chapter 52 of title 49 and include descriptions of programs and activities eligible for assistance under the pilot
program. The Secretary of the Interior may carry out eligible transportation projects as permitted under the interagency agreements. The Government's share for any capital project or activity carried out under the pilot program is 100 percent of the net project costs. Operating assistance grants may not exceed 50 percent of the net operating costs of the project.
Sec. 3022. Human resource programs
Sections 5312(b) and (c) regarding grants to higher learning institutions and fellowships would be moved to sections 5322 (b) and (c) to better fit the organization of the revised section 5312 of title 49, United States Code.
Sec. 3023. General provisions on assistance
Amendments are made to section 5323 of title 49, United States Code in this section. The term `private mass transportation company' is changed to `private company engaged in public transportation' in subsection (a), to reflect the change in terminology from mass transportation or mass transit to public transportation.
Subsection 3023(c) regarding conditions on charter bus transportation service amends section 5323(d) by striking the existing law subsection (d)(2) regarding violations of agreements and inserting new language which directs the Secretary to investigate all complaints about violations of the charter service agreement and decide whether a violation has occurred; if a violation has occurred, to correct the violation; and, if a pattern of violations is found, to bar the recipient from receiving funds in an amount the Secretary considers appropriate. Under existing law, the Secretary did not have the flexibility to adjust the amount withheld--the recipient would be barred from receiving further Federal assistance. This overly-broad authority was never used, whereas a more flexible authority to penalize charter violators will encourage a more realistic and responsive approach to charter enforcement by the FTA. The Committee is aware that both public transportation providers and private charter bus providers have expressed strong concerns about the 1987 FTA rule enforcing section 5323(d) regarding charter bus service. The Committee directs the FTA to initiate a rulemaking seeking public comment on the regulations implementing section 5323(d), and to consider the issues listed below. Consideration of any changes to the current regulation shall not disturb the current law provisions under section 5323(f) regarding school bus transportation.
1. Are there potential limited conditions under which public transit agencies can provide community-based charter services directly to local governments and private non-profit agencies that would not otherwise be served in a cost-effective manner by private operators?
2. How can the administration and enforcement of charter bus provisions be better communicated to the public, including use of internet technology?
3. How can the enforcement of violations of the charter bus regulations be improved?
4. How can the charter complaint and administrative appeals process be improved?
The existing law section 5323(e) regarding bus seat belt functional specifications is deleted because such specifications have been issued by the Secretary. A new subsection (e) takes its place that makes revenue bond proceeds eligible for use as local match for federal transit grants and that authorizes recipients to establish debt service reserves using up to 10 percent of their federal grant funds. The authority to use bond proceeds as local match was established in section 3011 of the Transportation Equity Act for the 21st Century (TEA 21), and FTA has reported that this authority has been beneficial to transit operators. This subsection also permits the Secretary to reimburse recipients for deposits in a debt service reserve established for the purpose of financing transit capital projects, pursuant to section 5302(a)(1)(K). Such reimbursements are capped at 10 percent of the recipient's annual apportionment from section 5307 urbanized area formula grants.
Subsection 5323(f) regarding school bus transportation is amended to allow the Federal Transit Administration to assess fines and withhold grant funds if public transportation agencies violate the narrowly defined conditions under which public transportation providers can provide school bus transportation.
Section 5323(j) regarding Buy America is amended by adding a new requirement that FTA provide a detailed written justification when the agency issues a public interest waiver. Additionally, a new provision is added stating that parties adversely affected by FTA action on Buy America decisions may seek judicial review under the Administrative Procedures Act. The general regulatory waivers for Chrysler 15-passenger vans and wagons from the requirement that public transportation vehicles be assembled in the United States are repealed. Section 3023(g)(5) adds a freestanding legislative provision requiring the Secretary to issue a final rule within 180 days of enactment on FTA's implementation of the Buy America requirements. Specifically, the agency is directed to clarify that any waiver issued for microcomputer equipment under the general waiver in subsection (d) of Appendix A of section 661.7 of title 49, Code of Federal Regulations, be applied solely to devices that are used to process or store data, and not extend to products containing a microprocessor, computer, or microcomputer. In directing the Secretary to issue new regulations regarding microprocessors, computers, or microcomputers, there is no intent to change the existing regulatory treatment of software or of microcomputer equipment.
In the final rule, the FTA is also directed to define the term `end product' for purposes of part 661 of title 49, CFR, and that such definition include a list of representative items that are subject to the Buy America requirements, similar to the list of such items under the rolling stock procurements regulations (section 661.11 of title 49, CFR). The purpose of developing such a list and more clearly defining the term end product is to ensure that each discrete end product, whether purchased as part of a larger system or on its own, meets the Buy America requirements of section 5323(j) of title 49, United States Code as implemented by FTA regulation. FTA should be mindful of the original purpose of the Buy America law--to promote U.S. job creation and keep current U.S. jobs in America.
Sec. 3024. Special provisions for capital projects
This section makes very minor amendments to section 5324 of title 49, United States Code and changes the title of the section from `Limitations on discretionary and special needs grants and loans' to `Special provisions for capital projects,' which is more descriptive of the provisions contained therein regarding relocation program requirements and consideration of economic, social, and environmental interests.
Sec. 3025. Contract requirements
This section consolidates sections 5325 `Contract Requirements' and 5326 `Special Procurements' of title 49, United States Code, since the provisions of section 5326 fall within the scope of conditions set on contracts that utilize federal funds provided under chapter 53 of title 49, United States Code. Under the revised subsection 5325(a) and (b), recipients of such funds are expressly required to conduct procurements using full and open competition and to use standard architectural, engineering, and design contract award procedures. A new subsection 5325(d) is added that is identical to existing law section 5326(a), except that the term `turnkey' is replaced with the more commonly used term `design-build', and references to design-build `demonstration projects' are deleted, since design-build contracting has matured beyond the demonstration phase. In addition, design-build contracting does not necessarily result in lower project costs or new technologies and, as a result, this concept as expressed under section 5326(a)(2) in current law is removed.
Sec. 3026. Project management oversight and review
This section amends section 5327 of title 49, United States Code regarding project management oversight activities. The Secretary is authorized to use .5 percent of section 5311 funds, .75 percent of section 5307 funds, and 1 percent of section 5309 funds to make contracts for oversight of major transit construction projects, and to review and audit recipients' compliance with federal requirements and provide technical assistance to correct deficiencies identified in such reviews and audits. This is an increase in the amount set aside for such activities above levels set under current law, which provides for .5 percent of section 5307 and section 5311 funds and up to .75 percent for section 5309 funds. Comprehensive agency oversight, compliance review, and technical assistance are necessary for all major grant programs, and particularly important for major capital grants such as new starts and rail modernization.
Sec. 3027. Investigations of safety and hazards
This section amends section 5329 of title 49, United States Code regarding the Secretary's authority to investigate safety and security risks associated with public transportation equipment, facilities, or operations financed under chapter 53 of title 49, United States Code. The Secretary may withhold any amount of a recipient's Federal assistance until a plan to eliminate, mitigate, or correct the hazard has been approved and carried out.
Sec. 3028. State safety oversight
This section amends section 5330 of title 49, United States Code by changing the heading from `Withholding amounts for noncompliance with safety requirements' to reflect the more commonly used title of `State safety oversight.' Under this section, a State is required to establish and carry out a safety program plan for rail-based new starts projects. Commuter rail systems that operate on the general railway system are subject to the safety rules and oversight of the Federal Railroad Administration. Amendments to subsection 5330(a) ensure that safety is considered well before a rail-based new start project begins revenue service. In subsection 5330(d), rail-based new start projects that operate in two or more States are required to have a unified safety program plan.
Sec. 3029. Controlled substances and alcohol misuse testing
This section amends section 5331 of title 49, United States Code regarding drug and alcohol testing of public transportation employees, allowing the Secretary to apply a single agency's drug and alcohol testing regime if a particular transportation provider is subject to more than one agency's rules. Currently, section 5331 authorizes the Secretary to exclude from FTA drug and alcohol testing those public transportation providers that are adequately covered by the Federal Motor Carrier Safety Administration or the Federal Railroad Administration testing statutes. The amendment to subsection 5331(a) expands the Secretary's authority to exclude from FTA testing those public transportation providers that are adequately covered under other Federal or Departmental testing, such as the U.S. Coast Guard's testing provisions applicable to ferryboat employees.
Sec. 3030. Employee protective arrangements
This section amends Section 5333 of title 49, United States Code making conforming changes to ensure that all federal public transportation grant programs are subject to fair labor standards and employee protective arrangements.
Sec. 3031. Administrative procedures
This section amends section 5334 of title 49, United States Code regarding the Secretary of Transportation and Federal Transit Administration's authority to administer programs carried out under chapter 53 of title 49, United States Code. The Secretary is prohibited from regulating public transportation provider's routes, schedules, and rates, except in the case of a national or regional emergency. A new subsection 5334(c)(5) has been added that requires the FTA to subject non-regulatory substantive policy statements to a 60-day public review notice and comment period. Currently, FTA circulars, letters, or other policy statements can be issued without the benefit of the same public review and comment process that is required under the regulatory process. However, such documents often carry the same weight and penalties as regulations. An example of this `unwritten rule' is the $500 million per project limitation FTA has placed on the Federal commitment on a full funding grant agreement issued under the authority of section 5309. Although such a project cost limitation might be a valid policy, it has not been published in a form that allows for comment from the affected transit community. The provision added in subsection (c)(5) will add transparency to FTA's administrative procedures and provide opportunity for public review and feedback.
Sec. 3032. National transit database
This section amends Section 5335 of title 49, United States Code by striking subsection (b) regarding a transferability report that was completed in 1993 and changing the title of the section to reflect the remaining provisions regarding the Secretary's authority to maintain a national reporting system of public transportation financial and operating information using a uniform system of accounts. The section header is amended from the current law title `Reports and audits' to `National transit database' to reflect the revised contents of the section.
Sec. 3033. Apportionments based on fixed guideway factors
This section amends Section 5337 of title 49, United States Code regarding apportionment formulas for the fixed guideway modernization program. The provision regarding route segments to be included in the apportionment formula is amended to delete the `1997 Standard' that held eligible rail system mileage to the number of miles a system reported in fiscal year 1997.
Sec. 3034. Authorizations
This section amends Section 5338 of title 49, United States Code, making FTA program funds available on an annual basis for the fiscal year 2004-2009 authorization period. The major FTA programs are Formula Grants, Capital Investment Grants, Planning, Research, and Administrative Expenses. Subsections (a), (c), (d), (e), and (f) break out funding allocations between fiscal year 2004 and fiscal years 2005-2009. This organizational structure is adopted to separate the fiscal year 2004 funding, which splits every account's funding between the Mass Transit Account and the general fund at an 80:20 ratio (current law structure), from funding for fiscal years 2005-2009, which is either 100 percent trust funded or 100 percent general funded. The programs that will be 100 percent trust funded in fiscal years 2005-2009 are Formula Grants and Planning, as well as the bus and bus related facilities grants and the fixed guideway modernization grants under Capital Investment Grants. The programs that will be 100 percent general funded in fiscal years 2005-2009 are Research, Administration, and the new starts and small starts programs under Capital Investment Grants. This restructuring of the program financing will prevent an accounting problem with the spending rate of the Mass Transit Account. By not split-funding any programs, each program will outlay at its actual spending rate.
The Formula Grants programs comprise 54 percent of the total transit programs. There are a number of allocations made from the total formula grants funding for: new bus model testing, grants to the Alaska Railroad, over-the-road bus accessibility equipment costs, the new Transit in the Parks pilot program, the transit portion of funding for the non-motorized transportation pilot program authorized in section 1121(b) of the bill, the New Freedom program, the Job Access and Reverse Commute grant program, and the Clean Fuels grant program. After these allocations of funds have been made, the remainder of the aggregate amount is allocated in the following percentages: 2.5 percent to the elderly and disabled formula grant program, 8 percent to the nonurbanized formula grant program, and 89.5 percent to the urbanized area formula grant program. The percentage shares for the elderly and disabled program grants and for the nonurbanized formula grants have been increased over such shares under current law.
The Capital Investment Grants programs comprise 43 percent of the total transit programs. The four Capital Investment Grant programs (fixed guideway modernization, new starts, small starts, and bus and bus-related facilities) receive funding allocations under section 5309(m). For fiscal year 2004, funding for these programs is apportioned under subsection 5338(b), with 80 percent of the funding coming from the Mass Transit Acount and 20 percent from the general fund. In subsection 5338(g), funding is apportioned for fiscal years 2005-2009 from the Mass Transit Account of the Highway Trust Fund for bus and bus facilities and fixed guideway modernization. In subsection 5338(h), funding is authorized to be appropriated in fiscal years 2005-2009 for new starts and small starts.
Planning grant fund apportionments to metropolitan areas and states is provided under subsection 5338(c). For fiscal year 2004, the funding is split-funded and for fiscal years 2005-2009, the funding is derived from the Mass Transit Account. The percentage of planning funds allocated to metropolitan areas is 82.72 percent and 17.28 percent is apportioned to states for state planning activities. These are the same percentages as provided under current law. The total amount of funding authorized for planning activities has been increased from 1 percent of the total program under current law to 1.25 percent, in recognition of additional funding needs resulting from the designation of 46 new urbanized areas in the 2000 Census.
The Research program is funded under subsection 5338(d). For fiscal year 2004, the funding is split-funded, and for fiscal years 2005-2009, the funding is authorized to be appropriated from the general fund. There are a number of allocations made from the total formula grants funding for: the transit cooperative research program, management of the national transit database, the National Transit Institute transit training facility at Rutgers University, and Project Action, a national technical assistance program for providers of transportation services to the disabled. The remainder of funds under this subsection are available for the national research and technology programs. In subsection 5338(e), funding is authorized for university transportation research. This complements funding made available for these programs under the Federal-aid Highway program in Title V of the bill.
Funding for administration of the Federal transit programs is provided under subsection 5338(f). For fiscal year 2004, the funding is split-funded, and for fiscal years 2005-2009, the funding is authorized to be appropriated from the general fund.
Sec. 3035. Over-the-road bus accessibility program
This section amends Section 3038 of TEA 21 regarding the over-the-road bus accessibility program, which provides grants to intercity and charter bus providers for incremental costs of equipment to reach compliance with the Americans with Disabilities Act. The TEA 21 provision regarding Federal share is amended by increasing the Federal share for such project costs from 50 percent to 80 percent.
Sec. 3036. Updated terminology
This section amends chapter 53 of title 49, United States Code by striking `mass transportation' and replacing it with `public transportation.'
Sec. 3037. Project authorizations for new fixed guideway capital projects
This section lists the projects that are authorized under the section 5309 new starts and small starts programs for fiscal years 2004-2009. Existing full funding grant agreements are listed separately from projects authorized for final design and construction and those authorized for alternatives analysis and preliminary engineering.
In subsection 3037(a), 26 new start projects originally authorized in the Intermodal Surface Transportation Efficiency Act (ISTEA) or in TEA 21 have continued authorizations with the amount specified by fiscal year that remains outstanding under the schedule of federal funds for the project (or `schedule 6') attached to each project's full funding grant agreement contract with the FTA. The first responsibility of the Appropriations Committees in providing funds for new fixed guideway capital projects must be to ensure that each project under a full funding grant agreement receives the full amount specified for the fiscal year in which it is programmed. Under-funding full funding grant agreements is very damaging to the financial management of the project and to the overall capital and operating budget of the sponsoring agency, and may jeopardize private financing for the local share of such project costs.
In subsection 3037(b), new fixed guideway capital projects that are ongoing projects in the new starts pipeline and are currently in preliminary engineering or final design are authorized for final design and construction.
In subsection 3037(c), new fixed guideway capital projects that have not yet been approved for preliminary engineering by the FTA or that were not previously authorized under TEA 21 are authorized for alternatives analysis and preliminary engineering.
Subsection 3038(d) sets out rules relating to new starts and small starts funding for the life of the authorization. In general, all projects that are authorized under subsection (a) may expend Federal funds only for final design and construction activities. Projects that are authorized under subsection (b) may expend Federal funds for final design and construction, and for alternatives analysis and preliminary engineering activities. Projects that are authorized under subsection (c) may expend Federal funds only on alternatives analysis and preliminary engineering activities. However, on October 1, 2007, projects authorized under subsection (c) shall also be authorized for final design and construction. Minimum funding levels are established for appropriations for each fiscal year in the full funding grant agreement category (subsection a) and the final design and construction category (subsection b), and maximum funding levels are established for each fiscal year in the alternatives analysis and preliminary engineering category (subsection c). Subsection 3037(b) projects authorized for final design and construction that execute a full funding grant agreement with FTA after the date of enactment of this Act are to be given the full amount indicated in the schedule of federal funds for the project for each fiscal year under the agreement.
Subsection 3037(e) amends the project description for the New Jersey Urban Core project originally authorized in section 3031(d) of ISTEA. This authorization was expanded in TEA 21 and is further amended in this legislation. Elements of New Jersey Urban Core project include:
The Secaucus Transfer, which consists of construction of a new rail transfer station at the intersection of the Northeast Corridor and the Main, Bergen and Pascack Valley Lines as well as a rail spur north to the Meadowlands Sports Complex and a connection to the Hudson River Waterfront Transportation System.
The Lackawanna Cutoff, which is the restoration of passenger rail service between Port Morris, NJ and Scranton, PA.
The Kearny Connection, which is a connection in Kearny allowing Morris and Essex Line commuter rail trains to access the Northeast Corridor to New York.
The Waterfront Connection, which is a connection allowing Northeast Corridor commuter rail trains to access the Morris and Essex Lines to Hoboken.
The Northeast Corridor Signal System, which is the implementation of a high-density signal system on the Northeast Corridor between Newark and New York City.
The Hudson River Waterfront Transportation System, which is being implemented as three segments of Hudson-Bergen Light Rail. The first segment runs from Hoboken Terminal south to 34th Street in Bayonne with a spur to West Side Avenue in Jersey City. The second segment extends the first segment south from 34th Street to 22nd Street in Bayonne and north from Hoboken to Tonnelle Avenue in North Bergen. The third segment extends the line south from 22nd Street to 5th Street in Hoboken and North from Tonnelle Avenue to the Vince Lombardi Park & Ride in Ridgefield. The Hudson River Waterfront Transportation System also includes extensions from the Vince Lombardi Park & Ride in Ridgefield west to Saddlebrook and east to Edgewater.
The Northern Branch Line or the West Shore Line, which consists of either an extension from the Hudson River Waterfront Transportation System north along the Northern Branch freight line to New York State, or a commuter rail extension north from Secaucus Transfer and the Meadowlands Rail Spur across the Meadowlands to the West Shore freight line, which extends into New York State.
The Newark-Newark International Airport-Elizabeth Transit Link, which is a light rail project running from Newark Penn Station south through downtown Newark into Union County, including Newark Liberty International Airport Rail Station, the Jersey Gardens Mall, downtown Elizabeth then proceeding west to Plainfield.
The rail connection between Newark Penn and Broad Street stations, which is a light rail circulator service in downtown Newark, being implemented as the Newark Elizabeth Rail Link.
The New York Penn Station Concourse, which is a station expansion project in New York Penn Station.
The restoration of commuter rail service in Monmouth, Ocean and Middlesex counties, which consists of restored rail service from Lakehurst north to Freehold and proceeding either west to connect with the Northeast Corridor through Jamesburg or north to connect with the North Jersey Coast Line in Matawan.
New Jersey Urban Core also provides for the construction of any appropriate rail service in Passaic County and the equipment necessary to service all project elements.
Subsection 3037(f) directs that project elements of the New Jersey Trans-Hudson Midtown Corridor that have been advanced with 100 percent non-Federal funds shall be given consideration by the FTA when evaluating the local share of the project in the new starts rating process, including the purchase of bi-level rail equipment.
Sec. 3038. Projects for bus and bus-related facilities
This section lists bus and bus facilities projects and associated funding levels for fiscal years 2006, 2007, and 2008. Each year's designated funding represents one half of the authorized amount for section 5309 bus and bus facility projects for that fiscal year.
Sec. 3039. National fuel cell bus technology development program
This section authorizes a new fuel cell bus technology development program for hydrogen fuel cell and liquid methanol fuel cell bus technologies, in order to facilitate the
development of commercially viable fuel cell bus technology and related infrastructure. The program is limited to three recipients, at a Federal share of 50 percent.
Sec. 3040. High-intensity small-urbanized area formula grant program
This section establishes a new set-aside program from the section 5307 urbanized area formula grants that provides a small bonus grant payment to urbanized areas under 200,000 in population that operate at a level of service above the industry average level of service in similarly-sized urbanized areas in one or more of six performance categories: passenger miles traveled per vehicle revenue mile, passenger miles traveled per vehicle revenue hour, vehicle revenue miles per capita, vehicle revenue hours per capita, passenger miles traveled per capita, and passengers per capita. These performance categories and a methodology established for providing bonus grants were established in the September 2000 FTA report to Congress called `The Urbanized Area Formula Program and the Needs of Small Transit Intensive Cities.'
Sec. 3041. Allocation for national research and technology programs
This section establishes seven specific research areas within the Federal Transit Administration's national research and technology program, and allocates funding levels in each fiscal year of the authorization period for these research areas. These research focus areas were developed through conferring with the FTA and reflecting priorities established in the agency's Research and Technology Strategic Plan. The programmatic structure and funding floors for each research area will help ensure that adequate funding is provided throughout the authorization period to establish and carry out meaningful programs with depth and continuity.
Sec. 3042. Relationship to other laws
Under current law, section 5323(l) requires state-managed transit grant programs be subject to State transportation planning requirements in section 135 of title 23, United States Code. Since all transportation planning programs are now addressed under chapter 52 of title 49, U.S.C., section 3042 contains a new provision amending section 5323(l) that broadens the applicability of section 1001 of title 18, prohibiting fraudulent statements to the Government, to all certificates, submissions, or statements provided to DOT under Chapter 53 of Title 49. This language is intended to provide a direct tie between 18 U.S.C. 1001 and the punitive recourse of ending financial assistance provided for in the second sentence of new subsection 5323(l). This language is not intended to, and should not be construed to, exclude by implication from the application of 18 U.S.C. 1001 any other matter to which such section would otherwise apply.
Sec. 3043. Cooperative procurement
This section directs the Secretary to review the practice of cooperative procurement of transit rolling stock, such as buses and rail cars. A pilot program is currently underway at the Federal Transit Administration to determine the benefits of encouraging cooperative procurement of major capital equipment. The program consists of three competitively selected grantees, consortiums of grantees, or members of the private sector acting as agents of grantees, who will develop cooperative specifications and conduct joint procurements. For this program, the Federal share was increased from 80 percent to 90 percent. The Secretary is also directed to consider information gathered from grantees about cooperative procurement, whether or not related to the pilot program. The Secretary is directed to notify the Committee on Transportation and Infrastructure and the Senate Committee on Banking, Housing, and Urban Affairs of the results of the cooperative procurement review, and make a finding of whether this program has sufficient merit to be formally incorporated in the Federal public transportation program.
Sec. 3044. Obligation ceiling
This section sets the annual obligation ceiling for Federal Transit Administration programs authorized by this Act for fiscal years 2004-2009, including both amounts made available from the Mass Transit Account of the Highway Trust Fund and general funds from the U.S. Treasury. The total obligation authority for each fiscal year is guaranteed to be provided in the fiscal year for which it is set under the budgetary firewalls established in section VIII of the bill.
Sec. 3045. Adjustments for the Surface Transportation Extension Act of 2004, Part V
This section provides for the funding reconciliation of apportionments and allocations made to transit grant recipients under this Act with the levels of funding already made available under the Surface Transportation Extension Act of 2004, Part V, which expires May 31, 2005.
Sec. 3046. Special rule for fiscal year 2004
This section states that, where fiscal year 2004 authorized amounts in this title differ from fiscal year 2004 authorized amounts in the Surface Transportation Extension Act of 2004, Part V (STEA Part V), then STEA Part V governs.
The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (P.L. 106-159) established the Federal Motor Carrier Safety Administration (FMCSA) within the Department of Transportation (DOT) on January 1, 2000. Prior to the enactment of MCSIA, commercial motor vehicle-related crashes resulting in fatalities and injuries had been steadily climbing and it was determined that the creation of a separate modal administration within the DOT would improve truck and bus safety. According to data compiled by the DOT, large trucks 1
[Footnote] represent about three percent of registered vehicles; however, they account for seven percent of the vehicle-miles traveled on our Nation's highways, and are involved in about 11 percent of all fatal crashes.
[Footnote 1: Large truck is defined as a commerical motor vehicle with a gross vehicle weight of 10,001 pounds or more.]
FMCSA's primary responsibility is to enforce the Federal motor carrier safety and hazardous materials regulations, including the requirements governing Mexico-domiciled commercial motors vehicles operating in the United States. FMCSA also administers the Commercial Driver's License (CDL) program, oversees the interstate transportation of household goods, and all aspects of hazardous materials transportation via highway. FMCSA has been directed to accomplish these responsibilities through increased enforcement of the safety regulations, expedited completion of rulemaking proceedings, scientific research, and improved commercial driver's licensing programs.
FMCSA has set a goal of reducing the rate of fatalities in large truck crashes by 39 percent between 1999, the year prior to the agency's creation, and 2008, from a rate of 2.7 fatalities per 100 million vehicle miles traveled (VMT) to a rate of 1.65. The commercial motor vehicle fatality rate, factoring in increases in VMT, was reduced to 2.28 in 2002, a reduction of seven percent from 2001 when the rate was 2.45. The commercial motor vehicle fatality rate reduction in 2002 marked the fifth consecutive year the rate had been reduced. While the fatality rate has improved, in 2003, 4,986 people were killed in truck crashes, an increase of 47 deaths over 2002, and 122,000 people were injured. In addition, 723 truck drivers were killed in 2003, an increase of nearly 5 percent over the number of 2002 fatalities.
Sec. 4101. Authorization of appropriations
From the day of burro-drawn wagons moving our goods to the current day intermodal, just-in-time delivery system, commercial vehicles have always played an important role in our Nation's economy. To ensure this vital piece of our everyday lives continues in a safe and efficient manner, the Committee enacts this legislation. This section provides funding from the Highway Trust Fund, other than the Mass Transit Account, for FMCSA to implement safety programs for fiscal years 2004 through 2009. Funding for the Motor Carrier Safety Assistance Program is authorized in section 4102 of this title.
This bill authorizes FMCSA and its programs to be funded through contract authority. Under the Transportation Equity Act for the 21st Century (TEA-21), which was enacted 18 months prior to the creation of FMCSA, the agency's administrative expenses were funded through a deduction of the Federal Highway Administration's (FHWA) administrative expenses. This set-aside of Federal-aid funds is called a `takedown'. MCSIA amended TEA-21 by increasing the takedown to one-third of one percent from the FHWA's administrative expenses to administer FMCSA activities.
Other than the first year of enactment, the takedown has proven to be ineffective for funding the motor carrier safety program adequately. In addition, the takedown has not been able to respond to additional safety and program needs created with the implementation of the North American Free Trade Agreement, and the security improvements needed in response to the terrorist attacks of September 11, 2001. Therefore, it is appropriate to create new contract authority for FMCSA expenses. In addition to authorizing administrative expenses, this section also authorizes three grant programs for commercial driver's license improvement, border enforcement, and performance and registration system management, as well as on authorization to carry out the commercial vehicle information systems and networks development program.
Sec. 4102. Motor carrier safety grants
An important FMCSA responsibility is managing the Motor Carrier Safety Assistance Program (MCSAP), which provides grants to States for the enforcement of the Federal safety and hazardous materials regulations governing commercial motor vehicles. Safety enforcement under MCSAP is primarily achieved through roadside inspections and safety compliance reviews. MCSAP grants are authorized to provide up to 80 percent of State program costs. MCSAP was initiated in the early 1980s and the program has grown in size every year since. From 1997 to 2003, the annual authorization grew from $78.2 million to $189 million. In 2003, MCSAP officers conducted over 2.9 million commercial motor vehicle and driver inspections nationwide, with approximately seven percent of drivers and 23 percent of vehicles placed out of service for violations of the safety and hazardous materials regulations. Under current law, MCSAP agencies may be reimbursed for traffic enforcement activities when those activities are conducted in conjunction with safety inspections, while conducting weight inspections, or while conducting a drug interdiction inspection.
Subsection (a) of this section reauthorizes MCSAP, with a number of changes. In addition to increases in authorized funding levels, the program would be amended to require the States to include five new requirements in their annual commercial vehicle safety plans. The first element requires the implementation of performance-based activities, including deployment of technology to enhance the efficiency and effectiveness of commercial motor vehicle safety programs. The second element requires States to establish a program ensuring that all information and data provided to the Secretary that is used for safety rating purposes, or in identifying high-risk carriers, is accurate, timely, and complete. The third element requires States to include in their training manuals, for all drivers' licensing examinations, information about best practices for safely sharing the road with trucks and cars. States are also required to enforce the registration requirements of section 13902, of title 49, United States Code, by removing from service vehicles that are unregistered or operating beyond the scope of their registration. The final change requires States to conduct highly visible traffic enforcement programs in locations or corridors that have been identified as having a high incidence of truck crashes.
Subsection (b) of this section details the new activities for which States can use funds provided under the Motor Carrier Safety Assistance Program. These activities include the ability to conduct traffic enforcement on commercial motor vehicles without a corresponding safety inspection and on non-commercial motor vehicles when the behavior of the drivers of smaller vehicles increases the risk of crashes involving commercial motor vehicles. The Secretary would also be required to provide an annual report to Congress detailing the effect these new activities and requirements have had on commercial motor vehicle and highway safety.
The Committee intends this new MCSAP authority to be used in direct relation to conducting highly visible roadside enforcement activities in high crash corridors. The Committee intends these changes to establish a commercial motor vehicle and highway safety program similar to State impaired driving programs, as well as, `buckle-up' campaigns. With these changes in mind, the Committee has also increased funding for outreach and education currently conducted by FMCSA. With this legislation, the outreach program will be jointly managed by FMCSA and NHTSA. The Committee believes combining enforcement activities with a robust outreach and education program is necessary to maximize the results.
Subsection (c) of this section authorizes funding for the Motor Carrier Safety Assistance Program. This funding is for the basic grant program, high priority grants, and the new entrant program. This bill does not continue the incentive program for MCSAP. By increasing the funding total and removing the incentive program the Committee will ensure more resources go to the core function of the MCSAP program, conducting commercial motor vehicle and driver safety and hazardous materials inspections.
Subsection (d) of this section provides FMCSA the authority to provide grants without a matching requirement to the States to conduct safety audits of new entrant motor carriers. This subsection also increases the current amount of MCSAP funding available for high priority activities to 10 percent of the total funds authorized. The funding may be used for activities designed to improve all information and data provided to the Secretary from the State that is used for safety rating purposes, or for identifying high-risk carriers. In addition, this subsection also allows the Secretary to use up to $15,000,000 each fiscal year to conduct safety audits of new entrant motor carriers described in subsection (c).
Subsection (e) contains a technical amendment.
Sec. 4103. Border enforcement grant
Subsection (a) deletes contract authority funding for information systems by striking the section 31107 of title 49, U.S.C., where it currently is located. Funding for information systems is now included in the administrative expenses. Subsection (a) also creates a new grant program for border enforcement activities under the same section.
This grant program is for State enforcement activities at the Canadian and Mexican borders. No Federal activity would be conducted using this money. States would be authorized to use the grants for virtually anything related to Commercial Motor Vehicles (CMV) safety enforcement and compliance with State and Federal CMV requirements involving foreign motor carriers, including the purchase of land and buildings. Grant recipients could not use Federal funds to replace State funds and they would be required to maintain the average level of border-related expenditures during fiscal years 2003-2004. It is intended, and quite possible, that this money will not be distributed to every State that shares a border with another Country, but will only be distributed to States with an identified need.
These grants do not require a State match.
Subsection (b) includes the conforming amendments necessary for the changes made in subsection (a).
Sec. 4104. Commercial driver's license improvements
Subsection (a) creates a new program for commercial driver's license improvement grants. These grants enable States to improve the implementation of their commercial driver's license programs. The grants may be used to improve training, computer software, computer hardware, publications, testing, quality control, and to hire personnel. However, the funds received under this program must first be used to ensure the State has met the commercial driver's license program improvements that were required in the Motor Carrier Safety Improvement Act. Unlike the border grants, these funds may not be used to purchase land or buildings. In order to apply for a grant, a State must first conduct a self-assessment and identify deficiencies in their commercial driver's license program. Based on these assessments, the State will then apply for the appropriate amount of funding to correct these issues. The State must also maintain an average level of commercial driver's license expenditures during the fiscal years 2003-2004. The government share for these grants is 80 percent. Five percent of these funds will be set aside for high priority commercial driver's license activities.
Subsection (b) includes the conforming amendments necessary for the changes made in subsection (a).
Subsection (c) authorizes the Secretary to redirect up to 5 or 10 percent of the funds a State receives under this program, if the State is found to be in serious non-compliance with the commercial driver's license program. The penalty provisions found in the CDL statutes have been amended to encourage the Secretary, through more flexibility, to assess penalties for non-compliance.
Sec. 4105. Hobbs Act
Subsection (a) amends the Hobbs Act to make explicit the interpretation given to that act by a series of decisions of the U.S. Circuit Courts of Appeals. In 1966, when the
Department of Transportation (DOT) was created, Congress transferred responsibility for regulating motor carrier safety and driver qualifications from the former Interstate Commerce Commission (ICC) to the Department. Sections 351(a) and 352 of title 49 provide for the same method of judicial appeal from actions based on these transferred functions as would have been required had the functions remained with the ICC. Prior to 1966, ICC orders were reviewed by three-judge District Courts, with a right of direct appeal to the Supreme Court. In 1975, Congress altered the path of review for ICC actions, substituting for the three-judge District Court, a right of direct appeal to the Court of Appeals for the relevant jurisdiction. This statute is known as the Hobbs Act (28 U.S.C. 2321, 2342). The ICC was abolished in 1995 and most of its remaining functions were transferred to the newly created Surface Transportation Board (STB) or to FMCSA. The corresponding revisions to the Hobbs Act, however, created uncertainty.
That raised the question whether an action by FMCSA pursuant to the safety authority transferred in 1966 could still be reviewed by the Courts of Appeal, since section 2342(3)(A) applied to the commercial statutes, while section 2342(5) applied to actions of the STB.
Subsection (a) ensures that both of these issues would be covered by inserting in section 2342(3)(A) a reference to `subchapter III of chapter 311, chapter 313, and chapter 315 of Part B of subtitle VI of title 49.' FMCSA's safety statutes are codified there, including statutes enacted after 1966. All safety statutes would thus be subject to exclusive review by the Courts of Appeal.
Subsections (b) and (c) simply replace the term `Federal Highway Administration' with `Federal Motor Carrier Safety Administration' in 49 U.S.C. 351(a) and 352. The ICC's motor carrier safety functions were exercised by FHWA until the fall of 1999 and were statutorily entrusted to FMCSA when it was created on January 1, 2000. Because FHWA retains no duties or powers transferred from the ICC, sections 351(a) and 352 should refer to FMCSA.
Sec. 4106. Penalty for denial of access to records
FMCSA investigators have broad authority to inspect and copy motor carrier and shipper records (see 49 U.S.C. 504(c), 31133(a)). The majority of carriers and shippers readily grant access to requested records, however, some deliberately impede the investigative process by refusing to set an audit date, or, after setting a date, by ordering investigators off the premises--occasionally with a show of force. Others take a more subtle approach, feigning illness or declaring an `emergency' during the audit; pleading inability to produce records because of the absence of key personnel; or delivering documents at a pace designed to prolong the audit beyond the time available to the investigator.
FMCSA can issue an administrative subpoena for documents, and the refusal to comply requires the agency to file an action in Federal court to enforce the subpoena. This process, though effective, is relatively slow and labor-intensive, and the cost to a carrier or shipper who does not seriously contest the action is minimal.
New section 521(b)(2)(E) creates a financial penalty to dissuade any uncooperative carriers or shippers from denying or impeding FMCSA's legitimate access to records.
Sec. 4107. Medical Review Board
This section requires FMCSA to establish a Medical Review Board to serve as a source of up-to-date medical advice for FMCSA on matters related to driver qualification rules, guidelines for medical examiners, and standards for medical exemptions under 49 U.S.C. 31315(b).
The Committee has included a provision to establish a five-member Medical Review Board to make recommendations on medical standards for commercial drivers, medical examiner education, and medical research. Due to the variety of motor carrier operations and the sheer number of commercial drivers, the Committee did not get overly prescriptive in describing how FMCSA should conduct this proposal. With over 6.5 million commercial drivers requiring biennial medical certifications, permitting FMCSA to set the standard for who should be allowed to conduct physical examinations, with the help of the Medical Review Board, is the most feasible way to ensure no disruption in the medical certification system currently in place. Having this provision will ensure medical examiners know the driver qualification standards and guidelines, while understanding the mental and physical demands involved in driving a commercial motor vehicle.
Sec. 4108. Increased penalties for out-of-service violations and false records
Subsection (a) doubles the penalties for recordkeeping violations under 49 U.S.C. 521(b)(2)(B) up to $1,000 for each day the offense continues, or up to $10,000 for an offense that misrepresents a non-recordkeeping violation. Recordkeeping violations frequently have no other purpose than to conceal a safety violation, and they often succeed. Higher penalties reduce both the number of recordkeeping violations and the number of safety violations as well.
The current penalties under 49 U.S.C. 31310(i)(2) for a driver who violates an out-of-service (OOS) order are, for a first offense, a 90-day disqualification from operating a CMV and a civil penalty of at least $1,000, and for a second offense, disqualification for one to five years and a civil penalty of at least $1,000. An employer who knowingly allows or requires a driver to violate an OOS order is subject to a civil penalty of up to $10,000. OOS orders can be issued for a variety of reasons: for failure to pay civil penalties on schedule, for having an unsatisfactory safety rating, for violating the agency's hours-of-service or equipment regulations, or because the motor carrier constitutes an imminent hazard. Enforcement officers cannot afford to spend hours monitoring a single OOS vehicle, and tracking possible movements of an entire OOS fleet is even more difficult. As a result, many OOS orders are violated. One effective deterrent to violating an OOS order is to raise the cost to violators. Subsection (b) increases to a maximum of $25,000 the civil penalty for a motor carrier that knowingly orders a driver to proceed despite an OOS order. Subsection (b) also increases a driver's penalty for a first offense to a 180-day disqualification and a civil penalty of at least $2,500, and, for a second offense, to a two-to five-year disqualification and a civil penalty of up to $5,000.
Sec. 4109. Commercial vehicle information systems and networks deployment
This section transfers the commercial vehicle information system and networks deployment program from FHWA to FMCSA in order to streamline the grant process. Historically, FMCSA has been responsible for implementing and deploying this program with the money passing through FHWA. This streamlined process is intended to ensure the completion of the core deployment of commercial vehicle information systems and networks. It also will help with the expanded deployment of the program.
Subsection (a) provides general direction to carry out the commercial vehicle information systems and networks deployment program .
Subsection (b) describes the overall purpose of the commercial vehicle information systems and networks deployment program.
Subsection (c) requires the Secretary to make grants of up to $2.5 million for the core deployment of commercial vehicle information systems and networks. A State that has previously received funding for the core deployment of commercial vehicle information systems and networks would receive a grant that has been reduced by the amount of funds previously received for core deployment. States that have not previously received funding for core deployment would receive a grant of $2.5 million. To be eligible for a core deployment grant, a State must have a program plan and must certify that its activities are consistent with National Intelligent Transportation Systems and Commercial Vehicle Information Systems and Networks architectures and available standards, and must agree to execute a successful interoperability test. The use of the grant would be limited to core deployment activities.
Subsection (d) authorizes the Secretary to make grants to States for the expanded deployment of commercial vehicle information systems and networks. The amount of the grants is determined by the amount of funds that remain after the core deployment grants have been made and by the number of States that request an expanded deployment grant. The maximum expanded deployment grant that may be given to a State in a fiscal year would be $1 million. Only States that have completed core deployment would be eligible for an expanded deployment grant.
Subsection (e) describes the eligibility requirements to receive these grants.
Subsection (f) provides that the Federal share of grant funds under this section is 50 percent. The Federal share for funds used for commercial vehicle information systems and networks from all eligible sources would be 80 percent.
Subsection (g) provides definitions for terms used in this section.
Subsection (h) repeals Section 5209 of TEA-21 that established the commercial vehicle information systems and networks program.
Sec. 4110. Safety fitness
As defined in 49 U.S.C. 31132(1), a vehicle is not a commercial motor vehicle unless it operates in interstate commerce. One of the implications of the definition is that the Secretary's authority to determine the safety fitness of CMV owners and operators encompasses the accident and safety inspection record of such companies or individuals on interstate trips, but not on intrastate trips. Most interstate motor carriers also have substantial intrastate operations.
For purposes of safety, it is artificial and counterproductive to create two classes of accidents and safety inspection data--one subject to Federal jurisdiction, the other not--when both involve the same vehicles, drivers, dispatchers, mechanics, and safety management controls, and may cause the same kind of death, injury, or physical damage. In examining a motor carrier's accident and inspection data, it is often difficult, and sometimes impossible, to determine whether the vehicle involved was making an interstate or intrastate trip.
In order to simplify and rationalize the analysis of accident data and provide a complete picture of the safety of motor carrier operations, subsection (a) requires the Secretary, in the course of determining the safety fitness of commercial motor vehicle (i.e., interstate) owners and operators, to consider the accident and inspection record of such owners and operators both on interstate and intrastate trips.
In addition, owners and operators of commercial motor vehicles who are determined to be unfit and prohibited from operating in interstate commerce, are also prohibited by subsection (b) from operating commercial motor vehicles in intrastate commerce until they are able to demonstrate their fitness.
Subsection (c) directs the Secretary to place all interstate operations of a motor carrier out of service if a State, using the Federal safety fitness standards prescribed under 49 U.S.C. 31144(b), has placed out of service the intrastate operations of a carrier that has its principal place of business in that State.
A Federal safety determination that an interstate motor carrier is unfit would thus halt both its interstate and intrastate operations, while a State safety determination that an intrastate carrier is unfit will halt both its intrastate and any interstate operations.
This subsection also provides the Secretary the authority to make grants to the States to conduct new entrant safety audits. This funding requires no State match; however, if the Secretary determines that a State is unable to use government employees to conduct these activities, the Secretary may utilize the funding to conduct new entrant audits with Federal resources.
Sec. 4111. Pattern of safety violations by motor carrier management
Some motor carrier managers and brokers order, encourage, or tolerate widespread regulatory violations and, when caught, declare bankruptcy, rename the company and reshuffle the managers' titles, sell its assets to a pre-existing shell corporation owned and managed by the same people, or otherwise attempt to evade the payment of civil penalties, obscure the identity of the company and thus its violation record, and perpetuate a casual indifference to regulatory compliance and public safety. Although the total number of such managers and brokers are small, their actions create risks disproportionate to their numbers.
This section addresses these problems. It amends 49 U.S.C. 31135 to authorize the Secretary to suspend, amend, or revoke the registration of a for-hire motor carrier if any of its officers has engaged in a pattern or practice of avoiding compliance, or concealing non-compliance, with Federal standards. The Secretary could also deny an application to register as a for-hire motor carrier if any of the proposed officers of the company has engaged in a pattern of non-compliance. In this context, `officer' means owner, chief executive officer, chief operating officer, chief financial officer, safety director, vehicle maintenance supervisor, driver supervisor, and any person exercising controlling influence over operations of a motor carrier.
This provision does not apply to all officers whose companies are found to be in violation of the Federal safety rules. Rather, it is intended to authorize the Secretary to force out of the industry those few who have shown unusual and repeated disregard for compliance.
Sec. 4112. Motor carrier research and technology program
This section authorizes a comprehensive FMCSA research and technology program under section 31108 of title 49, U.S.C. The goal is to support--through contracts, cooperative agreements, and grants--research designed to produce innovative advances in motor carrier, driver, and passenger safety. Equally critical, however, is the transfer of promising results--whether technical or operational--to potential users and rapid deployment of the products of research and development.
The Federal share of the cost of activities carried out under a cooperative research and development agreement could not exceed 50 percent, except if there is substantial public interest or benefit, the Secretary could approve a greater Federal share.
Sec. 4113. International cooperation
This section authorizes the Secretary, and thus FMCSA, to engage in international activities. This kind of authority is necessary to aid in implementing the North American Free Trade Agreement and to carry on discussions with U.S. trading partners concerning a variety of safety issues.
Sec. 4114. Performance and registration information systems management
Subsection (a) updates the current statute to more closely follow how the performance and registration information systems management (PRISM) program is currently administered.
Subsection (b) establishes a new separate grant program for PRISM. These grants do not require a State match.
Sec. 4115. Data quality improvement
This section adds language to the current information systems requirements to ensure that the data FMCSA receives from the States is complete, timely, and accurate.
Sec. 4116. Driveaway saddlemount vehicles
This section creates a new national standard for the maximum length of drive-away saddlemount with fullmount vehicle transporter combinations operated on the Interstate Highway System.
Sec. 4117. Completion of uniform carrier registration
This section repeals the single state registration system and requires FMCSA to complete a rule-making for an on-line registration system to replace the old registration system originally administered by the Interstate Commerce Commission. This rule-making must be completed within one year.
Sec. 4118. Registration of motor carriers and freight forwarders
This section harmonizes the jurisdictional reach of the commercial and the safety statutes by eliminating the requirement for motor carriers to register if they are not subject to the Federal motor carrier safety regulations.
Sec. 4119. Deposit of certain civil Penalties into highway trust fund
This section amends current law to deposit all civil penalties collected from motor carriers for violations of the Federal insurance requirements into the Highway Trust Fund, other than the Mass Transit Account.
Sec. 4120. Outreach and education
This section authorizes the Secretary to conduct an outreach and education program through the FMCSA and NHTSA to promote highway safety. Elements of the program shall include a comprehensive national effort to educate commercial motor vehicle and passenger vehicle drivers about how to share the road safely with each other, as well as an emphasis on traffic enforcement aimed at reducing the most common driving behaviors that cause or contribute to crashes, similar to such programs as `Click It or Ticket' and drunk driving awareness campaigns. The Secretary is required to provide an annual report each year demonstrating the programs and activities carried out under this section.
The Committee has significantly increased the funding for the outreach and education program currently conducted by FMCSA, but with this legislation, the outreach program will be jointly managed by FMCSA and NHTSA. Although the Committee believes a strong enforcement program is important for improving commercial motor vehicle and highway safety, combining enforcement activities with a robust outreach and education program is necessary to maximize the results. Also, consistent with the recommendations in the U.S. General Accounting Office report GAO-03-680, the Committee recommends that the outreach and education activities conducted by FMCSA are directly linked to the program's goal and establish a systematic process for evaluating the effectiveness of the program.
Sec. 4121. Insulin-treated diabetes mellitus
This section requires the Secretary to allow individuals who use insulin to treat their diabetes to operate commercial motor vehicles in interstate commerce without requiring the individual to have experience operating a commercial motor vehicle while using insulin.
The Committee directs FMCSA to issue a final rule to amend the current exemption program to allow individuals who use insulin to treat their diabetes to operate commercial motor vehicles in interstate commerce that is consistent with the findings of the expert medical panel report issued in July 2000. That report concluded that individuals could be qualified to operate a commercial motor vehicle following a one- to two-month period of adjustment to insulin use. This provision is intended to preempt FMSCA's notice of final disposition issued September 3, 2003, which requires an individual to have three years of experience operating a commercial motor vehicle in intrastate commerce while using insulin for treatment of diabetes before the individual could qualify to drive in interstate commerce. According to the American Diabetes Association, approximately 20 States do not have an intrastate exemption program for insulin-dependent commercial drivers, therefore, these drivers would never be able to meet the Federal requirement to drive in interstate commerce. The Committee is concerned that by issuing a notice of final disposition that is inconsistent with the finding of FMCSA's own expert medical panel, qualified drivers may not be able to get employed or stay employed.
Sec. 4122. Grant program for commercial motor vehicle operators
This section establishes a grant program to train drivers and future drivers of commercial motor vehicles to operate such vehicles in a safe manner.
Sec. 4123. Commercial motor vehicle safety advisory committee
This section requires the establishment of a commercial motor vehicle safety advisory committee to provide advice and recommendations on a range of commercial motor vehicle safety issues. Members are appointed by the Secretary and include representatives of industry, drivers, safety advocates, manufacturers, safety enforcement officials, representatives of law enforcement agencies from border States, and other individuals affected by rulemakings. No one interest may constitute a majority. The advisory committee should provide advice to the Secretary on commercial motor vehicle safety regulations and other matters relating to activities and functions of FMCSA.
Sec. 4124. Safety data improvement program
This section establishes a grant program to the States dedicated to improving the accuracy, timeliness, and completeness of the data provided to the Secretary. Prior to receiving a grant under this section, the State must complete an audit of its safety data system and develop a plan recognizing the needs and goals for improving its safety data system. The Secretary must provide a report every two years on the results of the program carried out under this section.
The Safety Data Improvement program is intended to address safety data problems identified in the DOT Inspector General's audit of FMSCA's database. FMSCA's limited resources require focusing on the motor carriers who are considered most `at risk'. In order to do this, the data FMCSA uses for selecting carriers must be accurate, and timely. The Committee is concerned that without additional funding, the States may have trouble improving their data reporting.
Sec. 4125. Commercial driver's license information system modernization
This section creates a grant program to be used to modernize the commercial driver's license information system (CDLIS). Since the creation of CDLIS, improvements to the database and operability of the system have not kept up with improvements in technology. This program helps to modernize the system and improve the State licensing and Federal enforcement personnel's ability to access necessary information.
This section also allows the Secretary to conduct a pilot project in 3 States to evaluate a program for sharing information about all drivers' licenses, both commercial and non-commercial, between States.
Sec. 4126. Maximum hours of service for operators of ground water well drilling rigs
For operators of commercial motor vehicles transporting ground water well drilling rigs, this section preserves the 24-hour restart provision enacted in the NHS Designation Act and provides that no additional off-duty time (greater than 10 hours) shall be required to operate the vehicle.
Sec. 4127. Safety performance history screening
In order to improve motor carrier safety, this provision requires the Secretary to provide companies conducting pre-employment screening services for motor carrier employers, electronic access to commercial motor vehicle accident reports involving a driver-applicant that are collected and maintained by FMCSA in its Motor Carrier Management Information System (MCMIS). The accidents reported to FMCSA must meet the accident definition found in 49 CFR 390.5.
This provision also requires the Secretary to provide electronic access to roadside safety inspection reports involving a driver-applicant that resulted in a serious driver-related safety violation. This electronic access may be accomplished only after the prospective employer obtains written consent of the driver applicant. This safety compliance and performance information is unique to MCMIS and, therefore, is not found on any other national database. Prohibiting the release of this driver safety information unless expressly authorized or required by law protects driver privacy. The Secretary may require a fee from companies conducting pre-employment screening services to cover necessary administrative costs to implement this screening service.
Sec. 4128. Intermodal chassis roadability rule-making
This section directs the Secretary to initiate a rule-making to ensure that equipment used to transport intermodal chassis are safe. The rulemaking must be completed no later than 1 year after enactment of this bill and must address a way to identify the equipment owner, a civil penalty structure, a petition process, and an inspection system.
Sec. 4129. Substance abuse professionals
This section requires the Secretary to update the current regulatory definition of a substance abuse professional to include State licensed or certified mental health
counselors, as well as individuals certified as addiction specialists by the American Academy of Health Care Providers in the Addictive Disorders.
Sec. 4130. Interstate van operations
This section directs the Secretary to extend the Federal motor carrier safety regulations found in 49 Code of Federal Regulations, Parts 387, 390 through 399 to all operations of commercial motor vehicles designed to transport between nine and fifteen passengers (including the driver), regardless of their operational distance. This section amends the final rule issued by the DOT on August 12, 2003.
The Committee intends the Secretary to address this situation through the rulemaking process. As part of the rulemaking, the Secretary shall amend the final rule addressing commercial motor vehicles transporting nine to fifteen passengers to specifically exempt vanpool operations as defined by section 132(f) of the Internal Revenue Code. The rulemaking also exempts stretch sedan limousines that are designed to seat nine to fifteen passengers. The rulemaking does not exempt SUV stretch limousines, or super stretch sedan limousines that are designed to seat sixteen or more passengers (including the driver).
Sec. 4131. Hours of service for operators of utility service vehicles
This section provides an exemption for drivers of utility service vehicles from federal, State, and local laws, rules, regulations, or standards that limit the number of hours operators of utility service vehicles may remain on duty.
Sec. 4132. Technical corrections
Subsection (a) adds the Administrator as a member of the Intermodal Transportation Advisory Board.
Subsection (b) changes the reference from `Regional Director' to `Field Administrator', that position's correct title since the creation of the FMCSA in the Motor Carrier Safety Improvement Act of 1999.
Sec. 4133. Intrastate and foreign operations of interstate motor carriers
This provision permits DOT to determine whether a motor carrier or operator is fit to operate a commercial motor vehicle by considering their safety record while operating in interstate, intrastate, and Canadian and Mexican commerce.
Sec. 4134. Operators of vehicles transporting agricultural commodities and farm supplies
This section continues to allow for operators of vehicles transporting agricultural commodities and farm supplies to not be subject to federal, State, and local laws, rules, regulations, or standards that limit the number of hours motor vehicle operators may remain on duty. This applies to operators transporting agricultural commodities during planting and harvest periods within a 100 air mile radius from the location of the distribution point for the farm supply.
Sec. 4135. Hours of service rules for operators providing transportation to movie production sites
This section permits operators of commercial motor vehicles transporting property or passengers to or from a movie or television production site to be regulated by the Hours of Service regulations in effect on April 27, 2003.
Sec. 5101. Authorization of appropriations
This section provides authorizations for the programs in the Research Title. The Surface Transportation Research Program and the Technology Deployment program, which were separate programs in the Transportation Equity Act for the 21st Century (TEA 21), are now merged into one program--the Surface Transportation Research, Development, and Deployment Program.
Sec. 5102. Obligation ceiling
This section establishes the obligation ceiling for fiscal years 2004 through 2009.
Sec. 5103. Findings
This section includes congressional findings related to the importance of transportation research and development.
Sec. 5201. Research, technology and education
This section establishes basic principles for transportation research, including the federal responsibility and role, stakeholder input, competition, and performance review. This section provides the Secretary with authority to enter into cooperative agreements and establishes a mechanism to facilitate `pooled funding' of projects when several states wish to fund a research project of common interest to those states.
One of the principles governing research and technology investments directs that the Federal highway research program would become more oriented toward exploratory advanced research. The 20-year Long-Term Pavement Performance Program, initiated in the late 1980's will be continued to its conclusion in 2009. The role and function of the Turner-Fairbank Highway Research Center is codified in law.
Sec. 5202. Long-term Bridge Performance Program; Innovative Bridge Research and Deployment Program
This section establishes a 20-year Long-Term Bridge Performance Program, modeled on the Long-Term Pavement Performance Program. An Innovative Bridge Research and Deployment program to demonstrate innovative designs and construction methods for the construction, repair and rehabilitation of bridges is established.
Sec. 5203. Surface Transportation Environment and Planning Cooperative Research Program
This section establishes a new research program to study the interaction between transportation and the environment. The program will be managed and administered by the National Academy of Sciences. An Advisory Committee, appointed by the Secretary, and with a balanced membership representing transportation and environmental perspectives, will recommend the national research agenda for this program.
Sec. 5204. Technology deployment
This section establishes an Innovative Pavement Research and Deployment program to demonstrate innovative pavement technologies, practices, and performance. The goals of this program include new, cost-effective designs to extend pavement life and performance, and the reduction of both initial cost and life-cycle cost of pavements. A Safety Innovation Deployment Program is established to foster the deployment and evaluation of safety technologies and innovations at State and local levels.
Sec. 5205. Training and education
The National Highway Institute--the training office of the Federal Highway Administration--is continued and the general topics for courses that it develops and administers are specified. The Local Technical Assistance program is reauthorized. The federal share for State LTAP grant recipients is up to 50 percent and the share for tribal technical assistance centers is 100 percent. Federal law is revised to allow states to spend NHS, IM, STP, CMAQ, and Bridge funds for transportation workforce development, training, and education. The federal share is 100 percent for the workforce development activities. This section also authorizes the Garrett A. Morgan Technology and Transportation Education program.
Sec. 5206. Freight Planning Capacity Building
This section establishes a Freight Planning Capacity Building Program to improve the capabilities of Metropolitan Planning Organizations (MPOs) and other planning agencies in transportation planning for freight.
Sec. 5207. Advanced Travel Forecasting Procedures Program
TRANSIMS is a state-of-the-art travel forecasting model that will have special utility for large MPOs in areas with air quality problems. Funding grants to states and MPOs will support deployment of this forecasting model.
Sec. 5208. National Cooperative Freight Transportation Research Program
The National Academy of Sciences will manage and administer a freight transportation research program. The program's purpose is to discover improved ways to provide surface transportation mobility for freight movement. An Advisory Committee will be appointed by the Academy and will include a representative cross-section of freight stakeholders. The Advisory Committee is directed to recommend a national research agenda for this program.
Sec. 5209. Future Strategic Highway Research Program
This section establishes the Future Strategic Highway Research Program (F-SHRP), which is to be carried out by the National Academy of Sciences. F-SHRP is modeled on the Strategic Highway Research Program that was established by Congress in 1987. TEA 21 directed a study be conducted to determine the research agenda for a new strategic highway research program. F-SHRP will carry out the recommendations made by the study and will focus on four specific research areas--renewal of aging highway infrastructure, human factors related to highway safety, reducing highway congestion, and planning and designing new highway capacity. Projects and researchers will be selected to conduct research for the program on the basis of merit and open solicitation of proposals.
Sec. 5210. Transportation Safety Information Management System Project
Funding is provided over two years to develop a software system that will link driver licensing, vehicle registration, roadway inventory, and motor carrier databases. The purpose of this system is to more easily identify the cause of accidents, injuries, and fatalities, so that appropriate countermeasures can be developed.
Sec. 5211. Surface Transportation Congestion Relief Solutions Research Initiative
Two independent research programs are established to assist State DOTs and MPOs in measuring and addressing surface transportation congestion problems. These research programs will focus on the effectiveness of Congestion Management Systems and identify the best methods for acquiring and reporting congestion information. Funding is included for technical assistance and training.
Sec. 5212. Motor Carrier Efficiency Study
This section provides funding to study the use of wireless technology to improve the safety and productivity of motor carrier freight transportation. The study will assess use of wireless technologies in fuel monitoring and management, Radio Frequency Identification technology, electronic manifest systems, and cargo theft prevention.
Sec. 5213. Transportation research and development strategic planning
This section directs the Secretary to develop a five-year strategic plan for transportation research and development. The plan will describe the primary purposes of the transportation research and development program and describe the topic areas the Department intends to pursue to accomplish each purpose.
Sec. 5214. Limitation on Remedies for Future Strategic Highway Research Program
This section makes claims against the National Academy of Sciences, for activities conducted under 510 U.S.C. 23, subject to the same limitations and exceptions applicable to claims against the United States.
Sec. 5215. Center for Transportation Advancement and Regional Development
This section establishes a Center for Transportation Advancement and Regional Development to assist, through training and research, the development of rural and small metropolitan transportation systems.
Sec. 6001. Transportation planning
This section creates a new chapter 52 in title 49 to address transportation planning and environmental review for transportation projects. Existing planning provisions for the highway (sections 134 and 135 in title 23) and transit programs (sections 5303-5305 in title 49) are combined to form a unified planning title. Minor adjustments are made to eliminate inconsistencies and to reflect updated terminologies and practices.
The section also extends the update cycle of metropolitan long-range transportation plans from 3 years under current regulation to 4 years. It extends the update cycle of metropolitan transportation improvement programs (TIPs) from 2 years under current law to 4 years. It requires MPOs to include in their TIPs projects that are designed to meet the set-aside requirements (for a portion of a state's annual apportionments for NHS, CMAQ, STP, Interstate Maintenance, and Bridge programs) for congestion relief activities as mandated under section 139 of title 23.
The section similarly extends the update cycle of state transportation improvement programs from 2 years to 4 years. It requires the state transportation improvement program to reflect the priorities for congestion relief activities that are included in the metropolitan TIPs.
Sec. 5201. Definitions
All transportation planning definitions used throughout chapter 52, title 49 U.S.C. are included in this section.
Sec. 5211. Policy
This section is consistent with section 134 of title 23, United States Code and metropolitan planning provisions in sections 5303 and 5304 of title 49, United States Code.
Sec. 5212. Definitions
Definitions from section 101(a) of title 23 and section 5302 are applicable to this subchapter. In subsection (b) six definitions used in this subchapter are listed. These include metropolitan planning area, metropolitan planning organization, non-metropolitan area, non-metropolitan local official, TIP, and urbanized area.
Sec. 5213. Metropolitan transportation planning
Subsection (a) describes the general requirements for metropolitan transportation planning. More specifically, it directs MPOs, in cooperation with States and public transportation operators, to develop long-range transportation plans and transportation improvement programs. These plans and Transportation Improvement Programs (TIPs) will encompass all modes of transportation and will be intermodal in nature.
Subsection (b) specifies the method by which MPOs are designated. Every urbanized area with a population of more than 50,000 people will have an MPO either by agreement between the Governor and local officials representing at least 75 percent of the affected population or in accordance with State and local law. Each MPO will consist of local officials, officials of major local metropolitan transportation agencies and appropriate State officials. Once an MPO is designated, it will remain so designated until it is redesignated under the procedures outlined in section 5213(b)(5) or (6).
Subsection (c) describes the methods for determining the boundaries of metropolitan planning areas that do not cross State lines. This subsection is consistent with section 134(c) of title 23, United States Code.
Subsection (d) outlines methods for coordinating the planning process between responsible parties in metropolitan areas spanning two or more states.
Subsection (e) involves coordination and consultation between MPOs in the event of jurisdictional conflicts. This must occur in cases in which more than one MPO has jurisdiction over an area or an area is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act. Coordination between MPOs will also occur if a transportation improvement funded by the Highway Trust Fund (HTF) runs through more than one MPO.
Section 5213(e)(3) provides that when planning transportation projects, the Secretary will encourage each MPO to consult with officials involved in planning activities that are affected by transportation in the area. These affected activities include such things as State and local planned growth, economic development, environmental protection, airport operations, and freight movements. The subsection also requires that transportation plans consider other transportation services within the metropolitan area that are provided by other governmental agencies and nonprofit organizations, so that metropolitan transportation services can be more coordinated.
Section (f) outlines the goals and objectives MPOs should strive to attain when planning area transportation projects. Projects should support economic vitality, increase the safety and security of the transportation system, increase accessibility and mobility for both people and freight, protect and enhance the environment, promote integration between the various modes of transportation, as well as maintaining efficiency of the current transportation system. This subsection also states that failure to consider any and all of the objectives described in section 5213(f)(1) may not be reviewed by any court.
Subsection (g) details the contents of transportation plans and the process MPOs must follow when developing such plans.
Subsection (h) details the contents of metropolitan transportation improvement programs (TIPs) and the process MPOs must follow when developing TIPs. Included in each TIP should be a funding estimate, a priority project list, a description of each project, and a financial plan. TIPs will be published for public comment. Unlike current law section 134(h)(1)(D) of title 23, U.S.C., this subsection specifically details that TIPs must be updated at least every 4 years, as opposed to every 2 years under current law. This section requires the project description in the TIP to include sufficient descriptive material, such as the `type of work, termini, length, and other similar factors', to identify the project or phase of the project. In addition, the TIP shall include a listing of congestion relief activities in 5213(h)(2)(D).
Subsection (i) involves transportation management areas, which are defined as urbanized areas with a population over 200,000. The transportation plans in these areas are based on a continuing and comprehensive planning process carried out by the MPO. Congestion management is achieved through the use of travel demand reduction and operational management strategies. Congestion relief activities under section 139 of title 23 are also to be used. The Secretary must certify that the planning process for each transportation management area is being carried out in accordance with Federal law no less often than every 4 years. This is a change from current law, which mandates certification every 3 years. The Secretary has the authority to withhold up to 20 percent of the funds attributable to the MPO if the metropolitan planning process of an MPO serving a transportation management area is not certified.
Subsection (j) gives the Secretary the authority to permit an abbreviated transportation plan and a TIP for a metropolitan planning area if deemed appropriate, except if the metropolitan planning area is in nonattainment for ozone or carbon monoxide under the Clean Air Act.
Subsection 134(k) of 23 U.S.C. under current law, concerning funds for highways and transit being transferred to the Secretary in accordance with title 23, has been deleted because the transferability provisions contained in section 104(k) of title 23 already apply to all transfers of highway funds to transit, and to the transfer of transit funds to highways.
Subsection (k) is consistent with subsection 134(l) of current law and states that a metropolitan planning area classified as nonattainment for ozone and carbon monoxide under the Clean Air Act may not receive funds for any highway project that will result in a significant increase in single-occupant vehicles. The only exception would be if the project were addressed through a congestion management process.
Subsection (l) is consistent with subsection 134(m) of current law. This section states that MPOs do not have the authority to impose legal requirements on any transportation facility, provider, or project not eligible under title 23, United States Code or chapter 53 of title 49, United States Code.
Subsection (m) is consistent with section 134(n) of title 23, United States Code and specifies that funding for the metropolitan transportation planning shall be provided under section 104(f) of title 23 and under section 5338(c) of title 49, United States Code.
Subsection 134(n) is consistent with existing law subsection 5213(n) and section 134(o) of title 23. It restates current methods of review for projects included in plans and programs under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Sec. 5214. Statewide transportation planning
Subsection (a) requires states to develop statewide transportation plans, to cover a period of 4 years and to be updated every 4 years. The statewide transportation plan must provide for integrated transportation facilities, including accessible facilities, and be intermodal in nature.
Subsection (b) is consistent with subsection 135(b) of title 23, USC, but adds new language to recognize the importance of coordinating trade and economic development with transportation planning. This subsection also requires the State to develop the transportation portion of the State implementation plan as required by the Clean Air Act (42 U.S.C. 7401 et seq.).
Subsection (d) regarding the scope of the planning process (under existing section 135(c)) is amended to reflect the concept that not only projects, but also transportation
services, are developed through the planning process. In section 5214(d)(1)(A), the term `non-metropolitan areas' is inserted into this factor after `States,' to require States to consider economic vitality for rural areas.
Subsection (e) corresponds to 135(d) in title 23, and lays out additional requirements for states to consider in carrying out planning.
Subsection (f) is consistent with current law provisions regarding a state's development of 20-year, long-range transportation plans under section 135(e) of title 23, USC.
Subsection (g), regarding statewide transportation improvement programs, is consistent with subsection 135(f) of title 23, United States Code. This subsection has been reorganized and it deletes some current law provisions that have been superseded. Section 135(f)(1)(B)(ii)(II) required that States submit to the Secretary, within one year of TEA-21's passage, the details of their consultation process with non-metropolitan officials. This requirement has been accomplished, so the provision has been eliminated. Subsection 5214(g)(4)(H) is a new provision to ensure that the transportation improvement program reflect the priorities for congestion relief required under section 139 of title 23, USC, as added in this Act. Subsection 5214(g)(5) combines 135(f)(3)(A) and (B) of current law. This subsection, concerning project selection in areas with populations of less than 50,000 people, adds projects from state-managed public transportation programs authorized under sections 5310, 5311, 5316, and 5317 of title 49, United States Code to the list of projects to be selected from the TIP by the State in consultation with affected local metropolitan transportation officials. Subsection 5214(g)(6) states that the Secretary must approve a transportation improvement program at least every 4 years, as opposed to a biennial review mandated in current law.
In subsection (h), funding for statewide transportation planning is provided under subsection 104(i) of title 23 and under section 5338(c) of title 49, United States Code.
Subsections (i) and (j) are identical to existing law subsections 135(h) and 135(i), respectively.
Sec. 6002. Efficient environmental reviews for project decisionmaking
Subsection (a) recognizes Enlibra principles as a sound basis for interaction among Federal, state, and local governments and Indian tribes. It encourages the adoption of these principles in the development of highway construction and transit projects. This section is intended as a statement of policy. It is not intended to establish enforceable rights or to modify any existing legal standards applicable to the environmental review process for such projects.
Subsection (b) creates a new Subchapter C of Chapter 52 of Title 49 to address efficient environmental reviews for project decisionmaking.
Sec. 7001. Amendment of Title 49, United States Code
This section establishes that any reference to a section or other provision shall be considered a section or provision of title 49, United States Code, unless otherwise specified.
Sec. 7002. Findings and purpose
This section establishes the Congressional findings of the hazardous materials title, and updates and clarifies the purpose of chapter 51.
Sec. 7003. Definitions
This section modifies the definition of `commerce' to include transportation on a U.S.-registered aircraft anywhere in the world. This section also defines the term `Secretary' as the Secretary of Transportation, except where otherwise indicated.
Sec. 7004. General regulatory authority
This section updates the terminology used to describe the materials the Secretary should designate as hazardous, as well as the terminology describing the transportation, and transportation-related, activities regulated by the DOT. This section amends current law to ensure that persons who design and inspect packages (or components of packages) are subject to the hazardous materials regulations. This section also clarifies that the
hazardous materials regulations apply to persons who prepare or accept hazardous materials for transportation in commerce.
Sec. 7005. Chemical or biological materials
This section requires the Secretary of Transportation to develop uniform standards governing the collection of information and transmission of the information for completing background checks on individuals transporting hazardous materials, and notification to those individuals of the results of the background checks. It also requires that drivers from Canada and Mexico who are transporting hazardous materials in the U.S. undergo similar background checks as those conducted on U.S. drivers who transport hazardous materials. It is the Committee's intent that these responsibilities be carried out by the Secretary of Transportation or his designee within the Department of Transportation. The Committee does not intend this section to redesignate responsibilities for security risk determinations currently being undertaken by the Department of Homeland Security. The Committee intends that this section adds to the current responsibilities of the Department of Transportation under 49 USC 5103a.
Sec. 7006. Representation and tampering
This section updates the language in current law without changing the scope of the law.
Sec. 7007. Technical amendments
This section provides technical amendments to update the terminology in current law.
Sec. 7008. Training of certain employees
This section amends section 5107(f) of current law (redesignated in the bill as section 5107(g)) by deleting the reference to section 5108(a)-(g)(1) and (h), and section 5109, but retains the provision in current law that states that an action of the Secretary under subsections (a)-(d) of this section and section 5106 of this title is not an exercise of statutory authority, under section 4(b)(1) of the Occupational Safety and Health Act of 1970, to prescribe or enforce standards or regulations affecting occupational safety or health.
This section also codifies the existing practice of providing hazardous materials training to maintenance-of-way employees and railroad signalmen.
Sec. 7009. Registration
This section amends the current law to include those persons who design and inspect hazardous materials packages, or package components, as persons required to register with the Secretary. This change is consistent with the updated language in Section 7004 concerning persons who are subject to the hazardous materials regulations.
Section 5108(g) is amended to require the Secretary to establish and collect a registration fee sufficient to cover the costs of processing the registration and that the Secretary must collect a fee at least large enough to cover processing costs from all entities otherwise exempted from paying the registration fee. This section reduces the maximum fee the Secretary may assess from $5,000 to $3,000.
This section also requires the Administrator of RSPA to transmit the annual registration information required in section 5108 for motor carriers to FMCSA. The Committee intends to ensure that FMCSA has the most up-to-date information on motor carriers that transport hazardous materials and expects the transmittal of information to be done as expeditiously as possible.
Sec. 7010. Providing shipping papers
This section requires that each person who prepares a shipping paper must make the disclosures that the Secretary prescribes by regulation.
This section amends section 5110 to extend the time period shippers and carriers are required to retain shipping papers. Under current law, shippers and carriers are required to retain the shipping papers for one year after the hazardous material is no longer in transportation. This section requires shippers and carriers to retain shipping paper for two years after the shipping paper is prepared.
Sec. 7011. Rail tank cars
This section repeals section 5111, which permits a rail car built before January 1, 1971, to be used for hazardous materials transportation only if the air brake equipment support attachments of the car comply with the standard for attachments contained in 49 CFR 179.100-16 and 179.200-19.
Sec. 7012. Unsatisfactory safety ratings
This section amends section 5113 to provide that a motor carrier owner or operator transporting hazardous materials in commerce who, upon review of an unfavorable fitness determination, is determined by the Secretary to be `unfit' is subject to the civil penalties in section 5123 and the criminal penalties set forth in section 5124.
Sec. 7013. Training curriculum for the public sector
This section updates the training curriculum to include appropriate emergency response training and planning programs developed with all Federal assistance, not just those under Federal grant programs.
This section also makes the Secretary responsible for distribution and publication of the training curriculum.
Sec. 7014. Planning and training grants, monitoring, and review
This section amends section 5116(b)(4) to require the Secretary to consider the report established in section 7022 of this bill when determining a State or Indian tribes' emergency response funding needs.
This section also establishes the Secretary of Transportation as the lead for monitoring public sector emergency response planning and training. It also establishes a new account within the Treasury specifically for hazardous materials emergency preparedness.
This section also allows the Secretary to use funds collected from the annual registration fees to publish and distribute the Emergency Response Guidebook.
Sec. 7015. Special permits and exclusions
This section would clarify that the Secretary may issue a special permit to any person who performs a function regulated under section 5103(b)(1).
This section would increase the maximum renewal period of special permits from two years to four years, except that special permits issued related to highway routing of hazardous materials are only renewable for a two-year period.
Sec. 7016. Uniform forms and procedures
This section requires the Secretary to establish a working group to develop uniform forms and procedures for States to register and issue permits to persons who transport, or cause to be transported, hazardous materials in the State. The working group is required to develop a report of its recommendations for the Secretary to consider when issuing regulations to carry out a uniform State registration system. The working group is prohibited from proposing to limit any fee that a State may impose or collect.
Sec. 7017. International uniformity of standards and requirements
This section amends current law to reflect that the Secretary may have additional international requirements, in addition to current international standards, that need to be met.
Sec. 7018. Administrative
This section amends section 5121 to provide for enhanced authority to discover hidden shipments of hazardous materials and to clarify and enhance the inspection and enforcement authority of DOT officials and inspection personnel, thereby enabling them to more effectively identify hazardous materials shipments and to determine whether those shipments are made in accordance with the hazardous materials regulations. This proposal would expand DOT inspection authority to authorize a designated DOT officer or employee to: access, open, and examine a package (except for the packaging immediately adjacent to the hazardous materials contents) offered for or in transportation when the officer or employee has an objectively reasonable and articulable belief that the package may contain a hazardous material; remove from transportation a package or related packages in a shipment when the officer or employee has an objectively reasonable and articulable belief that the package or packages may pose an imminent hazard and contemporaneously documents that belief; gather information from the shipper, packaging manufacturer or retester, or others responsible for the package to determine the nature and hazards of the contents of the package; as necessary, order the shipper, packaging manufacturer or retester, or others responsible for the package to have the package transported to, opened, and the contents analyzed at an appropriate facility; and authorize properly qualified personnel to assist in the package opening and examination when safety might otherwise be compromised.
This section also amends current law to require the Secretary to develop procedures to assist in the safe resumption of transportation of the package and transport unit when an inspection or investigation does not result in discovery of an imminent hazard. This section directs the Secretary to develop expedited procedures for hazardous materials that are perishable.
The Committee believes strongly that DOT officials, law enforcement and inspection personnel must have the tools necessary to accurately determine whether hazardous materials are being transported safely and in accordance with the relevant law and regulations. To that end, the Committee supports the use of new technologies, such as the Hazmat Trucking Enforcer, that enable inspectors to conduct hazardous materials inspections in a more effective manner and to respond swiftly to any incident involving hazardous materials. The Committee notes that States must be in substantial compliance with a number of requirements under 49 U.S.C. 31102 as a condition of receiving MCSAP funding, including requirements to deploy technology to enhance the efficiency and effectiveness of commercial motor vehicle safety programs under 49 U.S.C 31102(b)(1)(A), as amended.
This section would also repeal a requirement that the Secretary maintain 30 hazardous materials safety inspectors more than the number authorized at the end of fiscal year 1990. PHMSA currently maintains inspectors in excess of this requirement.
Sec. 7019. Enforcement
This section amends section 5122 to clarify the types of judicial relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties, available to be granted in an action brought by the Attorney General. Subsection (b) is amended for clarity by changing the word `ameliorate' to `mitigate.'
Sec. 7020. Civil penalty
This section amends section 5123 to increase the maximum civil penalty from $27,500 to $50,000 for each violation of a law or regulation under Chapter 51. In those cases resulting in death, serious illness, severe injury to any person, or substantial destruction of property, the Secretary would be able to increase the maximum penalty to $100,000.
Sec. 7021. Criminal penalty
Section 5124 would be revised to include a new `reckless' standard and to define the `knowing,' `reckless,' and `willful' mental-state standards necessary to establish a criminal violation. Section 5124(a) would be amended to provide that a person who knowingly, willfully, or recklessly violates chapter 51 or a regulation, order, special permit, or approval issued under that chapter, is subject to a fine imposed under title 18 and/or imprisonment of not more than 5 years. In cases where a violation involves the release of a hazardous material that results in death or bodily injury to any person, the maximum term of imprisonment is 10 years.
Section 5124(c) defines a `willful' violation as when the person has knowledge of the facts giving rise to the violation and the person has knowledge that the conduct was unlawful.
Section 5124(d) defines a `reckless' violation as when a person displays a deliberate indifference or conscious disregard for the consequences of his or her conduct.
Sec. 7022. Preemption
This section adds language to ensure that when the preemption test required by this section is conducted, each requirement is independent in their application to the State or Indian tribe.
Sec. 7023. Relationship to other laws
This section updates the language in the current law without changing the scope.
Sec. 7024. Judicial review
This section adds a new section 5127 providing for judicial review of final actions taken by the Secretary under chapter 51. This provision establishes the appropriate judicial forum for review of final agency actions in the areas of compliance, enforcement, civil penalties, rulemaking, and preemption.
Under this proposal, the U.S. Court of Appeals for the District of Columbia or the U.S. Court of Appeals for the U.S. circuit in which a person seeking review resides or has his or her principal place of business would review the final action. The petition for review must be filed within 60 days after issuance of the order. The section describes judicial procedures, the authority of the court, and a requirement for prior objection.
Sec. 7025. Authorization of appropriations
This section provides funding for the DOT to implement the programs and grants established and required in chapter 51 for fiscal years 2005 through 2007.
Sec. 7026. Determining amount of undeclared shipments of hazardous materials entering the United States
This section requires the GAO to conduct a study to propose methods to determine the amount of undeclared shipments of hazardous materials entering the United States.
Sec. 7027. Conforming amendments
This section provides conforming amendments necessary for the changes made in Title VII.
Sec. 8001. Policy
This section retains the principles of guaranteed funding levels and budgetary firewalls for the federal-aid highways program, Federal Motor Carrier Safety Administration, the trust fund portion of the National Highway Traffic Safety Administration, and the general fund and trust fund portion of the Federal Transit Administration.
The Committee ordered the bill reported with the expectation that additional language would be proposed jointly by the Committee on Transportation and Infrastructure and the Committee on the Budget to address these issues.
U.S. House of Representatives,
Committee on Energy and Commerce,
Washington, DC, March 3, 2005.
The Hon. DON YOUNG,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
DEAR CHAIRMAN YOUNG: I am writing with regard to H.R. 3, the Transportation Equity Act: A Legacy for Users, which was ordered reported by the Committee on Transportation and Infrastructure on March 2, 2005. As you know, the Energy and Commerce Committee has jurisdiction over matters involving air quality planning and the air quality impact of transportation projects, the Congestion Mitigation Air Quality Program, provisions involving energy production, supply and storage and other matters contained within H.R. 3 as reported.
I recognize your desire to bring this legislation before the House in an expeditious manner. Accordingly, I will not exercise my Committee's right to referral. By agreeing to waive its consideration of the bill, however, the Energy and Commerce Committee does not waive its jurisdiction over H.R. 3. In addition, the Energy and Commerce Committee reserves its right to seek conferees on any provisions of the bill that are within its jurisdiction during any House-Senate conference that may be convened on this legislation. I ask for your commitment to support any request by the Energy and Commerce Committee for conferees on H.R. 3 or similar legislation.
I request that you include this letter as part of the Committee's Report on H.R. 3 and in the Record during consideration of the legislation on the House floor. Thank you for your attention to these matters.
Sincerely,
Joe Barton,
Chairman.
-
U.S. House of Representatives,
Committee on Transportation and Infrastructure,
Washington, DC, March 3, 2005.
The Hon. JOE BARTON,
Chairman, Committee on Energy and Commerce,
U.S. House of Representatives, Washington, DC.
DEAR MR. CHAIRMAN: Thank you for your letter of March 3, 2005 regarding H.R. 3, the Transportation Equity Act: A Legacy for Users. Your assistance in expediting consideration of the bill is very much appreciated.
I agree that there are certain provisions in the bill that are of jurisidictional interest to the Committee on Energy and Commerce and I agree that by foregoing a sequential referral, the Committee on Commerce is not waving its jurisdicition. Be assured that I will support your request to be represented in the conference on those provisions in the jurisdiction of the Energy and Commerce Committee.
As you have requested, I will include this exchange of letters in the Committee report on the bill and in the RECORD when the bill is on the Floor. Thank you for your cooperation and your continued leadership and support in surface transportation matters.
Sincerely,
DON YOUNG,
Chairman.
## All Rights Reserved. © 2005 TheWeekInCongress.com.
No reproduction or distribution without written permission from TheWeekInCongress.com.