[House Report 109-14]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-14

======================================================================
 
  PROVIDING FOR CONSIDERATION OF H.R. 3, TRANSPORTATION EQUITY ACT: A 
                            LEGACY FOR USERS

                                _______
                                

   March 8, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mrs. Capito, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 140]

    The Committee on Rules, having had under consideration 
House Resolution 140, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3, the 
Transportation Equity Act: A Legacy for Users, under a 
structured rule. The rule provides for two hours and 20 minutes 
of general debate, with two hours and 10 minutes equally 
divided and controlled by the chairman and ranking minority 
member of the Committee on Transportation and Infrastructure, 
including a final period of 10 minutes following consideration 
of the bill for amendment, and 10 minutes equally divided and 
controlled by the chairman and ranking minority member of the 
Committee on Ways and Means.
    The rule waives all points of order against consideration 
of the bill. The rule provides that the amendment in the nature 
of a substitute recommended by the Committee on Transportation 
and Infrastructure now printed in the bill, modified by the 
amendment printed in part A of this report, shall be considered 
as adopted in the House and in the Committee of the Whole. The 
rule provides that the bill, as amended, shall be considered as 
the original bill for the purpose of further amendment and 
shall be considered as read. The rule waives all points of 
order against provisions in the bill, as amended.
    The rule makes in order only those amendments printed in 
part B of this report or except pursuant to a subsequent order 
of the House. Each amendment in part B may be offered only in 
the order printed in this report, may be offered only by a 
Member designated in this report, shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, and shall not be subject to amendment or demand for 
division of the question in the House or in the Committee of 
the Whole. Waives all points of order against the amendments 
printed in part B.
    After disposition of the amendments printed in part B, the 
Committee shall rise without motion. No further consideration 
of the bill shall be in order except pursuant to a subsequent 
order of the House.

        PART A--SUMMARY OF AMENDMENT TO BE CONSIDERED AS ADOPTED

    Provides guidance in interpreting existing rules of the 
House to ensure that current flexibilities and authorities of 
Congress to set appropriate annual spending levels for basic 
salaries and administrative expenses of the Federal Transit 
Administration are maintained. Sets discretionary spending 
limits on outlays for the highway and mass transit budget 
categories and for new budget authority for the mass transit 
category, for fiscal years 2004-2009. Defines budget accounts 
and establishes budgetary firewalls for highway account funded 
programs and the mass transit category programs. Provides the 
mechanism to adjust highway spending in fiscal years 2007-2009 
to align with the amount of highway receipts flowing into the 
highway account of the Highway Trust Fund. Sets the annual 
obligation limitations for the highway category and mass 
transit category for fiscal years 2004-2009. Amends, upon 
enactment, clause 3 of rule XXI of the Rules of the House, by 
striking Transportation Equity Act for the 21st Century, and 
inserting Transportation Equity Act: A Legacy for Users. The 
amendment to clause 3 also allows limitations on specific 
projects without being subject to clause 3 of rule XXI. 
Provides guidance in interpreting clause 2 and 3 of rule XXI of 
the Rules of the House to ensure that current flexibilities and 
authorities of Congress to set appropriate annual spending 
levels for basic salaries and administrative expenses of the 
Federal Transit Administration are maintained.

              PART B--SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Boozman: Allows operators of a property carrying motor 
vehicle to take up to 2 hours of off-duty time, as defined by 
FMSCA, during their 14 hours on-duty, so as not to exceed 16 
hours. (10 minutes)
    2. Conaway: Exempts commercial motor vehicle operators 
working in field operations for the natural gas and oil 
industry from the hours of service rules issued by the Federal 
Motor Carrier Safety Administration. (10 minutes)
    3. Kuhl: Amends the exemption for maximum driving and on 
duty time for drivers of motor carriers transporting 
agricultural commodities or farm supplies at the time of 
planting or harvest for a 100 air mile radius to the 
distribution point of the source of the commodities, by 
increasing the air mile radius to 150. (10 minutes)
    4. Moran (KS): Amends the exemption for maximum driving and 
on duty time for drivers of motor carriers transporting 
agricultural commodities or farm supplies at the time of 
planting or harvest for a 100 air mile radius to the 
distribution point of the source of the commodities by 
including in the definition of ``agricultural commodities'', 
livestock, food, feed, and fiber, and other farm products. Also 
extends to the agricultural hours of service exemption the same 
protection that currently applies to well drilling rigs. (10 
minutes)
    5. Kuhl: Names a portion of Interstate 86 in upstate New 
York, in the vicinity of the City of Coming, the ``Amo Houghton 
Bypass'', after Former Congressman Amo Houghton who retired 
from Congress in 2004 after serving 18 years. (10 minutes)
    6. Osborne: Exempts the State of Nebraska from the ISTEA 
1991 truck length freeze, subject to a change in state statute, 
to allow the operation of commercial vehicle combinations not 
exceeding 81 feet, 6 inches for custom harvesters operating in 
the State of Nebraska. These commercial vehicle combinations 
can only be used for the purposes of harvesting wheat, 
soybeans, and milo on a contract basis during the harvest 
months for such crops, as determined by the State. (10 minutes)
    7. Cox/Moran (VA): Clarifies that states are not pre-empted 
under federal law from requiring one or both of the following 
from tow-truck operators when they are removing a vehicle from 
private property without the consent of the vehicle owner or 
operator: First, a state can require that the tow-truck 
operator have written permission from the owner (or his lessee, 
or the employee or agent thereof) of the private property 
authorizing the non-consensual tow; and second, a state can 
require that the owner (or his lessee, or the employee or agent 
thereof) of the private property be present at the time the 
vehicle is towed from the private property. (10 minutes)
    8. Kennedy (MN): Streamlines tolling authority to charge 
tolls on new lanes, and it dedicates those revenues to the user 
fee purpose. Restricts the authority to convert existing non-
toll Interstate highway lanes into tolled roads and then 
indefinitely toll those roads. (20 minutes)
    9. Davis, Tom (VA): Removes the requirement that toll rates 
on high occupancy toll lanes be differentiated for low income 
drivers. (10 minutes)
    10. Graves: Eliminates liability under state law for an 
owner of a motor vehicle or their affiliate who is engaged in 
the business of renting and leasing motor vehicles provided 
there is no negligence or criminal wrongdoing on the part of 
the motor vehicle owner or affiliate. The owner or affiliate 
must maintain the required state limits of financial 
responsibility for each vehicle in accordance to the state 
where the vehicle is registered. (20 minutes)

         PART A--TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED

  Strike title VIII of the bill and insert the following:

      TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE

SEC. 8101. DISCRETIONARY SPENDING LIMITS FOR THE HIGHWAY AND MASS 
                    TRANSIT CATEGORIES.

  (a) Limits.--(1) Redesignate paragraphs (2) through (9) of 
section 251(c) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 as paragraphs (7) through (14), 
respectively, and strike paragraph (1) of such section 251(c) 
and insert the following new paragraphs:
          ``(1) with respect to fiscal year 2004--
                  ``(A) for the highway category: 
                $28,052,000,000 in outlays;
                  ``(B) for the mass transit category: 
                $1,436,000,000 in new budget authority and 
                $6,271,000,000 in outlays;
          ``(2) with respect to fiscal year 2005--
                  ``(A) for the highway category: 
                $34,215,000,000 in outlays;
                  ``(B) for the mass transit category: 
                $1,531,670,000 in new budget authority and 
                $6,844,000,000 in outlays;
          ``(3) with respect to fiscal year 2006--
                  ``(A) for the highway category: 
                $36,814,000,000 in outlays;
                  ``(B) for the mass transit category: 
                $1,706,670,000 in new budget authority and 
                $5,978,000,000 in outlays;
          ``(4) with respect to fiscal year 2007--
                  ``(A) for the highway category: 
                $38,428,000,000 in outlays;
                  ``(B) for the mass transit category: 
                $1,823,220,000 in new budget authority and 
                $7,456,000,000 in outlays;
          ``(5) with respect to fiscal year 2008--
                  ``(A) for the highway category: 
                $39,815,000,000 in outlays;
                  ``(B) for the mass transit category: 
                $1,931,785,000 in new budget authority and 
                $8,263,000,000 in outlays;
          ``(6) with respect to fiscal year 2009--
                  ``(A) for the highway category: 
                $40,880,000,000 in outlays;
                  ``(B) for the mass transit category: 
                $2,062,755,000 in new budget authority and 
                $8,817,000,000 in outlays;
  ``(b) Definitions.--Section 250(c)(4) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 is amended--
          ``(1) in subparagraph (B), by striking ``the 
        Transportation Equity Act for the 21st Century and all 
        that follows through the colon and inserting: ``the 
        Transportation Equity Act: A Legacy for Users:''; and
          ``(2) in subparagraph (C), by--
                  ``(A) inserting `(and successor accounts)' 
                after `budget accounts'; and
                  ``(B) striking `the Transportation Equity Act 
                for the 21st Century' and all that follows 
                thereafter through the colon and inserting `the 
                Transportation Equity Act: A Legacy for Users 
                or for which appropriations are provided 
                pursuant to authorizations contained in that 
                Act:'; and''

SEC. 8102. ADJUSTMENTS TO ALIGN HIGHWAY SPENDING WITH REVENUES.

  Subparagraphs (B) through (E) of section 251(b)(1) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 are 
amended to read as follows:
                  ``(B) Adjustment to align highway spending 
                with revenues.--(i) When the President submits 
                the budget under section 1105 of title 31, 
                United States Code, OMB shall calculate and the 
                budget shall make adjustments to the highway 
                category for the budget year and each outyear 
                as provided in clause (ii)(I)(cc).
                  ``(ii)(I)(aa) OMB shall take the actual level 
                of highway receipts for the year before the 
                current year and subtract the sum of the 
                estimated level of highway receipts in 
                subclause (II) plus any amount previously 
                calculated under item (bb) for that year.
                  ``(bb) OMB shall take the current estimate of 
                highway receipts for the current year and 
                subtract the estimated level of receipts for 
                that year.
                  ``(cc) OMB shall add one-half of the sum of 
                the amount calculated under items (aa) and (bb) 
                to the obligation limitations set forth inthe 
section 8103 of the Transportation Equity Act: A Legacy for Users and, 
using current estimates, calculate the outlay change resulting from the 
change in obligations for the budget year and the first outyear and the 
outlays flowing therefrom through subsequent fiscal years. After making 
the calculations under the preceding sentence, OMB shall adjust the 
amount of obligations set forth in that section for the budget year and 
the first outyear by adding one-half of the sum of the amount 
calculated under items (aa) and (bb) to each such year.
                  ``(II) The estimated level of highway 
                receipts for the purposes of this clause are--
                          ``(aa) for fiscal year 2004, 
                        $29,172,000,000;
                          ``(bb) for fiscal year 2005, 
                        $33,898,000,000;
                          ``(cc) for fiscal year 2006, 
                        $35,393,000,000;
                          ``(dd) for fiscal year 2007, 
                        $36,615,000,000;
                          ``(ee) for fiscal year 2008, 
                        $37,770,000,000; and
                          ``(ff) for fiscal year 2009, 
                        $38,857,000,000.
                  ``(III) In this clause, the term `highway 
                receipts' means the governmental receipts 
                credited to the highway account of the Highway 
                Trust Fund.
          ``(C) In addition to the adjustment required by 
        subparagraph (B), when the President submits the budget 
        under section 1105 of title 31, United States Code, for 
        fiscal year 2007, 2008, or 2009, OMB shall calculate 
        and the budget shall include for the budget year and 
        each outyear an adjustment to the limits on outlays for 
        the highway category and the mass transit category 
        equal to--
                  ``(i) the outlays for the applicable category 
                calculated assuming obligation levels 
                consistent with the estimates prepared pursuant 
                to subparagraph (D), as adjusted, using current 
                technical assumptions; minus
                  ``(ii) the outlays for the applicable 
                category set forth in the subparagraph (D) 
                estimates, as adjusted.
          ``(D)(i) When OMB and CBO submit their final 
        sequester report for fiscal year 2006, that report 
        shall include an estimate of the outlays for each of 
        the categories that would result in fiscal years 2007 
        through 2010 from obligations at the levels specified 
        in section 8103 of the Transportation Equity Act: A 
        Legacy for Users using current assumptions.
          ``(ii) When the President submits the budget under 
        section 1105 of title 31, United States Code, for 
        fiscal year 2008, 2009, or 2010, OMB shall adjust the 
        estimates made in clause (i) by the adjustments by 
        subparagraphs (B) and (C).
          ``(E) OMB shall consult with the Committees on the 
        Budget and include a report on adjustments under 
        subparagraphs (B) and (C) in the preview report.''.

SEC. 8103. LEVEL OF OBLIGATION LIMITATIONS.

  (a) Highway Category.--For the purposes of section 251(b) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
the level of obligation limitations for the highway category 
is--
          (1) for fiscal year 2004, $34,309,000,000;
          (2) for fiscal year 2005, $35,160,000,000;
          (3) for fiscal year 2006, $37,417,000,000;
          (4) for fiscal year 2007, $38,787,000,000;
          (5) for fiscal year 2008, $40,077,000,000; and
          (6) for fiscal year 2009, $41,467,000,000.
  (b) Mass Transit Category.--For the purposes of section 
251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, the level of obligation limitations for the mass 
transit category is--
          (1) for fiscal year 2004, $7,265,900,000;
          (2) for fiscal year 2005, $7,646,300,000;
          (3) for fiscal year 2006, $8,482,000,000;
          (4) for fiscal year 2007, $9,042,000,000;
          (5) for fiscal year 2008, $9,639,000,000; and
          (6) for fiscal year 2009, $10,277,000,000.
For purposes of this subsection, the term ``obligation 
limitations'' means the sum of budget authority and obligation 
limitations.

SEC. 8104. ENFORCEMENT OF GUARANTEE.

  Clause 3 of rule XXI of the Rules of the House of 
Representatives is amended--
          (1) by striking ``Transportation Equity Act for the 
        21st Century'' and inserting ``Transportation Equity 
        Act: A Legacy for Users''; and
          (2) by adding at the end the following: ``For 
        purposes of this clause, any obligation limitation 
        relating to surface transportation projects under 
        section 1602 of the Transportation Equity Act for the 
        21st Century and section 1702 of the Transportation 
        Equity Act: A Legacy for Users shall be assumed to be 
        administered on the basis of sound program management 
        practices that are consistent with past practices of 
        the administering agency permitting States to decide 
        High Priority Project funding priorities within State 
        program allocations.''.

SEC. 8105. TRANSFER OF FEDERAL TRANSIT ADMINISTRATIVE EXPENSES.

  For purposes of clauses 2 and 3 of rule XXI of the House of 
Representatives, it shall be in order to transfer funds, in 
amounts specified in annual appropriation Acts to carry out the 
Transportation Equity Act: A Legacy for Users (including the 
amendments made by that Act), from the Federal Transit 
Administration's administrative expenses account to other mass 
transit budget accounts under section 250(c)(4)(C) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.
                              ----------                              


                PART B--TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Boozman of Arkansas, or 
                 His Designee, Debatable for 10 Minutes

  After section 4134, insert the following (and redesignate, 
and conform the table of contents, of the bill accordingly):

SEC. 4132. BREAKS DURING DAILY TOUR OF DUTY.

  Section 31502 of title 49, United States Code, is amended by 
adding at the end the following:
  ``(f) Breaks During Daily Tour of Duty.--Notwithstanding any 
other provision of law, an operator of a property-carrying 
commercial motor vehicle shall be permitted to operate such 
vehicle and perform other work related activities at the end of 
the 14th hour from the time the driver begins duty, for a 
period of time for which the driver has been off duty during 
the 14-hour period, not to exceed a total of 16 hours.
  ``(g) No Coercion.--No person shall require or coerce a motor 
carrier or its employees to record falsely their duty status as 
off-duty for any activity defined by the Secretary as on-duty. 
''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Conaway of Texas, or 
                 His Designee, Debatable for 10 Minutes

  At the end of subtitle A of title IV of the bill, insert the 
following (and conform the table of contents of the bill 
accordingly):

SEC. 4137. HOUR OF SERVICE RULES FOR OPERATORS PROVIDING TRANSPORTATION 
                    OF OIL AND GAS EQUIPMENT AND MACHINERY.

  Notwithstanding sections 31136 and 31502 of title 49, United 
States Code, and any other provision of law, the maximum daily 
hours of service for an operator of a commercial motor vehicle 
used exclusively in servicing the field operations of the 
natural gas and oil industry shall be those in effect under 
such sections on April 27, 2003.
                              ----------                              


 3. An Amendment To Be Offered by Representative Kuhl of New York, or 
                 His Designee, Debatable for 10 Minutes

    In section 4134 of the bill, strike ``100 air mile'' and 
insert ``150 air mile''.
                              ----------                              


4. An Amendment To Be Offered by Representative Moran of Kansas, or His 
                   Designee, Debatable for 10 Minutes

  Redesignate section 4134(b) as section 4134(c) and insert 
after section 4134(a) the following:
  (b) Review by the Secretary.--Section 345(c) of such Act (109 
Stat. 613) is amended by striking ``other than paragraph (2)'' 
and inserting ``other than paragraph (1) or (2) of such 
subsection''.
  In section 4134(c) (as redesignated by this amendment) strike 
the matter proposed to be inserted as a quoted paragraph (7) 
and insert the following:
          ``(7) Agricultural commodity.--The term `agricultural 
        commodity' means any agricultural commodity, food, 
        feed, fiber, or livestock (including livestock as 
        defined in section 602 of the Emergency Livestock Feed 
        Assistance Act of 1988 (7 U.S.C. 1471) and insects).''
                              ----------                              


 5. An Amendment To Be Offered by Representative Kuhl of New York, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title I of the bill, insert the following (and 
conform the table of contents of the bill accordingly):

SEC. 1838. AMO HOUGHTON BYPASS.

  (a) Findings.--Congress finds the following:
          (1) Amo Houghton first served his country when he 
        volunteered for military service during World War II 
        and served as a Private First Class in the United 
        States Marine Corps;
          (2) Amo Houghton earned a bachelor's degree from 
        Harvard University and a master's degree from the 
        Harvard School of Business;
          (3) Amo Houghton was Chief Executive Officer of 
        Corning, Incorporated, before running for Congress and 
        is remembered fondly for his tremendous efforts to 
        rebuild the city of Corning, New York, and the Chemung 
        Valley in the aftermath of Hurricane Agnes and the 
        devastating flood of 1972;
          (4) Amo Houghton spent his energy and time at 
        Corning, Incorporated, Congress, and even after 
        Congress working to build up the economy of the 
        Southern Tier, Finger Lakes, and Rochester region of 
        New York;
          (5) Amo Houghton worked tirelessly with others to 
        fund the building projects that brought New York State 
        Route 17 to the necessary standards to be designated as 
        Interstate Route 86;
          (6) one of the major projects required to upgrade New 
        York State Route 17 to Interstate standards and at the 
        same time eliminate a glaring problem and safety hazard 
        was the construction of the bypass route around the 
        city of Corning, New York;
          (7) Amo Houghton was a champion of many economic, 
        trade, and health issues during his service on the Ways 
        and Means Committee of the House of Representatives, 
        including numerous tax simplification measures and 
        successful House and Senate passage of the Clean 
        Diamond Trade Act (Public Law 108-19) which was signed 
        into law by President George W. Bush;
          (8) Amo Houghton was an active player on the world 
        stage as a member of the International Relations 
        Committee of the House of Representatives through his 
        Chairmanships of the Canada-United States 
        Interparliamentary Group, the Asia-Pacific 
        Parliamentary Forum, the Oxford Forum, and the United 
        States-Japan Economic Agenda Forum and Vice 
        Chairmanship of the Africa Subcommittee of the 
        International Relations Committee;
          (9) Amo Houghton served in many other capacities for 
        the good of Congress, including his work as a founding 
        member of the Bipartisan Retreat Committee of the House 
        of Representatives, the Members and Family Room 
        Committee of the House of Representatives, and as Co-
        Chairman of the Faith and Politics Institute; and
          (10) among his colleagues in Congress, Amo Houghton 
        will always be remembered as a man of principle, 
        statesmanship, moderation, bipartisanship, and 
        civility.
  (b) Designation.--The Secretary of Transportation shall work 
with the State of New York to ensure that the segment of 
Interstate Route 86 between its interchange with New York State 
Route 15 in the vicinity of Painted Post, New York, and its 
interchange with New York State Route 352 in the vicinity of 
Corning, New York, is known and designated as the ``Amo 
Houghton Bypass''.
                              ----------                              


6. An Amendment To Be Offered by Representative Osborne of Nebraska, or 
                 His Designee, Debatable for 10 Minutes

  At the end of subtitle A of title IV of the bill, insert the 
following (and conform the table of contents accordingly):

SEC. 4137. NEBRASKA CUSTOM HARVESTERS LENGTH EXEMPTION.

  Section 31112(c) of title 49, United States Code, is amended 
by adding at the end the following:
          ``(5) Nebraska may allow the operation of commercial 
        vehicle combinations of not to exceed 81 feet, 6 inches 
        that are used only for harvesting wheat, soybeans, and 
        milo on a contract basis for agricultural producers 
        during the harvest months for such crops as defined by 
        the State of Nebraska.''.
                              ----------                              


 7. An Amendment To Be Offered by Representative Cox of California, or 
                 His Designee, Debatable for 10 Minutes

  Redesignate section 4136 as section 4137 and insert after 
section 4135 the following (and conform the table of contents 
accordingly):

SEC. 4136. STATE LAWS RELATING TO VEHICLE TOWING.

  Nothing in section 14501(c) of title 49, United States Code, 
shall be construed to prevent a State from requiring that, in 
the case of vehicles towed from private property without the 
consent of the owner or operator of the vehicle, towing 
companies have prior written authorization from the property 
owner or lessee (or an employee or agent thereof), or that such 
owner or lessee (or an employee or agent thereof) be present at 
the time the vehicle is towed from the property, or both.
                              ----------                              


 8. An Amendment To Be Offered by Representative Kennedy of Minnesota, 
               or His Designee, Debatable for 20 Minutes

  Strike section 1209 of the bill and insert the following:

SEC. 1209. CONGESTION PRICING PILOT PROGRAM.

  (a) Section 129 of title 23, United States Code, is amended 
by adding at the end the following:
  ``(e) Congestion Pricing Pilot Program.--
          ``(1) Definitions.--In this subsection the following 
        definitions apply:
                  ``(A) Eligible toll facility.--The term 
                `eligible toll facility' includes--
                          ``(i) a facility in existence on the 
                        date of enactment of this subsection 
                        that collects tolls;
                          ``(ii) a facility in existence on the 
                        date of enactment of this subsection 
                        that serves high occupancy vehicle 
                        lanes; and
                          ``(iii) a facility constructed after 
                        the date of enactment of this 
                        subsection to create additional tolled 
                        capacity (including a facility 
                        constructed by a private entity or 
                        using private funds).
                  ``(B) Nonattainment area.--The term 
                `nonattainment area' has the meaning given the 
                term in section 171 of the Clean Air Act (42 
                U.S.C. 7501).
          ``(2) Establishment.--Notwithstanding sections 129 
        and 301, the Secretary may permit a State, public 
        authority, or a public or private entity designated by 
        a State, to collect a toll from motor vehicles at an 
        eligible toll facility for any highway, bridge, or 
        tunnel, including facilities on the Interstate System--
                  ``(A) to manage high levels of congestion; or
                  ``(B) to reduce emissions in a nonattainment 
                area or maintenance area.
          ``(3) Limitation on use of revenues.--
                  ``(A) In general.--All toll revenues received 
                under paragraph (2) shall be used by a State or 
                public authority for--
                          ``(i) debt service;
                          ``(ii) a reasonable return on 
                        investment of any private financing;
                          ``(iii) the costs necessary for 
                        proper operation and maintenance of any 
                        facilities under paragraph (2) 
                        (including reconstruction, resurfacing, 
                        restoration, and rehabilitation); and
                          ``(iv) highway projects eligible for 
                        Federal assistance under this title if 
                        the Secretary certifies that the 
                        necessary costs under clauses (i), 
                        (ii), and (iii) have been satisfied.
                  ``(B) Requirements.--
                          ``(i) Variable price requirement.--
                        The Secretary shall require, for each 
                        facility that charges tolls under this 
                        subsection, that the tolls vary in 
                        price according to time of day, as 
                        appropriate to manage congestion or 
                        improve air quality.
                          ``(ii) HOV passenger requirements.--A 
                        State may permit motor vehicles with 
                        fewer than 2 occupants to operate in 
                        high occupancy vehicle lanes as part of 
                        a variable toll pricing program 
                        established under this subsection, 
                        provided the State complies with the 
                        requirements under section 1208 of the 
                        Transportation Equity Act: A Legacy for 
                        Users.
                          ``(iii) Reasonable rate 
                        requirement.--Variations in the toll 
                        rate between different classes of 
                        vehicles for a facility under this 
                        section shall be reasonable, as 
                        determined by the Secretary.
                  ``(C) Agreement.--
                          ``(i) In general.--Before the 
                        Secretary may permit a facility to 
                        charge tolls under this subsection, the 
                        Secretary and the applicable State or 
                        public authority shall enter into an 
                        agreement for each facility 
                        incorporating the conditions described 
                        in subparagraphs (A) and (B).
                          ``(ii) Termination.--An agreement 
                        under clause (i) shall terminate with 
                        respect to a facility upon the decision 
                        of the State or public authority to 
                        discontinue the variable tolling 
                        program under this subsection for the 
                        facility.
                          ``(iii) Debt.--If there is any debt 
                        outstanding on a facility at the time 
                        at which the decision is made to 
                        discontinue the program under this 
                        subsection with respect to the 
                        facility, the facility may continue to 
                        charge tolls in accordance with the 
                        terms of the agreement until such time 
                        as the debt is retired.
                  ``(D) Limitation on federal share.--The 
                Federal share of the cost of a project on a 
                facility tolled under this subsection, 
                including a project to install the toll 
                collection facility shall be a percentage, not 
                to exceed 80 percent, determined by the 
                applicable State.
          ``(4) Eligibility.--To be eligible to participate in 
        the program under this subsection, a State or public 
        authority shall provide to the Secretary--
                  ``(A) a description of the congestion or air 
                quality problems sought to be addressed under 
                the program;
                  ``(B) a description of--
                          ``(i) the goals sought to be achieved 
                        under the program; and
                          ``(ii) the performance measures that 
                        would be used to gauge the success made 
                        toward reaching those goals; and
                  ``(C) such other information as the Secretary 
                may require.
  ``(f) Automation.--A facility created or modified under this 
section shall use an electronic toll collection system that 
uses a transponder or other means to specify an account for the 
purposes of collecting a toll as a vehicle passes through the 
collection facility.
  ``(g) Interoperability.--
          ``(1) Rule.--
                  ``(A) In general.--Not later than 180 days 
                after the date of enactment of this subsection, 
                the Secretary shall promulgate a final rule 
                specifying requirements, standards, or 
                performance specifications for automated toll 
                collection systems implemented under this 
                section.
                  ``(B) Development.--In developing that rule, 
                which shall be designed to maximize the 
                interoperability of electronic collection 
                systems, the Secretary shall, to the maximum 
                extent practicable--
                          ``(i) seek to accelerate progress 
                        toward the national goal of achieving a 
                        nationwide interoperable electronic 
                        toll collection system;
                          ``(ii) take into account the use of 
                        transponders currently deployed within 
                        an appropriate geographical area of 
                        travel and the transponders likely to 
                        be in use within the next 5 years; and
                          ``(iii) seek to minimize additional 
                        costs and maximize convenience to users 
                        of the toll facility and to the toll 
                        facility owner or operator.
          ``(2) Future modifications.--As the state of 
        technology progresses, the Secretary shall modify the 
        rule promulgated under paragraph (1)(A), as 
        appropriate.''.
  (b) Conforming Amendments.--
          (1) In general.--Section 1012 of the Intermodal 
        Surface Transportation Efficiency Act (23 U.S.C. 149 
        note; 105 Stat. 1938; 112 Stat. 211) is amended by 
        striking subsection (b).
          (2) Continuation of program.--Notwithstanding the 
        amendment made by paragraph (1), the Secretary shall 
        monitor and allow any existing project associated with 
        a value pricing program established under a cooperative 
        agreement in effect on the day before the date of 
        enactment of this Act to continue.
  Strike paragraph (3) of section 1603(c) of the bill and 
insert the following:
          (3) An analysis demonstrating that the facility could 
        not be maintained or improved to meet current or future 
        needs from the State's apportionments and allocations 
        made available by this Act (including amendments made 
        by this Act) and from revenues for highways from any 
        other source without toll revenues.
  Strike subsection (a) of section 1603 of the bill and insert 
the following:
  (a) Establishment.--The Secretary shall establish and 
implement an Interstate System reconstruction and 
rehabilitation pilot program under which the Secretary, 
notwithstanding sections 129 and 301 of title 23, United States 
Code, may permit a State to collect tolls on a highway, bridge, 
or tunnel on the Interstate System for the purpose of 
reconstructing and rehabilitating Interstate highway corridors 
that could not otherwise be adequately maintained or 
functionally improved without the collection of tolls.
  After section 1603(c)(4)(C) of the bill, insert the following 
(and redesignate any subsequent subparagraphs accordingly):
                  (D) an agreement for public disclosure of 
                revenues generated and operating expenditures.
  Strike paragraph (1) of section 1603(d) of the bill and 
insert the following:
          (1) the State is unable to reconstruct or 
        rehabilitate the proposed toll facility using existing 
        apportionments;
  Strike section 1604 of the bill and insert the following (and 
conform the table of contents accordingly):

SEC. 1604. FAST LANES.

  (a) In General.--Subchapter I of chapter I of title 23, 
United States Code, is amended by adding at the end the 
following:

``Sec. 169. FAST fees

  ``(a) Establishment.--The Secretary shall establish and 
implement an Interstate System FAST lanes program under which 
the Secretary, notwithstanding sections 129 and 301, shall 
permit a State, or a public or private entity designated by a 
State, to collect fees to finance the construction or expansion 
of an interstate highway, for the purpose of reducing traffic 
congestion, by constructing 1 or more additional lanes 
(including bridge, support, and other structures necessary for 
construction or expansion) on the Interstate System.
  ``(b) Eligibility.--To be eligible to participate in the 
program, a State shall submit to the Secretary for approval an 
application that contains--
          ``(1) an identification of the additional lanes 
        (including any necessary bridge, support, and other 
        structures) to be constructed on the Interstate System 
        under the program;
          ``(2) in the case of 1 or more additional lanes that 
        affect a metropolitan area, an assurance that the 
        metropolitan planning organization established under 
        section 134 for the area has been consulted during the 
        planning process concerning the placement and amount of 
        fees on the FAST lanes; and
          ``(3) a facility management plan that includes--
                  ``(A) a plan for implementing the imposition 
                of fees on the additional lanes;
                  ``(B) a schedule and finance plan for 
                construction, operation, and maintenance of the 
                additional lanes using revenues from fees (and, 
                as necessary to supplement those revenues, 
                revenues from other sources); and
                  ``(C) a description of the public or private 
                entities that will be responsible for 
                implementation and administration of the 
                program.
  ``(c) Requirements.--The Secretary shall approve the 
application of a State for participation in the program after 
the Secretary determines that, in addition to meeting the 
requirements of subsection (b), the State has entered into an 
agreement with the Secretary that provides that--
          ``(1) fees collected from motorists using a FAST lane 
        shall be collected only through the use of noncash 
        electronic technology;
          ``(2) all revenues from fees received from operation 
        of FAST lanes shall be used only for--
                  ``(A) debt service relating to the investment 
                in FAST lanes;
                  ``(B) reasonable return on investment of any 
                private entity financing the project, as 
                determined by the State;
                  ``(C) any costs necessary for the 
                improvement, and proper operation and 
                maintenance (including reconstruction, 
                resurfacing, restoration, and rehabilitation), 
                of FAST lanes and existing lanes, if the 
                improvement--
                          ``(i) is necessary to integrate 
                        existing lanes with the FAST lanes;
                          ``(ii) is necessary for the 
                        construction of an interchange 
                        (including an on- or off-ramp) from the 
                        FAST lane to connect the FAST lane to--
                                  ``(I) an existing FAST lane;
                                  ``(II) the Interstate System; 
                                or
                                  ``(III) a highway; and
                          ``(iii) is carried out before the 
                        date on which fees for use of FAST 
                        lanes cease to be collected in 
                        accordance with paragraph (6); or
                  ``(D) the establishment by the State of a 
                reserve account to be used only for long-term 
                maintenance and operation of the FAST lanes;
          ``(3) fees may be collected only on and for the use 
        of FAST lanes, and may not be collected on or for the 
        use of existing lanes;
          ``(4) use of FAST lanes shall be voluntary;
          ``(5) revenues from fees received from operation of 
        FAST lanes may not be used for any other project 
        (except for establishment of a reserve account 
        described in paragraph (2)(D) or as otherwise provided 
        in this section);
          ``(6) on completion of the project, and on completion 
        of the use of fees to satisfy the requirements for use 
        of revenue described in paragraph (2), no additional 
        fees shall be collected; and
          ``(7)(A) to ensure compliance with paragraphs (1) 
        through (5), annual audits shall be conducted for each 
        year during which fees are collected on FAST lanes; and
          ``(B) the results of each audit shall be submitted to 
        the Secretary.
  ``(d) Apportionment.--
          ``(1) In general.--Revenues collected from FAST lanes 
        shall not be taken into account in determining the 
        apportionments and allocations that any State or 
        transportation district within a State shall be 
        entitled to receive under or in accordance with this 
        chapter.
          ``(2) No effect on state expenditure of funds.--
        Nothing in this section affects the expenditure by any 
        State of funds apportioned under this chapter.
  ``(e) Definition.--For purposes of this section, the term 
`FAST lane' means a interstate highway or interstate highway 
lane, financed, at least in part, through the collection of 
fees, that is added to the Interstate System to reduce traffic 
congestion.''.
  (b) Conforming Amendment.--
          (1) The analysis for subchapter I of chapter 1 of 
        title 23, United States Code, as amended by section 
        1208 of the bill, is amended by inserting after the 
        item relating to section 168 the following:

``169. FAST fees.''.

          (2) Section 301 of title 23, United States Code, is 
        amended by inserting after ``tunnels,'' the following: 
        ``and except as provided in section 169,''.
  At the end of title I of the bill, insert the following (and 
conform the table of contents of the bill accordingly):

SEC. 1838. FREEDOM FROM TOLLS.

  Section 301 of title 23, United States Code, is amended by 
inserting before the comma the following: ``and section 169''.
  At the end of title III of the bill, insert the following 
(and conform the table of contents of the bill accordingly):

SEC. 3047. CONGRESSIONAL INTENT REGARDING TRANSIT INVOLVEMENT.

  It is the intention of Congress to work with the States and 
the private sector to include bus rapid transit when adding 
FAST capacity to the Interstate System.
  At the end of section 1105 of the bill strike the end 
quotation marks and the last period and insert the following:
  ``(k) Toll Feasibility.--The Secretary shall select and 
conduct a study on a project under this title that is intended 
to increase capacity, and that has an estimated total cost of 
at least $50,000,000, to determine whether--
          ``(1) a toll facility for the project is feasible; 
        and
          ``(2) privatizing the construction, operation, and 
        maintenance of the toll facility is financially 
        advisable (while retaining legal and administrative 
        control of the portion of the applicable Interstate 
        route).''.
                              ----------                              


9. An Amendment To Be Offered by Representative Tom Davis of Virginia, 
               or His Designee, Debatable for 10 Minutes

  Page 138, at the end of line 16, insert ``and''.
  Page 138, line 18, strike ``; and'' and insert a period.
  Page 138, strike lines 19 and 20.
  Page 145, strike line 24 and all that follows through line 5 
on page 146.
  Page 146, line 6, strike ``(c)'' and insert ``(b)''.
  Page 146, line 15, strike ``(d)'' and insert ``(c)''.
  Page 235, at the end of line 14, insert ``and''.
  Page 235, line 19, strike ``(7)'' and insert ``(6)''.
  Page 240, at the end of line 9, insert ``and''.
  Page 240, strike lines 10 through 13.
  Page 240, line 14, strike ``(6)'' and insert ``(5)''.
                              ----------                              


10. An Amendment To Be Offered by Representative Graves of Missouri, or 
                 His Designee, Debatable for 20 Minutes

  At the end of subtitle D of title I, add the following (and 
conform the table of contents accordingly):

SEC. 14__. RENTED OR LEASED MOTOR VEHICLES.

  (a) In General.--Subchapter I of chapter 301 of title 49, 
United States Code, is amended by adding at the end the 
following:

``Sec. 30106. Rented or leased motor vehicle safety and responsibility

  ``(a) In General.--An owner of a motor vehicle that rents or 
leases the vehicle to a person (or an affiliate of the owner) 
shall not be liable under the law of any State or political 
subdivision thereof, by reason of being the owner of the 
vehicle (or an affiliate of the owner), for harm to persons or 
property that results or arises out of the use, operation, or 
possession of the vehicle during the period of the rental or 
lease, if--
          ``(1) the owner (or an affiliate of the owner) is 
        engaged in the trade or business of renting or leasing 
        motor vehicles; and
          ``(2) there is no negligence or criminal wrongdoing 
        on the part of the owner (or an affiliate of the 
        owner).
  ``(b) Financial Responsibility Laws.--Nothing in this section 
supersedes the law of any State or political subdivision 
thereof--
          ``(1) imposing financial responsibility or insurance 
        standards on the owner of a motor vehicle for the 
        privilege of registering and operating a motor vehicle; 
        or
          ``(2) imposing liability on business entities engaged 
        in the trade or business of renting or leasing motor 
        vehicles for failure to meet the financial 
        responsibility or liability insurance requirements 
        under State law.
  ``(c) Applicability and Effective Date.--Notwithstanding any 
other provision of law, this section shall apply with respect 
to any action commenced on or after the date of enactment of 
this section without regard to whether the harm that is the 
subject of the action, or the conduct that caused the harm, 
occurred before such date of enactment.
  ``(d) Definitions.--In this section, the following 
definitions apply:
          ``(1) Affiliate.--The term ``affiliate'' means a 
        person other than the owner that directly or indirectly 
        controls, is controlled by, or is under common control 
        with the owner. In the preceding sentence, the term 
        ``control'' means the power to direct the management 
        and policies of a person whether through ownership of 
        voting securities or otherwise.
          ``(2) Owner.--The term `owner' means a person who 
        is--
                  ``(A) a record or beneficial owner, holder of 
                title, lessor, or lessee of a motor vehicle;
                  ``(B) entitled to the use and possession of a 
                motor vehicle subject to a security interest in 
                another person; or
                  ``(C) a lessor, lessee, or a bailee of a 
                motor vehicle, in the trade or business of 
                renting or leasing motor vehicles, having the 
                use or possession thereof, under a lease, 
                bailment, or otherwise.
          ``(3) Person.--The term `person' means any 
        individual, corporation, company, limited liability 
        company, trust, association, firm, partnership, 
        society, joint stock company, or any other entity.''.
  (b) Clerical Amendment.--The analysis for such chapter is 
amended by inserting after the item relating to section 30105 
the following:

``30106. Rented or leased motor vehicle safety and responsibility.''.

                                  
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