[House Report 110-147]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-147

======================================================================



 
                    SAFE AMERICAN ROADS ACT OF 2007

                                _______
                                

  May 14, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1773]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 1773) to limit the authority of the 
Secretary of Transportation to grant authority to motor 
carriers domiciled in Mexico to operate beyond United States 
municipalities and commercial zones on the United States-Mexico 
border, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Safe American Roads Act of 2007''.

SEC. 2. LIMITATION ON GRANTING AUTHORITY.

  The Secretary of Transportation may not grant authority to a motor 
carrier domiciled in Mexico to operate beyond United States 
municipalities and commercial zones on the United States-Mexico border, 
except under the pilot program authorized by this Act.

SEC. 3. PILOT PROGRAM.

  (a) In General.--The Secretary of Transportation may carry out, in 
accordance with section 350 of Public Law 107-87, section 31315(c) of 
title 49, United States Code, all Federal motor carrier safety laws and 
regulations, and this Act, a pilot program that grants authority to not 
more than 100 motor carriers domiciled in Mexico to operate beyond 
United States municipalities and commercial zones on the United States-
Mexico border.
  (b) Limitation on Commercial Motor Vehicles Participating in Pilot 
Program.--The number of commercial motor vehicles owned or leased by 
motor carriers domiciled in Mexico which may be used to participate in 
the pilot program shall not exceed 1,000.
  (c) Pilot Program Prerequisites.--The Secretary may not initiate the 
pilot program under subsection (a) until--
          (1) the Inspector General of the Department of Transportation 
        submits to Congress and the Secretary a report--
                  (A) independently verifying that the Department is in 
                compliance with each of the requirements of subsections 
                (a) and (b) of section 350 of Public Law 107-87; and
                  (B) including a determination of whether the 
                Department has established sufficient mechanisms--
                          (i) to apply Federal motor carrier safety 
                        laws and regulations to motor carriers 
                        domiciled in Mexico; and
                          (ii) to ensure compliance with such laws and 
                        regulations by motor carriers domiciled in 
                        Mexico who will be granted authority to operate 
                        beyond United States municipalities and 
                        commercial zones on the United States-Mexico 
                        border;
          (2) the Secretary of Transportation--
                  (A) takes such action as may be necessary to address 
                any issues raised in the report of the Inspector 
                General under paragraph (1); and
                  (B) submits to Congress a detailed report describing 
                such actions;
          (3) the Secretary determines that there is a program in 
        effect for motor carriers domiciled in the United States to be 
        granted authority to begin operations in Mexico beyond 
        commercial zones on the United States-Mexico border;
          (4) the Secretary publishes in the Federal Register and 
        provides sufficient opportunity for public comment on the 
        following:
                  (A) a detailed description of the pilot program and 
                the amount of funds the Secretary will need to expend 
                to carry out the pilot program;
                  (B) the findings of each pre-authorization safety 
                audit conducted, before the date of enactment of this 
                Act, by inspectors of the Federal Motor Carrier Safety 
                Administration of motor carriers domiciled in Mexico 
                and seeking to participate in the pilot program;
                  (C) a process by which the Secretary will be able to 
                revoke Mexico-domiciled motor carrier operating 
                authority under the pilot program;
                  (D) specific measures to be required by the Secretary 
                to protect the health and safety of the public, 
                including enforcement measures and penalties for 
                noncompliance;
                  (E) specific measures to be required by the Secretary 
                to enforce the requirements of section 391.11(b)(2) of 
                title 49, Code of Federal Regulations, as in effect on 
                the date of enactment of this Act;
                  (F) specific standards to be used to evaluate the 
                pilot program and compare any change in the level of 
                motor carrier safety as a result of the pilot program;
                  (G) penalties to be levied against carriers who, 
                under the pilot program, violate section 365.501(b) of 
                title 49, Code of Federal Regulations, as in effect on 
                the date of enactment of this Act;
                  (H) a list of Federal motor carrier safety laws and 
                regulations for which the Secretary will accept 
                compliance with a Mexican law or regulation as the 
                equivalent to compliance with a corresponding Federal 
                motor carrier safety law or regulation, including 
                commercial driver's license requirements; and
                  (I) for any law or regulation referred to in 
                subparagraph (H) for which compliance with a Mexican 
                law or regulation will be accepted, an analysis of how 
                the requirements of the Mexican and United States laws 
                and regulations differ; and
          (5) the Secretary establishes an independent review panel 
        under section 4 to monitor and evaluate the pilot program.

SEC. 4. INDEPENDENT REVIEW PANEL.

  (a) Establishment of Panel.--The Secretary of Transportation shall 
establish an independent review panel to monitor and evaluate the pilot 
program under section 3. The panel shall be composed of 3 individuals 
appointed by the Secretary.
  (b) Duties.--
          (1) Evaluation.--The independent review panel shall--
                  (A) evaluate any effects that the pilot program has 
                on motor carrier safety, including an analysis of any 
                crashes involving motor carriers participating in the 
                pilot program and a determination of whether the pilot 
                program has had an adverse effect on motor carrier 
                safety; and
                  (B) make, in writing, recommendations to the 
                Secretary.
          (2) Recommendations.--If the independent review panel 
        determines that the pilot program has had an adverse effect on 
        motor carrier safety, the panel shall recommend, in writing, to 
        the Secretary--
                  (A) such modifications to the pilot program as the 
                panel determines are necessary to address such adverse 
                effect; or
                  (B) termination of the pilot program.
  (c) Response.--Not later than 5 days after the date of a written 
determination of the independent review panel that the pilot program 
has had an adverse effect on motor carrier safety, the Secretary shall 
take such action as may be necessary to address such adverse effect or 
terminate the pilot program.

SEC. 5. INSPECTOR GENERAL REVIEW.

  (a) In General.--The Inspector General of the Department of 
Transportation--
          (1) shall monitor and review the pilot program;
          (2) not later than 12 months after the date of initiation of 
        the pilot program, shall submit to Congress and the Secretary 
        of Transportation a 12-month interim report on the Inspector 
        General's findings regarding the pilot program; and
          (3) not later than 18 months after the date of initiation of 
        the pilot program, shall submit to Congress and the Secretary 
        an 18-month interim report with the Inspector General's 
        findings regarding the pilot program.
  (b) Safety Determinations.--The interim reports submitted under 
subsection (a) shall include the determination of the Inspector General 
of--
          (1) whether the Secretary has established sufficient 
        mechanisms to determine whether the pilot program is having any 
        adverse effects on motor carrier safety;
          (2) whether the Secretary is taking sufficient action to 
        ensure that motor carriers domiciled in Mexico and 
        participating in the pilot program are in compliance with all 
        Federal motor carrier safety laws and regulations and section 
        350 of Public Law 107-87; and
          (3) the sufficiency of monitoring and enforcement activities 
        by the Secretary and States to ensure compliance with such laws 
        and regulations by such carriers.
  (c) Report to Congress.--Not later than 60 days after the date of 
submission of the 18-month interim report of the Inspector General 
under this section, the Secretary shall submit to Congress a report 
on--
          (1) the actions the Secretary is taking to address any motor 
        carrier safety issues raised in one or both of the interim 
        reports of the Inspector General;
          (2) evaluation of the Secretary whether granting authority to 
        additional motor carriers domiciled in Mexico to operate beyond 
        United States municipalities and commercial zones on the United 
        States-Mexico border would have any adverse effects on motor 
        carrier safety;
          (3) modifications to Federal motor carrier safety laws and 
        regulations or special procedures that the Secretary determines 
        are necessary to enhance the safety of operations of motor 
        carriers domiciled in Mexico in the United States; and
          (4) any recommendations for legislation to make the pilot 
        program permanent or to expand operations of motor carriers 
        domiciled in Mexico in the United States beyond municipalities 
        and commercial zones on the United States-Mexico border.

SEC. 6. DURATION OF PILOT PROGRAM.

  (a) In General.--The Secretary of Transportation may carry out the 
pilot program under this Act for a period not to exceed 3 years; except 
that, if the Secretary does not comply with any provision of this Act, 
the authority of the Secretary to carry out the pilot program 
terminates.
  (b) Final Report.--Not later than 60 days after the last day of the 
pilot program, the Secretary shall submit to Congress a final report on 
the pilot program.

                       PURPOSE OF THE LEGISLATION

    H.R. 1773, as amended, limits the authority of the 
Secretary of Transportation to grant authority to Mexico-
domiciled motor carriers to operate beyond United States 
municipalities and commercial zones on the United States-Mexico 
border.

                  BACKGROUND AND NEED FOR LEGISLATION

    The North American Free Trade Agreement (``NAFTA''), which 
took effect on January 1, 1994, removed restrictions on cross-
border truck and bus service between the United States and 
Mexico. Since 1995, the opening of the U.S.-Mexico border to 
truck and bus traffic has been delayed due to concerns over 
whether opening the border would adversely impact safety on 
U.S. roads. As a result, commercial motor vehicles entering 
from Mexico have been restricted to operating in ``commercial 
zones'' along the border. These zones vary from three to 20 
miles wide and are found in California, Arizona, New Mexico, 
and Texas.
    Bilateral talks between the U.S. and Mexico continued until 
2000, when the Government of Mexico requested the formation of 
an arbitration panel to review whether the U.S. was justified 
in maintaining this restriction on operations. The arbitration 
panel concluded in February 2001 that a blanket refusal to 
process any applications of Mexican motor carriers was a breach 
of the obligations of the United States under NAFTA. However, 
the panel found that the U.S. could impose more stringent 
requirements and safety standards on Mexico-domiciled 
operations.
    In light of the findings of the arbitration panel, the 
Administration announced its plans to open the border to truck 
and bus traffic. This plan met with strong, bipartisan 
opposition in Congress, and on December 4, 2001, Congress 
passed the FY 2002 Department of Transportation and Related 
Agencies Appropriations Act (P.L. 107-87), which included a 
provision (Section 350) prohibiting the U.S. Department of 
Transportation (``DOT'') from granting Mexico-domiciled motor 
carriers long-haul operating authority until a set of safety 
requirements had been met. Section 350 addressed vehicle, 
driver, and safety management requirements, including drug and 
alcohol testing, hours of service, driver qualifications, 
vehicle specifications and maintenance, and safety management 
practices. The Inspector General (``IG'') of the Department of 
Transportation was required to review whether DOT was prepared 
to comply with eight specific provisions listed in subsection 
(c) of Section 350. However, independent verification that DOT 
is in compliance with all of the conditions set forth in the 
Appropriations Act was not required and has not occurred. In 
the initial and subsequent reviews of cross-border 
preparations, the IG identified a number of safety concerns.
    On February 23, 2007, Secretary of Transportation Mary 
Peters announced a plan to grant authority to 100 motor carrier 
companies based in Mexico to conduct long-haul operations 
beyond the commercial zones as part of a one-year pilot 
program. The Secretary proposed to limit the pilot program to 
trucking companies, and to prohibit the participation of motor 
carriers that transport hazardous materials or passengers. The 
initiation of the pilot program followed an announcement that 
the two nations had reached agreement for U.S. inspectors to 
conduct safety audits on-site in Mexico. The Department viewed 
the ability to conduct on-site inspections, which were required 
by Section 350 of P.L. 107-87, as the final step to opening the 
border.
    As the Department has disclosed to the Committee, this 
pilot program is intended as the first step to full opening of 
the border. This heightened concerns in Congress over DOT's 
preparedness to monitor program participants, and to hold motor 
carriers domiciled in Mexico to the same laws, regulations, and 
standards that govern U.S. commercial motor vehicle operations.
    The Secretary's announcement raised additional questions 
about the authority under which the Department would carry out 
the pilot program, and whether DOT planned to implement this 
pilot program in accordance with established administrative 
procedures. Current law, enacted under the Transportation 
Equity Act for the 21st Century (TEA 21), requires DOT to meet 
certain standards when conducting a pilot program to ``evaluate 
alternatives to regulations relating to, or innovative 
approaches to, motor carrier, commercial motor vehicle, and 
driver safety'' (49 U.S.C. 31315). This provision places 
parameters on a pilot program, including a three-year time 
frame, sets standards for evaluation of safety impacts, and 
sets forth several requirements including public notification 
and a report to Congress. DOT has claimed that this provision 
does not apply to the proposed cross-border pilot program.
    The pilot program is intended to include 100 U.S. carriers, 
who will be granted authority to operate in Mexico. While DOT 
has received nearly 900 applications from Mexico-domiciled 
carriers seeking operating authority in the U.S., very few U.S. 
firms have applied for cross-border authority. Further, the 
Mexican government is not ready to process the applications of 
U.S. firms, which would place U.S. carriers at a disadvantage. 
DOT has estimated that Mexico would not be able to process U.S. 
carrier applications for the first six months of the pilot 
program.
    On April 30, 2007, the Secretary announced that DOT would 
delay implementation of the pilot program until U.S. motor 
carriers receive reciprocal operating authority for long-haul 
operations in Mexico. On the same day, DOT published 
notification in the Federal Register of its intent to implement 
a pilot program and provided a 30-day period for public 
comment.

                       SUMMARY OF THE LEGISLATION

Section 1. Short title

    This section designates the title of the Act as the ``Safe 
American Roads Act of 2007''.

Section 2. Limitation on granting authority

    This section states that the Secretary of Transportation 
may only grant authority to Mexico-domiciled motor carriers to 
operate beyond the commercial zones of the United States-Mexico 
border under the pilot program authorized by this Act.

Section 3. Pilot program

    Subsection (a) authorizes the Secretary to carry out a 
pilot program to grant Mexico-domiciled motor carriers 
authority to operate beyond the commercial zones on the U.S.-
Mexico border. The pilot program must be implemented in 
accordance with section 350 of Public Law 107-87; section 
31315(c) of title 49, United States Code; all Federal motor 
carrier safety laws and regulations; and the provisions of this 
Act. Although the Secretary's proposed pilot program is limited 
to truck operations, the Committee intends that the standards 
set forth for the pilot program authorized under this section 
shall apply to any motor carriers, including intercity bus 
motor carrier operations, that seek authority to operate beyond 
the commercial zones of the U.S.-Mexico border.
    Subsections (a) and (b) limit the size of the pilot program 
to no more than 100 motor carriers domiciled in Mexico to 
participate in the pilot program, with the total number of 
commercial motor vehicles participating in the pilot program 
not to exceed 1,000 vehicles. These numbers are consistent with 
the number of carriers and vehicles that DOT has stated that it 
intends to include in a pilot program.
    Subsection (c) establishes several prerequisites that must 
be met before the Secretary can initiate a pilot program. These 
prerequisites include verification by the Inspector General 
(``IG'') of the Department of Transportation that DOT is in 
compliance with each of the requirements of subsections (a) and 
(b) of section 350 of Public Law 107-87 and a determination of 
whether DOT is ready to apply and enforce all U.S. motor 
carrier safety laws to participants in the pilot. This 
subsection also requires a report to Congress by the Secretary 
in response to the IG report that includes any changes to the 
pilot program based on the IG's findings. DOT must also 
determine that U.S. motor carriers are able to receive 
authority to conduct comparable operations, beyond the 
commercial zones, in Mexico before granting any authority to 
Mexico-domiciled carriers.
    Subsection (c) further requires DOT to publish a detailed 
description of the pilot program in the Federal Register, and 
provide the public the opportunity to comment on numerous 
factors, including funding, safety metrics, and measures to 
enforce U.S. safety laws. Specifically, the Department must:
    (A) disclose the funding levels that will be required to 
carry out the pilot program;
    (B) publish the findings of safety audits that the 
Department has conducted within Mexico on potential 
participants in the pilot program;
    (C) detail the process to revoke Mexico-domiciled motor 
carrier operating authority under the pilot program;
    (D) identify measures to protect the health and safety of 
the public during the pilot program;
    (E) identify measures to enforce federal English language 
requirements;
    (F) establish standards to be used to evaluate the pilot 
program and compare any change in the level of motor carrier 
safety as a result of the pilot program;
    (G) set forth penalties to be levied against carriers who 
violate cabotage, or are found to be conducting point-to point 
service within the United States;
    (H) publish any motor carrier safety laws and regulations 
for which the Secretary will accept compliance with a Mexican 
law or regulation as the equivalent to compliance with U.S. 
standards; and
    (I) analyze any differences between Mexican laws and 
regulations and their U.S. equivalents, if Mexican laws or 
regulations will be accepted.
    The Committee intends for the measures identified under (D) 
to include specific enforcement mechanisms to be used to uphold 
federal motor carrier safety laws and regulations, including 
hours of service and drug and alcohol testing. The Committee is 
concerned with possible violations of cabotage laws under the 
pilot program and believes that DOT should utilize all 
enforcement and monitoring tools available under (G) above, 
including electronic tracking of vehicles and loads. Of the 
standards identified under (H), the Committee is particularly 
concerned with differences in the requirements for licensing of 
commercial drivers in the U.S. and Mexico.
    Subsection (c) further requires that the Secretary 
establish an independent review panel to monitor and evaluate 
the pilot program.

Section 4. Independent review panel

    Section 4 requires DOT to establish an independent review 
panel to monitor and evaluate the pilot program, composed of 
three individuals appointed by the Secretary. This section 
requires the independent review panel to evaluate the pilot 
program and make a determination of whether the pilot program 
is having an adverse effect on motor carrier safety. The panel 
must make written recommendations to the Secretary, including 
changes to the pilot program or termination of the pilot 
program. Upon receiving these recommendations, DOT must act 
within five days to address the adverse effects or terminate 
the pilot program.

Section 5. Inspector General review

    Subsection (a) requires the IG to monitor and review the 
pilot program and submit two interim reports to Congress and 
DOT with findings, 12 months and 18 months after initiation of 
the pilot program.
    Subsection (b) requires the reports of the IG to include a 
determination of whether DOT has established sufficient 
mechanisms to monitor the pilot program for safety impacts, and 
to ensure that participants in the pilot program are in 
compliance with all U.S. motor carrier safety laws and 
regulations.
    Subsection (c) requires the Secretary to submit a report to 
Congress within 60 days after submission of the 18-month IG 
report. The Secretary's report must include an account of the 
actions the Secretary is taking to address any motor carrier 
safety issues raised in the IG reports; an evaluation of 
whether granting operating authority to additional Mexico-
domiciled motor carriers would have any adverse effects on 
motor carrier safety; any modifications to Federal safety laws 
and regulations or special procedures necessary to enhance the 
safety of operations in the U.S. of motor carriers domiciled in 
Mexico; and recommendations for legislation to make the pilot 
program permanent or to expand operations of Mexico-domiciled 
motor carriers in the U.S.

Section 6. Duration of pilot program

    Subsection (a) authorizes the Secretary to carry out the 
pilot program for a period not to exceed three years. However, 
if the Secretary does not comply with any provision of this 
Act, the authority of the Secretary to carry out the pilot 
program terminates.
    Subsection (b) requires a final report to Congress from the 
Secretary regarding the pilot program, not later than 60 days 
after the last day of the pilot program.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    On March 13, 2007, the Subcommittee on Highways and Transit 
held a hearing entitled ``U.S./Mexican Trucking: Safety and the 
Cross Border Demonstration Project'' to examine the proposed 
pilot program and to assess the status of cross-border trucking 
operations between the U.S. and Mexico.
    On March 29, 2007, Representative Nancy E. Boyda introduced 
H.R. 1773, the Safe American Roads Act of 2007. Chairman 
Oberstar and Chairman DeFazio were original co-sponsors of this 
bill.
    On May 2, 2007, the Committee on Transportation and 
Infrastructure met in open session and adopted an amendment in 
the nature of a substitute by voice vote with a quorum present. 
The amendment made several changes to H.R. 1773 as introduced. 
The amendment limited the pilot program to three years, 100 
Mexico-domiciled motor carriers, and 1,000 motor vehicles; 
included additional prerequisites prior to the start of the 
pilot program, including verification by the Inspector General 
that the provisions of Section 350 of P.L. 107-87 have been 
met; and authorized the independent review panel. The Committee 
ordered the bill, as amended, reported favorably to the House 
by recorded vote of 66-0.

                              RECORD VOTES

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each record vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. On May 
2, 2007, the Committee on Transportation and Infrastructure met 
in open session, and ordered the bill, as amended, reported 
favorably to the House by recorded vote of 66-0.


                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          COST OF LEGISLATION

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
authorize a limited pilot program under which the Secretary of 
Transportation may grant authority to Mexico-domiciled motor 
carriers to operate beyond the commercial zones of the United 
States-Mexico, subject to certain terms and conditions.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 1773 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 8, 2007.
Hon. James Oberstar,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1773, the Safe 
American Roads Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sarah Puro.
            Sincerely,
                                           Peter R. Orszag,
                                                          Director.
    Enclosure.

H.R. 1773--Safe American Roads Act of 2007

    H.R. 1773 would authorize the Department of Transportation 
(DOT) to establish a pilot program to allow certain motor 
carriers based in Mexico to operate throughout the United 
States. Assuming appropriation of the necessary amounts, CBO 
estimates that enacting H.R. 1773 would cost less than $500,000 
in 2008 and $2 million over the 2008-2012 period. Enacting the 
legislation would not affect direct spending or revenues.
    H.R. 1773 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not directly affect the budgets of state, local, or 
tribal governments.
    H.R. 1773 would authorize DOT to establish a pilot program 
for up to three years that would allow up to 100 Mexican-based 
motor carriers, operating up to a total of 1,000 vehicles, to 
engage in business throughout the United States. The bill also 
would require the department's Office of Inspector General to 
monitor and review the program and would require DOT to submit 
a total of four reports to the Congress on safety issues. Under 
the bill, the pilot program could not be implemented until 
Mexico grants similar access to motor carriers based in the 
United States and until DOT completes certain reports. Based on 
information from DOT, CBO expects that those requirements would 
be met before or during 2008. Assuming appropriation of the 
necessary amounts and based on information from DOT, CBO 
estimates that H.R. 1773 would cost less than $500,000 in 2008 
and $2 million over the 2008-2012 period.
    The CBO staff contact for this estimate is Sarah Puro. This 
estimate was approved by Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                     COMPLIANCE WITH HOUSE RULE XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 1773 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI 
of the Rules of the House of Representatives.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 1773, as amended, 
does not preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 1773, as amended, makes no changes in existing law.

                                  
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