[House Report 110-734]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-734

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    PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 6052) TO PROMOTE 
   INCREASED PUBLIC TRANSPORTATION USE, TO PROMOTE INCREASED USE OF 
  ALTERNATIVE FUELS IN PROVIDING PUBLIC TRANSPORTATION, AND FOR OTHER 
                                PURPOSES

                                _______
                                

   June 25, 2008.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Ms. Castor, from the Committee on Rules, submitted the following

                              R E P O R T

                      [To accompany H. Res. 1304]

    The Committee on Rules, having had under consideration 
House Resolution 1304, by a record vote of 8 to 4, 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. 6052, the 
``Saving Energy Through Public Transportation Act of 2008,'' 
under a structured rule. The resolution provides for one hour 
of general debate equally divided and controlled by the 
chairman and ranking minority member of the Committee on 
Transportation and Infrastructure.
    The resolution waives all points of order against 
consideration of the bill except those arising under clause 9 
or 10 of rule XXI. The resolution provides that the bill shall 
be considered as read. The resolution waives all points of 
order against provisions in the bill. This waiver does not 
affect the point of order available under clause 9 of rule XXI 
(regarding earmark disclosure).
    The resolution makes in order only those amendments printed 
in this report and waives all points of order against such 
amendments except those arising under clause 9 or 10 of rule 
XXI. The amendments made in order shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided by the proponent and an opponent, shall not be 
subject to amendment, and shall not be subject to a demand for 
a division of the question.
    The resolution provides one motion to recommit with or 
without instructions. Notwithstanding the operation of the 
previous question, the Chair may postpone further consideration 
until a time designated by the Speaker. Finally, the resolution 
allows the Speaker to entertain motions to suspend the rules on 
the legislative day of Thursday, June 26, 2008, relating to (a) 
a measure concerning the Commodity Exchange Act and energy 
markets; or (b) a measure concerning the issuance of oil and 
gas leases on Federal lands or waters.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against the 
bill and its consideration (except for those arising under 
clause 9 or 10 of rule XXI), the Committee is not aware of any 
specific points of order against the bill or its consideration. 
The waivers of all points of order against the bill and against 
its consideration (except those arising under clause 9 or 10 of 
rule XXI) are prophylactic.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 548

    Date: June 25, 2008.
    Measure: H.R. 6052.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Whitfield (KY), #12, which 
allows a grant recipient to partner with a local transit 
authority to study the feasibility and possible effectiveness 
of converting coal to diesel for public transportation needs.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 549

    Date: June 25, 2008.
    Measure: H.R. 6052.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Flake (AZ), #1, which would 
prohibit funds appropriated under the bill from being used for 
congressional earmarks.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 550

    Date: June 25, 2008.
    Measure: H.R. 6052.
    Motion by: Mr. Dreier.
    Summary of motion: To add the following sentence to the end 
of section 3: ``Notwithstanding clause 1 of rule XV, clause 10 
of rule XXI shall still operate against the motions made in 
order by this section.''
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 551

    Date: June 25, 2008.
    Measure: H.R. 6052.
    Motion by: Mr. McGovern.
    Summary of motion: To report the rule.
    Results: Adopted 8-4.
    Vote by Members: McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Cardoza--Yea; Welch--Yea; Castor--Yea; Arcuri--
Yea; Dreier--Nay; Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Slaughter--Yea.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Oberstar (MN): Would add a finding that public 
transportation stakeholders should engage local communities in 
promoting the importance of using public transportation. It 
would amend section 3 (grants to improve public transportation 
services) to clarify that transit agencies may use these new 
grants to offset the increased cost of fuel to transit 
agencies. It also clarifies that intercity bus service and 
acquiring facilities or equipment to improve fuel efficiency 
are eligible activities under the bill. It would require the 
Transportation Secretary to carry out consumer awareness 
programs on the benefits of alternative transportation. (10 
minutes)
    2. Davis, Tom (VA)/McGovern (MA): Would amend section 5 
(transportation fringe benefits) to authorize increasing the 
transit portion of the transportation fringe benefit so it is 
equal to the maximum limit of the parking portion of the 
transportation fringe benefit. (10 minutes)
    3. Mahoney (FL): Would provide an exception to section 526 
of the Energy Independence and Security Act (regarding 
procurement and acquisition of alternative fuels) by exempting 
contracts for generally available fuels that are not 
predominantly produced from noncontroversial petroleum sources 
if (1) the contract does not require the contractor to provide 
alternative fuels, (2) the purpose of the contract is not to 
obtain an alternative fuel, and (3) the contract does not 
provide incentives for a refinery upgrade or expansion to allow 
a refinery to use or increase its use of fuel from a 
nonconventional petroleum source. (10 minutes)
    4. Reichert (WA): Would amend section 7 (federal share for 
fixed guideway stations) to create a 100% Federal share for 
park-and-ride lots that serve fixed route commuter bus routes 
of more than 20 miles in length. (10 minutes)
    5. Hodes (NH): Would allow funds authorized in section 3 of 
the bill (regarding grants to improve public transportation 
services) to be used by states to establish or expand commuter 
matching services to provide commuters with information about 
alternatives to single occupancy vehicle use. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

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

  Page 3, after line 23, insert the following:
          (9) Public transportation stakeholders should engage 
        and involve local communities in the education and 
        promotion of the importance of utilizing public 
        transportation.
  Page 3, line 24, strike ``(9)'' and insert ``(10)''.
  Page 4, line 10, after ``apportioned'' insert ``, not later 
than 7 days after the date on which the funds are 
appropriated,''.
  Page 4, line 21, after ``apportioned'' insert ``, not later 
than 7 days after the date on which the funds are 
appropriated,''.
  Page 5, line 5, after ``Secretary'' insert ``within the time 
the Secretary prescribes''.
  Page 5, line 7, after ``transportation,'' insert ``or in the 
case of subsection (f) of such section 5311, intercity bus 
service,''.
  Page 5, line 9, after ``transportation'' insert ``, or in the 
case of subsection (f) of such section 5311, intercity bus 
service,''.
  Page 5, line 14, after ``Secretary'' insert ``within the time 
the Secretary prescribes''.
  Page 5, line 16, after ``service,'' insert ``or in the case 
of subsection (f) of such section 5311, intercity bus 
service,''.
  Page 5, line 18, after ``service'' insert ``, or in the case 
of subsection (f) of such section 5311, intercity bus 
service,''.
  Page 5, after line 19, insert the following:
          (3) To avoid increases in fares for public 
        transportation, or in the case of subsection (f) of 
        such section 5311, intercity bus service, or decreases 
        in current public transportation service, or in the 
        case of subsection (f) of such section 5311, intercity 
        bus service, that would otherwise result from an 
        increase in costs to the public transportation or 
        intercity bus agency for transportation-related fuel or 
        meeting additional transportation-related equipment or 
        facility maintenance needs, if the recipient of the 
        grant certifies to the Secretary within the time the 
        Secretary prescribes that, during the term of the 
        grant, the recipient will not increase the fares that 
        the recipient charges for public transportation, or in 
        the case of subsection (f) of such section 5311, 
        intercity bus service, or, will not decrease the public 
        transportation service, or in the case of subsection 
        (f) of such section 5311, intercity bus service, that 
        the recipient provides.
          (4) If the recipient of the grant is acquiring, or 
        certifies to the Secretary within the time the 
        Secretary prescribes that, during the term of the 
        grant, the recipient will acquire, clean fuel or 
        alternative fuel vehicle-related equipment or 
        facilities for the purpose of improving fuel 
        efficiency, the costs of acquiring the equipment or 
        facilities.
  At the end of the bill, add the following:

SEC. 8. NATIONAL CONSUMER AWARENESS PROGRAM.

  (a) In General.--The Secretary of Transportation shall carry 
out a national consumer awareness program to educate the public 
on the environmental, energy, and economic benefits of public 
transportation alternatives to the use of single occupancy 
vehicles.
  (b) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $1,000,000 for fiscal 
year 2009. Such sums shall remain available until expended.
                              ----------                              


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

  Page 7, after line 12, insert the following:
  (b) Benefits Described.--Section 3049(a)(2) of such Act (5 
U.S.C. 7905 note; 119 Stat. 1711) is amended by striking the 
period at the end and inserting the following: ``, except that 
the maximum level of such benefits shall be the maximum amount 
which may be excluded from gross income for qualified parking 
as in effect for a month under section 132(f)(2)(B) of the 
Internal Revenue Code of 1986.''.
  Page 7, line 13, strike ``(b)'' and insert ``(c)''.
  Page 12, line 6, strike ``(c)'' and insert ``(d)''.
                              ----------                              


3. An Amendment To Be Offered by Representative Mahoney of Florida, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. 8. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.

  Section 526 of the Energy Independence and Security Act of 
2007 (Public Law 110-140; 42 U.S. C. 17142) is amended--
          (1) by striking ``No Federal agency'' and inserting 
        ``(a) Requirement.--Except as provided in subsection 
        (b), no Federal agency''; and
          (2) by adding at the end the following:
  ``(b) Exception.--Subsection (a) does not prohibit a Federal 
agency from entering into a contract to purchase a generally 
available fuel that is not an alternative or synthetic fuel or 
predominantly produced from a nonconventional petroleum source, 
if--
          ``(1) the contract does not specifically require the 
        contractor to provide an alternative or synthetic fuel 
        or fuel from a nonconventional petroleum source;
          ``(2) the purpose of the contract is not to obtain an 
        alternative or synthetic fuel or fuel from a 
        nonconventional petroleum source; and
          ``(3) the contract does not provide incentives for a 
        refinery upgrade or expansion to allow a refinery to 
        use or increase its use of fuel from a nonconventional 
        petroleum source.''.
                              ----------                              


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

  Page 14, at the end of line 8, insert the following: ``or at 
a park-and-ride lot that serves a fixed route commuter bus 
route that is more than 20 miles in length''.
                              ----------                              


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

  Page 5, after line 19, insert the following:
          (3) If the recipient of the grant is establishing or 
        expanding, or certifies to the Secretary within the 
        time the Secretary prescribes that, during the term of 
        the grant, the recipient will establish or expand 
        commuter matching services to provide commuters with 
        information and assistance about alternatives to single 
        occupancy vehicle use, those administrative costs in 
        establishing or expanding such services.

                                  
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