Conference report on h. R. 3, Safe, accountable, flexible, efficient transportation equity act: a legacy for users
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It also authorizes the Secretary of HHS to publish in the Federal Register (and amend as needed) lists of non-food products that could render food products adulterated if shipped simultaneously or subsequently in the same vehicle. The section authorizes the Secretary of HHS to waive all or part of the requirements of section 416, in appropriate circumstances, with respect to particular classes of persons, vehicles, food, or non-food products. This provision also preempts State or local laws concerning transportation of food. Finally, it requires the heads of other Federal agencies, including the Secretaries of Transportation and the Department of Agriculture, and the Administrator of the Environmental Protection Agency, to assist the Secretary of HHS, upon request, in carrying out this section. Paragraph (c) of this section would add to the Act a new section requiring persons subject to these provisions to cooperate with HHS inspections of records. Subsection (d) amends section 301 of the Act to make violations of requirements added by this section prohibited acts subject to the sanctions provided in chapter III of the Act. Conference Substitute The Conference adopts the Senate version with modifications. SEC. 7203. DEPARTMENT OF TRANSPORTATION REQUIREMENTS House Bill No comparable provision in House bill. Senate Bill Sec. 7383. This section requires the Secretary, in consultation with the Secretaries of HHS and the Department of Agriculture, to establish inspection procedures for identifying suspected incidents of contamination or adulteration of food that might violate regulations issued under section 416 of the Federal Food, Drug, and Cosmetic Act, and of meat and poultry products subject to detention under section 402 of the Federal Meat Inspection Act (21 U.S.C. 672) and section 19 of the Poultry Products Inspection Act (21 U.S.C. 467a). In addition, it requires the Secretary to train DOT personnel who perform motor vehicle and railroad related safety inspections to identify practices and conditions that could pose a threat to food safety and to notify the secretaries of HHS and the Department of Agriculture of any instances of potential food contamination identified during those inspections. Conference Substitute The Conference adopts the Senate provision with modifications. SEC. 7204. EFFECTIVE DATE House Bill No comparable provision in House bill. Senate Bill Sec. 7384. This section makes the changes in law under the subtitle align with the Federal fiscal year, which is particularly important for the transfer of duties among different agencies. Conference Substitute The Conference adopts the Senate version with modifications. Subtitle C--Research and Innovative Technology Administration SEC. 7301. ADMINISTRATIVE AUTHORITY House Bill No comparable provision in House bill. Senate Bill Sec. 7361. This section provides RITA necessary administrative authority to conduct effective research on transportation service and infrastructure assurance and to prevent security-sensitive information developed in the course of that research from aiding persons who might want to disrupt the transportation system. Conference Substitute The conference adopts the Senate version with modifications. TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE SEC. 8001. DISCRETIONARY SPENDING LIMITS FOR THE HIGHWAY AND MASS TRANSIT CATEGORIES House Bill Sec. 8001. This section amends section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 to continue separate [Page: H7515] spending limits for the highway and mass transit categories in Highway Trust Fund budget authority, new budget authority, and outlays for fiscal years 2004 through 2009. The section also amends section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 to reference this Act instead of the Transportation Equity Act for the 21st Century, and to allow for successor accounts to be established in the budget accounts used to track highway and transit spending. Senate Bill Sec. 3102(a) and (c). This section amends section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 to continue separate spending limits for the highway and mass transit categories in Highway Trust Fund budget authority for fiscal years 2005 through 2009. This section amends section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 to reference this Act instead of the Transportation Equity Act for the 21st Century, and defines the budget accounts to be used to track highway and transit spending pursuant to this Act. Conference Substitute The Conference adopts the House version without fiscal year 2004. SEC. 8002. ADJUSTMENTS TO ALIGN HIGHWAY SPENDING WITH REVENUES House Bill Sec. 8002. This section amends section 251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 to adjust obligations from the Highway Account of the Highway Trust Fund to actual levels of highway receipts for fiscal years 2004 through 2009. Senate Bill Sec. 3102(b). This section amends section 251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 to adjust obligations from the Highway Account of the Highway Trust Fund to actual levels of highway receipts for fiscal years 2005 through 2009. Conference Substitute The Conference adopts the House version without fiscal year 2004. SEC. 8003. LEVEL OF OBLIGATION LIMITATIONS House Bill Sec. 8003. This section sets the obligation limitation levels for the purposes of section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 for the highway category and mass transit category, including both Highway Trust Funds and new budget authority, for fiscal years 2004 through 2009. Senate Bill Sec. 3103. This section sets the obligation limitation levels for the purposes of section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 for the highway category and mass transit category, for fiscal years 2005 through 2009. Conference Substitute The Conference adopts the House version without fiscal year 2004. SEC. 8004. ENFORCEMENT OF GUARANTEE House Bill Sec. 8004. This section amends clause 3 of Rule XXI of the Rules of the House of Representatives to update the cite to this Act and add language providing that obligation limitation relating to surface transportation projects under section 1602 of the Transportation Equity Act for the 21st Century and section 7102 of the House bill shall be assumed to be administered on the basis of sound program management practices allowing States to decide high priority project funding priorities within State allocations. Senate Bill No comparable provision. Conference Substitute The Conference adopts the House version without fiscal year 2004. Also, this section conforms the cites to the new act. SEC. 8005. TRANSFER OF FEDERAL TRANSIT ADMINISTRATIVE EXPENSES House Bill Sec. 8005. This section states that it shall be in order for purposes of clauses 2 and 3 of Rule XXI of the House of Representatives to transfer funds in appropriations bills from Federal Transit Administration administrative expenses to other mass transit budget accounts under section 250(c)(4)(C) of the Balanced Budget and Emergency Deficit Control Act of 1985. Senate Bill No comparable provision. Conference Substitute The Conference adopts the House version without fiscal year 2004. TITLE IX--RAIL PROVISIONS SEC. 9001. HIGH-SPEED RAIL CORRIDOR DEVELOPMENT House Bill Sec. 9001. Section 9001 reauthorizes the Swift Rail Development Act (``Swift Act'') and makes some technical amendments. Subsection (a) amends the Swift Act to address ``corridor development'' rather than ``corridor planning.'' It also authorizes the acquisition of track, signals, rail rolling stock and locomotives under the program. Subsection (b) reauthorizes the Swift Act at $100 million per year from Fiscal Year 2006 through Fiscal Year 2013. Of this $100 million, $70 million is for corridor development activities and $30 million is for technology development activities. Senate Bill No comparable provision in the Senate bill. Conference Substitute The Conference adopts the House provision. SEC. 9002. CAPITAL GRANTS FOR RAIL LINE RELOCATION PROJECTS House Bill No comparable provision in the House bill. Senate Bill Sec. 7602. This section establishes a grant program to provide financial assistance for local rail line relocation and improvement projects. In order for a State to be eligible for a grant for an improvement construction project, the project must: mitigate the adverse effects of rail traffic on safety, motor vehicle flow, community quality of life, including noise mitigation, or economic development; or involve a lateral or vertical relocation of any portion of the rail line. There is $350 million for each fiscal year 2006 through 2009 authorized for these grants. At least half of the funds awarded under this section shall not be more than $20 million each and not more than twenty-five percent of the total amount may be used for one project. A State, or other eligible entity, will be required to pay at least ten percent of the shared costs of the project, whether it be through real property, a contribution of services, or previous costs spent on the project before the application was filed. The State may also seek financial contributions from private entities benefiting from the rail line relocation or improvement project. This program will be implemented no later than October 1, 2006. Conference Substitute The Conference adopts the Senate provisions with modifications. New language added during conference ensures the Secretary considers the effects of a new rail line, or improvement to an existing rail line, on motor vehicle and pedestrian traffic, safety, community quality of life, and area commerce, as well as freight and passenger rail operations. SEC. 9003. REHABILITATION AND IMPROVEMENT FINANCING House Bill No comparable provision in the House bill. Senate Bill Sec. 7603. Section 7603 changes the current Railroad Rehabilitation and Improvement Financing (RRIF) program administered by the Federal Railroad Administration through the Secretary of Transportation. Historically, RRIF loans have taken too long to process and obstacles to participation have been too high. These statutory changes were made to correct past problems and encourage greater utilization of the RRIF program. Subsection (c) adds to the list of priorities those projects that would enhance service and capacity in the national transportation system. The Secretary should give priority consideration to applications showing an ability to help achieve these goals. This section also increases the authorization to $6 billion to ensure adequate resources are available. The Secretary may not require an applicant for a direct loan or loan guarantee to provide collateral. Congress seeks to encourage, not discourage, major rail investment in the U.S. This section also provides a time limit of 90 days for the Secretary's approval or disapproval of direct loan or loan guarantee applications. No fees are to be charged by the Secretary in connection with a direct loan or loan guarantee, unless otherwise stated under section 502 of title 45. Criteria outlining the Secretary's approval standards will be published within thirty days of enactment. Conference Substitute The Conference adopts the Senate provisions with modifications. Among the Senate features retained is the legislative overruling of the a priori limits on loan size and cohort composition, as well as excessive collateralization requirements, contained in the existing Department of Transportation-Office of Management and Budget memorandum of understanding on the RRIF program. The bill also retains the Senate language overruling both the memorandum and DOT regulations requiring rejection by a private lender before an applicant may obtain a RRIF loan through DOT. To ensure that adequate resources are available, the authorization level increases from the proposed $6 billion in the Senate language to $35 billion. Also, the maximum portion that may be used for non-Class I railroad loans is increased from the proposed $3 billion in the Senate language to $7 billion. Another modification allows the Secretary to provide direct loans and loan guarantees to interstate compacts formed pursuant to the 1997 Amtrak reform law, and solely for the purpose of constructing a rail connection between a plant or facility and a second rail carrier, limited option rail freight shippers [Page: H7516] that own or operate a plant or other facility that is served by no more than a single railroad. Also, the Secretary is required to give priority to projects that materially alleviate rail capacity problems that degrade the provision of service to shippers and fulfill a need in the national transportation system. RRIF should be used to help improve service and capacity in the national rail system wherever feasible. A change was made to allow the Secretary to charge a reasonable evaluation fee for the cost of appraisal, and for making necessary determinations and findings. The amounts collected under this section will be credited directly to the Safety and Operations account of the Federal Railroad Administration. SEC. 9004. REPORT REGARDING IMPACT ON PUBLIC SAFETY OF TRAIN TRAVEL IN COMMUNITIES WITHOUT GRADE SEPARATION House Bill No comparable provision in the House bill. Senate Bill Sec. 7604. The bill would require the Secretary of Transportation to conduct a study of the impact of blocked highway-railroad grade crossings on the ability of emergency responders to perform public safety and security duties not later than one year after the date of enactment of this act. Conference Substitute The Conference adopts the Senate provision. SEC. 9005. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENT House Bill No comparable provision in the House bill. Senate Bill Sec. 7326. The bill would require the Federal Railroad Administration (FRA) to validate a predictive model for certain rail tank car standards; initiate a rulemaking on standards and complete an analysis of the impact resistance of steel used in pressurized tank cars built before 1989; and, require railroads to improve inspection procedures for continuous welded rail track and the identification of cracks in rail joint bars. Conference Substitute The Conference adopts the Senate provision with modifications to what the Administration is required to do with the results of the analysis. SEC. 9006. ALASKA RAILROAD House Bill No comparable provision in the House bill. Senate Bill No comparable provision in the Senate bill. Conference Substitute The Conference authorizes the Secretary of Transportation to make grants to the Alaska railroad for capital rehabilitation and improvements benefiting its passenger operation. Such sums as may be necessary are authorized to carry out this section. SEC. 9007. STUDY OF RAIL TRANSPORTATION AND REGULATION House Bill No comparable provision in House bill. Senate Bill No comparable provision in Senate bill. Conference Substitute The Conference requires the Secretary of Transportation, within 180 days of enactment of this Act, to enter into a contract with the Transportation Research Board of the National Academy of Sciences to conduct a comprehensive study of the Nation's railroad transportation system since the enactment of the Staggers Rail Act of 1980. The study shall address and make recommendations on (1) the performance of the Nation's major railroads regarding service levels, service quality, and rates; (2) the projected demand for freight transportation over the next two decades and the constraints limiting the railroad's ability to meet that demand; (3) the effectiveness of public policy in balancing the need for railroads to earn adequate returns with those of shippers for reasonable rates and adequate service; and (4) the future role of the Surface Transportation Board in regulating railroad rates, service levels, and the railroads' common carrier obligations, particularly as railroads may become revenue adequate. SEC. 9008. HAWAII PORT INFRASTRUCTURE EXPANSION PROGRAM House Bill No comparable provision in the House bill. Senate Bill No comparable provision in the Senate bill. Conference Substitute This provision designates MARAD as the lead federal agency to transfer and administer federal funds for intermodal and port improvements in the State of Hawaii. TITLE X--MISCELLANEOUS PROVISIONS Subtitle A--Sportfishing and Recreational Boating Safety SEC. 10101. SHORT TITLE House Bill No comparable provision in House bill. Senate Bill Sec. 7501. Conference Substitute The Conference adopts the Senate version. CHAPTER 1--DINGELL-JOHNSON SPORT FISH RESTORATION ACT AMENDMENTS SEC. 10111. AMENDMENT OF DINGELL-JOHNSON SPORT FISH RESTORATION ACT House Bill No comparable provision in House bill. Senate Bill Sec. 7511. Conference Substitute The Conference adopts the Senate version. SEC. 10112. AUTHORIZATION OF APPROPRIATIONS House Bill No comparable provision in House bill. Senate Bill Sec. 7512. Conference Substitute The Conference adopts the Senate version. SEC. 10113. DIVISION OF ANNUAL APPROPRIATIONS House Bill No comparable provision in House bill. Senate Bill Sec. 7513. Conference Substitute The Conference adopts the Senate version. SEC. 10114. MAINTENANCE OF PROJECTS House Bill No comparable provision in House bill. Senate Bill Sec. 7514. Conference Substitute The Conference adopts the Senate version. SEC. 10115. BOATING INFRASTRUCTURE House Bill No comparable provision in House bill. Senate Bill Sec. 7515. Conference Substitute The Conference adopts the Senate version. SEC. 10116. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR EXPENSES FOR ADMINISTRATION House Bill No comparable provision in House bill. Senate Bill Sec. 7516. Conference Substitute The Conference adopts the Senate version. SEC. 10117. PAYMENTS OF FUNDS TO AND COOPERATION WITH PUERTO RICO, THE DISTRICT OF COLUMBIA, GUAM, AMERICAN SOMOA, THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS, AND THE VIRGIN ISLANDS House Bill No comparable provision in House bill. Senate Bill Sec. 7517. Conference Substitute The Conference adopts the Senate version. SEC. 10118. MULTISTATE CONSERVATION GRANT PROGRAM House Bill No comparable provision in House bill. Senate Bill Sec. 7518. Conference Substitute The Conference adopts the Senate version. SEC. 10119. EXPENDITURE OF REMAINING BALANCE IN BOAT SAFETY ACCOUNT House Bill No comparable provision in House bill. Senate Bill Sec. 7519. Conference Substitute The Conference adopts the Senate version. CHAPTER 2--CLEAN VESSEL ACT OF 1992 AMENDMENTS SEC. 10131. GRANT PROGRAM House Bill No comparable provision in House bill. Senate Bill Sec. 7531. Conference Substitute The Conference adopts the Senate version. CHAPTER 3--RECREATIONAL BOATING SAFETY PROGRAM AMENDMENTS SEC. 10141. TECHNICAL CORRECTION House Bill Sec. 1812. This section extinguishes all federal claims relating to the donation and use of the Ex Competent (AFDM6), Unit Identification Code number 13862. Further, the provision gives Tanadgusix Corporation (TDX) title to the drydock free and clear. Senate Bill No comparable provision. Conference Substitute The Conference adopts modified language that requires TDX to transfer all rights, title and interest in and to the vessel to GSA, consistent with the ruling by the 9th Circuit Court of Appeals filed on April 21, 2005. GSA must then sell the vessel at fair market value for use outside the United States, and as a condition of that conveyance the vessel is prohibited from ever operating in the United States. The proposal also includes an authorization of appropriations for $4,000,000. It is the intent of the Conference that nothing in this section shall effect any lawsuits relating to the transfer or use of the vessel, and that this section shall not be applied retroactively. SEC. 10142. AVAILABILITY OF ALLOCATIONS House Bill No comparable provision in House bill. [Page: H7517] Senate Bill Sec. 7552. Conference Substitute The Conference adopts the Senate version. SEC. 10143. AUTHORIZATION OF APPROPRIATIONS FOR STATE RECREATIONAL BOATING SAFETY PROGRAMS House Bill No comparable provision in House bill. Senate Bill Sec. 7553. Conference Substitute Download 3.76 Mb. Share with your friends:
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