[DOCID: f:hr734.110]
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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
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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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