[Senate Report 110-81]
[From the U.S. Government Publishing Office]
Calendar No. 198
110th Congress Report
SENATE
1st Session 110-81
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TO MAKE TECHNICAL CORRECTIONS TO SAFETEA-LU
_______
June 13, 2007.--Ordered to be printed
_______
Mr. Dodd, from the Committee on Banking, Housing, and Urban Affairs,
submitted the following
R E P O R T
[To accompany S. 1611]
The Committee on Banking, Housing, and Urban Affairs, which
considered an original bill (S. 1611) to make technical
corrections to SAFETEA-LU and other related laws relating to
transit, having considered the same, reports favorably thereon
and recommends that the bill do pass.
INTRODUCTION
On May 16, 2007, the Senate Committee on Banking, Housing,
and Urban Affairs considered an original bill to make technical
corrections to SAFETEA-LU and other related laws relating to
transit. No amendments were offered, and the Committee passed
the bill by voice vote.
PURPOSE OF THE LEGISLATION
The Safe, Accountable, Flexible, and Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
became law on August 10, 2005. The Banking Committee has
jurisdiction over Title III of SAFETEA-LU, dealing with public
transportation. SAFETEA-LU as passed contained various drafting
errors and other oversights. The purpose of this legislation is
to correct errors in Title III as well as to clarify
Congressional intent with regard to certain legislative
provisions and project designations in that title and in the
transit title of TEA-21, SAFETEA-LU's predecessor, so that the
Federal Transit Administration can implement the transit
program as Congress intended. The legislation allows certain
TEA-21 outlays to be made during the 2008-2012 time period, and
authorizes no new budget authority.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Subsection (a). Reinserts the word ``sightseeing'' into the
list of items excluded from the definition of public
transportation. This word was inadvertently dropped during
drafting of SAFETEA-LU.
Subsection (b). Clarifies that certain requirements for a
transportation improvement program apply to identified phases
of a project as well as to complete projects, and removes an
extraneous phrase from a subsection related to transportation
management areas.
Subsection (c). Changes ``mass transportation'' to ``public
transportation'' to be consistent with a change made throughout
Chapter 53 of Title 49, United States Code, in SAFETEA-LU. Also
corrects a cross-reference.
Subsection (d). Corrects a paragraph heading and a cross
reference.
Subsection (e). Clarifies that state administrative
expenses are not subject to matching requirements under the
rural formula program, consistent with current Federal Transit
Administration practice. Also corrects a cross reference.
Subsection (f). Changes ``mass transportation'' to ``public
transportation'' to be consistent with a change made throughout
Chapter 53 of Title 49, United States Code, in SAFETEA-LU.
Subsection (g). Corrects a cross reference.
Subsection (h). Corrects a cross reference.
Subsection (i). Names the transit in parks program after
its author, Senator Paul S. Sarbanes, corrects a cross
reference, and clarifies that the Federal Transit
Administration can transfer funds to appropriate federal land
management agencies to help administer the program.
Subsection (j). Corrects a cross reference.
Subsection (k). Clarifies that architectural, engineering,
and design contracts can be awarded under a State
qualifications-based requirement if the State requirement was
adopted before enactment of SAFETEA-LU, but that certain other
federal requirements continue to apply to such contracts. The
application of other federal requirements was ambiguous in
SAFETEA-LU.
Subsection (l). Corrects cross references and subsection
numbering.
Subsection (m). Updates authorization for fixed guideway
modernization program from TEA-21's fiscal years to SAFETEA-
LU's fiscal years.
Subsection (n). Corrects a cross reference.
Subsection (o). Corrects a mathematical error in the
obligation ceiling. Corrects or clarifies project designations
in the alternatives analysis, new starts, bus discretionary,
and research programs. Provides that small starts projects
which are recommended by the Federal Transit Administration for
funding or a project construction grant agreement in FY2008 and
FY2009 are authorized to receive such funding or agreement.
Clarifies Congressional intent regarding the role of the
Department of Transportation in resolving issues related to a
commuter rail extension. Specifies additional factors the
Secretary may take into account when evaluating the local match
for the extension of certain light rail lines.
Subsection (p). Modifies allowable uses of funds under the
TEA-21 Advanced Propulsion Control System program.
COMPLIANCE WITH S. 1, THE LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY
ACT OF 2007
The Banking Committee is complying with the disclosure and
certification requirements of S. 1, the Legislative
Transparency and Accountability Act of 2007. Although that
legislation has not yet been enacted, the Committee believes
that complying with S. 1 as passed by the Senate has the
potential to avoid disruption in the rapid completion of the
SAFETEA-LU technical corrections legislation should S. 1 or
similar legislation become law. It is not clear whether the
definition of ``congressional earmark'' under S. 1 applies to
technical corrections toSAFETEA-LU projects. However, in the
interest of full disclosure and transparency, the Committee provides
the following list identifying the requester of each project-related
provision. Consistent with Senate Rule XXXVII(4) and S. 1, each
requester has submitted to the Committee a letter certifying that
neither the requester nor his or her spouse, if applicable, has a
pecuniary interest in the project or projects that are the subject of
the request.
------------------------------------------------------------------------
Section Project Requester(s)
------------------------------------------------------------------------
(o)(1)................. Mid-Region Council Bingaman, Domenici
of Governments,
New Mexico,
public
transportation
buses, bus-
related equipment
and facilities,
and intermodal
terminals in
Albuquerque and
Santa Fe.
(o)(3)(A).............. LOSSAN Rail Boxer
Corridor
Improvements.
(o)(3)(B).............. San Diego Transit. Boxer
(o)(3)(C).............. Los Angeles-- Boxer
Exposition LRT.
(o)(3)(D).............. Boston-Silver Line Kennedy, Kerry
Phase III.
(o)(4)(A).............. Central Arkansas Lincoln, Pryor
Transit Authority
Bus Acquisition.
(o)(4)(B).............. PACE, IL Cermak Obama
Road, Bus Rapid
Transit, and
related bus
projects, and
alternatives
analysis.
(o)(4)(C).............. Transportation Clinton, Schumer
Center
Enhancements,
Corning, NY.
(o)(4)(D).............. Bus and Bus Shelby
Facilities (Gulf
Shores, AL).
(o)(4)(E).............. Gartina Highway Stevens, Murkowski
Bus Stops
(Hoonah, AK).
(o)(4)(F).............. Maine DOT Acadia Snowe, Collins
Intermodal
Passenger and
Maintenance
Facility.
(o)(5)................. DaVinci Center in Casey, Specter
Allentown, PA.
(o)(6)................. South County Reed
Commuter Rail
(Rhode Island).
(o)(7)(A).............. Los Angeles-- Boxer, Feinstein
Exposition LRT.
(o)(7)(B).............. San Gabriel Boxer
Valley--Gold Line
Foothill
Extension Phase I/
Phase II, Los
Angeles to
Montclair.
(p).................... Silverliner IV Casey, Specter
Regional Rail
Cars.
------------------------------------------------------------------------
REGULATORY IMPACT STATEMENT
The legislation does not require the promulgation of any
new regulations.
CHANGES IN EXISTING LAW (CORDON RULE)
On May 16, 2007, the Committee unanimously approved a
motion by Chairman Dodd to waive the Cordon Rule. Thus, in the
opinion of the Committee, it is necessary to dispense with the
requirements of section 12 of rule XXVI of the Standing Rules
of the Senate in order to expedite the business of the Senate.
COST ESTIMATE
May 24, 2007.
Hon. Christopher J. Dodd,
Chairman, Committee on Banking, Housing, and Urban Affairs, United
States Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for a bill to make
technical corrections to SAFETEA-LU and other related laws
relating to transit.
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.
Enclosure.
A bill to make technical corrections to SAFETEA-LU and other related
laws relating to transit
The legislation would make several changes to the current
authorization for transit programs authorized in the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59), known as SAFETEA-LU. The
bill would affect direct spending by amending the authorization
for a specific project that CBO expects would not be completed
under current law. CBO estimates that enacting the bill would
increase direct spending by $4 million over the 2008-2012
period. Enacting the bill would not affect revenues. CBO
estimates that enacting the bill would not significantly
increase spending subject to appropriation. The legislation
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would impose no
cost on state, local, or tribal governments.
The bill also would revise the authorization for a transit
project located within the Southeastern Pennsylvania Transit
Authority (SEPTA) rail system near Philadelphia, Pennsylvania,
that was previously authorized by the Transportation Equity Act
for the 21st Century (Public Law 105-85). Based on information
from the Federal Transit Administration and representatives of
SEPTA, CBO expects that the funds available for this project
will not be spent under current law because the technology
authorized in the original project is incompatible with the
current rail system. The bill would authorize those funds to be
used for a different rail project within the SEPTA system.
Therefore, CBO estimates that this provision would result in an
increase in spending of $4 million over the 2008-2012 period.
On March 21, 2007, CBO provided an estimate for H.R. 1195,
an act to amend the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users to make technical
corrections, and for other purposes, as ordered reported by the
House Committee on Transportation and Infrastructure on March
1, 2007, with a subsequent amendment transmitted to CBO on
March 19, 2007. Some of the provisions in H.R. 1195 are
contained in this bill. The differences between the bills are
reflected in CBO's cost estimates.
The CBO staff contact for this estimate is Sarah Puro. This
estimate was approved by Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.