H.R. 662 (112th): Surface Transportation Extension Act of 2011

112th Congress, 2011–2013. Text as of Feb 11, 2011 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

1st Session

H. R. 662

IN THE HOUSE OF REPRESENTATIVES

February 11, 2011

(for himself, Mr. Rahall, Mr. Duncan of Tennessee, Mr. DeFazio, and Mr. Hanna) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide an extension of Federal-aid highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a multiyear law reauthorizing such programs.

1.

Short title; reconciliation of funds

(a)

Short title

This Act may be cited as the Surface Transportation Extension Act of 2011.

(b)

Reconciliation of funds

The Secretary of Transportation shall reduce the amount apportioned or allocated for a program, project, or activity under this Act in fiscal year 2011 by amounts apportioned or allocated pursuant to the Surface Transportation Extension Act of 2010 and the Surface Transportation Extension Act of 2010, Part II for the period beginning on October 1, 2010, and ending on March 4, 2011.

(c)

Table of contents

Sec. 1. Short title; reconciliation of funds.

Title I—Federal-Aid Highways

Sec. 101. Extension of Federal-aid highway programs.

Title II—Extension of Highway Safety Programs

Sec. 201. Extension of National Highway Traffic Safety Administration highway safety programs.

Sec. 202. Extension of Federal Motor Carrier Safety Administration programs.

Sec. 203. Additional programs.

Title III—Public Transportation Programs

Sec. 301. Allocation of funds for planning programs.

Sec. 302. Special rule for urbanized area formula grants.

Sec. 303. Allocating amounts for capital investment grants.

Sec. 304. Apportionment of formula grants for other than urbanized areas.

Sec. 305. Apportionment based on fixed guideway factors.

Sec. 306. Authorizations for public transportation.

Sec. 307. Amendments to SAFETEA–LU.

Sec. 308. Level of obligation limitations.

Title IV—Extension of Expenditure Authority

Sec. 401. Extension of expenditure authority.

I

Federal-Aid Highways

101.

Extension of Federal-aid highway programs

(a)

In general

Section 411 of the Surface Transportation Extension Act of 2010 (Public Law 111–147; 124 Stat. 78) is amended—

(1)

by striking the period beginning on October 1, 2010, and ending on March 4, 2011 each place it appears (except in subsection (c)(2)) and inserting fiscal year 2011; and

(2)

in subsection (a) by striking March 4, 2011 and inserting September 30, 2011.

(b)

Authorization of appropriations

Section 411(b)(2) of the Surface Transportation Extension Act of 2010 (124 Stat. 79) is amended by striking 155/365 of.

(c)

Use of funds

Section 411(c) of the Surface Transportation Extension Act of 2010 (124 Stat. 79) is amended—

(1)

in paragraph (2)—

(A)

by striking 155/365 of; and

(B)

by striking the period beginning on October 1, 2010, and ending on March 4, 2011, and inserting fiscal year 2011;

(2)

in paragraph (4)—

(A)

in subparagraph (A)(ii) by striking , except that during such period obligations subject to such limitation shall not exceed 155/365 of the limitation on obligations included in an Act making appropriations for fiscal year 2011; and

(B)

in subparagraph (B)(ii)(II) by striking $271,356,164 and inserting $639,000,000; and

(3)

by striking paragraph (5);

(d)

Extension and flexibility for certain allocated programs

Section 411(d) of the Surface Transportation Extension Act of 2010 (124 Stat. 80) is amended—

(1)

by striking 155/365 of each place it appears; and

(2)

in paragraph (4)(A) by striking 2009 and inserting 2010.

(e)

Extension of authorizations under title v of SAFETEA–LU

Section 411(e) of the Surface Transportation Extension Act of 2010 (124 Stat. 82) is amended—

(1)

in paragraph (1)(B) by striking 155/365; and

(2)

in paragraph (3)(A) by striking 2009 and inserting 2010.

(f)

Administrative expenses

Section 412(a)(2) of the Surface Transportation Extension Act of 2010 (Public Law 111–147; 124 Stat. 83) is amended to read as follows:

(2)

$422,425,000 for fiscal year 2011.

.

II

Extension of Highway Safety Programs

201.

Extension of National Highway Traffic Safety Administration highway safety programs

(a)

Chapter 4 highway safety programs

Section 2001(a)(1) of SAFETEA–LU (119 Stat. 1519) is amended by striking and $99,795,000 for the period beginning on October 1, 2010, and ending on March 4, 2011. and inserting and $235,000,000 for fiscal year 2011..

(b)

Highway safety research and development

Section 2001(a)(2) of SAFETEA–LU (119 Stat. 1519) is amended by striking and $45,967,000 for the period beginning on October 1, 2010, and ending on March 4, 2011. and inserting and $108,244,000 for fiscal year 2011..

(c)

Occupant protection incentive grants

Section 2001(a)(3) of SAFETEA–LU (119 Stat. 1519) is amended by striking and $10,616,000 for the period beginning on October 1, 2010, and ending on March 4, 2011. and inserting and $25,000,000 for fiscal year 2011..

(d)

Safety belt performance grants

Section 2001(a)(4) of SAFETEA–LU (119 Stat. 1519) is amended by striking and $52,870,000 for the period beginning on October 1, 2010, and ending on March 4, 2011. and inserting and $124,500,000 for fiscal year 2011..

(e)

State traffic safety information system improvements

Section 2001(a)(5) of SAFETEA–LU (119 Stat. 1519) is amended by striking and $14,651,000 for the period beginning on October 1, 2010, and ending on March 4, 2011. and inserting and $34,500,000 for fiscal year 2011..

(f)

Alcohol-Impaired driving countermeasures incentive grant program

Section 2001(a)(6) of SAFETEA–LU (119 Stat. 1519) is amended by striking and $59,027,000 for the period beginning on October 1, 2010, and ending on March 4, 2011. and inserting and $139,000,000 for fiscal year 2011..

(g)

National driver register

Section 2001(a)(7) of SAFETEA–LU (119 Stat. 1520) is amended by striking and $1,748,000 for the period beginning on October 1, 2010, and ending on March 4, 2011. and inserting and $4,116,000 for fiscal year 2011..

(h)

High visibility enforcement program

Section 2001(a)(8) of SAFETEA–LU (119 Stat. 1520) is amended by striking and $12,315,000 for the period beginning on October 1, 2010, and ending on March 4, 2011. and inserting and $29,000,000 for fiscal year 2011..

(i)

Motorcyclist safety

Section 2001(a)(9) of SAFETEA–LU (119 Stat. 1520) is amended by striking and $2,973,000 for the period beginning on October 1, 2010, and ending on March 4, 2011. and inserting and $7,000,000 for fiscal year 2011..

(j)

Child safety and child booster seat safety incentive grants

Section 2001(a)(10) of SAFETEA–LU (119 Stat. 1520) is amended by striking and $2,973,000 for the period beginning on October 1, 2010, and ending on March 4, 2011. and inserting and $7,000,000 for fiscal year 2011..

(k)

Administrative expenses

Section 2001(a)(11) of SAFETEA–LU (119 Stat. 1520) is amended by striking and $10,756,000 for the period beginning on October 1, 2010, and ending on March 4, 2011. and inserting and $25,328,000 for fiscal year 2011..

202.

Extension of Federal Motor Carrier Safety Administration programs

(a)

Motor carrier safety grants

Section 31104(a)(7) of title 49, United States Code, is amended to read as follows:

(7)

$209,000,000 for fiscal year 2011.

.

(b)

Administrative expenses

Section 31104(i)(1)(G) of title 49, United States Code, is amended to read as follows:

(G)

$244,144,000 for fiscal year 2011.

.

(c)

Grant programs

Section 4101(c) of SAFETEA–LU (119 Stat. 1715) is amended—

(1)

in paragraph (1) by striking 2009 and all that follows before the period and inserting 2011;

(2)

in paragraph (2) by striking , 2007 and all that follows before the period and inserting through 2011;

(3)

in paragraph (3) by striking , 2007 and all that follows before the period and inserting through 2011;

(4)

in paragraph (4) by striking 2009 and all that follows before the period and inserting 2011; and

(5)

in paragraph (5) by striking 2009 and all that follows before the period and inserting 2011.

(d)

High-Priority activities

Section 31104(k)(2) of title 49, United States Code, is amended by striking through 2010 and $6,370,000 for the period beginning October 1, 2010, and ending on March 4, 2011 and inserting through 2011.

(e)

New entrant audits

Section 31144(g)(5)(B) of title 49, United States Code, is amended by striking (and up to $12,315,000 for the period beginning October 1, 2010, and ending on March 4, 2011).

(f)

Commercial driver’s license information system modernization

Section 4123(d)(6) of SAFETEA–LU (119 Stat. 1736) is amended to read as follows:

(6)

$8,000,000 for fiscal year 2011.

.

(g)

Outreach and education

Section 4127(e) of SAFETEA–LU (119 Stat. 1741) is amended by striking 2010, and all that follows before to carry out and inserting 2010, and 2011.

(h)

Grant program for commercial motor vehicle operators

Section 4134(c) of SAFETEA–LU (119 Stat. 1744) is amended by striking 2009 and all that follows before to carry out and inserting 2011.

(i)

Motor carrier safety advisory committee

Section 4144(d) of SAFETEA–LU (119 Stat. 1748) is amended by striking March 4, 2011 and inserting September 30, 2011.

(j)

Working group for development of practices and procedures to enhance Federal-State relations

Section 4213(d) of SAFETEA–LU (49 U.S.C. 14710 note; 119 Stat. 1759) is amended by striking March 4, 2011 and inserting September 30, 2011.

203.

Additional programs

(a)

Hazardous Materials Research Projects

Section 7131(c) of SAFETEA–LU (119 Stat. 1910) is amended by striking through 2010 and $531,000 for the period beginning on October 1, 2010, and ending on March 4, 2011 and inserting through 2011.

(b)

Dingell-Johnson Sport Fish Restoration Act

Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is amended—

(1)

in subsection (a) by striking through 2010, and for the period beginning on October 1, 2010, and ending on March 4, 2011, and inserting through 2011,; and

(2)

in subsection (b)(1)(A) by striking through 2010, and for the period beginning on October 1, 2010, and ending on March 4, 2011, and inserting through 2011.

III

Public Transportation Programs

301.

Allocation of funds for planning programs

Section 5305(g) of title 49, United States Code, is amended by striking 2010, and for the period beginning October 1, 2010, and ending March 4, 2011, and inserting 2011.

302.

Special rule for urbanized area formula grants

Section 5307(b)(2) of title 49, United States Code, is amended—

(1)

by striking the paragraph heading and inserting Special rule for fiscal years 2005 through 2011.—;

(2)

in subparagraph (A) by striking 2010, and the period beginning October 1, 2010, and ending March 4, 2011, and inserting 2011,; and

(3)

in subparagraph (E)—

(A)

by striking the subparagraph heading and inserting Maximum amounts in fiscal years 2008 through 2011.—; and

(B)

in the matter preceding clause (i) by striking In fiscal years 2008 through 2010, and during the period beginning October 1, 2010, and ending March 4, 2011, and inserting In each of fiscal years 2008 through 2011.

303.

Allocating amounts for capital investment grants

Section 5309(m) of title 49, United States Code, is amended—

(1)

in paragraph (2)—

(A)

by striking the paragraph heading and inserting Fiscal years 2006 through 2011.—;

(B)

in the matter preceding subparagraph (A) by striking 2010, and during the period beginning October 1, 2010, and ending March 4, 2011, and inserting 2011; and

(C)

in subparagraph (A)(i) by striking 2010, and $84,931,000 for the period beginning October 1, 2010 and ending March 4, 2011, and inserting 2011;

(2)

in paragraph (6)—

(A)

in subparagraph (B) by striking 2010, and $6,369,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011, and inserting 2011; and

(B)

in subparagraph (C) by striking 2010, and $2,123,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011, and inserting 2011; and

(3)

in paragraph (7)—

(A)

in subparagraph (A)—

(i)

by striking (A) Ferry boat systems.— and all that follows through (i) Fiscal years 2006 through 2010.—$10,000,000 shall be available in each of fiscal years 2006 through 2010 and inserting the following:

(A)

Ferry boat systems

$10,000,000 shall be available in each of fiscal years 2006 through 2011

;

(ii)

by striking clause (ii);

(iii)

by redesignating subclauses (I) through (VIII) as clauses (i) through (viii), respectively, and moving the text of such clauses 2 ems to the left; and

(iv)

by inserting a period at the end of clause (iv) (as so redesignated);

(B)

in subparagraph (B)—

(i)

by striking for the period beginning October 1, 2010 and ending March 4, 2011; and

(ii)

by adding after clause (v) the following:

(vi)

$13,500,000 for fiscal year 2011.

;

(C)

in subparagraph (C) by striking , and during the period beginning October 1, 2010 and ending March 4, 2011,;

(D)

in subparagraph (D) by striking , and not less than $14,863,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,; and

(E)

in subparagraph (E) by striking , and $1,273,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,.

304.

Apportionment of formula grants for other than urbanized areas

Section 5311(c)(1)(F) of title 49, United States Code, is amended to read as follows:

(F)

$15,000,000 for fiscal year 2011.

.

305.

Apportionment based on fixed guideway factors

Section 5337 of title 49, United States Code, is amended—

(1)

in subsection (a), in the matter preceding paragraph (1), by striking 2010 and inserting 2011; and

(2)

by striking subsection (g).

306.

Authorizations for public transportation

(a)

Formula and bus grants

Section 5338(b) of title 49, United States Code, is amended—

(1)

by striking paragraph (1)(F) and inserting the following:

(F)

$8,360,565,000 for fiscal year 2011.

; and

(2)

in paragraph (2)—

(A)

in subparagraph (A) by striking $48,198,000 for the period beginning October 1, 2010 and ending March 4, 2011, and inserting $113,500,000 for fiscal year 2011;

(B)

in subparagraph (B) by striking $1,766,730,000 for the period beginning October 1, 2010, and ending March 4, 2011, and inserting $4,160,365,000 for fiscal year 2011;

(C)

in subparagraph (C) by striking $21,869,000 for the period beginning October 1, 2010 and ending March 4, 2011, and inserting $51,500,000 for fiscal year 2011;

(D)

in subparagraph (D) by striking $707,691,000 for the period beginning October 1, 2010 and ending March 4, 2011, and inserting $1,666,500,000 for fiscal year 2011;

(E)

in subparagraph (E) by striking $417,863,000 for the period beginning October 1, 2010 and ending March 4, 2011, and inserting $984,000,000 for fiscal year 2011;

(F)

in subparagraph (F) by striking $56,691,000 for the period beginning October 1, 2010 and ending March 4, 2011, and inserting $133,500,000 for fiscal year 2011;

(G)

in subparagraph (G) by striking $197,465,000 for the period beginning October 1, 2010 and ending March 4, 2011, and inserting $465,000,000 for fiscal year 2011;

(H)

in subparagraph (H) by striking $69,856,000 for the period beginning October 1, 2010 and ending March 4, 2011, and inserting $164,500,000 for fiscal year 2011;

(I)

in subparagraph (I) by striking $39,280,000 for the period beginning October 1, 2010 and ending March 4, 2011, and inserting $92,500,000 for fiscal year 2011;

(J)

in subparagraph (J) by striking $11,423,000 for the period beginning October 1, 2010 and ending March 4, 2011, and inserting $26,900,000 for fiscal year 2011;

(K)

in subparagraph (K) by striking $1,486,000 for the period beginning October 1, 2010 and ending March 4, 2011, and inserting $3,500,000 for fiscal year 2011;

(L)

in subparagraph (L) by striking $10,616,000 for the period beginning October 1, 2010 and ending March 4, 2011, and inserting $25,000,000 for fiscal year 2011;

(M)

in subparagraph (M) by striking $197,465,000 for the period beginning October 1, 2010 and ending March 4, 2011, and inserting $465,000,000 for fiscal year 2011; and

(N)

in subparagraph (N) by striking $3,736,000 for the period beginning October 1, 2010 and ending March 4, 2011, and inserting $8,800,000 for fiscal year 2011.

(b)

Capital investment grants

Section 5338(c)(6) of title 49, United States Code, is amended to read as follows:

(6)

$2,000,000,000 for fiscal year 2011.

.

(c)

Research and university research centers

Section 5338(d) of title 49, United States Code, is amended—

(1)

in paragraph (1)—

(A)

in the matter preceding subparagraph (A) by striking $29,619,000 for the period beginning October 1, 2010 and ending March 4, 2011, and inserting $69,750,000 for fiscal year 2011; and

(B)

in subparagraph (A) by striking fiscal year 2009 and inserting each of fiscal years 2009, 2010, and 2011;

(2)

in paragraph (2)(A)—

(A)

in clauses (i), (ii), and (iii) by striking 2009 and inserting 2011; and

(B)

in clauses (v), (vi), (vii), and (viii) by striking and 2009 and inserting through 2011; and

(3)

by striking paragraph (3) and inserting the following:

(3)

Funding

If the Secretary determines that a project or activity described in paragraph (2) received sufficient funds in fiscal year 2010, or a previous fiscal year, to carry out the purpose for which the project or activity was authorized, the Secretary may not allocate any amounts under paragraph (2) for the project or activity for fiscal year 2011, or any subsequent fiscal year.

.

(d)

Administration

Section 5338(e)(6) of title 49, United States Code, is amended to read as follows:

(6)

$98,911,000 for fiscal year 2011.

.

307.

Amendments to SAFETEA–LU

(a)

Contracted paratransit pilot

Section 3009(i)(1) of SAFETEA–LU (119 Stat. 1572) is amended by striking 2010, and for the period beginning October 1, 2010, and ending March 4, 2011 and inserting 2011.

(b)

Public-Private partnership pilot program

Section 3011 of SAFETEA–LU (49 U.S.C. 5309 note; 119 Stat. 1588) is amended—

(1)

in subsection (c)(5) by striking 2010 and the period beginning October 1, 2010, and ending March 4, 2011 and inserting 2011; and

(2)

in subsection (d) by striking 2010, and for the period beginning October 1, 2010, and ending March 4, 2011 and inserting 2011.

(c)

Elderly individuals and individuals with disabilities pilot program

Section 3012(b)(8) of SAFETEA–LU (49 U.S.C. 5310 note; 119 Stat. 1593) is amended by striking March 4, 2011 and inserting September 30, 2011.

(d)

Obligation ceiling

Section 3040(7) of SAFETEA–LU (119 Stat. 1639) is amended to read as follows:

(7)

$10,507,752,000 for fiscal year 2011, of which not more than $8,360,565,000 shall be from the Mass Transit Account.

.

(e)

Project authorizations for new fixed guideway capital projects

Section 3043 of SAFETEA–LU (119 Stat. 1640) is amended—

(1)

in subsection (b), in the matter preceding paragraph (1), by striking 2010, and for the period beginning October 1, 2010, and ending March 4, 2011, and inserting 2011; and

(2)

in subsection (c), in the matter preceding paragraph (1), by striking 2010, and for the period beginning October 1, 2010, and ending March 4, 2011, and inserting 2011.

(f)

Allocations for national research and technology programs

Section 3046 of SAFETEA–LU (49 U.S.C. 5338 note; 119 Stat. 1706) is amended—

(1)

in subsection (b) by striking or period; and

(2)

by striking subsection (c) and inserting the following:

(c)

Additional appropriations

The Secretary shall allocate amounts appropriated pursuant to section 5338(d) of title 49, United States Code, for national research and technology programs under sections 5312, 5314, and 5322 of such title for fiscal years 2010 and 2011, in amounts equal to the amounts allocated for fiscal year 2009 under each of paragraphs (2), (3), (5), and (8) through (25) of subsection (a).

.

308.

Level of obligation limitations

(a)

Highway category

Section 8003(a) of SAFETEA–LU (2 U.S.C. 901 note; 119 Stat. 1917) is amended—

(1)

by striking and at the end of paragraph (5);

(2)

by striking the period at the end of paragraph (6) and inserting ; and; and

(3)

by striking paragraph (7) and inserting the following:

(7)

for fiscal year 2011, $42,469,970,178.

.

(b)

Mass transit category

Section 8003(b) of SAFETEA–LU (2 U.S.C. 901 note; 119 Stat. 1917) is amended—

(1)

by striking and at the end of paragraph (5);

(2)

by striking the period at the end of paragraph (6) and inserting ; and; and

(3)

by striking paragraph (7) and inserting the following:

(7)

for fiscal year 2011, $10,338,065,000.

.

IV

Extension of Expenditure Authority

401.

Extension of expenditure authority

(a)

Highway Trust Fund

Section 9503 of the Internal Revenue Code of 1986 is amended—

(1)

by striking March 5, 2011 in subsections (b)(6)(B) and (c)(1) and inserting October 1, 2011,

(2)

by striking the Surface Transportation Extension Act of 2010, Part II in subsections (c)(1) and (e)(3) and inserting the Surface Transportation Extension Act of 2011, and

(3)

by striking March 5, 2011 in subsection (e)(3) and inserting October 1, 2011.

(b)

Sport Fish Restoration and Boating Trust Fund

Section 9504 of the Internal Revenue Code of 1986 is amended—

(1)

by striking Surface Transportation Extension Act of 2010, Part II each place it appears in subsection (b)(2) and inserting Surface Transportation Extension Act of 2011, and

(2)

by striking March 5, 2011 in subsection (d)(2) and inserting October 1, 2011.

(c)

Effective date

The amendments made by this section shall take effect on March 4, 2011.