United States Statutes at Large/Volume 125/112th Congress/Chapter 5

by United States Congress

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Public Law 112-5

112th Congress

An Act

Mar. 4, 2011

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[H.R. 662]

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.

Surface Transportation Extention Act of 2011.

23 USC 101 note. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 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.—The table of contents for this Act is as follows:

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.

TITLE I—FEDERAL-AID HIGHWAYS

SEC. 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.".

TITLE II—EXTENSION OF HIGHWAY SAFETY PROGRAMS

SEC. 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.".

SEC. 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 Systerm Modernization.—Section 4123(d)(6) 49 USC 31309 note.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 49 USC 31309 note.(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) 49 USC 31301 note.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) 49 USC 31100 note.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".

SEC. 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,".

TITLE III—PUBLIC TRANSPORTATION PROGRAMS

SEC. 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".

SEC. 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".

SEC. 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 "$5,732,000 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,".

SEC. 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.".

SEC. 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).

SEC. 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.".

SEC. 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).".

SEC. 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.".

TITLE IV—EXTENSION OF EXPENDITURE AUTHORITY

SEC. 401. EXTENSION OF EXPENDITURE AUTHORITY. (a) Highway Trust Fund.—Section 9503 of the Internal Rev- enue 26 USC 9503.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 the26 USC 9504. 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".

26 USC 9503 note. (c) Effective Date.—The amendments made by this section shall take effect on March 4, 2011.

Approved March 4, 2011.

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LEGISLATIVE HISTORY—H .R. 662:

HOUSE REPORTS: No. 112–18, Pt. 1 (Comm. on Transportation and Infrastructure).

CONGRESSIONAL RECORD, Vol. 157 (2011):

Mar. 2, considered and passed House.

Mar. 3, considered and passed Senate.