Bill 112-HR-7 — Transportation / Highways
Subject: Transportation and public works

American Energy and Infrastructure Jobs Act of 2012 - Authorizes appropriations out of the Highway Trust Fund (HTF) (other than the Alternative Transportation Account) equal to current federal highway funding levels for FY2013-FY2016 for: (1) certain core federal-aid highway programs, and (2) Federal Highway Administration (FHWA) administrative expenses. Authorizes appropriations out of the HTF Alternative Transportation Account equal to such levels for FY2013-FY2016 for certain other core federal-aid highway programs. Prescribes ceiling obligations for: (1) federal-aid highway and highway safety construction programs, and (2) the Alternative Transportation Account. Directs the Secretary of Transportation of the U.S. Department of Transportation (DOT) to apportion the remainder of federal-aid highway funds to the states for the National Highway System (NHS), the congestion mitigation and air quality improvement (CMAQ), the surface transportation, and the highway safety improvement programs. Directs the Secretary to identify deficient highway bridges in each state and determine their replacement and rehabilitation costs. Requires states to develop and implement a risk-based state asset management plan identifying actions for the maintenance, repair, and rehabilitation of NHS infrastructure and that lead to the achievement of the national goals for infrastructure condition and performance. Replaces the interstate maintenance program with the NHS program. Revises NHS program, surface transportation program, and CMAQ eligibility requirements. Revises formulae for the state apportionment of federal-aid highway funds in urbanized areas with populations over 200,000 as well as in other areas. Authorizes a state to obligate the apportionment of CMAQ funds for projects: (1) resulting in new capacity for single occupant vehicles only if it will contribute to the mitigation of congestion or improvement of air quality, and (2) for PM-10 nonattainment areas. Revises the equity bonus program. Requires the Secretary to ensure that a state's apportionment of funds for specified federal-aid highway programs is at least 94% (currently, 92%) of the amount obtained from a specified formula involving estimated highway use taxes paid into the HTF by a state. Reauthorizes and revises the emergency relief fund program. Revises program eligibility requirements to include the costs of debris removal as an eligible disaster project cost only in certain cases. Authorizes the Secretary to obligate fund amounts for the repair or reconstruction of disaster-affected tribal roads, federal lands highways, and other federally-owned roads open to public travel, whether or not they are federal-aid highways. Revises the apportionment of funds to states for the construction of ferry boats and ferry terminal facilities (excluding ferry maintenance facilities). Revises the highway bridge program. Directs the Secretary to: (1) inventory all highway bridges and tunnels, (2) identify structurally deficient or functionally obsolete bridges or tunnels, (3) assign a risk-based priority for replacement or rehabilitation of each structurally deficient bridge or tunnel, (3) establish national inspection standards for evaluating all highway bridges and tunnels, and (4) establish a training program for highway bridge and tunnel inspectors. Makes 10% of a state's apportionment of certain federal-aid highway funds available only for National Highway System (NHS) bridge replacement projects. Amends the federal-aid highway program to modify the minimum penalties states are required to impose on motorists convicted multiple times for driving while intoxicated or under the influence of alcohol. Requires repeat offenders to have: (1) all their driving privileges (currently, only a driver's license) suspended for at least one year; or (2) their unlimited driving privileges suspended for one year, with limited driving privileges permitted, if an ignition interlock device is installed for at least one year on each of the motor vehicles they own or operate. Amends the the Transportation Infrastructure Finance and Innovation Act (TIFIA) to revise DOT's TIFIA program of direct loans, loan guarantees, and credit for surface transportation projects. Makes eligible for TIFIA program assistance: (1) a program of related transportation projects coordinated to achieve a common transportation goal and meet certain other requirements; and (2) a highway, transit, or pedestrian project that improves mobility within the station area of a transit, passenger rail, or intercity bus station. Authorizes a state, local government, state or local government agency, or public authority to apply to the Secretary for assistance under a master credit agreement. Requires the Secretary to establish procedures for processing such applications. Increases from 33% to 49% the maximum amount of direct loans, loan guarantees, and credit for project costs. Revises the state infrastructure bank program. Revises the toll roads, bridges, tunnels, and ferries program. Allows a state, interstate compact of states, or public entity to: (1) reconstruct, restore, or rehabilitate a Interstate System (IS) high occupancy vehicle (HOV) highway, bridge, or tunnel toll facility over which it has jurisdiction provided certain requirements are met, and (2) levy tolls on vehicles (excluding HOVs). Requires all federal-aid highway toll facilities to implement technologies or business practices that provide for the interoperability of electronic toll collection programs. Revises the highway safety improvement program. Requires state strategic highway safety plans to be updated biannually and meet certain requirements. Prohibits a state from obligating highway safety improvement program funds to purchase, operate, or maintain an automated traffic enforcement system. Requires states to report to the Secretary on: (1) the 10 railway-highway crossings with the greatest need for safety improvement; and (2) an action plan that identifies projects to improve safety at those railway-highway crossings. Directs the Secretary to develop a five-year National Freight Policy for the expansion and improvement of freight transportation infrastructure in the United States. Requires the Secretary to encourage states to develop freight plans. Prescribes certain federal weight limitations requirements for trucks operating on the IS. Authorizes tribal transportation and federal lands transportation programs for various transportation planning and highway improvement projects. Repeals specified federal-aid highway programs. Authorizes the governor of a state to use the state's apportionment of federal-aid highway funds for the repair or replacement of transportation facilities in the event of an emergency. Directs the Secretary to conduct a survey to evaluate the capacity of each state to provide adequate parking and rest facilities for commercial motor vehicles. Encourages the Secretaries of Labor and of Education to use funds to develop training and employment education programs for transportation-related careers and trades. Public Transportation Act of 2012 - Revises capital investment grant requirements for new fixed-guideway capital projects. Requires the Secretary to enter into full funding grant agreements for new fixed-guideway capital projects under the Federal Transit Administration (FTA) New Starts and Small Starts programs. Authorizes the Secretary to make bus and bus facilities formula grants to assist states and local governments in financing capital projects to: (1) replace, rehabilitate, and purchase buses and related equipment; and (2) construct bus-related facilities. Directs the Secretary to apportion a specified percentage of rural area formula grants to states to develop and support public transportation and intercity bus transportation in rural areas. Authorizes the Secretary to make competitive coordinated access and mobility program formula grants to states, local governments, nonprofits organizations, or private operators of public transportation services for: (1) public transportation projects to meet the special needs of elderly individuals and individuals with disabilities; (2) job access and reverse commute projects to transport welfare recipients and eligible low-income individuals to and from jobs; and (3) new public transportation services and public transportation alternatives for individuals with disabilities. Authorizes the Secretary to undertake, or make grants and contracts for, programs that provide training and technical assistance to providers of public transportation services. Authorizes the Secretary to award grants or enter into contracts with a public university to establish a National Transit Institute to support training and educational programs for federal, state, and local transportation employees engaged in government-aid public transportation work. Revises the apportionment of appropriations for job access and reverse commute formula grants for certain urbanized areas with populations less than 200,000. Reauthorizes and revises the fixed guideway modernization program. Authorizes appropriations for: (1) formula and bus grants; (2) capital investment grants; (3) transit research, training and outreach, and technical assistance activities; and (4) administration. Prescribes procedures for expediting the environmental review of surface transportation projects. Revises and makes permanent the surface transportation project delivery pilot program. Requires the Secretary to establish an alternative relocation payment process for the payment of relocation assistance to persons displaced by federally-assisted programs and projects. Amends the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to provide increases in payments made by a displacing agency for: (1) relocation expenses for displaced farms, nonprofit organizations, or small businesses; and (2) replacement housing for displaced homeowners and certain other tenants. Revises metropolitan transportation planning requirements. Requires the designation of a Metropolitan Planning Organization (MPO) for an urbanized area with a population of more than 100,000 individuals. Requires MPOs, in cooperation with state and public transportation operators, to develop metropolitan long-range transportation plans and transportation improvement programs (TIPs) that provide for the development and operation of transportation systems and facilities (including environmental mitigation activities) for metropolitan planning areas (i.e. urbanized areas and nonattainment areas for ozone or carbon monoxide). Requires the Secretary to identify as a transportation management area each urbanized area with a population over 200,000 individuals. Requires the selection of congestion mitigation projects for a metropolitan planning area serving a transportation management area from an approved metropolitan long-range transportation plan and TIP. Requires states to develop statewide strategic long-range transportation plans and statewide TIPs. Directs the Secretary to develop a national strategic transportation plan for transportation projects (including major roadways, public transportation facilities, intercity bus facilities, multimodal and intermodal facilities, and intermodal connectors) that facilitate the development of: (1) a national transportation system, and (2) an integrated regional transportation system. Directs the Secretary to establish: (1) a national performance management system, and (2) certain core performance measures. Authorizes appropriations for NHTSA for: (1) highway safety programs, (2) the National Driver Register, and (3) administrative expenses. Revises highway safety program requirements. Revises the formula for the apportionment to states of highway safety funds to require specified percentages of funds going only to states that have enacted and are enforcing: (1) a primary safety belt use law, (2) an ignition interlock law, and (3) a graduated drivers licensing law. Directs the Secretary to require the governor of each state to develop for DOT approval a highway safety plan that includes: (1) certain quantifiable performance targets for traffic crashes and resulting fatalities and serious injuries; and (2) the state's strategy for using its funds apportionment for projects and activities that will allow the state to meet those performance targets. Repeals specified highway safety programs. Motor Carrier Safety, Efficiency, and Accountability Act of 2012 - Authorizes appropriations from the HTF (other than the Alternative Transportation Account) for FY2013-FY2016 for the Secretary to: (1) make grants to states for the development of commercial motor vehicle safety programs, and (2) pay administrative expense of the Federal Motor Carrier Safety Administration (FMCSA). Authorizes appropriations for: (1) the commercial driver's license (CDL) improvement grant program, and (2) the commercial vehicle information systems and networks deployment grant program. Revises commercial motor vehicle registration requirements. Requires the Secretary to issue a distinctive registration number to persons registered to provide transportation or service as a motor carrier, freight forwarder, or broker. Requires the Secretary to register a person to provide motor carrier services if, in addition to meeting other criteria, that person has also: (1) completed a DOT proficiency examination demonstrating knowledge of motor carrier safety regulations and requirements; (2) disclosed any relationship involving common stock, common ownership, common control, common management, or common familial relationship between the carrier and any other motor carrier in the three-years preceding the filing of an application for registration; and (3) been issued a DOT number. Authorizes the Secretary to register a person to provide transportation of household goods as a household goods motor carrier only after that person demonstrates: (1) the ability to comply with the DOT household goods consumer protection rules, and (2) knowledge of household goods motor carrier safety regulations and requirements through completion of a DOT proficiency examination. Requires the Secretary to register a person to provide service as a freight forwarder or to be a broker for transportation of property if that person is qualified by experience to act as one. Revises requirements for the registration as a motor carrier of freight forwarders and brokers. Authorizes the Secretary to deny, suspend, amend, or revoke the registration of a motor carrier, broker, or freight forwarder for failure to disclose in its application a material fact with respect to its ability to comply with federal law, regulations, or a registration condition. Prohibits two or more employers from using common ownership, common management, common control, or common familial relationship to avoid compliance, or conceal noncompliance or a history of noncompliance with commercial motor vehicle safety regulations or a DOT order. Revises financial security requirements for brokers and freight forwarders. Authorizes the Secretary to register a person as a broker or freight forwarder only if that person files with the Secretary a surety bond, proof of trust fund, or other financial security (or combination of them) to ensure financial responsibility of $100,000. Prohibits certain persons, including certain ocean freight forwarders, customs brokers, or indirect air carriers holding an approved Standard Security Program from providing interstate brokerage services unless the person: (1) is registered and in compliance with federal broker registration requirements, and (2) has satisfied federal financial security requirements. Authorizes an employer (or employee) to operate a commercial motor vehicle only if that employer is registered by the Secretary and receives a DOT number. Requires the Secretary to administer a motor carrier safety assistance program to make grants to states to develop motor carrier safety improvement programs and enforce federal and state commercial motor vehicle safety and hazardous materials transportation safety regulations, standards, and orders. Requires state plans to establish performance targets for enforcement activities and other benchmarks to reduce commercial motor vehicle fatalities and crashes. Requires the Secretary to carry out a performance and registration information systems management program to link federal motor carrier safety information systems with state commercial vehicle registration and licensing systems. Revises commercial motor vehicle driver safety fitness requirements. Directs the Secretary to require a safety review of newly registered commercial motor vehicle owners or operators that: (1) transport hazardous materials (hazmat) within 9 months after the beginning of operations, and (2) transport passengers within 90 days after the beginning of operations. Requires the Secretary to: (1) determine the safety fitness and assign a rating for each registered motorcoach owner and operator; and (2) establish a process for monitoring regularly the safety performance of each owner or operator following the assignment of a rating. Revises medical examiner requirements. Requires the Secretary to establish a national registry of medical examiners. Requires a medical examiner to pass an examination developed by the Secretary in order to be listed in the national registry. Directs the Secretary to issue safety standards for new motorcoaches with respect to: (1) occupant protection systems (including seatbelts) to protect against collisions and rollovers, (2) roof strength, (3) fire prevention and mitigation, and (4) emergency passenger evacuation. Directs the Secretary to revise window glazing standards for new motorcoaches to prevent passenger ejection. Directs the Secretary to establish a national clearinghouse for verified positive alcohol and controlled substance test results and test refusals or failures to comply with testing program requirements. Prohibits an employer from hiring an individual to operate a commercial motor vehicle or perform any other safety sensitive function unless the employer requests information from the clearinghouse that indicates, during the preceding three-year period, the individual: (1) did not violate testing program requirements; or (2) is eligible to return to safety sensitive duties, pursuant to an established return-to-duty process, after violating such requirements. Prescribes new and revises current penalties for violations of certain commercial motor vehicle drug and alcohol prohibitions and specified other requirements. Directs the Secretary to issue final regulations establishing minimum training requirements for commercial motor vehicle operators. Requires states to request information from the CDL information system concerning a CDL applicant from the drug and alcohol clearinghouse before renewing or issuing a CDL. Requires states to submit plans for complying with specified CDL program requirements to avoid the withholding of the state's apportionment of certain federal-aid highway funds. Requires states to have approved CDL program plans to receive a CDL program improvement grant. Prohibits the Secretary from requiring individuals with class A CDLs to obtain a hazmat endorsement to operate a truck carrying diesel fuel of 1,000 gallons or less if: (1) the fuel tank is clearly marked with a placard reading "Diesel Fuel," and (2) the individual is acting within the scope of employment as an employee of certain farm-related service industries. Directs the Secretary to establish accelerated licensing procedures to assist veterans to acquire CDLs. Directs the Secretary to conduct a field study of the efficacy of FMCSA's 2011 restart rule (the 34-hours of service [HOS] restart rule) with respect to commercial motor vehicle operators subject to federal maximum driving time requirements. Requires any regulations the Secretary issues regarding electronic logging devices to monitor compliance with HOS requirements to include specified performance standards. Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to extend through FY2017 FMCSA's Motor Carrier Safety Advisory Committee. Amends the Motor Carrier Safety Improvement Act of 1999 to revise exemptions from federal maximum driving and on-duty time motor carrier regulations for drivers transporting agricultural commodities and farm supplies during planting and harvest periods. Extends such exemptions to drivers transporting agricultural farm supplies between specified points within a 150-mile radius. Extends these exemptions also to drivers transporting grapes: (1) during a harvest period, and (2) to an area within 175 air-miles radius from the location where the grapes are picked or distributed. Exempts certain covered farm vehicles from commercial motor vehicle safety requirements relating to CDLs, drug testing, medical certificates, and HOS. Requires the Comptroller General to study the impact of federal motor carrier safety regulations on small trucking companies. Directs the Secretary to issue a rule to improve the daytime and nighttime visibility of agricultural equipment that may be operated on a public road. Prohibits the transportation of horses in a motor vehicle containing two or more levels stacked on top of each other. Authorizes appropriations for FY2013 and FY2016 for specified transportation research and education programs. Replaces the Surface Transportation Research Program with the Surface Transportation Research, Development, and Technology Program. Replaces the National Technology Deployment Program with the Research and Development Program. Authorizes the Secretary to establish centers for surface transportation excellence. Directs the Secretary to carry out a technology and innovation deployment program. Revises the intelligent transportation system (ITS) program. Directs the Secretary to carry out an ITS program to research and develop intelligent vehicles and intelligent infrastructure systems for application to U.S. surface transportation systems. Repeals the national university transportation centers grant program, as well as grants to specified Tier II centers. Extends the regional university transportation research center grant program through FY2013-FY2016. Repeals or revises certain intercity passenger rail capital grant programs. Amends the Passenger Rail Investment and Improvement Act of 2008 to authorize appropriations for FY2012-FY2013 for National Railroad Passenger Corporation (Amtrak) operations. Prohibits Amtrak from using federal funds to hire or contract with any outside legal professional to pursue any cause of action in federal or state court against a passenger rail service provider, including any action against a provider arising from a competitive bid process in which Amtrak and the provider participated. Allows Amtrak to provide food and beverage service on its trains only if the Federal Railroad Administration (FRA) selects a qualified bidder whose bid would result in the lowest cost, or the greatest source of revenue, to Amtrak. (Under current law, Amtrak may provide such services on its trains only if revenues from the services each year at least equal the cost of providing them.) Authorizes the FRA to exempt Amtrak from such requirement if no qualified bidder responds to FRA requests for proposals. Prescribes an environmental review process for freight or intercity passenger rail capital project development decisionmaking. Authorizes the federal lead agency (DOT), at project sponsor request, to adopt and use a planning product (decisionmaking process) that integrates the planning and environmental review process of a rail project in National Environmental Policy Act (NEPA) proceedings. Directs the Secretary to establish a program to eliminate duplicative state and federal environmental reviews and approvals of rail projects. Directs the Secretary to treat a rail project as a class of action categorically excluded (because not involving significant environmental impact) from environmental review requirements promulgated by the Council on Environmental Quality, if specified circumstances apply. Directs the Secretary to carry out a rail project delivery program. Makes high-speed rail facilities eligible for railroad rehabilitation and improvement direct loans and loan guarantees. Requires the Secretary to give priority to projects that enhance the installation of positive train control systems. Revises the railroad safety risk reduction program. Extends from December 31, 2015, to December 31, 2020, the deadline for submission to DOT by each Class I railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation of a plan for implementing a positive train control system on certain of its tracks. Authorizes such plans, in lieu of installing positive train control, to provide an alternative risk reduction strategy that would reduce the risk of release of poison- or toxic-by-inhalation hazmat to the same extent such risk of release would be reduced if positive train control were installed. Prescribes requirements for improving regulations issued by Federal Railroad Administration (FRA). Hazardous Material Transportation Safety, Efficiency, and Accountability Act of 2012 - Revises hazmat transportation safety requirements. Eliminates training grants for training instructors to train hazmat employees in the safe loading, unloading, handling, storing, and transporting of hazmat. Directs the Secretary to review implementation of the hazmat safety permit program. Authorizes the Secretary to make hazmat planning and training grants to states or Indian tribes in a fiscal year only if they certify that they are in compliance with certain fairness requirements for fees charged to transport hazmat. Prohibits the Secretary from denying an application for a modification or renewal of a special permit granting a variance from regulations for the safe transport of hazmat, or an application for party status to an existing special permit, for the sole reason that the applicant has a greater than national average hazmat out-of-service percentage. Directs the Secretary to issue regulations to implement the Uniform Motor Carrier Permit Program. Authorizes a designated DOT officer, employee, or agent to inspect a package for transportation if the officer, employee, or agent reasonably believes that the package may contain an undeclared hazmat and the inspection takes place at a properly equipped DOT-designated facility. Authorizes appropriations for FY2012-FY2016 for specified hazmat transportation safety programs. Directs the Secretary to establish pilot projects to evaluate the feasibility and cost effectiveness of electronic shipping paper systems. Requires DOT studies: (1) of the transportation of flammable liquids in the external product piping of cargo tank motor vehicles (wetlines); and (2) on whether it is necessary to continue to designate any amount or form of finished pharmaceutical, finished cosmetic, or similar product containing ethyl alcohol as a hazmat. Expresses the sense of Congress that: (1) the Harbor Maintenance Trust Fund is not being used for its intended purpose, (2) the Administration should request full use of the Fund for operating and maintaining the nation's navigation system, and (3) Congress should fully expend amounts in the Fund to operate and maintain such system. Sportfishing and Recreational Boating Safety Act of 2012 - Amends the Dingell-Johnson Sport Fish Restoration Act to continue through FY2016 the authorized distribution of funds under such Act for coastal wetlands, recreational boating safety, projects under the Clean Vessel Act of 19921, boating infrastructure projects, and the National Outreach and Communications Program. Extends the set-aside for administrative expenses for carrying out such projects. Earmarks amounts allocated to the Secretary for recreational boating safety programs for: (1) payment of expenses of the Coast Guard for personnel and related activities, and (2) National Boating Safety Advisory Council activities. Amends the Internal Revenue Code to extend through FY2016 authority for expenditures from the Sport Fish Restoration and Boating Trust Fund. Surface Transportation Extension Act of 2012 - Amends the Surface Transportation Extension Act of 2011, Part II to continue through FY2012, and authorizes appropriations through that date for, specified federal-aid highway programs under SAFETEA-LU, the SAFETEA-LU Technical Corrections Act of 2008, the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), and the Transportation Equity Act for the 21st Century. Includes among extended funds those for: (1) the surface transportation research, development, and deployment program; (2) training and education; (3) the Bureau of Transportation Statistics; (4) university transportation research; and (5) intelligent transportation systems (ITS) research. Subjects funding for such programs generally to the same manner of distribution, administration, limitation, and availability for obligation as funds authorized to be appropriated for such programs and activities out of the Highway Trust Fund (HTF) for FY2011. Subjects contract authority for such programs, however, to the same limitation on obligations included in any Act making appropriations for FY2012 or a portion of that fiscal year. Waives this obligation limitation, though, for emergency relief and for the equity bonus program. Extends the allocation of certain transportation program funds to: (1) states for specific programs, including the Interstate and National Highway System program, the Congestion Mitigation and Air Quality Improvement program, the highway safety improvement program, the Surface Transportation program, and the Highway Bridge program; and (2) the territories and Puerto Rico. Authorizes appropriations for administrative expenses of the federal-aid highway program through FY2012. Amends SAFETEA-LU to extend through that date the authorization of appropriations for specified NHTSA safety programs and FMCSA programs (including NHTSA and FMCSA administrative expenses). Extends through FY2012 the funding for hazmat research projects. Amends the Dingell-Johnson Sport Fish Restoration Act to continue through that date the authorized distribution of funds under such Act for coastal wetlands, recreational boating safety, projects under the Clean Vessel Act of 19921, boating infrastructure projects, and the National Outreach and Communications Program. Extends the set-aside for administrative expenses for carrying out such projects. Extends through FY2012 the allocation of capital investment grant funds for federal transit programs, including the metropolitan planning program and the state planning and research program. Extends the special rule authority of the Secretary to award urbanized area formula grants to finance the operating cost of equipment and facilities for use in public transportation in an urbanized area with a population of at least 200,000. Allocates through FY2012 certain amounts for formula and bus grants and capital investment grants for: (1) certain new fixed guideway capital projects; (2) new fixed guideway ferry systems and extension projects in Alaska and Hawaii; (3) payments to the Denali Commission for docks, waterfront development projects, and related transportation infrastructure; (4) ferry boats or ferry terminal facilities; (5) a set-aside for the national fuel cell bus technology development program; (6) projects in nonurbanized areas; (7) intermodal terminal projects; and (8) bus testing. Extends the apportionment of nonurbanized area formula grants for public transportation on Indian reservations. Eliminates the special rule for the apportionment for October 1, 2011, through June 30, 2012, of capital investment grant funds for certain fixed guideway modernization projects. Extends through FY2012 the authorization appropriations from the HTF Mass Transit Account for: (1) formula and bus grant projects, (2) capital investment grants, (3) transit research, and (4) administration expenses. Extends through FY2012 certain SAFETEA-LU programs, including: (1) the contracted paratransit pilot program, (2) the public-private partnership pilot program, (3) project authorizations for final design and construction and preliminary engineering of specified fixed guideway projects, and (4) the elderly individuals and individuals with disabilities pilot program. Extends certain allocations for national research and technology programs.