Details of House-Passed FY 2011 DOT Appropriations Bill, $4.1B More for Hwy Infrastructure

Although the House has approved H.R. 5850, it is not yet in effect. Generally, in order for a bill to be implemented, identical versions of that bill must be passed by both the House and Senate, and then the bill must be approved (enacted) by the President.

The Senate’s FY 2011 DOT appropriations bill (S. 3644) has been reported by the Senate Appropriations Committee, but has not been passed by the Senate.

The following are highlights of H.R. 5850 and the House Appropriations Committee’s report¹ (H. Rept. 111-564) on H.R. 5850.

Highway Infrastructure Programs Would Receive $4.1 Billion Increase

According to a House Appropriations Committee press release, H.R. 5850 would provide $45.2 billion for highway infrastructure programs, $4.1 billion above what was enacted in 2010.

The DOT’s 2008 Conditions and Performance Report indicates that an average annual investment of $105.6 billion from all levels of government is needed just to sustain the current conditions of U.S. highways and bridges and $174.6 billion is needed to improve the current system. Furthermore, the report of the National Surface Transportation Policy and Revenue Study Commission issued in December 2007 recommended investing $225 billion annually over the next 50 years to maintain, upgrade, and expand U.S. transportation networks.

Port Infrastructure, Highway, Freight Rail Infrastructure Funding Would Increase

H.R. 5850 would provide $400 million for capital investments in transportation infrastructure. Projects eligible for this funding include certain highway and bridge projects, freight rail transportation projects, and port infrastructure projects

FMCSA Funding Would Increase by $20 Million

H.R. 5850 would provide the Federal Motor Carrier Safety Administration (FMCSA) with $260 million, a $20 million increase over FY 2010 appropriations.

Funding still subject to certain U.S.-Mexico cross-border trucking conditions. H.R. 5850 states that funds in its appropriations would be subject to the terms and conditions stipulated in Section 350 of P.L. 107-87 and Section 6901 of P.L. 110-38 (regarding U.S.-Mexico cross-border trucking), including that the Secretary submit a report to the House and Senate Appropriations Committees on the safety and security of transportation into the U.S. by Mexico-domiciled motor carriers. (See ITT's Online Archives or 03/18/09 news, 09031805, for BP summary of FMCSA's formal termination of the U.S.-Mexico cross-border trucking pilot.)

Hazmat Intelligence Portal, Info System Would Receive Funding

H.R. 5850 would provide the Pipeline and Hazardous Materials Safety Administration (PHMSA) with $40 million to continue its hazardous materials safety functions, which is a little over $2 million above FY 2010 appropriations.

Hazmat Intelligence Portal. According to the House Appropriations Committee’s report, included within the hazmat program appropriation would be $2 million to fund the multimodal hazardous materials intelligence portal. The portal integrates inspection, incident, regulation, penalty, and other data collected by multiple administrations. Integrated data allows PHMSA and other users to develop comprehensive, risk-based strategies to identify emerging safety issues. The Committee notes that this system is used by and benefits the Federal Aviation Administration, FMCSA, the Federal Railroad Administration, as well as the U.S. Coast Guard.

Hazmat Information System. In its report, the House Appropriations Committee recommends $2.3 million in funding for the modernization of the hazardous materials information system. The Committee also encourages PHMSA to ensure that the hazardous materials information system, a web-based system is an integral tool used for daily hazardous materials operations, workflow, and document management, is searchable and useful and that the data is accurate and verified.

FMC Would Receive a Small Funding Increase

H.R. 5850 would provide $25 million for the Federal Maritime Commission, which is $1 million above the amount provided in fiscal year 2010.

Railroad Safety Technology Program Would Receive Increased Funding

H.R. 5850 would provide $75 million, $25 million above the amount enacted for 2010, to provide grants to help deploy positive train control systems, which perform a critical safety function on rail lines with mixed freight and passenger traffic. These funds will help train operators with the estimated $5.5 billion necessary for initial PTC system acquisition and implementation, which is required on all lines that jointly operate passenger and freight traffic by December 15, 2015.

MARAD Maritime Security Program Funding Would Remain Static

H.R. 5850 would provide $174 million for the Maritime Security Program, an amount equal to that enacted in FY 2010.

The purpose of the MSP is to maintain and preserve a U.S. flag merchant fleet to serve the national security needs of the U.S. The MSP provides direct payments to U.S. flagship operators engaged in U.S.-foreign trade. Participating operators are required to keep the vessels in active commercial service and are required to provide intermodal sealift support to the Department of Defense in times of war or national emergency.)

GAO Review of Congestion Pricing Road Projects

In its report, the House Appropriations Committee directs GAO to review congestion pricing road projects in the U.S. and to report on: (1) what research has been conducted on the benefits and results of congestion pricing road projects in the U.S.; (2) what conclusions this research has reached; and (3) how these congestion pricing projects have dealt with and overcome challenges, including traffic diversion and equity issues.

Funding Prohibition in Contravention of Iran Sanctions Certification Requirement

H.R. 5850 would prohibit its funds from being appropriated or otherwise made available by any covered executive agency in contravention of the new contractor certification requirement in section 6(b) of the Iran Sanctions Act of 1996.

(See ITT’s Online Archives or 06/30/10 news, 10063049, for detailed BP summary of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, which included the contractor certification.)

Buy American Act Funding Restrictions

H.R. 5850 includes various Buy American Act funding restrictions.

¹Although reports such as H. Rept. 111-564 do not have statutory force and departments and agencies are not legally bound by their declarations, they do explain congressional intent, and executive branch agencies take them seriously because they must justify their budget requests annually to the Appropriations Committees.

(See ITT’s Online Archives or 07/30/10 news, 10073032, for BP summary announcing the House passage of H.R. 5850. See ITT’s Online Archives or 07/12/10 news, 10071215, for BP summary on House Appropriations Committee’s approval of FY 2011 DOT appropriations bill for full Committee action.)