2012 Legislative Updates
2012
Surface Transportation Legislation
Currently, both chambers are set to consider surface transportation legislation next week. Both chambers have committed to having an open amendment process, so debate on the bills is likely to stretch out for some time.
Attached, please find a section by section analysis of HR 7 – the American Energy and Infrastructure Jobs Act of 2012, as well as a details account of the changes to MCSAP funding.
In addition, here is the official House summary of the bill.
CVSA staff is currently working with both House and Senate staff to address as many concerns as possible before legislation reaches the floor.
While the forward progress of both chambers is encouraging, doubts remain over Congress’s ability to reconcile the legislation, given the differences in length (2 years in the Senate, 5 years in the House), funding, and policy.
We’ll send more information as this continues to develop.
EOBRs
On Monday, FMCSA will post a Supplemental Notice of Proposed Rulemaking announcing the agency’s intent to move forward with the Electronic On-Board Recorders and Hours of Service Supporting Documents rulemaking. Moving forward, FMCSA intends to ‘hold
listening sessions on the issue of driver harassment; task the MCSAC Committee to assist in developing material to support this rulemaking, including technical specifications for EOBRs and their potential to be used to harass drivers; and conduct
research by surveying drivers, carriers, and vendors regarding harassment issues.’
The advance notice can be found here:
http://www.ofr.gov/OFRUpload/OFRData/2012-03265_PI.pdf
2012
House T&I Bill Introduced, Sees Highly Contentious Mark Up
The long awaited House Transportation & Infrastructure surface transportation authorization proposal has finally been released. On Tuesday, bill language was released to the public and a markup of the bill began this morning. The markup has been pretty contentious, with nearly 100 amendments offered from Members of both parties. Before I provide an initial summary, let me touch on the outlook for the bill moving forward.
Once the markup is completed, the bill will be partnered with funding provisions from the Ways & Means and Natural Resources Committees by the House Rules Committee. Currently, House leadership has indicated that it plans to have the bill on the House floor the week of February 17th. Meanwhile, the Senate continues to move forward with its version, with the Banking Committee (which handles the transit portions of the bill) also marking up today. No official date has been set for a Finance Committee markup – the portion of the bill responsible for providing the funding, obviously a critical piece. However, it seems likely that the relevant committees will complete their work in the coming weeks, setting both chambers up to move their legislation to the floor prior to the March 31st extension deadline.
However, even if both bills pass their chambers, and that’s still a big if, the two bills will have to be reconciled, no small task given the vast differences in the bills. Length, funding sources and policy all diverge dramatically in the bills.
Now on to a summary of the House bill – a brief summary follows. Please note that a much more comprehensive summary will be distributed once staff has had time to fully comprehend and analyze the bill.
First and foremost, the bill makes dramatic changes to the MCSAP safety funding. A draft assessment of the grant changes can be found here. CVSA staff continue to analyze the impact of these dramatic changes.
Further, the bill contains a number of policy changes of interest to CVSA members:
- Language calling for a size & weight limits study was added in markup
- Truck parking provisions
- Support for graduated licensing programs
- Provisions tightening motor carrier registration
- Targets chameleon carriers
- Tightens requirements for getting and maintaining a CDL
- Language on a National Registry of Medical Examiners
- Language on a National Drug & Alcohol Clearinghouse
- Requirements for CMV safety standards, including passenger protection provisions for passenger vehicles
- Requires the establishment of minimum training requirements for CMV operators
- Includes a field study of the efficacy of the new HOS restart provision and prevents enforcement of that provision until the report is complete
- Includes requirements for any future rules regarding EOBRs, calling for a standard user interface for law enforcement and secure data transfer, including transportability for law enforcement
The bill also contains a number of exemptions to HOS and other safety regulations for members of the agricultural community.
Again, this is a brief summary of the bill. More information will be sent out soon. CVSA staff is available to discuss particular provisions.
2012
2012 Legislative Update
Early next week, work will begin in earnest on Capitol Hill. The House was in session earlier this week, briefly, before heading out for their party retreats. The Senate comes back next week. Both chambers have committed publicly to completing work on the pending transportation authorization.
Only two of the four Senate committees responsible for portions of the bill have completed their work, Commerce and EPW, leaving Banking and Finance. Both committees have indicated that they are nearly ready to mark up their bills. Senator Reid has said that the authorization bill will be a top priority this year. However, there are other bills in line, including patent and internet legislation, as well as the long pending Federal Aviation Administration reauthorization. Consideration of the authorization on the Senate floor will likely have to wait until February at the earliest.
Meanwhile on the House side, neither committee, Transportation & Infrastructure and Ways & Means, has marked up a bill. T&I Chairman Mica has committed to having the bill in his committee ready to go by early to mid February, and Speaker Boehner has indicated he’d like to have the bill to the House floor by March, in order to complete work before the March 31st extension deadline.
While both chambers appear committed to moving legislation early and quickly, it’s likely that at least one more extension will be necessary, if only a short one to buy time to reconcile House and Senate language.
The first few months of 2012 should be busy.
