Of a perfecting nature.

SA 1761. Mr. REID proposed an amendment to the bill S. 1813, to
reauthorize Federal-aid highway and highway safety construction
programs, and for other purposes; as follows:

Strike all after the first word and insert the following:

1. SHORT TITLE; ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.

(a) Short Title.--This Act may be cited as the ``Moving
Ahead for Progress in the 21st Century Act'' or the ``MAP
21''.
(b) Divisions.--This Act is organized into 4 divisions as
follows:
(1) Division A Federal-aid Highways and Highway Safety
Construction Programs.
(2) Division B Public Transportation.
(3) Division C Transportation Safety and Surface
Transportation Policy.
(4) Division D Finance.
(c) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; organization of Act into divisions; table of
contents.

DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION
PROGRAMS

TITLE I--FEDERAL-AID HIGHWAYS

Subtitle A--Authorizations and Programs

Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.

[[Page S1211]]

Sec. 1103. Definitions.
Sec. 1104. National highway system.
Sec. 1105. Apportionment.
Sec. 1106. National highway performance program.
Sec. 1107. Emergency relief.
Sec. 1108. Transportation mobility program.
Sec. 1109. Workforce development.
Sec. 1110. Highway use tax evasion projects.
Sec. 1111. National bridge and tunnel inventory and inspection
standards.
Sec. 1112. Highway safety improvement program.
Sec. 1113. Congestion mitigation and air quality improvement program.
Sec. 1114. Territorial and Puerto Rico highway program.
Sec. 1115. National freight program.
Sec. 1116. Federal lands and tribal transportation programs.
Sec. 1117. Alaska Highway.
Sec. 1118. Projects of national and regional significance.

Subtitle B--Performance Management

Sec. 1201. Metropolitan transportation planning.
Sec. 1202. Statewide and nonmetropolitan transportation planning.
Sec. 1203. National goals.

Subtitle C--Acceleration of Project Delivery

Sec. 1301. Project delivery initiative.
Sec. 1302. Clarified eligibility for early acquisition activities prior
to completion of NEPA review.
Sec. 1303. Efficiencies in contracting.
Sec. 1304. Innovative project delivery methods.
Sec. 1305. Assistance to affected State and Federal agencies.
Sec. 1306. Application of categorical exclusions for multimodal
projects.
Sec. 1307. State assumption of responsibilities for categorical
exclusions.
Sec. 1308. Surface transportation project delivery program.
Sec. 1309. Categorical exclusion for projects within the right-of-way.
Sec. 1310. Programmatic agreements and additional categorical
exclusions.
Sec. 1311. Accelerated decisionmaking in environmental reviews.
Sec. 1312. Memoranda of agency agreements for early coordination.
Sec. 1313. Accelerated decisionmaking.
Sec. 1314. Environmental procedures initiative.
Sec. 1315. Alternative relocation payment demonstration program.
Sec. 1316. Review of Federal project and program delivery.

Subtitle D--Highway Safety

Sec. 1401. Jason's Law.
Sec. 1402. Open container requirements.
Sec. 1403. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
Sec. 1404. Adjustments to penalty provisions.
Sec. 1405. Highway worker safety.
Sec. 1406. Guardrail safety and cost study.

Subtitle E--Miscellaneous

Sec. 1501. Program efficiencies.
Sec. 1502. Project approval and oversight.
Sec. 1503. Standards.
Sec. 1504. Construction.
Sec. 1505. Maintenance.
Sec. 1506. Federal share payable.
Sec. 1507. Transferability of Federal-aid highway funds.
Sec. 1508. Special permits during periods of national emergency.
Sec. 1509. Electric vehicle charging stations.
Sec. 1510. HOV facilities.
Sec. 1511. Construction equipment and vehicles.
Sec. 1512. Use of debris from demolished bridges and overpasses.
Sec. 1513. Extension of public transit vehicle exemption from axle
weight restrictions.
Sec. 1514. Uniform Relocation Assistance Act amendments.
Sec. 1515. Use of youth service and conservation corps.
Sec. 1516. Consolidation of programs; repeal of obsolete provisions.
Sec. 1517. Rescissions.
Sec. 1518. State autonomy for culvert pipe selection.
Sec. 1519. Effective and significant performance measures.
Sec. 1520. Requirements for eligible bridge projects.
Sec. 1521. Idle reduction technology.
Sec. 1522. Report on Highway Trust Fund expenditures.
Sec. 1523. Evacuation routes.
Sec. 1524. Defense access road program enhancements to address
transportation infrastructure in the vicinity of military
installations.
Sec. 1525. Express lanes demonstration program.
Sec. 1526. Treatment of historic signs.
Sec. 1527. Consolidation of grants.

TITLE II--RESEARCH AND EDUCATION

Subtitle A--Funding

Sec. 2101. Authorization of appropriations.

Subtitle B--Research, Technology, and Education

Sec. 2201. Research, technology, and education.
Sec. 2202. Surface transportation research, development, and
technology.
Sec. 2203. Research and technology development and deployment.
Sec. 2204. Training and education.
Sec. 2205. State planning and research.
Sec. 2206. International highway transportation program.
Sec. 2207. Surface transportation environmental cooperative research
program.
Sec. 2208. National cooperative freight research.
Sec. 2209. University transportation centers program.
Sec. 2210. Bureau of transportation statistics.
Sec. 2211. Administrative authority.
Sec. 2212. Transportation research and development strategic planning.
Sec. 2213. National electronic vehicle corridors and recharging
infrastructure network.

Subtitle C--Intelligent Transportation Systems Research

Sec. 2301. Use of funds for ITS activities.
Sec. 2302. Goals and purposes.
Sec. 2303. General authorities and requirements.
Sec. 2304. Research and development.
Sec. 2305. National architecture and standards.
Sec. 2306. Vehicle-to-vehicle and vehicle-to-infrastructure
communications systems deployment.

TITLE III--AMERICA FAST FORWARD FINANCING INNOVATION

Sec. 3001. Short title.
Sec. 3002. Transportation Infrastructure Finance and Innovation Act
amendments.
Sec. 3003. State infrastructure banks.

TITLE IV--HIGHWAY SPENDING CONTROLS

Sec. 4001. Highway spending controls.

DIVISION B--PUBLIC TRANSPORTATION

Sec. 20001. Short title.
Sec. 20002. Repeals.
Sec. 20003. Policies, purposes, and goals.
Sec. 20004. Definitions.
Sec. 20005. Metropolitan transportation planning.
Sec. 20006. Statewide and nonmetropolitan transportation planning.
Sec. 20007. Public Transportation Emergency Relief Program.
Sec. 20008. Urbanized area formula grants.
Sec. 20009. Clean fuel grant program.
Sec. 20010. Fixed guideway capital investment grants.
Sec. 20011. Formula grants for the enhanced mobility of seniors and
individuals with disabilities.
Sec. 20012. Formula grants for other than urbanized areas.
Sec. 20013. Research, development, demonstration, and deployment
projects.
Sec. 20014. Technical assistance and standards development.
Sec. 20015. Bus testing facilities.
Sec. 20016. Public transportation workforce development and human
resource programs.
Sec. 20017. General provisions.
Sec. 20018. Contract requirements.
Sec. 20019. Transit asset management.
Sec. 20020. Project management oversight.
Sec. 20021. Public transportation safety.
Sec. 20022. Alcohol and controlled substances testing.
Sec. 20023. Nondiscrimination.
Sec. 20024. Labor standards.
Sec. 20025. Administrative provisions.
Sec. 20026. National transit database.
Sec. 20027. Apportionment of appropriations for formula grants.
Sec. 20028. State of good repair grants.
Sec. 20029. Authorizations.
Sec. 20030. Apportionments based on growing States and high density
States formula factors.
Sec. 20031. Technical and conforming amendments.

DIVISION C--TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY

TITLE I--MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF 2012

Sec. 31001. Short title.
Sec. 31002. Definition.

Subtitle A--Highway Safety

Sec. 31101. Authorization of appropriations.
Sec. 31102. Highway safety programs.
Sec. 31103. Highway safety research and development.
Sec. 31104. National driver register.
Sec. 31105. Combined occupant protection grants.
Sec. 31106. State traffic safety information system improvements.
Sec. 31107. Impaired driving countermeasures.
Sec. 31108. Distracted driving grants.
Sec. 31109. High visibility enforcement program.
Sec. 31110. Motorcyclist safety.
Sec. 31111. Driver alcohol detection system for safety research.
Sec. 31112. State graduated driver licensing laws.
Sec. 31113. Agency accountability.
Sec. 31114. Emergency medical services.

Subtitle B--Enhanced Safety Authorities

Sec. 31201. Definition of motor vehicle equipment.
Sec. 31202. Permit reminder system for non-use of safety belts.
Sec. 31203. Civil penalties.
Sec. 31204. Motor vehicle safety research and development.
Sec. 31205. Rental truck accident study.
Sec. 31206. Odometer requirements.

[[Page S1212]]

Sec. 31207. Increased penalties and damages for odometer fraud.
Sec. 31208. Extend prohibitions on importing noncompliant vehicles and
equipment to defective vehicles and equipment.
Sec. 31209. Financial responsibility requirements for importers.
Sec. 31210. Conditions on importation of vehicles and equipment.
Sec. 31211. Port inspections; samples for examination or testing.

Subtitle C--Transparency and Accountability

Sec. 31301. Improved National Highway Traffic Safety Administration
vehicle safety database.
Sec. 31302. National Highway Traffic Safety Administration hotline for
manufacturer, dealer, and mechanic personnel.
Sec. 31303. Consumer notice of software updates and other
communications with dealers.
Sec. 31304. Public availability of early warning data.
Sec. 31305. Corporate responsibility for National Highway Traffic
Safety Administration reports.
Sec. 31306. Passenger motor vehicle information program.
Sec. 31307. Promotion of vehicle defect reporting.
Sec. 31308. Whistleblower protections for motor vehicle manufacturers,
part suppliers, and dealership employees.
Sec. 31309. Anti-revolving door.
Sec. 31310. Study of crash data collection.
Sec. 31311. Update means of providing notification; improving efficacy
of recalls.
Sec. 31312. Expanding choices of remedy available to manufacturers of
replacement equipment.
Sec. 31313. Recall obligations and bankruptcy of manufacturer.
Sec. 31314. Repeal of insurance reports and information provision.
Sec. 31315. Monroney sticker to permit additional safety rating
categories.

Subtitle D--Vehicle Electronics and Safety Standards

Sec. 31401. National Highway Traffic Safety Administration electronics,
software, and engineering expertise.
Sec. 31402. Vehicle stopping distance and brake override standard.
Sec. 31403. Pedal placement standard.
Sec. 31404. Electronic systems performance standard.
Sec. 31405. Pushbutton ignition systems standard.
Sec. 31406. Vehicle event data recorders.
Sec. 31407. Prohibition on electronic visual entertainment in driver's
view.
Sec. 31408. Commercial motor vehicle rollover prevention and crash
mitigation.

Subtitle E--Child Safety Standards

Sec. 31501. Child safety seats.
Sec. 31502. Child restraint anchorage systems.
Sec. 31503. Rear seat belt reminders.
Sec. 31504. Unattended passenger reminders.
Sec. 31505. New deadline.

Subtitle F--Improved Daytime and Nighttime Visibility of Agricultural
Equipment

Sec. 31601. Rulemaking on visibility of agricultural equipment.

TITLE II--COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 2012

Sec. 32001. Short title.
Sec. 32002. References to title 49, United States Code.

Subtitle A--Commercial Motor Vehicle Registration

Sec. 32101. Registration of motor carriers.
Sec. 32102. Safety fitness of new operators.
Sec. 32103. Reincarnated carriers.
Sec. 32104. Financial responsibility requirements.
Sec. 32105. USDOT number registration requirement.
Sec. 32106. Registration fee system.
Sec. 32107. Registration update.
Sec. 32108. Increased penalties for operating without registration.
Sec. 32109. Revocation of registration for imminent hazard.
Sec. 32110. Revocation of registration and other penalties for failure
to respond to subpoena.
Sec. 32111. Fleetwide out of service order for operating without
required registration.
Sec. 32112. Motor carrier and officer patterns of safety violations.
Sec. 32113. Federal successor standard.

Subtitle B--Commercial Motor Vehicle Safety

Sec. 32201. Repeal of commercial jurisdiction exception for brokers of
motor carriers of passengers.
Sec. 32202. Bus rentals and definition of employer.
Sec. 32203. Crashworthiness standards.
Sec. 32204. Canadian safety rating reciprocity.
Sec. 32205. State reporting of foreign commercial driver convictions.
Sec. 32206. Authority to disqualify foreign commercial drivers.
Sec. 32207. Revocation of foreign motor carrier operating authority for
failure to pay civil penalties.

Subtitle C--Driver Safety

Sec. 32301. Electronic on-board recording devices.
Sec. 32302. Safety fitness.
Sec. 32303. Driver medical qualifications.
Sec. 32304. Commercial driver's license notification system.
Sec. 32305. Commercial motor vehicle operator training.
Sec. 32306. Commercial driver's license program.
Sec. 32307. Commercial driver's license requirements.
Sec. 32308. Commercial motor vehicle driver information systems.
Sec. 32309. Disqualifications based on non-commercial motor vehicle
operations.
Sec. 32310. Federal driver disqualifications.
Sec. 32311. Employer responsibilities.
Sec. 32312. Improving and expediting safety assessments in the
commercial driver's license application process for
members and former members of the Armed Forces.

Subtitle D--Safe Roads Act of 2012

Sec. 32401. Short title.
Sec. 32402. National clearinghouse for controlled substance and alcohol
test results of commercial motor vehicle operators.
Sec. 32403. Drug and alcohol violation sanctions.
Sec. 32404. Authorization of appropriations.

Subtitle E--Enforcement

Sec. 32501. Inspection demand and display of credentials.
Sec. 32502. Out of service penalty for denial of access to records.
Sec. 32503. Penalties for violation of operation out of service orders.
Sec. 32504. Minimum prohibition on operation for unfit carriers.
Sec. 32505. Minimum out of service penalties.
Sec. 32506. Impoundment and immobilization of commercial motor vehicles
for imminent hazard.
Sec. 32507. Increased penalties for evasion of regulations.
Sec. 32508. Failure to pay civil penalty as a disqualifying offense.
Sec. 32509. Violations relating to commercial motor vehicle safety
regulation and operators.
Sec. 32510. Emergency disqualification for imminent hazard.
Sec. 32511. Intrastate operations of interstate motor carriers.
Sec. 32512. Enforcement of safety laws and regulations.
Sec. 32513. Disclosure to State and local law enforcement agencies.

Subtitle F--Compliance, Safety, Accountability

Sec. 32601. Compliance, safety, accountability.
Sec. 32602. Performance and registration information systems management
program.
Sec. 32603. Commercial motor vehicle defined.
Sec. 32604. Driver safety fitness ratings.
Sec. 32605. Uniform electronic clearance for commercial motor vehicle
inspections.
Sec. 32606. Authorization of appropriations.
Sec. 32607. High risk carrier reviews.
Sec. 32608. Data and technology grants.
Sec. 32609. Driver safety grants.
Sec. 32610. Commercial vehicle information systems and networks.

Subtitle G--Motorcoach Enhanced Safety Act of 2012

Sec. 32701. Short title.
Sec. 32702. Definitions.
Sec. 32703. Regulations for improved occupant protection, passenger
evacuation, and crash avoidance.
Sec. 32704. Standards for improved fire safety.
Sec. 32705. Occupant protection, collision avoidance, fire causation,
and fire extinguisher research and testing.
Sec. 32706. Motorcoach registration.
Sec. 32707. Improved oversight of motorcoach service providers.
Sec. 32708. Report on feasibility, benefits, and costs of establishing
a system of certification of training programs.
Sec. 32709. Report on driver's license requirements for 9- to 15-
passenger vans.
Sec. 32710. Event data recorders.
Sec. 32711. Safety inspection program for commercial motor vehicles of
passengers.
Sec. 32712. Distracted driving.
Sec. 32713. Regulations.

Subtitle H--Safe Highways and Infrastructure Preservation

Sec. 32801. Comprehensive truck size and weight limits study.
Sec. 32802. Compilation of existing State truck size and weight limit
laws.

Subtitle I--Miscellaneous

PART I--Miscellaneous

Sec. 32911. Detention time study.
Sec. 32912. Prohibition of coercion.
Sec. 32913. Motor carrier safety advisory committee.
Sec. 32914. Waivers, exemptions, and pilot programs.
Sec. 32915. Registration requirements.
Sec. 32916. Additional motor carrier registration requirements.

[[Page S1213]]

Sec. 32917. Registration of freight forwarders and brokers.
Sec. 32918. Effective periods of registration.
Sec. 32919. Financial security of brokers and freight forwarders.
Sec. 32920. Unlawful brokerage activities.

PART II--Household Goods Transportation

Sec. 32921. Additional registration requirements for household goods
motor carriers.
Sec. 32922. Failure to give up possession of household goods.
Sec. 32923. Settlement authority.
Sec. 32924. Household goods transportation assistance program.
Sec. 32925. Household goods consumer education program.

PART III--Technical Amendments

Sec. 32931. Update of obsolete text.
Sec. 32932. Correction of interstate commerce commission references.
Sec. 32933. Technical and conforming amendments.

TITLE III--SURFACE TRANSPORTATION AND FREIGHT POLICY ACT OF 2012

Sec. 33001. Short title.
Sec. 33002. Establishment of a national surface transportation and
freight policy.
Sec. 33003. Surface transportation and freight strategic plan.
Sec. 33004. Transportation investment data and planning tools.
Sec. 33005. Port infrastructure development initiative.
Sec. 33006. Safety for motorized and nonmotorized users.

TITLE IV--HAZARDOUS MATERIALS TRANSPORTATION SAFETY IMPROVEMENT ACT OF
2012

Sec. 34001. Short title.
Sec. 34002. Definition.
Sec. 34003. References to title 49, United States Code.
Sec. 34004. Training for emergency responders.
Sec. 34005. Paperless Hazard Communications Pilot Program.
Sec. 34006. Improving data collection, analysis, and reporting.
Sec. 34007. Loading and unloading of hazardous materials.
Sec. 34008. Hazardous material technical assessment, research and
development, and analysis program.
Sec. 34009. Hazardous Material Enforcement Training Program.
Sec. 34010. Inspections.
Sec. 34011. Civil penalties.
Sec. 34012. Reporting of fees.
Sec. 34013. Special permits, approvals, and exclusions.
Sec. 34014. Highway routing disclosures.
Sec. 34015. Authorization of appropriations.

TITLE V--RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION
REAUTHORIZATION ACT OF 2012

Sec. 35001. Short title.
Sec. 35002. National Cooperative Freight Research Program.
Sec. 35003. Bureau of Transportation Statistics.
Sec. 35004. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure
communications systems deployment.
Sec. 35005. Administrative authority.
Sec. 35006. Prize authority.
Sec. 35007. Transportation research and development.
Sec. 35008. Use of funds for intelligent transportation systems
activities.
Sec. 35009. Authorization of appropriations.

TITLE VI--NATIONAL RAIL SYSTEM PRESERVATION, EXPANSION, AND DEVELOPMENT
ACT OF 2012

Sec. 36001. Short title.
Sec. 36002. References to title 49, United States Code.

Subtitle A--Federal and State Roles in Rail Planning and Development
Tools

Sec. 36101. Rail plans.
Sec. 36102. Improved data on delay.
Sec. 36103. Data and modeling.
Sec. 36104. Shared-use corridor study.
Sec. 36105. Cooperative equipment pool.
Sec. 36106. Project management oversight and planning.
Sec. 36107. Improvements to the Capital Assistance Programs.
Sec. 36108. Liability.
Sec. 36109. Disadvantaged business enterprises.
Sec. 36110. Workforce development.
Sec. 36111. Veterans employment.

Subtitle B--Amtrak

Sec. 36201. State-supported routes.
Sec. 36202. Northeast corridor infrastructure and operations advisory
commission.
Sec. 36203. Northeast corridor high-speed rail improvement plan.
Sec. 36204. Northeast corridor environmental review process.
Sec. 36205. Delegation authority.
Sec. 36206. Amtrak inspector general.
Sec. 36207. Compensation for private-sector use of Federally-funded
assets.
Sec. 36208. On-time performance.
Sec. 36209. Board of directors.

Subtitle C--Rail Safety Improvements

Sec. 36301. Positive train control.
Sec. 36302. Additional eligibility for railroad rehabilitation and
improvement financing.
Sec. 36303. FCC study of spectrum availability.

Subtitle D--Freight Rail

Sec. 36401. Rail line relocation.
Sec. 36402. Compilation of complaints.
Sec. 36403. Maximum relief in certain rate cases.
Sec. 36404. Rate review timelines.
Sec. 36405. Revenue adequacy study.
Sec. 36406. Quarterly reports.
Sec. 36407. Workforce review.
Sec. 36408. Railroad rehabilitation and improvement financing.

Subtitle E--Technical Corrections

Sec. 36501. Technical corrections.
Sec. 36502. Condemnation authority.

Subtitle F--Licensing and Insurance Requirements for Passenger Rail
Carriers

Sec. 36601. Certification of passenger rail carriers.

TITLE VII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY ACT
OF 2012

Sec. 37001. Short title.
Sec. 37002. Amendment of Federal Aid in Sport Fish Restoration Act.

DIVISION D--FINANCE

Sec. 40001. Short title.

TITLE I--EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY AND
RELATED TAXES

Sec. 40101. Extension of trust fund expenditure authority.
Sec. 40102. Extension of highway-related taxes.

TITLE II--OTHER PROVISIONS

Sec. 40201. Temporary increase in small issuer exception to tax-exempt
interest expense allocation rules for financial
institutions.
Sec. 40202. Temporary modification of alternative minimum tax
limitations on tax-exempt bonds.
Sec. 40203. Issuance of TRIP bonds by State infrastructure banks.
Sec. 40204. Extension of parity for exclusion from income for employer-
provided mass transit and parking benefits.
Sec. 40205. Exempt-facility bonds for sewage and water supply
facilities.

TITLE III--REVENUE PROVISIONS

Sec. 40301. Transfer from Leaking Underground Storage Tank Trust Fund
to Highway Trust Fund.
Sec. 40302. Portion of Leaking Underground Storage Tank Trust Fund
financing rate transferred to Highway Trust Fund.
Sec. 40303. Transfer of gas guzzler taxes to Highway Trust Fund.
Sec. 40304. Revocation or denial of passport in case of certain unpaid
taxes.
Sec. 40305. 100 percent continuous levy on payments to Medicare
providers and suppliers.
Sec. 40306. Transfer of amounts attributable to certain duties on
imported vehicles into the Highway Trust Fund.
Sec. 40307. Treatment of securities of a controlled corporation
exchanged for assets in certain reorganizations.
Sec. 40308. Internal Revenue Service levies and Thrift Savings Plan
Accounts.
Sec. 40309. Depreciation and amortization rules for highway and related
property subject to long-term leases.
Sec. 40310. Extension for transfers of excess pension assets to retiree
health accounts.
Sec. 40311. Transfer of excess pension assets to retiree group term
life insurance accounts.
Sec. 40312. Pension funding stabilization.

SEC. 2. DEFINITIONS.

In this Act, the following definitions apply:
(1) Department.--The term ``Department'' means the
Department of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.

DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION
PROGRAMS

TITLE I--FEDERAL-AID HIGHWAYS

Subtitle A--Authorizations and Programs

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) Federal-aid highway program.--For the national highway
performance program under section 119 of title 23, United
States Code, the transportation mobility program under
section 133 of that title, the highway safety improvement
program under section 148 of that title, the congestion
mitigation and air quality improvement program under section
149 of that title, the national freight program under section
167 of that title, and to carry out section 134 of that
title--
(A) $39,143,000,000 for fiscal year 2012; and
(B) $39,806,000,000 for fiscal year 2013.
(2) Transportation infrastructure finance and innovation
program.--For credit assistance under the transportation
infrastructure finance and innovation program under chapter 6
of title 23, United States Code, $1,000,000,000 for each of
fiscal years 2012 and 2013.
(3) Federal lands and tribal transportation programs.--
(A) Tribal transportation program.--For the tribal
transportation program under section 202 of title 23, United
States Code, $450,000,000 for each of fiscal years 2012 and
2013.

[[Page S1214]]

(B) Federal lands transportation program.--For the Federal
lands transportation program under section 203 of title 23,
United States Code, $300,000,000 for each of fiscal years
2012 and 2013, of which $260,000,000 of the amount made
available for each fiscal year shall be the amount for the
National Park Service and the United States Fish and Wildlife
Service.
(C) Federal lands access program.--For the Federal lands
access program under section 204 of title 23, United States
Code, $250,000,000 for each of fiscal years 2012 and 2013.
(4) Territorial and puerto rico highway program.--For the
territorial and Puerto Rico highway program under section 165
of title 23, United States Code, $180,000,000 for each of
fiscal years 2012 and 2013.
(b) Disadvantaged Business Enterprises.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--
(i) In general.--The term ``small business concern'' means
a small business concern (as the term is used in section 3 of
the Small Business Act (15 U.S.C. 632)).
(ii) Exclusions.--The term ``small business concern'' does
not include any concern or group of concerns controlled by
the same socially and economically disadvantaged individual
or individuals that have average annual gross receipts during
the preceding 3 fiscal years in excess of $22,410,000, as
adjusted annually by the Secretary for inflation.
(B) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' means--
(i) women; and
(ii) any other socially and economically disadvantaged
individuals (as the term is used in section 8(d) of the Small
Business Act (15 U.S.C. 637(d)) and relevant subcontracting
regulations promulgated pursuant to that Act).
(2) Amounts for small business concerns.--Except to the
extent that the Secretary determines otherwise, not less than
10 percent of the amounts made available for any program
under divisions A and B of this Act and section 403 of title
23, United States Code, shall be expended through small
business concerns owned and controlled by socially and
economically disadvantaged individuals.
(3) Annual listing of disadvantaged business enterprises.--
Each State shall annually--
(A) survey and compile a list of the small business
concerns referred to in paragraph (2) in the State, including
the location of the small business concerns in the State; and
(B) notify the Secretary, in writing, of the percentage of
the small business concerns that are controlled by--
(i) women;
(ii) socially and economically disadvantaged individuals
(other than women); and
(iii) individuals who are women and are otherwise socially
and economically disadvantaged individuals.
(4) Uniform certification.--
(A) In general.--The Secretary shall establish minimum
uniform criteria for use by State governments in certifying
whether a concern qualifies as a small business concern for
the purpose of this subsection.
(B) Inclusions.--The minimum uniform criteria established
under subparagraph (A) shall include, with respect to a
potential small business concern--
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of principal owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(5) Reporting.--The Secretary shall establish minimum
requirements for use by State governments in reporting to the
Secretary--
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) such other information as the Secretary determines to
be appropriate for the proper monitoring of the disadvantaged
business enterprise program.
(6) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an individual or entity
to receive funds made available under divisions A and B of
this Act and section 403 of title 23, United States Code, if
the entity or person is prevented, in whole or in part, from
complying with paragraph (2) because a Federal court issues a
final order in which the court finds that a requirement or
the implementation of paragraph (2) is unconstitutional.

SEC. 1102. OBLIGATION CEILING.

(a) General Limitation.--Subject to subsection (e), and
notwithstanding any other provision of law, the obligations
for Federal-aid highway and highway safety construction
programs shall not exceed--
(1) $41,564,000,000 for fiscal year 2012; and
(2) $42,227,000,000 for fiscal year 2013.
(b) Exceptions.--The limitations under subsection (a) shall
not apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
(10) section 105 of title 23, United States Code (but, for
each of fiscal years 2005 through 2011, only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially
made available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2012 through 2013, only in an amount
equal to $639,000,000 for each of those fiscal years).
(c) Distribution of Obligation Authority.--For each of
fiscal years 2012 through 2013, the Secretary--
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway
and highway safety construction programs for previous fiscal
years the funds for which are allocated by the Secretary;
(3) shall determine the proportion that--
(A) the obligation authority provided by subsection (a) for
the fiscal year, less the aggregate of amounts not
distributed under paragraphs (1) and (2) of this subsection;
bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for the fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed
under paragraphs (1) and (2), for each of the programs that
are allocated by the Secretary under this Act and title 23,
United States Code (other than to programs to which paragraph
(1) applies), by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for the fiscal year; and
(5) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed
under paragraphs (1) and (2) and the amounts distributed
under paragraph (4), for Federal-aid highway and highway
safety construction programs that are apportioned by the
Secretary under title 23, United States Code (other than the
amounts apportioned for the national highway performance
program in section 119 of title 23, United States Code, that
are exempt from the limitation under subsection (b)(12)) in
the proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for the fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for the fiscal year.
(d) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (c), the Secretary shall, after
August 1 of each of fiscal years 2012 through 2013--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 144 (as in effect on the day before the date of
enactment of this Act) and 104 of title 23, United States
Code.

[[Page S1215]]

(e) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply
to contract authority for transportation research programs
carried out under--
(A) chapter 5 of title 23, United States Code; and
(B) title II of this Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(f) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation authority under subsection (c) for
each of fiscal years 2012 through 2013, the Secretary shall
distribute to the States any funds that--
(A) are authorized to be appropriated for the fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States, and will not be available for obligation, for the
fiscal year because of the imposition of any obligation
limitation for the fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (c)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(c) of title 23, United States Code.
(4) Exceptions.--This subsection shall not apply to funds
provided for the tribal transportation program under section
202 of title 23, United States Code.

SEC. 1103. DEFINITIONS.

(a) Definitions.--Section 101(a) of title 23, United States
Code, is amended--
(1) by striking paragraphs (6), (7), (9), (12), (19), (20),
(24), (25), (26), (28), (38), and (39);
(2) by redesignating paragraphs (2), (3), (4), (5), (8),
(13), (14), (15), (16), (17), (18), (21), (22), (23), (27),
(29), (30), (31), (32), (33), (34), (35), (36), and (37) as
paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15),
(16), (17), (18), (19), (20), (21), (22), (23), (24), (25),
(26), (28), (29), (33), and (34), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Asset management.--The term `asset management' means
a strategic and systematic process of operating, maintaining,
and improving physical assets, with a focus on both
engineering and economic analysis based upon quality
information, to identify a structured sequence of
maintenance, preservation, repair, rehabilitation, and
replacement actions that will achieve and sustain a desired
state of good repair over the lifecycle of the assets at
minimum practicable cost.'';
(4) in paragraph (4) (as redesignated by paragraph (2))--
(A) in the matter preceding subparagraph (A), by inserting
``or any project eligible for assistance under this title''
after ``of a highway'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) preliminary engineering, engineering, and design-
related services directly relating to the construction of a
highway project, including engineering, design, project
development and management, construction project management
and inspection, surveying, mapping (including the
establishment of temporary and permanent geodetic control in
accordance with specifications of the National Oceanic and
Atmospheric Administration), and architectural-related
services;'';
(C) in subparagraph (B)--
(i) by inserting ``reconstruction,'' before
``resurfacing''; and
(ii) by striking ``and rehabilitation'' and inserting
``rehabilitation, and preservation'';
(D) in subparagraph (E) by striking ``railway'' and
inserting ``railway-highway''; and
(E) in subparagraph (F) by striking ``obstacles'' and
inserting ``hazards'';
(5) in paragraph (6) (as so redesignated)--
(A) by inserting ``public'' before ``highway eligible'';
and
(B) by inserting ``functionally'' before ``classified'';
(6) by inserting after paragraph (6) (as so redesignated)
the following:
``(7) Federal lands access transportation facility.--The
term `Federal Lands access transportation facility' means a
public highway, road, bridge, trail, or transit system that
is located on, is adjacent to, or provides access to Federal
lands for which title or maintenance responsibility is vested
in a State, county, town, township, tribal, municipal, or
local government.
``(8) Federal lands transportation facility.--The term
`Federal lands transportation facility' means a public
highway, road, bridge, trail, or transit system that is
located on, is adjacent to, or provides access to Federal
lands for which title and maintenance responsibility is
vested in the Federal Government, and that appears on the
national Federal lands transportation facility inventory
described in section 203(c).'';
(7) in paragraph (11)(B) by inserting ``including public
roads on dams'' after ``drainage structure'';
(8) in paragraph (14) (as so redesignated)--
(A) by striking ``as a'' and inserting ``as an air
quality''; and
(B) by inserting ``air quality'' before ``attainment
area'';
(9) in paragraph (18) (as so redesignated) by striking ``an
undertaking to construct a particular portion of a highway,
or if the context so implies, the particular portion of a
highway so constructed or any other undertaking'' and
inserting ``any undertaking'';
(10) in paragraph (19) (as so redesignated)--
(A) by striking ``the State transportation department
and''; and
(B) by inserting ``and the recipient'' after ``Secretary'';
(11) by striking paragraph (23) (as so redesignated) and
inserting the following:
``(23) Safety improvement project.--The term `safety
improvement project' means a strategy, activity, or project
on a public road that is consistent with the State strategic
highway safety plan and corrects or improves a roadway
feature that constitutes a hazard to road users or addresses
a highway safety problem.'';
(12) by inserting after paragraph (26) (as so redesignated)
the following:
``(27) State strategic highway safety plan.--The term
`State strategic highway safety plan' has the same meaning
given such term in section 148(a).'';
(13) by striking paragraph (29) (as so redesignated) and
inserting the following:
``(29) Transportation enhancement activity.--The term
`transportation enhancement activity' means any of the
following activities when carried out as part of any program
or project authorized or funded under this title, or as an
independent program or project related to surface
transportation:
``(A) Provision of facilities for pedestrians and bicycles.
``(B) Provision of safety and educational activities for
pedestrians and bicyclists.
``(C) Acquisition of scenic easements and scenic or
historic sites.
``(D) Scenic or historic highways and bridges.
``(E) Vegetation management practices in transportation
rights-of-way and other activities eligible under section
319.
``(F) Historic preservation, rehabilitation, and operation
of historic transportation buildings, structures, or
facilities.
``(G) Preservation of abandoned railway corridors,
including the conversion and use of the corridors for
pedestrian or bicycle trails.
``(H) Inventory, control, and removal of outdoor
advertising.
``(I) Archaeological planning and research.
``(J) Any environmental mitigation activity, including
pollution prevention and pollution abatement activities and
mitigation to--
``(i) address stormwater management, control, and water
pollution prevention or abatement related to highway
construction or due to highway runoff, including activities
described in sections 133(b)(11), 328(a), and 329; or
``(ii) reduce vehicle-caused wildlife mortality or to
restore and maintain connectivity among terrestrial or
aquatic habitats.''; and
(14) by inserting after paragraph (29) (as so redesignated)
the following:
``(30) Transportation systems management and operations.--
``(A) In general.--The term `transportation systems
management and operations' means integrated strategies to
optimize the performance of existing infrastructure through
the implementation of multimodal and intermodal, cross-
jurisdictional systems, services, and projects designed to
preserve capacity and improve security, safety, and
reliability of the transportation system.
``(B) Inclusions.--The term `transportation systems
management and operations' includes--
``(i) actions such as traffic detection and surveillance,
corridor management, freeway management, arterial management,
active transportation and demand management, work zone
management, emergency management, traveler information
services, congestion pricing, parking management, automated
enforcement, traffic control, commercial vehicle operations,
freight management, and coordination of highway, rail,
transit, bicycle, and pedestrian operations; and
``(ii) coordination of the implementation of regional
transportation system management and operations investments
(such as traffic incident management, traveler information
services, emergency management, roadway weather management,
intelligent transportation systems, communication networks,
and information sharing systems) requiring agreements,
integration, and interoperability to achieve targeted system
performance, reliability, safety, and customer service
levels.
``(31) Tribal transportation facility.--The term `tribal
transportation facility' means a public highway, road,
bridge, trail, or transit system that is located on or
provides access to tribal land and appears on the national
tribal transportation facility inventory described in section
202(b)(1).
``(32) Truck stop electrification system.--The term `truck
stop electrification system' means a system that delivers
heat, air conditioning, electricity, or communications to a
heavy-duty vehicle.''.
(b) Sense of Congress.--Section 101(c) of title 23, United
States Code, is amended by striking ``system'' and inserting
``highway''.

[[Page S1216]]

SEC. 1104. NATIONAL HIGHWAY SYSTEM.

(a) In General.--Section 103 of title 23, United States
Code, is amended to read as follows:

``Sec.  103. National highway system

``(a) In General.--For the purposes of this title, the
Federal-aid system is the National Highway System, which
includes the Interstate System.
``(b) National Highway System.--
``(1) Description.--The National Highway System consists of
the highway routes and connections to transportation
facilities that shall--
``(A) serve major population centers, international border
crossings, ports, airports, public transportation facilities,
and other intermodal transportation facilities and other
major travel destinations;
``(B) meet national defense requirements; and
``(C) serve interstate and interregional travel and
commerce.
``(2) Components.--The National Highway System described in
paragraph (1) consists of the following:
``(A) The National Highway System depicted on the map
submitted by the Secretary of Transportation to Congress with
the report entitled `Pulling Together: The National Highway
System and its Connections to Major Intermodal Terminals' and
dated May 24, 1996, and modifications approved by the
Secretary before the date of enactment of the MAP 21.
``(B) Other urban and rural principal arterial routes, and
border crossings on those routes, that were not included on
the National Highway System before the date of enactment of
the MAP 21.
`` ``(C) Other connector highways (including toll
facilities) that were not included in the National Highway
System before the date of enactment of the MAP 21 but that
provide motor vehicle access between arterial routes on the
National Highway System and a major intermodal transportation
facility.
``(D) A strategic highway network that--
``(i) consists of a network of highways that are important
to the United States strategic defense policy, that provide
defense access, continuity, and emergency capabilities for
the movement of personnel, materials, and equipment in both
peacetime and wartime, and that were not included on the
National Highway System before the date of enactment of the
MAP 21;
``(ii) may include highways on or off the Interstate
System; and
``(iii) shall be designated by the Secretary, in
consultation with appropriate Federal agencies and the
States.
``(E) Major strategic highway network connectors that--
``(i) consist of highways that provide motor vehicle access
between major military installations and highways that are
part of the strategic highway network but were not included
on the National Highway System before the date of enactment
of the MAP 21; and
``(ii) shall be designated by the Secretary, in
consultation with appropriate Federal agencies and the
States.
``(3) Modifications to nhs.--
``(A) In general.--The Secretary may make any modification,
including any modification consisting of a connector to a
major intermodal terminal, to the National Highway System
that is proposed by a State if the Secretary determines that
the modification--
``(i) meets the criteria established for the National
Highway System under this title after the date of enactment
of the MAP 21; and
``(ii) enhances the national transportation characteristics
of the National Highway System.
``(B) Cooperation.--
``(i) In general.--In proposing a modification under this
paragraph, a State shall cooperate with local and regional
officials.
``(ii) Urbanized areas.--In an urbanized area, the local
officials shall act through the metropolitan planning
organization designated for the area under section 134.
``(c) Interstate System.--
``(1) Description.--
``(A) In general.--The Dwight D. Eisenhower National System
of Interstate and Defense Highways within the United States
(including the District of Columbia and Puerto Rico) consists
of highways designed, located, and selected in accordance
with this paragraph.
``(B) Design.--
``(i) In general.--Except as provided in clause (ii),
highways on the Interstate System shall be designed in
accordance with the standards of section 109(b).
``(ii) Exception.--Highways on the Interstate System in
Alaska and Puerto Rico shall be designed in accordance with
such geometric and construction standards as are adequate for
current and probable future traffic demands and the needs of
the locality of the highway.
``(C) Location.--Highways on the Interstate System shall be
located so as--
``(i) to connect by routes, as direct as practicable, the
principal metropolitan areas, cities, and industrial centers;
``(ii) to serve the national defense; and
``(iii) to the maximum extent practicable, to connect at
suitable border points with routes of continental importance
in Canada and Mexico.
``(D) Selection of routes.--To the maximum extent
practicable, each route of the Interstate System shall be
selected by joint action of the State transportation
departments of the State in which the route is located and
the adjoining States, in cooperation with local and regional
officials, and subject to the approval of the Secretary.
``(2) Maximum mileage.--The mileage of highways on the
Interstate System shall not exceed 43,000 miles, exclusive of
designations under paragraph (4).
``(3) Modifications.--The Secretary may approve or require
modifications to the Interstate System in a manner consistent
with the policies and procedures established under this
subsection.
``(4) Interstate system designations.--
``(A) Additions.--If the Secretary determines that a
highway on the National Highway System meets all standards of
a highway on the Interstate System and that the highway is a
logical addition or connection to the Interstate System, the
Secretary may, upon the affirmative recommendation of the
State or States in which the highway is located, designate
the highway as a route on the Interstate System.
``(B) Designations as future interstate system routes.--
``(i) In general.--Subject to clauses (ii) through (vi), if
the Secretary determines that a highway on the National
Highway System would be a logical addition or connection to
the Interstate System and would qualify for designation as a
route on the Interstate System under subparagraph (A) if the
highway met all standards of a highway on the Interstate
System, the Secretary may, upon the affirmative
recommendation of the State or States in which the highway is
located, designate the highway as a future Interstate System
route.
``(ii) Written agreement.--A designation under clause (i)
shall be made only upon the written agreement of each State
described in that clause that the highway will be constructed
to meet all standards of a highway on the Interstate System
by not later than the date that is 25 years after the date of
the agreement.
``(iii) Failure to complete construction.--If a State
described in clause (i) has not substantially completed the
construction of a highway designated under this subparagraph
by the date specified in clause (ii), the Secretary shall
remove the designation of the highway as a future Interstate
System route.
``(iv) Effect of removal.--Removal of the designation of a
highway under clause (iii) shall not preclude the Secretary
from designating the highway as a route on the Interstate
System under subparagraph (A) or under any other provision of
law providing for addition to the Interstate System.
``(v) Retroactive effect.--An agreement described in clause
(ii) that is entered into before August 10, 2005, shall be
deemed to include the 25-year time limitation described in
that clause, regardless of any earlier construction
completion date in the agreement.
``(vi) References.--No law, rule, regulation, map,
document, or other record of the United States, or of any
State or political subdivision of a State, shall refer to any
highway designated as a future Interstate System route under
this subparagraph, and no such highway shall be signed or
marked, as a highway on the Interstate System, until such
time as the highway--

``(I) is constructed to the geometric and construction
standards for the Interstate System; and
``(II) has been designated as a route on the Interstate
System.

``(C) Financial responsibility.--Except as provided in this
title, the designation of a highway under this paragraph
shall create no additional Federal financial responsibility
with respect to the highway.
``(5) Exemption of interstate system.--
``(A) In general.--Except as provided in subparagraph (B),
the Interstate System shall not be considered to be a
historic site under section 303 of title 49 or section 138 of
this title, regardless of whether the Interstate System or
portions or elements of the Interstate System are listed on,
or eligible for listing on, the National Register of Historic
Places.
``(B) Individual elements.--Subject to subparagraph (C)--
``(i) the Secretary shall determine, through the
administrative process established for exempting the
Interstate System from section 106 of the National Historic
Preservation Act (16 U.S.C. 470f), those individual elements
of the Interstate System that possess national or exceptional
historic significance (such as a historic bridge or a highly
significant engineering feature); and
``(ii) those elements shall be considered to be historic
sites under section 303 of title 49 or section 138 of this
title, as applicable.
``(C) Construction, maintenance, restoration, and
rehabilitation activities.--Subparagraph (B) does not
prohibit a State from carrying out construction, maintenance,
preservation, restoration, or rehabilitation activities for a
portion of the Interstate System referred to in subparagraph
(B) upon compliance with section 303 of title 49 or section
138 of this title, as applicable, and section 106 of the
National Historic Preservation Act (16 U.S.C. 470f).''.
(b) Inclusion of Certain Route Segments on Interstate
System.--
(1) In general.--Section 1105(e)(5)(A) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
2031; 109 Stat. 597; 115 Stat. 872) is amended--

[[Page S1217]]

(A) in the first sentence, by striking ``and in subsections
(c)(18) and (c)(20)'' and inserting ``, in subsections
(c)(18) and (c)(20), and in subparagraphs (A)(iii) and (B) of
subsection (c)(26)''; and
(B) in the second sentence, by striking ``that the
segment'' and all that follows through the period and
inserting ``that the segment meets the Interstate System
design standards approved by the Secretary under section
109(b) of title 23, United States Code, and is planned to
connect to an existing Interstate System segment by the date
that is 25 years after the date of enactment of the MAP
21.''.
(2) Route designation.--Section 1105(e)(5)(C)(i) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2032; 109 Stat. 598) is amended by adding at the end
the following: ``The routes referred to subparagraphs
(A)(iii) and (B)(i) of subsection (c)(26) are designated as
Interstate Route I-11.''.
(c) Conforming Amendments.--
(1) Analysis.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating
to section 103 and inserting the following:

``103. National highway system.''.
(2) Section 113.--Section 113 of title 23, United States
Code, is amended--
(A) in subsection (a) by striking ``the Federal-aid
systems'' and inserting ``Federal-aid highways''; and
(B) in subsection (b), in the first sentence, by striking
``of the Federal-aid systems'' and inserting ``Federal-aid
highway''.
(3) Section 123.--Section 123(a) of title 23, United States
Code, is amended in the first sentence by striking ``Federal-
aid system'' and inserting ``Federal-aid highway''.
(4) Section 217.--Section 217(b) of title 23, United States
Code, is amended in the subsection heading by striking
``National Highway System'' and inserting ``National Highway
Performance Program''.
(5) Section 304.--Section 304 of title 23, United States
Code, is amended in the first sentence by striking ``the
Federal-aid highway systems'' and inserting ``Federal-aid
highways''.
(6) Section 317.--Section 317(d) of title 23, United States
Code is amended by striking ``system'' and inserting
``highway''.

SEC. 1105. APPORTIONMENT.

(a)  In General.--Section 104 of title 23, United States
Code, is amended to read as follows:

``Sec.  104. Apportionment

``(a) Administrative Expenses.--
``(1) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to be made available to the Secretary for
administrative expenses of the Federal Highway Administration
$480,000,000 for each of fiscal years 2012 and 2013.
``(2) Purposes.--The amounts authorized to be appropriated
by this subsection shall be used--
``(A) to administer the provisions of law to be funded from
appropriations for the Federal-aid highway program and
programs authorized under chapter 2;
``(B) to make transfers of such sums as the Secretary
determines to be appropriate to the Appalachian Regional
Commission for administrative activities associated with the
Appalachian development highway system; and
``(C) to reimburse, as appropriate, the Office of Inspector
General of the Department of Transportation for the conduct
of annual audits of financial statements in accordance with
section 3521 of title 31.
``(3) Availability.--The amounts made available under
paragraph (1) shall remain available until expended.
``(b) Division of State Apportionments Among Programs.--The
Secretary shall distribute the amount apportioned to a State
for a fiscal year under subsection (c) among the national
highway performance program, the transportation mobility
program, the highway safety improvement program, the
congestion mitigation and air quality improvement program,
and the national freight program, and to carry out section
134 as follows:
``(1) National highway performance program.--For the
national highway performance program, 58 percent of the
amount remaining after distributing amounts under paragraphs
(4) and (6).
``(2) Transportation mobility program.--For the
transportation mobility program, 29.3 percent of the amount
remaining after distributing amounts under paragraphs (4) and
(6).
``(3) Highway safety improvement program.--For the highway
safety improvement program, 7 percent of the amount remaining
after distributing amounts under paragraphs (4) and (6).
``(4) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality
improvement program, an amount determined by multiplying the
amount determined for the State under subsection (c) by the
proportion that--
``(A) the amount apportioned to the State for the
congestion mitigation and air quality improvement program for
fiscal year 2009, plus 10 percent of the amount apportioned
to the State for the surface transportation program for that
fiscal year; bears to
``(B) the total amount of funds apportioned to the State
for that fiscal year for the programs referred to in section
105(a)(2) (except for the high priority projects program
referred to in section 105(a)(2)(H)), as in effect on the day
before the date of enactment of the MAP 21.
``(5) National freight program.--For the national freight
program, 5.7 percent of the amount remaining after
distributing amounts under paragraphs (4) and (6).
``(6) Metropolitan planning.--To carry out section 134, an
amount determined by multiplying the amount determined for
the State under subsection (c) by the proportion that--
``(A) the amount apportioned to the State to carry out
section 134 for fiscal year 2009; bears to
``(B) the total amount of funds apportioned to the State
for that fiscal year for the programs referred to in section
105(a)(2) (except for the high priority projects program
referred to in section 105(a)(2)(H)), as in effect on the day
before the date of enactment of the MAP 21.
``(c) Calculation of State Amounts.--
``(1) State share.--The amount for each State of combined
apportionments for the national highway performance program
under section 119, the transportation mobility program under
section 133, the highway safety improvement program under
section 148, the congestion mitigation and air quality
improvement program under section 149, the national freight
program under section 167, and to carry out section 134 shall
be determined as follows:
``(A) Initial amount.--The initial amount for each State
shall be determined by multiplying the total amount available
for apportionment by the share for each State which shall be
equal to the proportion that--
``(i) the amount of apportionments and allocations that the
State received for fiscal years 2005 through 2009; bears to
``(ii) the amount of those apportionments and allocations
received by all States for those fiscal years.
``(B) Adjustments to amounts.--The initial amounts
resulting from the calculation under subparagraph (A) shall
be adjusted to ensure that, for each State, the amount of
combined apportionments for the programs shall not be less
than 95 percent of the estimated tax payments attributable to
highway users in the State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the most recent
fiscal year for which data are available.
``(2) State apportionment.--On October 1 of each fiscal
year, the Secretary shall apportion the sum authorized to be
appropriated for expenditure on the national highway
performance program under section 119, the transportation
mobility program under section 133, the highway safety
improvement program under section 148, the congestion
mitigation and air quality improvement program under section
149, the national freight program under section 167, and to
carry out section 134 in accordance with paragraph (1).
``(d) Metropolitan Planning.--
``(1) Use of amounts.--
``(A) Use.--
``(i) In general.--Except as provided in clause (ii), the
amounts apportioned to a State under subsection (b)(6) shall
be made available by the State to the metropolitan planning
organizations responsible for carrying out section 134 in the
State.
``(ii) States receiving minimum apportionment.--A State
that received the minimum apportionment for use in carrying
out section 134 for fiscal year 2009 may, subject to the
approval of the Secretary, use the funds apportioned under
subsection (b)(6) to fund transportation planning outside of
urbanized areas.
``(B) Unused funds.--Any funds that are not used to carry
out section 134 may be made available by a metropolitan
planning organization to the State to fund activities under
section 135.
``(2) Distribution of amounts within states.--
``(A) In general.--The distribution within any State of the
planning funds made available to organizations under
paragraph (1) shall be in accordance with a formula that--
``(i) is developed by each State and approved by the
Secretary; and
``(ii) takes into consideration, at a minimum, population,
status of planning, attainment of air quality standards,
metropolitan area transportation needs, and other factors
necessary to provide for an appropriate distribution of funds
to carry out section 134 and other applicable requirements of
Federal law.
``(B) Reimbursement.--Not later than 15 business days after
the date of receipt by a State of a request for reimbursement
of expenditures made by a metropolitan planning organization
for carrying out section 134, the State shall reimburse, from
amounts distributed under this paragraph to the metropolitan
planning organization by the State, the metropolitan planning
organization for those expenditures.
``(3) Determination of population figures.--For the purpose
of determining population figures under this subsection, the
Secretary shall use the latest available data from the
decennial census conducted under section 141(a) of title 13,
United States Code.
``(e) Certification of Apportionments.--
``(1) In general.--The Secretary shall--
``(A) on October 1 of each fiscal year, certify to each of
the State transportation departments the amount that has been
apportioned to the State under this section for the fiscal
year; and

[[Page S1218]]

``(B) to permit the States to develop adequate plans for
the use of amounts apportioned under this section, advise
each State of the amount that will be apportioned to the
State under this section for a fiscal year not later than 90
days before the beginning of the fiscal year for which the
sums to be apportioned are authorized.
``(2) Notice to states.--If the Secretary has not made an
apportionment under this section for a fiscal year beginning
after September 30, 1998, by not later than the date that is
the twenty-first day of that fiscal year, the Secretary shall
submit, by not later than that date, to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, a written statement of the reason for
not making the apportionment in a timely manner.
``(3) Apportionment calculations.--
``(A) In general.--The calculation of official
apportionments of funds to the States under this title is a
primary responsibility of the Department and shall be carried
out only by employees (and not contractors) of the
Department.
``(B) Prohibition on use of funds to hire contractors.--
None of the funds made available under this title shall be
used to hire contractors to calculate the apportionments of
funds to States.
``(f) Transfer of Highway and Transit Funds.--
``(1) Transfer of highway funds for transit projects.--
``(A) In general.--Subject to subparagraph (B), amounts
made available for transit projects or transportation
planning under this title may be transferred to and
administered by the Secretary in accordance with chapter 53
of title 49.
``(B) Non-federal share.--The provisions of this title
relating to the non-Federal share shall apply to the amounts
transferred under subparagraph (A).
``(2) Transfer of transit funds for highway projects.--
``(A) In general.--Subject to subparagraph (B), amounts
made available for highway projects or transportation
planning under chapter 53 of title 49 may be transferred to
and administered by the Secretary in accordance with this
title.
``(B) Non-federal share.--The provisions of chapter 53 of
title 49 relating to the non-Federal share shall apply to
amounts transferred under subparagraph (A).
``(3) Transfer of funds among states or to federal highway
administration.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may, at the request of a State, transfer amounts
apportioned or allocated under this title to the State to
another State, or to the Federal Highway Administration, for
the purpose of funding 1 or more projects that are eligible
for assistance with amounts so apportioned or allocated.
``(B) Apportionment.--The transfer shall have no effect on
any apportionment of amounts to a State under this section.
``(C) Funds suballocated to urbanized areas.--Amounts that
are apportioned or allocated to a State under subsection
(b)(3) (as in effect on the day before the date of enactment
of the MAP 21) or subsection (b)(2) and attributed to an
urbanized area of a State with a population of more than
200,000 individuals under section 133(d) may be transferred
under this paragraph only if the metropolitan planning
organization designated for the area concurs, in writing,
with the transfer request.
``(4) Transfer of obligation authority.--Obligation
authority for amounts transferred under this subsection shall
be transferred in the same manner and amount as the amounts
for the projects that are transferred under this section.''
``(g) Report to Congress.--For each fiscal year, the
Secretary shall make available to the public, in a user-
friendly format via the Internet, a report that describes--
``(1) the amount obligated, by each State, for Federal-aid
highways and highway safety construction programs during the
preceding fiscal year;
``(2) the balance, as of the last day of the preceding
fiscal year, of the unobligated apportionment of each State
by fiscal year under this section;
``(3) the balance of unobligated sums available for
expenditure at the discretion of the Secretary for such
highways and programs for the fiscal year; and
``(4) the rates of obligation of funds apportioned or set
aside under this section, according to--
``(A) program;
``(B) funding category of subcategory;
``(C) type of improvement;
``(D) State; and
``(E) sub-State geographical area, including urbanized and
rural areas, on the basis of the population of each such
area.''.
(b) Conforming Amendment.--Section 146(a) of title 23,
United States Code, is amended by striking ``sections
104(b)(l) and 104(b)(3)'' and inserting ``section
104(b)(2)''.

SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

(a) In General.--Section 119 of title 23, United States
Code, is amended to read as follows:

``Sec.  119. National highway performance program

``(a) Establishment.--The Secretary shall establish and
implement a national highway performance program under this
section.
``(b) Purposes.--The purposes of the national highway
performance program shall be--
``(1) to provide support for the condition and performance
of the National Highway System; and
``(2) to ensure that investments of Federal-aid funds in
highway construction are directed to support progress toward
the achievement of performance targets for infrastructure
condition and performance.
``(c) Eligible Facilities.--Except as provided in
subsection (d), to be eligible for funding apportioned under
section 104(b)(1) to carry out this section, a facility shall
be located on the National Highway System, as defined in
section 103.
``(d) Eligible Projects.--Funds apportioned to a State to
carry out the national highway performance program may be
obligated only for a project on an eligible facility that
is--
``(1) a project, or is part of a program of projects,
supporting progress toward the achievement of national
performance goals for improving infrastructure condition,
safety, mobility, or freight movement on the National Highway
System and consistent with sections 134 and 135; and
``(2) for 1 or more of the following purposes:
``(A) Construction, reconstruction, resurfacing,
restoration, rehabilitation, preservation, or operational
improvement of segments of the National Highway System.
``(B) Construction, replacement (including replacement with
fill material), rehabilitation, preservation, and protection
(including scour countermeasures, seismic retrofits, impact
protection measures, security countermeasures, and protection
against extreme events) of bridges on the National Highway
System.
``(C) Construction, replacement (including replacement with
fill material), rehabilitation, preservation, and protection
(including impact protection measures, security
countermeasures, and protection against extreme events) of
tunnels on the National Highway System.
``(D) Inspection and evaluation, as described in section
144, of bridges and tunnels on the National Highway System,
and inspection and evaluation of other highway infrastructure
assets on the National Highway System, including signs and
sign structures, earth retaining walls, and drainage
structures.
``(E) Training of bridge and tunnel inspectors, as
described in section 144.
``(F) Construction, rehabilitation, or replacement of
existing ferry boats and ferry boat facilities, including
approaches, that connect road segments of the National
Highway System.
``(G) Construction, reconstruction, resurfacing,
restoration, rehabilitation, and preservation of, and
operational improvements for, a Federal-aid highway not on
the National Highway System, and construction of a transit
project eligible for assistance under chapter 53 of title 49,
if--
``(i) the highway project or transit project is in the same
corridor as, and in proximity to, a fully access-controlled
highway designated as a part of the National Highway System;
``(ii) the construction or improvements will reduce delays
or produce travel time savings on the fully access-controlled
highway described in clause (i) and improve regional traffic
flow; and
``(iii) the construction or improvements are more cost-
effective, as determined by benefit-cost analysis, than an
improvement to the fully access-controlled highway described
in clause (i).
``(H) Bicycle transportation and pedestrian walkways in
accordance with section 217.
``(I) Highway safety improvements for segments of the
National Highway System.
``(J) Capital and operating costs for traffic and traveler
information monitoring, management, and control facilities
and programs.
``(K) Development and implementation of a State asset
management plan for the National Highway System in accordance
with this section, including data collection, maintenance,
and integration and the cost associated with obtaining,
updating, and licensing software and equipment required for
risk-based asset management and performance-based management.
``(L) Infrastructure-based intelligent transportation
systems capital improvements.
``(M) Environmental restoration and pollution abatement in
accordance with section 328.
``(N) Control of noxious weeds and aquatic noxious weeds
and establishment of native species in accordance with
section 329.
``(O) In accordance with all applicable Federal law
(including regulations), participation in natural habitat and
wetlands mitigation efforts relating to projects funded under
this title, which may include participation in natural
habitat and wetlands mitigation banks, contributions to
statewide and regional efforts to conserve, restore, enhance,
and create natural habitats and wetlands, and development of
statewide and regional natural habitat and wetlands
conservation and mitigation plans, including any such banks,
efforts, and plans developed in accordance with applicable
Federal law (including regulations), on the conditions that--
``(i) contributions to those mitigation efforts may--

``(I) take place concurrent with or in advance of project
construction; and
``(II) occur in advance of project construction only if the
efforts are consistent with

[[Page S1219]]

all applicable requirements of Federal law (including
regulations) and State transportation planning processes; and

``(ii) with respect to participation in a natural habitat
or wetland mitigation effort relating to a project funded
under this title that has an impact that occurs within the
service area of a mitigation bank, preference is given, to
the maximum extent practicable, to the use of the mitigation
bank if the bank contains sufficient available credits to
offset the impact and the bank is approved in accordance with
applicable Federal law (including regulations).
``(P) Replacement (including replacement with fill
material), rehabilitation, preservation, and protection
(including scour countermeasures, seismic retrofits, impact
protection measures, security countermeasures, and protection
against extreme events) of bridges on Federal-aid highways
(other than on the National Highway System).
``(e) Limitation on New Capacity.--
``(1) In general.--Except as provided in paragraph (2), the
maximum amount that a State may obligate under this section
for projects under subparagraphs (G) and (P) of subsection
(d)(2) and that is attributable to the portion of the cost of
any project undertaken to expand the capacity of eligible
facilities on the National Highway System, in a case in which
the new capacity consists of 1 or more new travel lanes that
are not high-occupancy vehicle lanes, shall not, in total,
exceed 40 percent of the combined apportionments of a State
under section 104(b)(1) for the most recent 3 consecutive
years.
``(2) Exception.--Paragraph (1) shall not apply to a
project for the construction of auxiliary lanes and turning
lanes or widening of a bridge during rehabilitation or
replacement to meet current geometric, construction, and
structural standards for the types and volumes of projected
traffic over the design life of the project.
``(f) State Performance Management.--
``(1) In general.--A State shall develop a risk-based asset
management plan for the National Highway System to improve or
preserve asset condition and system performance.
``(2) Performance driven plan.--A State asset management
plan shall include strategies leading to a program of
projects that would make progress toward achievement of the
State targets for asset condition and performance of the
National Highway System in accordance with paragraph (5) and
supporting the progress toward the achievement of the
national goals identified in section 150.
``(3) Plan contents.--A State asset management plan shall,
at a minimum, be in a form that the Secretary determines to
be appropriate and include--
``(A) a summary listing of the pavement and bridge assets
on the National Highway System in the State, including a
description of the condition of those assets;
``(B) asset management objectives and measures;
``(C) performance gap identification;
``(D) lifecycle cost and risk management analysis;
``(E) a financial plan; and
``(F) investment strategies.
``(4) Standards and measures.--
``(A) In general.--Subject to subparagraph (B), not later
than 18 months after the date of enactment of the MAP 21, the
Secretary shall, in consultation with State departments of
transportation and other stakeholders, establish--
``(i) minimum standards for States to use in developing and
operating pavement management systems and bridge management
systems;
``(ii) measures for States to use to assess--

``(I) the condition of pavements on the Interstate system;
``(II) the condition of pavements on the National Highway
System (excluding the Interstate);
``(III) the condition of bridges on the National Highway
System;
``(IV) the performance of the Interstate System; and
``(V) the performance of the National Highway System
(excluding the Interstate System);

``(iii) the data elements that are necessary to collect and
maintain data, and a standardized process for collection and
sharing of data with appropriate governmental entities at the
Federal, State, and local levels (including metropolitan
planning organizations), to carry out paragraph (5); and
``(iv) minimum levels for--

``(I) the condition of pavement on the Interstate System;
and
``(II) the condition of bridges on the National Highway
System.

``(B) State participation.--In carrying out subparagraph
(A), the Secretary shall--
``(i) provide States not less than 90 days to comment on
any regulation proposed by the Secretary under that
subparagraph; and
``(ii) take into consideration any comments of the States
relating to a proposed regulation received during that
comment period.
``(5) State performance targets.--
``(A) Establishment of targets.--Not later than 1 year
after the date on which the Secretary promulgates final
regulations under paragraph (4), each State, in consultation
with metropolitan planning organizations, shall establish
targets that address each of the performance measures
identified in paragraph (4)(A)(ii).
``(B) Periodic updates.--Each State shall periodically
update the targets established under subparagraph (A).
``(6) Requirement for plan.--To obligate funding
apportioned under section 104(b)(1), each State shall have in
effect--
``(A) a risk-based asset management plan for the National
Highway System in accordance with this section, developed
through a process defined and approved by the Secretary; and
``(B) State targets that address the performance measures
identified in paragraph (4)(B).
``(7) Certification of plan development process.--
``(A) In general.--Not later than 90 days after the date on
which a State submits a request for approval of the process
used by the State to develop the State asset management plan
for the National Highway System, the Secretary shall--
``(i) review the process; and
``(ii)(I) certify that the process meets the requirements
established by the Secretary; or
``(II) deny certification and specify actions necessary for
the State to take to correct deficiencies in the State
process.
``(B) Recertification.--Not less often than every 4 years,
the Secretary shall review and recertify that the process
used by a State to develop and maintain the State asset
management plan for the National Highway System meets the
requirements for the process, as established by the
Secretary.
``(C) Opportunity to cure.--If the Secretary denies
certification under subparagraph (A), the Secretary shall
provide the State with--
``(i) not less than 90 days to cure the deficiencies of the
plan, during which time period all penalties and other legal
impacts of a denial of certification shall be stayed; and
``(ii) a written statement of the specific actions the
Secretary determines to be necessary for the State to cure
the plan.
``(8) Performance reports.--
``(A) In general.--Not later than 4 years after the date of
enactment of the MAP 21 and biennially thereafter, a State
shall submit to the Secretary a report that describes--
``(i) the condition and performance of the National Highway
System in the State;
``(ii) progress in achieving State targets for each of the
performance measures for the National Highway System; and
``(iii) the effectiveness of the investment strategy
documented in the State asset management plan for the
National Highway System.
``(B) Failure to achieve targets.--A State that does not
achieve or make significant progress toward achieving the
targets of the State for performance measures described in
subparagraph (A)(ii) for 2 consecutive reports submitted
under this paragraph shall include in the next report
submitted a description of the actions the State will
undertake to achieve the targets.
``(9) Process.--Not later than 18 months after the date of
enactment of the MAP 21, the Secretary shall, by regulation
and in consultation with State departments of transportation,
establish the process to develop the State asset management
plan described in paragraph (1) and establish the standards
and measures described in paragraph (4).
``(g) Interstate System and NHS Bridge Conditions.--
``(1) Condition of interstate system.--
``(A) Penalty.--If, during 2 consecutive reporting periods,
the condition of the Interstate System, excluding bridges on
the Interstate System, in a State falls below the minimum
condition level established by the Secretary under subsection
(f)(4)(A)(iv), the State shall be required, during the
following fiscal year--
``(i) to obligate, from the amounts apportioned to the
State under section 104(b)(1), an amount that is not less
than the amount of funds apportioned to the State for fiscal
year 2009 under the Interstate maintenance program for the
purposes described in this section (as in effect on the day
before the date of enactment of the MAP 21), except that for
each year after fiscal year 2013, the amount required to be
obligated under this clause shall be increased by 2 percent
over the amount required to be obligated in the previous
fiscal year; and
``(ii) to transfer, from the amounts apportioned to the
State under section 104(b)(2) (other than amounts
suballocated to metropolitan areas and other areas of the
State under section 133(d)) to the apportionment of the State
under section 104(b)(1), an amount equal to 10 percent of the
amount of funds apportioned to the State for fiscal year 2009
under the Interstate maintenance program for the purposes
described in this section (as in effect on the day before the
date of enactment of the MAP 21).
``(B) Restoration.--The obligation requirement for the
Interstate System in a State required by subparagraph (A) for
a fiscal year shall remain in effect for each subsequent
fiscal year until such time as the condition of the
Interstate System in the State exceeds the minimum condition
level established by the Secretary under subsection
(f)(4)(A)(iv).
``(2) Condition of nhs bridges.--
``(A) Penalty.--If, during 2 consecutive reporting periods,
the condition of bridges on the National Highway System in a
State falls below the minimum condition level established by
the Secretary under subsection

[[Page S1220]]

(f)(4)(A)(iv), the State shall be required, during the
following fiscal year--
``(i) to obligate, from the amounts apportioned to the
State under section 104(b)(1), an amount for bridges on the
National Highway System that is not less than 50 percent of
the amount of funds apportioned to the State for fiscal year
2009 under the highway bridge program for the purposes
described in section 144 (as in effect on the day before the
date of enactment of the MAP 21), except that for each year
after fiscal year 2013, the amount required to be obligated
under this clause shall be increased by 2 percent over the
amount required to be obligated in the previous fiscal year;
and
``(ii) to transfer, from the amounts apportioned to the
State under section 104(b)(2) (other than amounts
suballocated to metropolitan areas and other areas of the
State under section 133(d)) to the apportionment of the State
under section 104(b)(1), an amount equal to 10 percent of the
amount of funds apportioned to the State for fiscal year 2009
under the highway bridge program for the purposes described
in section 144 (as in effect on the day before the date of
enactment of the MAP 21).
``(B) Restoration.--The obligation requirement for bridges
on the National Highway System in a State required by
subparagraph (A) for a fiscal year shall remain in effect for
each subsequent fiscal year until such time as the condition
of bridges on the National Highway System in the State
exceeds the minimum condition level established by the
Secretary under subsection (f)(4)(A)(iv).''.
(b) Transition Period.--
(1) In general.--Except as provided in paragraph (2), until
such date as a State has in effect an approved asset
management plan and has established performance targets as
described in section 119 of title 23, United States Code,
that will contribute to achieving the national goals for the
condition and performance of the National Highway System, but
not later than 18 months after the date on which the
Secretary promulgates final regulations required under
section 119(f)(4) of that title, the Secretary shall approve
obligations of funds apportioned to a State to carry out the
national highway performance program under section 119 of
that title, for projects that otherwise meet the requirements
of that section.
(2) Extension.--The Secretary may extend the transition
period for a State under paragraph (1) if the Secretary
determines that the State has made a good faith effort to
establish an asset management plan and performance targets
referred to in that paragraph.
(c) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 119 and inserting the following:

``119. National highway performance program.''.

SEC. 1107. EMERGENCY RELIEF.

Section 125 of title 23, United States Code, is amended to
read as follows:

``Sec.  125. Emergency relief

``(a) In General.--Subject to this section and section 120,
an emergency fund is authorized for expenditure by the
Secretary for the repair or reconstruction of highways,
roads, and trails, in any area of the United States,
including Indian reservations, that the Secretary finds have
suffered serious damage as a result of--
``(1) a natural disaster over a wide area, such as by a
flood, hurricane, tidal wave, earthquake, severe storm, or
landslide; or
``(2) catastrophic failure from any external cause.
``(b) Restriction on Eligibility.--
``(1) Definition of construction phase.--In this
subsection, the term `construction phase' means the phase of
physical construction of a highway or bridge facility that is
separate from any other identified phases, such as planning,
design, or right-of-way phases, in the State transportation
improvement program.
``(2) Restriction.--In no case shall funds be used under
this section for the repair or reconstruction of a bridge--
``(A) that has been permanently closed to all vehicular
traffic by the State or responsible local official because of
imminent danger of collapse due to a structural deficiency or
physical deterioration; or
``(B) if a construction phase of a replacement structure is
included in the approved Statewide transportation improvement
program at the time of an event described in subsection (a).
``(c) Funding.--
``(1) In general.--Subject to the limitations described in
paragraph (2), there are authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
such sums as are necessary to establish the fund authorized
by this section and to replenish that fund on an annual
basis.
``(2) Limitations.--The limitations referred to in
paragraph (1) are that--
``(A) not more than $100,000,000 is authorized to be
obligated in any 1 fiscal year commencing after September 30,
1980, to carry out this section, except that, if for any
fiscal year the total of all obligations under this section
is less than the amount authorized to be obligated for the
fiscal year, the unobligated balance of that amount shall--
``(i) remain available until expended; and
``(ii) be in addition to amounts otherwise available to
carry out this section for each year; and
``(B)(i) pending such appropriation or replenishment, the
Secretary may obligate from any funds appropriated at any
time for obligation in accordance with this title, including
existing Federal-aid appropriations, such sums as are
necessary for the immediate prosecution of the work herein
authorized; and
``(ii) funds obligated under this subparagraph shall be
reimbursed from the appropriation or replenishment.
``(d) Eligibility.--
``(1) In general.--The Secretary may expend funds from the
emergency fund authorized by this section only for the repair
or reconstruction of highways on Federal-aid highways in
accordance with this chapter, except that--
``(A) no funds shall be so expended unless an emergency has
been declared by the Governor of the State with concurrence
by the Secretary, unless the President has declared the
emergency to be a major disaster for the purposes of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) for which concurrence of the
Secretary is not required; and
``(B) the Secretary has received an application from the
State transportation department that includes a comprehensive
list of all eligible project sites and repair costs by not
later than 2 years after the natural disaster or catastrophic
failure.
``(2) Cost limitation.--
``(A) Definition of comparable facility.--In this
paragraph, the term `comparable facility' means a facility
that meets the current geometric and construction standards
required for a facility of comparable capacity and character
to the destroyed facility, except a bridge facility which may
be constructed for the type and volume of traffic that the
bridge will carry over its design life.
``(B) Limitation.--The total cost of a project funded under
this section may not exceed the cost of repair or
reconstruction of a comparable facility.
``(3) Territories.--The total obligations for projects
under this section for any fiscal year in the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands shall not exceed $20,000,000.
``(4) Substitute traffic.--Notwithstanding any other
provision of this section, actual and necessary costs of
maintenance and operation of ferryboats or additional transit
service providing temporary substitute highway traffic
service, less the amount of fares charged for comparable
service, may be expended from the emergency fund authorized
by this section for Federal-aid highways.
``(e) Tribal Transportation Facilities, Federal Lands
Transportation Facilities, and Public Roads on Federal
Lands.--
``(1) Definition of open to public travel.--In this
subsection, the term `open to public travel' means, with
respect to a road, that, except during scheduled periods,
extreme weather conditions, or emergencies, the road is open
to the general public for use with a standard passenger
vehicle, without restrictive gates or prohibitive signs or
regulations, other than for general traffic control or
restrictions based on size, weight, or class of registration.
``(2) Expenditure of funds.--Notwithstanding subsection
(d)(1), the Secretary may expend funds from the emergency
fund authorized by this section, independently or in
cooperation with any other branch of the Federal Government,
a State agency, a tribal government, an organization, or a
person, for the repair or reconstruction of tribal
transportation facilities, Federal lands transportation
facilities, and other federally owned roads that are open to
public travel, whether or not those facilities are Federal-
aid highways.
``(3) Reimbursement.--
``(A) In general.--The Secretary may reimburse Federal and
State agencies (including political subdivisions) for
expenditures made for projects determined eligible under this
section, including expenditures for emergency repairs made
before a determination of eligibility.
``(B) Transfers.--With respect to reimbursements described
in subparagraph (A)--
``(i) those reimbursements to Federal agencies and Indian
tribal governments shall be transferred to the account from
which the expenditure was made, or to a similar account that
remains available for obligation; and
``(ii) the budget authority associated with the expenditure
shall be restored to the agency from which the authority was
derived and shall be available for obligation until the end
of the fiscal year following the year in which the transfer
occurs.
``(f) Treatment of Territories.--For purposes of this
section, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands shall be
considered to be States and parts of the United States, and
the chief executive officer of each such territory shall be
considered to be a Governor of a State.''.

SEC. 1108. TRANSPORTATION MOBILITY PROGRAM.

(a) In General.--Section 133 of title 23, United States
Code, is amended to read as follows:

``Sec.  133. Transportation mobility program

``(a) Establishment.--The Secretary shall establish and
implement a transportation mobility program under this
section.
``(b) Purpose.--The purpose of the transportation mobility
program shall be to assist

[[Page S1221]]

States and localities in improving the conditions and
performance on Federal-aid highways and on bridges on any
public road.
``(c) Eligible Projects.--Funds apportioned under section
104(b)(2) to carry out the transportation mobility program
may be obligated for any of following purposes:
``(1) Construction, reconstruction, rehabilitation,
resurfacing, restoration, preservation, or operational
improvements for highways, including construction of
designated routes of the Appalachian development highway
system and local access roads under section 14501 of title
40, United States Code.
``(2) Replacement (including replacement with fill
material), rehabilitation, preservation, protection
(including painting, scour countermeasures, seismic
retrofits, impact protection measures, security
countermeasures, and protection against extreme events) and
application of calcium magnesium acetate, sodium acetate/
formate, or other environmentally acceptable, minimally
corrosive anti-icing and deicing compositions for bridges
(and approaches to bridges and other elevated structures) and
tunnels on public roads of all functional classifications,
including any such construction or reconstruction necessary
to accommodate other transportation modes.
``(3) Construction of a new bridge or tunnel on a new
location on a highway, including any such construction
necessary to accommodate other transportation modes.
``(4) Inspection and evaluation (within the meaning of
section 144) of bridges and tunnels on public roads of all
functional classifications and inspection and evaluation of
other highway infrastructure assets, including signs and sign
structures, retaining walls, and drainage structures.
``(5) Training of bridge and tunnel inspectors (within the
meaning of section 144).
``(6) Capital costs for transit projects eligible for
assistance under chapter 53 of title 49, including vehicles
and facilities, whether publicly or privately owned, that are
used to provide intercity passenger service by bus.
``(7) Carpool projects, fringe and corridor parking
facilities and programs, including electric vehicle
infrastructure in accordance with section 137, bicycle
transportation and pedestrian walkways in accordance with
section 217, and the modification of public sidewalks to
comply with the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
``(8) Highway and transit safety infrastructure
improvements and programs, installation of safety barriers
and nets on bridges, hazard eliminations, projects to
mitigate hazards caused by wildlife, and railway-highway
grade crossings.
``(9) Highway and transit research and development and
technology transfer programs.
``(10) Capital and operating costs for traffic and traveler
information monitoring, management, and control facilities
and programs, including truck stop electrification systems.
``(11) Projects and strategies designed to support
congestion pricing, including electronic toll collection and
travel demand management strategies and programs.
``(12) Surface transportation planning.
``(13) Transportation enhancement activities.
``(14) Recreational trails projects eligible for funding
under section 206.
``(15) Construction of ferry boats and ferry terminal
facilities eligible for funding under section 129(c).
``(16) Border infrastructure projects eligible for funding
under section 1303 of the SAFETEA-LU (Public Law 109 59).
``(17) Projects , programs, and technical assistance
associated with National Scenic Byways, All-American Roads,
and America's Byways eligible for funding under section 162.
``(18) Truck parking facilities eligible for funding under
section 1401 of the MAP 21.
``(19) Safe routes to school projects eligible for funding
under section 1404 of the SAFETEA LU (23 U.S.C. 402 note;
Public Law 109 59).
``(20) Transportation control measures described in section
108(f)(1)(A) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)),
other than section 108(f)(1)(A)(xvi) of that Act.
``(21) Development and implementation of a State asset
management plan for the National Highway System in accordance
with section 119, including data collection, maintenance, and
integration and the costs associated with obtaining,
updating, and licensing software and equipment required for
risk-based asset management and performance-based management,
and for similar activities relating to the development and
implementation of a performance-based management program for
other public roads.
``(22) In accordance with all applicable Federal law
(including regulations), participation in natural habitat and
wetlands mitigation efforts relating to projects funded under
this title, which may include participation in natural
habitat and wetlands mitigation banks, contributions to
statewide and regional efforts to conserve, restore, enhance,
and create natural habitats and wetlands, and development of
statewide and regional natural habitat and wetlands
conservation and mitigation plans, including any such banks,
efforts, and plans developed in accordance with applicable
Federal law (including regulations), on the conditions that--
``(A) contributions to those mitigation efforts may--
``(i) take place concurrent with or in advance of project
construction; and
``(ii) occur in advance of project construction only if the
efforts are consistent with all applicable requirements of
Federal law (including regulations) and State transportation
planning processes; and
``(B) with respect to participation in a natural habitat or
wetland mitigation effort relating to a project funded under
this title that has an impact that occurs within the service
area of a mitigation bank, preference is given, to the
maximum extent practicable, to the use of the mitigation bank
if the bank contains sufficient available credits to offset
the impact and the bank is approved in accordance with
applicable Federal law (including regulations).
``(23) Infrastructure-based intelligent transportation
systems capital improvements.
``(24) Environmental restoration and pollution abatement in
accordance with section 328.
``(25) Control of noxious weeds and aquatic noxious weeds
and establishment of native species in accordance with
section 329.
``(26) Improvements to a freight railroad, marine highway,
or intermodal facility, but only to the extent that the
Secretary concurs with the State that--
``(A) the project will make significant improvement to
freight movements on the national freight network;
``(B) the public benefit of the project exceeds the Federal
investment; and
``(C) the project provides a better return than a highway
project on a segment of the primary freight network, except
that a State may not obligate in excess of 5 percent of funds
apportioned to the State under section 104(b)(2) to carry out
this section for that purpose.
``(27) Maintenance of and improvements to all public roads,
including non-State-owned public roads and roads on tribal
land--
``(A) that are located within 10 miles of the international
border between the United States and Canada or Mexico; and
``(B) on which federally owned vehicles comprise more than
50 percent of the traffic.
``(28) Construction, reconstruction, resurfacing,
restoration, rehabilitation, and preservation of, and
operational improvements for, any public road if--
``(A) the public road, and the highway project to be
carried out with respect to the public road, are in the same
corridor as, and in proximity to--
``(i) a fully access-controlled highway designated as a
part of the National Highway System; or
``(ii) in areas with a population of less than 200,000, a
federal-aid highway designated as part of the National
Highway System;
``(B) the construction or improvements will enhance the
level of service on the highway described in subparagraph (A)
and improve regional traffic flow; and
``(C) the construction or improvements are more cost-
effective, as determined by benefit-cost analysis, than an
improvement to the highway described in subparagraph (A).
``(d) Allocations of Apportioned Funds to Areas Based on
Population.--
``(1) Calculation.--Of the funds apportioned to a State
under section 104(b)(2)--
``(A) 50 percent for a fiscal year shall be obligated under
this section, in proportion to their relative shares of the
population of the State--
``(i) in urbanized areas of the State with an urbanized
area population of over 200,000;
``(ii) in areas of the State other than urban areas with a
population greater than 5,000; and
``(iii) in other areas of the State; and
``(B) 50 percent may be obligated in any area of the State.
``(2) Metropolitan areas.--Funds attributed to an urbanized
area under subparagraph (A)(i) may be obligated in the
metropolitan area established under section 134 that
encompasses the urbanized area.
``(3) Distribution among urbanized areas of over 200,000
population.--
``(A) In general.--Except as provided in subparagraph (B),
the amount of funds that a State is required to obligate
under paragraph (1)(A)(i) shall be obligated in urbanized
areas described in paragraph (1)(A)(i) based on the relative
population of the areas.
``(B) Other factors.--The State may obligate the funds
described in subparagraph (A) based on other factors if the
State and the relevant metropolitan planning organizations
jointly apply to the Secretary for the permission to base the
obligation on other factors and the Secretary grants the
request.
``(e) Location of Projects.--Except as provided in
subsection (g) and for projects described in paragraphs (2),
(4), (7), (8), (13), (14), and (19) of subsection (c), for
local access roads under section 14501 of title 40, United
States Code, transportation mobility program projects may not
be undertaken on roads functionally classified as local or
rural minor collectors.
``(f) Applicability of Planning Requirements.--Programming
and expenditure of funds for projects under this section
shall be consistent with sections 134 and 135.
``(g) Bridges Not on Federal-aid Highways.--
``(1) Definition of off-system bridge.--The term `off-
system bridge' means a highway bridge located on a public
road, other than a bridge on a Federal-aid highway.
``(2) Special rule.--

[[Page S1222]]

``(A) Penalty.--If the total deck area of deficient off-
system bridges in a State increases for the 2 most recent
consecutive years, the State shall be required, during the
following fiscal year, to obligate for the improvement of
deficient off-system bridges from the amounts apportioned to
the State under section 104(b)(2) an amount that is not less
than 110 percent of the amount of funds required to be
obligated by the State for off-system bridges for fiscal year
2009 under section 144(f)(2), as in effect on the day before
the date of enactment of the MAP 21, except that for each
year after fiscal year 2013, the amount required to be
obligated under this subparagraph shall be increased by 2
percent over the amount required to be obligated in the
previous fiscal year.
``(B) Restoration.--The obligation requirement for off-
system bridges in a State required by subparagraph (A) for a
fiscal year shall remain in effect for each subsequent fiscal
year until such time as the total deck area of deficient off-
system bridges in the State has decreased to the level it was
in the State for the fiscal year prior to the establishment
of the obligation requirement for the State under
subparagraph (A).
``(3) Credit for bridges not on federal-aid highways.--
Notwithstanding any other provision of law, with respect to
any project not on a Federal-aid highway for the replacement
of a bridge or rehabilitation of a bridge that is wholly
funded from State and local sources, is eligible for Federal
funds under this section, is noncontroversial, is certified
by the State to have been carried out in accordance with all
standards applicable to such projects under this section, and
is determined by the Secretary upon completion to be no
longer a deficient bridge--
``(A) any amount expended after the date of enactment of
this subsection from State and local sources for the project
in excess of 20 percent of the cost of construction of the
project may be credited to the non-Federal share of the cost
of other bridge projects in the State that are eligible for
Federal funds under this section; and
``(B) that crediting shall be conducted in accordance with
procedures established by the Secretary.''
``(h) Administration.--
``(1) Submission of project agreement.--For each fiscal
year, each State shall submit a project agreement that--
``(A) certifies that the State will meet all the
requirements of this section; and
``(B) notifies the Secretary of the amount of obligations
needed to carry out the program under this section.
``(2) Request for adjustments of amounts.--Each State shall
request from the Secretary such adjustments to the amount of
obligations referred to in paragraph (1)(B) as the State
determines to be necessary.
``(3) Effect of approval by the secretary.--Approval by the
Secretary of a project agreement under paragraph (1) shall be
deemed a contractual obligation of the United States to pay
transportation mobility program funds made available under
this title.
``(i) Obligation Authority.--
``(1) In general.--A State that is required to obligate, in
an urbanized area with an urbanized area population of over
200,000 individuals under subsection (d), funds apportioned
to the State under section 104(b)(2) shall make available
during the fiscal year an amount of obligation authority
distributed to the State for Federal-aid highways and highway
safety construction programs for use in the area that is
equal to the product obtained by multiplying--
``(A) the aggregate amount of funds that the State is
required to obligate in the area under subsection (d) during
the period; and
``(B) the ratio that--
``(i) the aggregate amount of obligation authority
distributed to the State for Federal-aid highways and highway
safety construction programs during the period; bears to
``(ii) the total of the sums apportioned to the State for
Federal-aid highways and highway safety construction programs
(excluding sums not subject to an obligation limitation)
during the period.
``(2) Joint responsibility.--Each State, each affected
metropolitan planning organization, and the Secretary shall
jointly ensure compliance with paragraph (1).''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 133 and inserting the following:

``133. Transportation mobility program.''.

SEC. 1109. WORKFORCE DEVELOPMENT.

(a) On-the-job Training.--Section 140(b) of title 23,
United States Code, is amended--
(1) by striking ``Whenever apportionments are made under
section 104(b)(3),'' and inserting ``From administrative
funds made available under section 104(a),''; and
(2) by striking ``the surface transportation program under
section 104(b) and the bridge program under section 144'' and
inserting ``the transportation mobility program under section
104(b)''.
(b) Disadvantaged Business Enterprise.--Section 140(c) of
title 23, United States Code, is amended by striking
``Whenever apportionments are made under section 104(b)(3),''
and inserting ``From administrative funds made available
under section 104(a),''.

SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.

Section 143 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraph (2) and inserting the following:
``(2) Funding.--
``(A) In general.--From administrative funds made available
under section 104(a), the Secretary shall deduct such sums as
are necessary, not to exceed $10,000,000 for each of fiscal
years 2012 and 2013, to carry out this section.
``(B) Allocation of funds.--Funds made available to carry
out this section may be allocated to the Internal Revenue
Service and the States at the discretion of the Secretary,
except that of funds so made available for each fiscal year,
$2,000,000 shall be available only to carry out
intergovernmental enforcement efforts, including research and
training.''; and
(B) in paragraph (8)--
(i) in the paragraph heading by striking ``surface
transportation program'' and inserting ``transportation
mobility program''; and
(ii) by striking ``section 104(b)(3)'' and inserting
``section 104(b)(2)''; and
(2) in subsection (c)(3) by striking ``for each of fiscal
years 2005 through 2009,'' and inserting ``for each fiscal
year,''.

SEC. 1111. NATIONAL BRIDGE AND TUNNEL INVENTORY AND
INSPECTION STANDARDS.

(a) In General.--Section 144 of title 23, United States
Code, is amended to read as follows:

``Sec.  144. National bridge and tunnel inventory and
inspection standards

``(a) Findings and Declarations.--
``(1) Findings.--Congress finds that--
``(A) the condition of the bridges of the United States has
improved since the date of enactment of the Transportation
Equity Act for the 21st Century (Public Law 105 178; 112
Stat. 107), yet continued improvement to bridge conditions is
essential to protect the safety of the traveling public and
allow for the efficient movement of people and goods on which
the economy of the United States relies; and
``(B) the systematic preventative maintenance of bridges,
and replacement and rehabilitation of deficient bridges,
should be undertaken through an overall asset management
approach to transportation investment.
``(2) Declarations.--Congress declares that it is in the
vital interest of the United States--
``(A) to inventory, inspect, and improve the condition of
the highway bridges and tunnels of the United States;
``(B) to use a data-driven, risk-based approach and cost-
effective strategy for systematic preventative maintenance,
replacement, and rehabilitation of highway bridges and
tunnels to ensure safety and extended service life;
``(C) to use performance-based bridge management systems to
assist States in making timely investments;
``(D) to ensure accountability and link performance
outcomes to investment decisions; and
``(E) to ensure connectivity and access for residents of
rural areas of the United States through strategic
investments in National Highway System bridges and bridges on
all public roads.
``(b) National Bridge and Tunnel Inventories.--
``(1) In general.--The Secretary, in consultation with the
States, shall--
``(A) inventory all highway bridges on public roads that
are bridges over waterways, other topographical barriers,
other highways, and railroads;
``(B) classify the bridges according to serviceability,
safety, and essentiality for public use, including the
potential impacts to emergency evacuation routes and to
regional and national freight and passenger mobility if the
serviceability of the bridge is restricted or diminished; and
``(C) based on that classification, assign each a risk-
based priority for systematic preventative maintenance,
replacement, or rehabilitation.
``(2) Tribally owned and federally owned bridges.--As part
of the activities carried out under paragraph (1), the
Secretary, in consultation with the Secretaries of
appropriate Federal agencies, shall--
``(A) inventory all tribally owned and Federally owned
highway bridges that are open to the public, over waterways,
other topographical barriers, other highways, and railroads;
``(B) classify the bridges according to serviceability,
safety, and essentiality for public use; and
``(C) based on the classification, assign each a risk-based
priority for systematic preventative maintenance,
replacement, or rehabilitation.
``(3) Tunnels.--The Secretary shall establish a national
inventory of highway tunnels reflecting the findings of the
most recent highway tunnel inspections conducted by States
under this section.
``(c) General Bridge Authority.--
``(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of law, the General
Bridge Act of 1946 (33 U.S.C. 525 et seq.) shall apply to
bridges authorized to be replaced, in whole or in part, by
this title.
``(2) Exception.--Section 502(b) of the General Bridge Act
of 1946 (33 U.S.C. 525(b)) and section 9 of the Act of March
3, 1899 (33 U.S.C. 401), shall not apply to any bridge
constructed, reconstructed, rehabilitated, or replaced with
assistance under this title, if the bridge is over waters
that--

[[Page S1223]]

``(A) are not used and are not susceptible to use in the
natural condition of the bridge or by reasonable improvement
as a means to transport interstate or foreign commerce; and
``(B) are--
``(i) not tidal; or
``(ii) if tidal, used only by recreational boating,
fishing, and other small vessels that are less than 21 feet
in length.
``(d) Inventory Updates and Reports.--
``(1) In general.--The Secretary shall--
``(A) annually revise the inventories authorized by
subsection (b); and
``(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on the inventories.
``(2) Inspection report.--Not later than 1 year after the
date of enactment of the MAP 21, each State and appropriate
Federal agency shall report element level data to the
Secretary, as each bridge is inspected pursuant to this
section, for all highway bridges on the National Highway
System.
``(3) Guidance.--The Secretary shall provide guidance to
States and Federal agencies for implementation of this
subsection, while respecting the existing inspection schedule
of each State.
``(4) Bridges not on national highway system.--The
Secretary shall--
``(A) conduct a study on the benefits, cost-effectiveness,
and feasibility of requiring element-level data collection
for bridges not on the National Highway System; and
``(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on the results of the study.
``(e) Bridges Without Taxing Powers.--
``(1) In general.--Notwithstanding any other provision of
law, any bridge that is owned and operated by an agency that
does not have taxing powers and whose functions include
operating a federally assisted public transit system
subsidized by toll revenues shall be eligible for assistance
under this title, but the amount of such assistance shall in
no event exceed the cumulative amount which such agency has
expended for capital and operating costs to subsidize such
transit system.
``(2) Insufficient assets.--Before authorizing an
expenditure of funds under this subsection, the Secretary
shall determine that the applicant agency has insufficient
reserves, surpluses, and projected revenues (over and above
those required for bridge and transit capital and operating
costs) to fund the bridge project or activity eligible for
assistance under this title.
``(3) Crediting of non-federal funds.--Any non-Federal
funds expended for the seismic retrofit of the bridge may be
credited toward the non-Federal share required as a condition
of receipt of any Federal funds for seismic retrofit of the
bridge made available after the date of the expenditure.
``(f) Replacement of Destroyed Bridges and Ferry Boat
Service.--
``(1) In general.--Notwithstanding any other provision of
law, a State may use the funds apportioned under section
104(b)(2) to construct any bridge that replaces--
``(A) any low water crossing (regardless of the length of
the low water crossing);
``(B) any bridge that was destroyed prior to January 1,
1965;
``(C) any ferry that was in existence on January 1, 1984;
or
``(D) any road bridge that is rendered obsolete as a result
of a Corps of Engineers flood control or channelization
project and is not rebuilt with funds from the Corps of
Engineers.
``(2) Federal share.--The Federal share payable on any
bridge construction carried out under paragraph (1) shall be
80 percent of the cost of the construction.
``(g) Historic Bridges.--
``(1) Definition of historic bridge.--In this subsection,
the term `historic bridge' means any bridge that is listed
on, or eligible for listing on, the National Register of
Historic Places.
``(2) Coordination.--The Secretary shall, in cooperation
with the States, encourage the retention, rehabilitation,
adaptive reuse, and future study of historic bridges.
``(3) State inventory.--The Secretary shall require each
State to complete an inventory of all bridges on and off
Federal-aid highways to determine the historic significance
of the bridges.
``(4) Eligibility.--
``(A) In general.--Subject to subparagraph (B), reasonable
costs associated with actions to preserve, or reduce the
impact of a project under this chapter on, the historic
integrity of a historic bridge shall be eligible as
reimbursable project costs under section 133 if the load
capacity and safety features of the historic bridge are
adequate to serve the intended use for the life of the
historic bridge.
``(B) Bridges not used for vehicle traffic.--In the case of
a historic bridge that is no longer used for motorized
vehicular traffic, the costs eligible as reimbursable project
costs pursuant to this chapter shall not exceed the estimated
cost of demolition of the historic bridge.
``(5) Preservation.--Any State that proposes to demolish a
historic bridge for a replacement project with funds made
available to carry out this section shall first make the
historic bridge available for donation to a State, locality,
or responsible private entity if the State, locality, or
responsible entity enters into an agreement--
``(A) to maintain the bridge and the features that give the
historic bridge its historic significance; and
``(B) to assume all future legal and financial
responsibility for the historic bridge, which may include an
agreement to hold the State transportation department
harmless in any liability action.
``(6) Costs incurred.--
``(A) In general.--Costs incurred by the State to preserve
a historic bridge (including funds made available to the
State, locality, or private entity to enable it to accept the
bridge) shall be eligible as reimbursable project costs under
this chapter in an amount not to exceed the cost of
demolition.
``(B) Additional funding.--Any bridge preserved pursuant to
this paragraph shall not be eligible for any other funds
authorized pursuant to this title.
``(h) National Bridge and Tunnel Inspection Standards.--
``(1) Requirement.--
``(A) In general.--The Secretary shall establish and
maintain inspection standards for the proper inspection and
evaluation of all highway bridges and tunnels for safety and
serviceability.
``(B) Uniformity.--The standards under this subsection
shall be designed to ensure uniformity of the inspections and
evaluations.
``(2) Minimum requirements of inspection standards.--The
standards established under paragraph (1) shall, at a
minimum--
``(A) specify, in detail, the method by which the
inspections shall be carried out by the States, Federal
agencies, and tribal governments;
``(B) establish the maximum time period between
inspections;
``(C) establish the qualifications for those charged with
carrying out the inspections;
``(D) require each State, Federal agency, and tribal
government to maintain and make available to the Secretary on
request--
``(i) written reports on the results of highway bridge and
tunnel inspections and notations of any action taken pursuant
to the findings of the inspections; and
``(ii) current inventory data for all highway bridges and
tunnels reflecting the findings of the most recent highway
bridge and tunnel inspections conducted; and
``(E) establish a procedure for national certification of
highway bridge inspectors and tunnel inspectors.
``(3) State compliance with inspection standards.--The
Secretary shall, at a minimum--
``(A) establish, in consultation with the States, and
interested and knowledgeable private organizations and
individuals, procedures to conduct reviews of State
compliance with--
``(i) the standards established under this subsection; and
``(ii) the calculation or reevaluation of bridge load
ratings; and
``(B) establish, in consultation with the States, and
interested and knowledgeable private organizations and
individuals, procedures for States to follow in reporting to
the Secretary--
``(i) critical findings relating to structural or safety-
related deficiencies of highway bridges; and
``(ii) monitoring activities and corrective actions taken
in response to a critical finding.
``(4) Reviews of state compliance.--
``(A) In general.--The Secretary shall annually review
State compliance with the standards established under this
section.
``(B) Noncompliance.--If an annual review in accordance
with subparagraph (A) identifies noncompliance by a State,
the Secretary shall--
``(i) issue a report detailing the issues of the
noncompliance by December 31 of the calendar year in which
the review was made; and
``(ii) provide the State an opportunity to address the
noncompliance by--

``(I) developing a corrective action plan to remedy the
noncompliance; or
``(II) resolving the issues of noncompliance not later than
45 days after the date of notification.

``(5) Penalty for noncompliance.--
``(A) In general.--If a State fails to satisfy the
requirements of paragraph (4)(B) by August 1 of the calendar
year following the year of a finding of noncompliance, the
Secretary shall, on October 1 of that year, and each year
thereafter as may be necessary, require the State to dedicate
funds apportioned to the State under sections 119 and 133
after the date of enactment of the MAP 21 to correct the
noncompliance with the minimum inspection standards
established under this subsection.
``(B) Amount.--The amount of the funds to be directed to
correcting noncompliance in accordance with subparagraph (A)
shall--
``(i) be determined by the State based on an analysis of
the actions needed to address the noncompliance; and
``(ii) require approval by the Secretary.
``(6) Update of standards.--Not later than 3 years after
the date of enactment of the MAP 21, the Secretary shall
update inspection standards to cover--
``(A) the methodology, training, and qualifications for
inspectors; and
``(B) the frequency of inspection.
``(7) Risk-based approach.--In carrying out the revisions
required by paragraph (6), the Secretary shall consider a
risk-based approach to determining the frequency of bridge
inspections.

[[Page S1224]]

``(i) Training Program for Bridge and Tunnel Inspectors.--
``(1) In general.--The Secretary, in cooperation with the
State transportation departments, shall maintain a program
designed to train appropriate personnel to carry out highway
bridge and tunnel inspections.
``(2) Revisions.--The training program shall be revised
from time to time to take into account new and improved
techniques.
``(j) Availability of Funds.--To carry out this section,
the Secretary may use funds made available under sections
104(a), 119, 133, and 503.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 144 and inserting the following:

``144. National bridge and tunnel inventory and inspection
standards.''.

SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

Section 148 of title 23, United States Code, is amended to
read as follows:

``Sec.  148. Highway safety improvement program

``(a) Definitions.--In this section, the following
definitions apply:
``(1) High risk rural road.--The term `high risk rural
road' means any roadway functionally classified as a rural
major or minor collector or a rural local road with
significant safety risks, as defined by a State in accordance
with an updated State strategic highway safety plan.
``(2) Highway basemap.--The term `highway basemap' means a
representation of all public roads that can be used to
geolocate attribute data on a roadway.
``(3) Highway safety improvement program.--The term
`highway safety improvement program' means projects,
activities, plans, and reports carried out under this
section.
``(4) Highway safety improvement project.--
``(A) In general.--The term `highway safety improvement
project' means strategies, activities, and projects on a
public road that are consistent with a State strategic
highway safety plan and--
``(i) correct or improve a hazardous road location or
feature; or
``(ii) address a highway safety problem.
``(B) Inclusions.--The term `highway safety improvement
project' includes, but is not limited to, a project for 1 or
more of the following:
``(i) An intersection safety improvement.
``(ii) Pavement and shoulder widening (including addition
of a passing lane to remedy an unsafe condition).
``(iii) Installation of rumble strips or another warning
device, if the rumble strips or other warning devices do not
adversely affect the safety or mobility of bicyclists and
pedestrians, including persons with disabilities.
``(iv) Installation of a skid-resistant surface at an
intersection or other location with a high frequency of
crashes.
``(v) An improvement for pedestrian or bicyclist safety or
safety of persons with disabilities.
``(vi) Construction and improvement of a railway-highway
grade crossing safety feature, including installation of
protective devices.
``(vii) The conduct of a model traffic enforcement activity
at a railway-highway crossing.
``(viii) Construction of a traffic calming feature.
``(ix) Elimination of a roadside hazard.
``(x) Installation, replacement, and other improvement of
highway signage and pavement markings, or a project to
maintain minimum levels of retroreflectivity, that addresses
a highway safety problem consistent with a State strategic
highway safety plan.
``(xi) Installation of a priority control system for
emergency vehicles at signalized intersections.
``(xii) Installation of a traffic control or other warning
device at a location with high crash potential.
``(xiii) Transportation safety planning.
``(xiv) Collection, analysis, and improvement of safety
data.
``(xv) Planning integrated interoperable emergency
communications equipment, operational activities, or traffic
enforcement activities (including police assistance) relating
to work zone safety.
``(xvi) Installation of guardrails, barriers (including
barriers between construction work zones and traffic lanes
for the safety of road users and workers), and crash
attenuators.
``(xvii) The addition or retrofitting of structures or
other measures to eliminate or reduce crashes involving
vehicles and wildlife.
``(xviii) Installation of yellow-green signs and signals at
pedestrian and bicycle crossings and in school zones.
``(xix) Construction and operational improvements on high
risk rural roads.
``(xx) Geometric improvements to a road for safety purposes
that improve safety.
``(xxi) A road safety audit.
``(xxii) Roadway safety infrastructure improvements
consistent with the recommendations included in the
publication of the Federal Highway Administration entitled
`Highway Design Handbook for Older Drivers and Pedestrians'
(FHWA-RD-01-103), dated May 2001 or as subsequently revised
and updated.
``(xxiii) Truck parking facilities eligible for funding
under section 1401 of the MAP 21.
``(xxiv) Systemic safety improvements.
``(5) Model inventory of roadway elements.--The term `model
inventory of roadway elements' means the listing and
standardized coding by the Federal Highway Administration of
roadway and traffic data elements critical to safety
management, analysis, and decisionmaking.
``(6) Project to maintain minimum levels of
retroreflectivity.--The term `project to maintain minimum
levels of retroreflectivity' means a project that is designed
to maintain a highway sign or pavement marking
retroreflectivity at or above the minimum levels prescribed
in Federal or State regulations.
``(7) Road safety audit.--The term `road safety audit'
means a formal safety performance examination of an existing
or future road or intersection by an independent
multidisciplinary audit team.
``(8) Road users.--The term `road user' means a motorist,
passenger, public transportation operator or user, truck
driver, bicyclist, motorcyclist, or pedestrian, including a
person with disabilities.
``(9) Safety data.--
``(A) In general.--The term `safety data' means crash,
roadway, and traffic data on a public road.
``(B) Inclusion.--The term `safety data' includes, in the
case of a railway-highway grade crossing, the characteristics
of highway and train traffic, licensing, and vehicle data.
``(10) Safety project under any other section.--
``(A) In general.--The term `safety project under any other
section' means a project carried out for the purpose of
safety under any other section of this title.
``(B) Inclusion.--The term `safety project under any other
section' includes--
``(i) a project consistent with the State strategic highway
safety plan that promotes the awareness of the public and
educates the public concerning highway safety matters
(including motorcycle safety);
``(ii) a project to enforce highway safety laws; and
``(iii) a project to provide infrastructure and
infrastructure-related equipment to support emergency
services.
``(11) State highway safety improvement program.--The term
`State highway safety improvement program' means a program of
highway safety improvement projects, activities, plans and
reports carried out as part of the Statewide transportation
improvement program under section 135(g).
``(12) State strategic highway safety plan.--The term
`State strategic highway safety plan' means a comprehensive
plan, based on safety data, developed by a State
transportation department that--
``(A) is developed after consultation with--
``(i) a highway safety representative of the Governor of
the State;
``(ii) regional transportation planning organizations and
metropolitan planning organizations, if any;
``(iii) representatives of major modes of transportation;
``(iv) State and local traffic enforcement officials;
``(v) a highway-rail grade crossing safety representative
of the Governor of the State;
``(vi) representatives conducting a motor carrier safety
program under section 31102, 31106, or 31309 of title 49;
``(vii) motor vehicle administration agencies;
``(viii) county transportation officials;
``(ix) State representatives of nonmotorized users; and
``(x) other major Federal, State, tribal, and local safety
stakeholders;
``(B) analyzes and makes effective use of State, regional,
local, or tribal safety data;
``(C) addresses engineering, management, operation,
education, enforcement, and emergency services elements
(including integrated, interoperable emergency
communications) of highway safety as key factors in
evaluating highway projects;
``(D) considers safety needs of, and high-fatality segments
of, all public roads, including non-State-owned public roads
and roads on tribal land;
``(E) considers the results of State, regional, or local
transportation and highway safety planning processes;
``(F) describes a program of strategies to reduce or
eliminate safety hazards;
``(G) is approved by the Governor of the State or a
responsible State agency;
``(H) is consistent with section 135(g); and
``(I) is updated and submitted to the Secretary for
approval as required under subsection (d)(2).
``(13) Systemic safety improvement.--The term `systemic
safety improvement' means an improvement that is widely
implemented based on high-risk roadway features that are
correlated with particular crash types, rather than crash
frequency.
``(b) Program.--
``(1) In general.--The Secretary shall carry out a highway
safety improvement program.
``(2) Purpose.--The purpose of the highway safety
improvement program shall be to achieve a significant
reduction in traffic fatalities and serious injuries on all
public roads, including non-State-owned public roads and
roads on tribal land.
``(c) Eligibility.--
``(1) In general.--To obligate funds apportioned under
section 104(b)(3) to carry out this section, a State shall
have in effect a

[[Page S1225]]

State highway safety improvement program under which the
State--
``(A) develops, implements, and updates a State strategic
highway safety plan that identifies and analyzes highway
safety problems and opportunities as provided in subsections
(a)(12) and (d);
``(B) produces a program of projects or strategies to
reduce identified safety problems; and
``(C) evaluates the strategic highway safety plan on a
regularly recurring basis in accordance with subsection
(d)(1) to ensure the accuracy of the data and priority of
proposed strategies.
``(2) Identification and analysis of highway safety
problems and opportunities.--As part of the State highway
safety improvement program, a State shall--
``(A) have in place a safety data system with the ability
to perform safety problem identification and countermeasure
analysis--
``(i) to improve the timeliness, accuracy, completeness,
uniformity, integration, and accessibility of the safety data
on all public roads, including non-State-owned public roads
and roads on tribal land in the State;
``(ii) to evaluate the effectiveness of data improvement
efforts;
``(iii) to link State data systems, including traffic
records, with other data systems within the State;
``(iv) to improve the compatibility and interoperability of
safety data with other State transportation-related data
systems and the compatibility and interoperability of State
safety data systems with data systems of other States and
national data systems;
``(v) to enhance the ability of the Secretary to observe
and analyze national trends in crash occurrences, rates,
outcomes, and circumstances; and
``(vi) to improve the collection of data on nonmotorized
crashes;
``(B) based on the analysis required by subparagraph (A)--
``(i) identify hazardous locations, sections, and elements
(including roadside obstacles, railway-highway crossing
needs, and unmarked or poorly marked roads) that constitute a
danger to motorists (including motorcyclists), bicyclists,
pedestrians, and other highway users;
``(ii) using such criteria as the State determines to be
appropriate, establish the relative severity of those
locations, in terms of crashes (including crash rates),
fatalities, serious injuries, traffic volume levels, and
other relevant data;
``(iii) identify the number of fatalities and serious
injuries on all public roads by location in the State;
``(iv) identify highway safety improvement projects on the
basis of crash experience, crash potential, crash rate, or
other data-supported means; and
``(v) consider which projects maximize opportunities to
advance safety;
``(C) adopt strategic and performance-based goals that--
``(i) address traffic safety, including behavioral and
infrastructure problems and opportunities on all public
roads;
``(ii) focus resources on areas of greatest need; and
``(iii) are coordinated with other State highway safety
programs;
``(D) advance the capabilities of the State for safety data
collection, analysis, and integration in a manner that--
``(i) complements the State highway safety program under
chapter 4 and the commercial vehicle safety plan under
section 31102 of title 49;
``(ii) includes all public roads, including public non-
State-owned roads and roads on tribal land;
``(iii) identifies hazardous locations, sections, and
elements on all public roads that constitute a danger to
motorists (including motorcyclists), bicyclists, pedestrians,
persons with disabilities, and other highway users;
``(iv) includes a means of identifying the relative
severity of hazardous locations described in clause (iii) in
terms of crashes (including crash rate), serious injuries,
fatalities, and traffic volume levels; and
``(v) improves the ability of the State to identify the
number of fatalities and serious injuries on all public roads
in the State with a breakdown by functional classification
and ownership in the State;
``(E)(i) determine priorities for the correction of
hazardous road locations, sections, and elements (including
railway-highway crossing improvements), as identified through
safety data analysis;
``(ii) identify opportunities for preventing the
development of such hazardous conditions; and
``(iii) establish and implement a schedule of highway
safety improvement projects for hazard correction and hazard
prevention; and
``(F)(i) establish an evaluation process to analyze and
assess results achieved by highway safety improvement
projects carried out in accordance with procedures and
criteria established by this section; and
``(ii) use the information obtained under clause (i) in
setting priorities for highway safety improvement projects.
``(d) Updates to Strategic Highway Safety Plans.--
``(1) Establishment of requirements.--
``(A) In general.--Not later than 1 year after the date of
enactment of the MAP 21, the Secretary shall establish
requirements for regularly recurring State updates of
strategic highway safety plans.
``(B) Contents of updated strategic highway safety plans.--
In establishing requirements under this subsection, the
Secretary shall ensure that States take into consideration,
with respect to updated strategic highway safety plans--
``(i) the findings of road safety audits;
``(ii) the locations of fatalities and serious injuries;
``(iii) the locations that do not have an empirical history
of fatalities and serious injuries, but possess risk factors
for potential crashes;
``(iv) rural roads, including all public roads,
commensurate with fatality data;
``(v) motor vehicle crashes that include fatalities or
serious injuries to pedestrians and bicyclists;
``(vi) the cost-effectiveness of improvements;
``(vii) improvements to rail-highway grade crossings; and
``(viii) safety on all public roads, including non-State-
owned public roads and roads on tribal land.
``(2) Approval of updated strategic highway safety plans.--
``(A) In general.--Each State shall--
``(i) update the strategic highway safety plans of the
State in accordance with the requirements established by the
Secretary under this subsection; and
``(ii) submit the updated plans to the Secretary, along
with a detailed description of the process used to update the
plan.
``(B) Requirements for approval.--The Secretary shall not
approve the process for an updated strategic highway safety
plan unless--
``(i) the updated strategic highway safety plan is
consistent with the requirements of this subsection and
subsection (a)(12); and
``(ii) the process used is consistent with the requirements
of this subsection.
``(3) Penalty for failure to have an approved updated
strategic highway safety plan.--If a State does not have an
updated strategic highway safety plan with a process approved
by the Secretary by August 1 of the fiscal year beginning
after the date of establishment of the requirements under
paragraph (1)--
``(A) the State shall not be eligible to receive any
additional limitation pursuant to the redistribution of the
limitation on obligations for Federal-aid highway and highway
safety construction programs that occurs after August 1 for
each succeeding fiscal year until the fiscal year during
which the plan is approved; and
``(B) the Secretary shall, on October 1 of each fiscal year
thereafter, transfer from funds apportioned to the State
under section 104(b)(2) (other than amounts suballocated to
metropolitan areas and other areas of the State under section
133(d)) an amount equal to 10 percent of the funds so
apportioned for the fiscal year for use under the highway
safety improvement program under this section to the
apportionment of the State under section 104(b)(3) until the
fiscal year in which the plan is approved.
``(e) Eligible Projects.--
``(1) In general.--Funds apportioned to the State under
section 104(b)(3) may be obligated to carry out--
``(A) any highway safety improvement project on any public
road or publicly owned bicycle or pedestrian pathway or
trail; or
``(B) as provided in subsection (f), other safety projects.
``(2) Use of other funding for safety.--
``(A) Effect of section.--Nothing in this section prohibits
the use of funds made available under other provisions of
this title for highway safety improvement projects.
``(B) Use of other funds.--States are encouraged to address
the full scope of the safety needs and opportunities of the
States by using funds made available under other provisions
of this title (except a provision that specifically prohibits
that use).
``(f) Flexible Funding for States With a Strategic Highway
Safety Plan.--
``(1) In general.--To further the implementation of a State
strategic highway safety plan, a State may use up to 10
percent of the amount of funds apportioned to the State under
section 104(b)(3) for a fiscal year to carry out safety
projects under any other section as provided in the State
strategic highway safety plan if the State certifies that--
``(A) the State has met needs in the State relating to
railway-highway crossings for the preceding fiscal year; and
``(B) the funds are being used for the most effective
projects to make progress toward achieving the safety
performance targets of the State.
``(2) Other transportation and highway safety plans.--
Nothing in this subsection requires a State to revise any
State process, plan, or program in effect on the date of
enactment of the MAP 21.
``(g) Data Improvement.--
``(1) Definition of data improvement activities.--In this
subsection:
``(A) In general.--The term `data improvement activities'
means a project or activity to further the capacity of a
State to make more informed and effective safety
infrastructure investment decisions.
``(B) Inclusions.--The term `data improvement activities'
includes a project or activity--
``(i) to create, update, or enhance a highway basemap of
all public roads in a State;
``(ii) to collect safety data, including data identified as
part of the model inventory of roadway elements, for creation
of or use on

[[Page S1226]]

a highway basemap of all public roads in a State;
``(iii) to store and maintain safety data in an electronic
manner;
``(iv) to develop analytical processes for safety data
elements;
``(v) to acquire and implement roadway safety analysis
tools; and
``(vi) to support the collection, maintenance, and sharing
of safety data on all public roads and related systems
associated with the analytical usage of that data.
``(2) Apportionment.--Of the funds apportioned to a State
under section 104(b)(3) for a fiscal year--
``(A) not less than 8 percent of the funds apportioned for
each of fiscal years 2012 through 2013 shall be available
only for data improvement activities under this subsection;
and
``(B) not less than 4 percent of the funds apportioned for
fiscal year 2014 and each fiscal year thereafter shall be
available only for data improvement activities under this
subsection.
``(3) Special rule.--A State may use funds apportioned to
the State pursuant to this subsection for any project
eligible under this section if the State demonstrates to the
satisfaction of the Secretary that the State has met all of
the State needs for data collection to support the State
strategic highway safety plan and sufficiently addressed the
data improvement activities described in paragraph (1).
``(4) Model inventory of roadway elements.--The Secretary
shall--
``(A) establish a subset of the model inventory of roadway
elements that are useful for the inventory of roadway safety;
and
``(B) ensure that States adopt and use the subset to
improve data collection.
``(h) Performance Measures and Targets for State Highway
Safety Improvement Programs.--
``(1) Establishment of performance measures.--Not later
than 1 year after the date of enactment of the MAP 21, the
Secretary shall issue guidance to States on the
establishment, collection, and reporting of performance
measures that reflect--
``(A) serious injuries and fatalities per vehicle mile
traveled;
``(B) serious injuries and fatalities per capita; and
``(C) the number of serious injuries and fatalities
``(2) Establishment of state performance targets.--Not
later than 1 year after the Secretary has issued guidance to
States on the establishment, collection, and reporting of
performance measures, each State shall set performance
targets that reflect--
``(A) serious injuries and fatalities per vehicle mile
traveled;
``(B) serious injuries and fatalities per capita; and
``(C) the number of serious injuries and fatalities.
``(i) Special Rules.--
``(1) High-risk rural road safety.--If the fatality rate on
rural roads in a State increases over the most recent 2-year
period for which data are available, that State shall be
required to obligate in the next fiscal year for projects on
high risk rural roads an amount equal to at least 200 percent
of the amount of funds the State received for fiscal year
2009 for high risk rural roads under subsection (f) of this
section, as in effect on the day before the date of enactment
of the MAP 21.
``(2) Rail-highway grade crossings.--If the average number
of fatalities at rail-highway grade crossings in a State over
the most recent 2-year period for which data are available
increases over the average number of fatalities during the
preceding 2-year period, that State shall be required to
obligate in the next fiscal year for projects on rail-highway
grade crossings an amount equal to 120 percent of the amount
of funds the State received for fiscal year 2009 for rail-
highway grade crossings under section 130(f) (as in effect on
the day before the date of enactment of the MAP 21).
``(3) Older drivers.--If traffic fatalities and serious
injuries per capita for drivers and pedestrians over the age
of 65 in a State increases during the most recent 2-year
period for which data are available, that State shall be
required to include, in the subsequent Strategic Highway
Safety Plan of the State, strategies to address the increases
in those rates, taking into account the recommendations
included in the publication of the Federal Highway
Administration entitled `Highway Design Handbook for Older
Drivers and Pedestrians' (FHWA-RD-01-103), and dated May
2001, or as subsequently revised and updated.
``(j) Reports.--
``(1) In general.--A State shall submit to the Secretary a
report that--
``(A) describes the progress being made to achieve the
performance targets established under subsection (h);
``(B) describes progress being made to implement highway
safety improvement projects under this section;
``(C) assesses the effectiveness of those improvements; and
``(D) describes the extent to which the improvements funded
under this section have contributed to reducing--
``(i) the number and rate of fatalities on all public roads
with, to the maximum extent practicable, a breakdown by
functional classification and ownership in the State;
``(ii) the number and rate of serious injuries on all
public roads with, to the maximum extent practicable, a
breakdown by functional classification and ownership in the
State; and
``(iii) the occurrences of fatalities and serious injuries
at railway-highway crossings.
``(2) Contents; schedule.--The Secretary shall establish
the content and schedule for the submission of the report
under paragraph (1).
``(3) Transparency.--The Secretary shall make strategic
highway safety plans submitted under subsection (d) and
reports submitted under this subsection available to the
public through--
``(A) the website of the Department; and
``(B) such other means as the Secretary determines to be
appropriate.
``(4) Discovery and admission into evidence of certain
reports, surveys, and information.--Notwithstanding any other
provision of law, reports, surveys, schedules, lists, or data
compiled or collected for any purpose relating to this
section, shall not be subject to discovery or admitted into
evidence in a Federal or State court proceeding or considered
for other purposes in any action for damages arising from any
occurrence at a location identified or addressed in the
reports, surveys, schedules, lists, or other data.
``(k) State Performance Targets.--If the Secretary
determines that a State has not met or made significant
progress toward meeting the performance targets of the State
established under subsection (h) by the date that is 2 years
after the date of the establishment of the performance
targets, the State shall--
``(1) use obligation authority equal to the apportionment
of the State for the prior year under section 104(b)(3) only
for highway safety improvement projects under this section
until the Secretary determines that the State has met or made
significant progress toward meeting the performance targets
of the State; and
``(2) submit annually to the Secretary, until the Secretary
determines that the State has met or made significant
progress toward meeting the performance targets of the State,
an implementation plan that--
``(A) identifies roadway features that constitute a hazard
to road users;
``(B) identifies highway safety improvement projects on the
basis of crash experience, crash potential, or other data-
supported means;
``(C) describes how highway safety improvement program
funds will be allocated, including projects, activities, and
strategies to be implemented;
``(D) describes how the proposed projects, activities, and
strategies funded under the State highway safety improvement
program will allow the State to make progress toward
achieving the safety performance targets of the State; and
``(E) describes the actions the State will undertake to
meet the performance targets of the State.
``(l) Federal Share of Highway Safety Improvement
Projects.--Except as provided in sections 120 and 130, the
Federal share of the cost of a highway safety improvement
project carried out with funds apportioned to a State under
section 104(b)(3) shall be 90 percent.''.

SEC. 1113. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.

Section 149 of title 23, United States Code, is amended to
read as follows:

``Sec.  149. Congestion mitigation and air quality
improvement program

``(a) Establishment.--The Secretary shall establish and
implement a congestion mitigation and air quality improvement
program in accordance with this section.
``(b) Eligible Projects.--
``(1) In general.--Except as provided in subsection (c), a
State may obligate funds apportioned to the State for the
congestion mitigation and air quality improvement program
under section 104(b)(4) that are not reserved under
subsection (l) only for a transportation project or program
if the project or program is for an area in the State that is
or was designated as a nonattainment area for ozone, carbon
monoxide, or particulate matter under section 107(d) of the
Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant to
section 181(a), 186(a), 188(a), or 188(b) of the Clean Air
Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is
or was designated as a nonattainment area under section
107(d) of that Act after December 31, 1997, or is required to
prepare, and file with the Administrator of the Environmental
Protection Agency, maintenance plans under the Clean Air Act
(42 U.S.C. 7401 et seq.); and
``(A)(i)(I) if the Secretary, after consultation with the
Administrator determines, on the basis of information
published by the Environmental Protection Agency pursuant to
subparagraph (A) of section 108(f)(1) of the Clean Air Act
(other than clause (xvi) of that subparagraph) (42 U.S.C.
7408(f)(1)) that the project or program is likely to
contribute to--
``(aa) the attainment of a national ambient air quality
standard; or
``(bb) the maintenance of a national ambient air quality
standard in a maintenance area; and
``(II) there exists a high level of effectiveness in
reducing air pollution, in cases of projects or programs
where sufficient information is available in the database
established pursuant to subsection (h) to determine the
relative effectiveness of such projects or programs; or
``(ii) in any case in which such information is not
available, if the Secretary, after such

[[Page S1227]]

consultation, determines that the project or program is part
of a program, method, or strategy described in such section
108(f)(1)(A);
``(B) if the project or program is included in a State
implementation plan that has been approved pursuant to the
Clean Air Act and the project will have air quality benefits;
``(C) to establish or operate a traffic monitoring,
management, and control facility or program, including truck
stop electrification systems, if the Secretary, after
consultation with the Administrator, determines that the
facility or program is likely to contribute to the attainment
of a national ambient air quality standard;
``(D) if the program or project improves traffic flow,
including projects to improve signalization, construct high-
occupancy vehicle lanes, improve intersections, add turning
lanes, improve transportation systems management and
operations that mitigate congestion and improve air quality,
and implement intelligent transportation system strategies
and such other projects that are eligible for assistance
under this section on the day before the date of enactment of
the MAP 21, including programs or projects to improve
incident and emergency response or improve mobility, such as
through real-time traffic, transit, and multimodal traveler
information;
``(E) if the project or program involves the purchase of
integrated, interoperable emergency communications equipment;
``(F) if the project or program is for--
``(i) the purchase of diesel retrofits that are--

``(I) for motor vehicles (as defined in section 216 of the
Clean Air Act (42 U.S.C. 7550)); or
``(II) verified technologies (as defined in section 791 of
the Energy Policy Act of 2005 (42 U.S.C. 16131)) for nonroad
vehicles and nonroad engines (as defined in section 216 of
the Clean Air Act (42 U.S.C. 7550)) that are used in
construction projects that are--

``(aa) located in nonattainment or maintenance areas for
ozone, PM<inf>10</inf>, or PM<inf>2.5</inf> (as defined under
the Clean Air Act (42 U.S.C. 7401 et seq.)); and
``(bb) funded, in whole or in part, under this title; or
``(ii) the conduct of outreach activities that are designed
to provide information and technical assistance to the owners
and operators of diesel equipment and vehicles regarding the
purchase and installation of diesel retrofits;
``(G) if the project involves the installation of battery
charging or replacement facilities for electric-drive
vehicles, or refueling facilities for alternative-fuel
vehicles;
``(H) if the project or program shifts traffic demand to
nonpeak hours or other transportation modes, increases
vehicle occupancy rates, or otherwise reduces demand for
roads through such means as telecommuting, ridesharing,
carsharing, alternative work hours, and pricing; or
``(I) if the Secretary, after consultation with the
Administrator, determines that the project or program is
likely to contribute to the attainment of a national ambient
air quality standard, whether through reductions in vehicle
miles traveled, fuel consumption, or through other factors.
``(2) Limitations.--Funds apportioned to a State under
section 104(b)(4) and not reserved under subsection (l) may
not be obligated for a project that will result in the
construction of new capacity available to single-occupant
vehicles unless the project consists of a high-occupancy
vehicle facility available to single-occupant vehicles only
at other than peak travel times or such use by single-
occupant vehicles at peak travel times is subject to a toll.
``(3) Use of funds for other activities.--Notwithstanding
paragraph (1) and subsection (c), the Secretary may permit a
State to use amounts apportioned to the State for each of
fiscal years 2012 and 2013 for the congestion mitigation and
air quality improvement program under section 104(b)(4) to
carry out any activity on a system that was eligible for
funding under that program as in effect on December 31, 2010.
``(c) States Flexibility.--
``(1) States without a nonattainment area.--If a State does
not have, and never has had, a nonattainment area designated
under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone,
carbon monoxide, or PM<inf>2.5</inf>, the State may use funds
apportioned to the State under section 104(b)(4) (excluding
the amount of funds reserved under subsection (l)) for any
project in the State that--
``(A) would otherwise be eligible under subsection (b) as
if the project were carried out in a nonattainment or
maintenance area; or
``(B) is eligible under the transportation mobility program
under section 133.
``(2) States with a nonattainment area.--
``(A) In general.--If a State has a nonattainment area or
maintenance area and received funds in fiscal year 2009 under
section 104(b)(2)(D), as in effect on the day before the date
of enactment of the MAP 21, above the amount of funds that
the State would have received based on the nonattainment and
maintenance area population of the State under subparagraphs
(B) and (C) of section 104(b)(2), as in effect on the day
before the date of enactment of the MAP 21, the State may use
for any project that is eligible under the transportation
mobility program under section 133 an amount of funds
apportioned to such State under section 104(b)(4) (excluding
the amount of funds reserved under subsection (l)) that is
equal to the product obtained by multiplying--
``(i) the amount apportioned to such State under section
104(b)(4) (excluding the amount of funds reserved under
subsection (l)); by
``(ii) the ratio calculated under paragraph (B).
``(B) Ratio.--For purposes of this paragraph, the ratio
shall be calculated as--
``(i) the amount for fiscal year 2009 such State was
permitted by section 149(c)(2), as in effect on the day
before the date of enactment of the MAP 21, to obligate in
any area of the State for projects eligible under section
133, as in effect on the day before the date of enactment of
the MAP 21; bears to
``(ii) the total apportionment to such State for fiscal
year 2009 under section 104(b)(2), as in effect on the day
before the date of enactment of the MAP 21.
``(3) Changes in designation.--If a new nonattainment area
is designated or a previously designated nonattainment area
is redesignated as an attainment area in a State under the
Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary shall
modify the amount such State is permitted to obligate in any
area of the State for projects eligible under section 133.
``(d) Applicability of Planning Requirements.--Programming
and expenditure of funds for projects under this section
shall be consistent with the requirements of sections 134 and
135.
``(e) Partnerships With Nongovernmental Entities.--
``(1) In general.--Notwithstanding any other provision of
this title and in accordance with this subsection, a
metropolitan planning organization, State transportation
department, or other project sponsor may enter into an
agreement with any public, private, or nonprofit entity to
cooperatively implement any project carried out with funds
apportioned under section 104(b)(4).
``(2) Forms of participation by entities.--Participation by
an entity under paragraph (1) may consist of--
``(A) ownership or operation of any land, facility,
vehicle, or other physical asset associated with the project;
``(B) cost sharing of any project expense;
``(C) carrying out of administration, construction
management, project management, project operation, or any
other management or operational duty associated with the
project; and
``(D) any other form of participation approved by the
Secretary.
``(3) Allocation to entities.--A State may allocate funds
apportioned under section 104(b)(4) to an entity described in
paragraph (1).
``(4) Alternative fuel projects.--In the case of a project
that will provide for the use of alternative fuels by
privately owned vehicles or vehicle fleets, activities
eligible for funding under this subsection--
``(A) may include the costs of vehicle refueling
infrastructure, including infrastructure that would support
the development, production, and use of emerging technologies
that reduce emissions of air pollutants from motor vehicles,
and other capital investments associated with the project;
``(B) shall include only the incremental cost of an
alternative fueled vehicle, as compared to a conventionally
fueled vehicle, that would otherwise be borne by a private
party; and
``(C) shall apply other governmental financial purchase
contributions in the calculation of net incremental cost.
``(5) Prohibition on federal participation with respect to
required activities.--A Federal participation payment under
this subsection may not be made to an entity to fund an
obligation imposed under the Clean Air Act (42 U.S.C. 7401 et
seq.) or any other Federal law.
``(f) Priority Consideration.--States and metropolitan
planning organizations shall give priority in areas
designated as nonattainment or maintenance for
PM<inf>2.5</inf> under the Clean Air Act (42 U.S.C. 7401 et
seq.) in distributing funds received for congestion
mitigation and air quality projects and programs from
apportionments under section 104(b)(4) not required to be
reserved under subsection (l) to projects that are proven to
reduce PM<inf>2.5</inf>, including diesel retrofits.
``(g) Interagency Consultation.--The Secretary shall
encourage States and metropolitan planning organizations to
consult with State and local air quality agencies in
nonattainment and maintenance areas on the estimated emission
reductions from proposed congestion mitigation and air
quality improvement programs and projects.
``(h) Evaluation and Assessment of Projects.--
``(1) Database.--
``(A) In general.--Using appropriate assessments of
projects funded under the congestion mitigation and air
quality program and results from other research, the
Secretary shall maintain and disseminate a cumulative
database describing the impacts of the projects, including
specific information about each project, such as the project
name, location, sponsor, cost, and, to the extent already
measured by the project sponsor, cost-effectiveness, based on
reductions in congestion and emissions.
``(B) Availability.--The database shall be published or
otherwise made readily available by the Secretary in
electronically accessible format and means, such as the
Internet, for public review.
``(2) Cost effectiveness.--

[[Page S1228]]

``(A) In general.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
evaluate projects on a periodic basis and develop a table or
other similar medium that illustrates the cost-effectiveness
of a range of project types eligible for funding under this
section as to how the projects mitigate congestion and
improve air quality.
``(B) Contents.--The table described in subparagraph (A)
shall show measures of cost-effectiveness, such as dollars
per ton of emissions reduced, and assess those measures over
a variety of timeframes to capture impacts on the planning
timeframes outlined in section 134.
``(C) Use of table.--States and metropolitan planning
organizations shall consider the information in the table
when selecting projects or developing performance plans under
subsection (k).
``(i) Optional Programmatic Eligibility.--
``(1) In general.--At the discretion of a metropolitan
planning organization, a technical assessment of a selected
program of projects may be conducted through modeling or
other means to demonstrate the emissions reduction projection
required under this section.
``(2) Applicability.--If an assessment described in
paragraph (1) successfully demonstrates an emissions
reduction, all projects included in such assessment shall be
eligible for obligation under this section without further
demonstration of emissions reduction of individual projects
included in such assessment.
``(j) Suballocation to Nonattainment and Maintenance
Areas.--
``(1) In general.--An amount equal to 50 percent of the
amount of funds apportioned to each State under section
104(b)(4) (excluding the amount of funds reserved under
subsection (l)) shall be suballocated for projects within
each area designated as nonattainment or maintenance for the
pollutants described in subsection (b).
``(2) Distribution of funds.--The distribution within any
State of funds required to be suballocated under paragraph
(1) to each nonattainment or maintenance area shall be in
accordance with a formula developed by each State and
approved by the Secretary, which shall consider the
population of each such nonattainment or maintenance area and
shall be weighted by the severity of pollution in the manner
described in paragraph (6).
``(3) Project selection.--Projects under this subsection
shall be selected by a State and shall be consistent with the
requirements of sections 134 and 135.
``(4) Priority for use of suballocated funds in
pm<inf>2.5</inf> areas.--
``(A) In general.--An amount equal to 50 percent of the
funds suballocated under paragraph (1) for a nonattainment or
maintenance area that are based all or in part on the
weighted population of such area in fine particulate matter
nonattainment shall be obligated to projects that reduce such
fine particulate matter emissions in such area, including
diesel retrofits.
``(B) Construction equipment.--An amount equal to 30
percent of the funds required to be set aside under
subparagraph (A) shall be obligated to carry out the
objectives of section 330.
``(C) Obligation process.--
``(i) In general.--Each State or metropolitan planning
organization required to obligate funds in accordance with
this paragraph shall develop a process to provide funding
directly to eligible entities (as defined under section 330)
in order to achieve the objectives of such section and ensure
that the bid proceeding and award of the contract for any
covered highway construction project carried out under that
section will be--

``(I) made without regard to the particulate matter
emission levels of the fleet of the eligible entity; and
``(II) consistent with existing requirements for full and
open competition under section 112.

``(ii) Obligation.--A State may obligate suballocated funds
designated under this paragraph without regard to any process
or other requirement established under this section.
``(5) Funds not suballocated.--Except as provided in
subsection (c), funds apportioned to a State under section
104(b)(4) (excluding the amount of funds reserved under
subsection (l)) and not suballocated under paragraph (1)
shall be made available to such State for programming in any
nonattainment or maintenance area in the State.
``(6) Factors for calculation of suballocation.--
``(A) In general.--For the purposes of paragraph (2), each
State shall weight the population of each such nonattainment
or maintenance area by a factor of--
``(i) 1.0 if, at the time of the apportionment, the area is
a maintenance area for ozone or carbon monoxide;
``(ii) 1.0 if, at the time of the apportionment, the area
is classified as a marginal ozone nonattainment area under
subpart 2 of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.);
``(iii) 1.1 if, at the time of the apportionment, the area
is classified as a moderate ozone nonattainment area under
subpart 2 of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.);
``(iv) 1.2 if, at the time of the apportionment, the area
is classified as a serious ozone nonattainment area under
subpart 2 of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.);
``(v) 1.3 if, at the time of the apportionment, the area is
classified as a severe ozone nonattainment area under subpart
2 of part D of title I of the Clean Air Act (42 U.S.C. 7511
et seq.);
``(vi) 1.5 if, at the time of the apportionment, the area
is classified as an extreme ozone nonattainment area under
subpart 2 of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.);
``(vii) 1.0 if, at the time of the apportionment, the area
is not a nonattainment or maintenance area for ozone as
described in section 149(b), but is designated under section
107 of the Clean Air Act (42 U.S.C. 7407) as a nonattainment
area for carbon monoxide;
``(viii) 1.0 if, at the time of the apportionment, the area
is designated as nonattainment for ozone under section 107 of
the Clean Air Act (42 U.S.C. 7407); or
``(ix) 1.2 if, at the time of the apportionment, the area
is not a nonattainment or maintenance area as described in
section 149(b) for ozone, but is designated as a
nonattainment or maintenance area for fine particulate
matter, 2.5 micrometers or less, under section 107 of the
Clean Air Act (42 U.S.C. 7407).
``(B) Other factors.--If, in addition to being designated
as a nonattainment or maintenance area for ozone as described
in section 149(b), any county within the area was also
designated under section 107 of the Clean Air Act (42 U.S.C.
7407) as a nonattainment or maintenance area for carbon
monoxide, or was designated under section 107 of the Clean
Air Act (42 U.S.C. 7407) as a nonattainment or maintenance
area for particulate matter, 2.5 micrometers or less, or
both, the weighted nonattainment or maintenance area
population of the county, as determined under clauses (i)
through (vi), or clause (viii), of subparagraph (A), shall be
further multiplied by a factor of 1.2, or a second further
factor of 1.2 if the area is designated as a nonattainment or
maintenance area for both carbon monoxide and particulate
matter, 2.5 micrometers or less.
``(7) Exceptions for certain states.--
``(A) A State without a nonattainment or maintenance area
shall not be subject to the requirements of this subsection.
``(B) The amount of funds required to be set aside under
paragraph (1) in a State that received a minimum
apportionment for fiscal year 2009 under section
104(b)(2)(D), as in effect on the day before the date of
enactment of the MAP 21, shall be based on the amount of
funds such State would otherwise have been apportioned under
section 104(b)(4) (excluding the amount of funds reserved
under subsection (l)) but for the minimum apportionment in
fiscal year 2009.
``(k) Performance Plan.--
``(1) In general.--Each tier I metropolitan planning
organization (as defined in section 134) representing a
nonattainment or maintenance area shall develop a performance
plan that--
``(A) includes an area baseline level for traffic
congestion and on-road mobile source emissions for which the
area is in nonattainment or maintenance;
``(B) identifies air quality and traffic congestion target
levels based on measures established by the Secretary; and
``(C) includes a description of projects identified for
funding under this section and a description of how such
projects will contribute to achieving emission and traffic
congestion reduction targets.
``(2) Updated plans.--
``(A) In general.--Performance plans shall be updated on
the schedule required under paragraph (3).
``(B) Contents.--An updated plan shall include a separate
report that assesses the progress of the program of projects
under the previous plan in achieving the air quality and
traffic congestion targets of the previous plan.
``(3) Rulemaking.--Not later than 18 months after the date
of enactment of the MAP 21, the Secretary shall promulgate
regulations to implement this subsection that identify
performance measures for traffic congestion and on-road
mobile source emissions, timelines for performance plans, and
requirements under this section for assessing the
implementation of projects carried out under this section.
``(l) Additional Activities.--
``(1) Reservation of funds.--Of the funds apportioned to a
State under section 104(b)(4), a State shall reserve the
amount of funds attributable to the inclusion of the 10
percent of surface transportation program funds apportioned
to such State for fiscal year 2009 in the formula under
section 104(b)(4) for projects under this subsection.
``(2) Eligible projects.--A State may obligate the funds
reserved under this subsection for any of the following
projects or activities:
``(A) Transportation enhancements, as defined in section
101.
``(B) The recreational trails program under section 206.
``(C) The safe routes to school program under section 1404
of the SAFETEA-LU (23 U.S.C. 402 note; Public Law 109 59).
``(D) Planning, designing, or constructing boulevards and
other roadways largely in the right-of-way of former
Interstate System routes or other divided highways.
``(3) Allocations of funds.--
``(A) Calculation.--Of the funds reserved in a State under
this subsection--
``(i) 50 percent for a fiscal year shall be obligated under
this subsection to any eligible

[[Page S1229]]

entity in proportion to their relative shares of the
population of the State--

``(I) in urbanized areas of the State with an urbanized
area population of over 200,000;
``(II) in areas of the State other than urban areas with a
population greater than 5,000; and
``(III) in other areas of the State; and

``(ii) 50 percent shall be obligated in any area of the
State.
``(B) Metropolitan areas.--Funds attributed to an urbanized
area under subparagraph (A)(i)(I) may be obligated in the
metropolitan area established under section 134 that
encompasses the urbanized area.
``(C) Distribution among urbanized areas of over 200,000
population.--
``(i) In general.--Except as provided in subparagraph
(A)(ii), the amount of funds that a State is required to
obligate under subparagraph (A)(i)(I) shall be obligated in
urbanized areas described in subparagraph (A)(i)(I) based on
the relative population of the areas.
``(ii) Other factors.--The State may obligate the funds
described in clause (i) based on other factors if the State
and the relevant metropolitan planning organizations jointly
apply to the Secretary for the permission to base the
obligation on other factors and the Secretary grants the
request.
``(D) Access to funds.--
``(i) In general.--Each State or metropolitan planning
organization required to obligate funds in accordance with
subparagraph (A) shall develop a competitive process to allow
eligible entities to submit projects for funding that achieve
the objectives of this subsection.
``(ii) Definition of eligible entity.--In this subsection,
the term `eligible entity' means--

``(I) a local government;
``(II) a regional transportation authority;
``(III) a transit agency;
``(IV) a natural resource or public land agency;
``(V) a school district, local education agency, or school;
and
``(VI) any other local or regional governmental entity with
responsibility for or oversight of transportation or
recreational trails (other than a tier I metropolitan
planning organization or a State agency) that the State
determines to be eligible, consistent with the goals of this
subsection.

``(E) Selection of projects.--Each tier I and tier II
metropolitan planning organization shall select projects
carried out within the boundaries of the applicable
metropolitan planning area, in consultation with the relevant
State, for funds reserved in a State under this subsection
and suballocated to the metropolitan planning area under
subparagraph (A)(i).
``(4) Flexibility of excess reserved funding.--Beginning in
the second fiscal year after the date of enactment of the MAP
21, if on August 1 of that fiscal year the unobligated
balance of available funds apportioned to a State under
section 104(b)(4) and reserved by a State under this
subsection exceeds 150 percent of such reserved amount in
such fiscal year, the State may thereafter obligate the
amount of excess funds for any activity--
``(A) that is eligible to receive funding under this
subsection; or
``(B) for which the Secretary has approved the obligation
of funds for any State under this section.
``(5) Provision of adequate data, modeling, and support.--
In any case in which a State requests reasonable technical
support or otherwise requests data (including planning models
and other modeling), clarification, or guidance regarding the
content of any final rule or applicable regulation material
to State actions under this section, the Secretary and any
other agency shall provide that support, clarification, or
guidance in a timely manner.
``(6) Treatment of projects.--Notwithstanding any other
provision of law, projects funded under this subsection shall
be treated as projects on a Federal-aid highway under this
chapter.''.

SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

(a) In General.--Section 165 of title 23, United States
Code, is amended to read as follows:

``Sec.  165. Territorial and Puerto Rico highway program

``(a) Division of Funds.--Of funds made available in a
fiscal year for the territorial and Puerto Rico highway
program--
``(1) 75 percent shall be for the Puerto Rico highway
program under subsection (b); and
``(2) 25 percent shall be for the territorial highway
program under subsection (c).
``(b) Puerto Rico Highway Program.--
``(1) In general.--The Secretary shall allocate funds made
available to carry out this subsection to the Commonwealth of
Puerto Rico to carry out a highway program in the
Commonwealth.
``(2) Treatment of funds.--Amounts made available to carry
out this subsection for a fiscal year shall be administered
as follows:
``(A) Apportionment.--
``(i) In general.--For the purpose of imposing any penalty
under this title or title 49, the amounts shall be treated as
being apportioned to Puerto Rico under sections 104(b) and
144 (as in effect for fiscal year 1997) for each program
funded under those sections in an amount determined by
multiplying--

``(I) the aggregate of the amounts for the fiscal year; by
``(II) the proportion that--

``(aa) the amount of funds apportioned to Puerto Rico for
each such program for fiscal year 1997; bears to
``(bb) the total amount of funds apportioned to Puerto Rico
for all such programs for fiscal year 1997.
``(ii) Exception.--Funds identified under clause (i) as
having been apportioned for the national highway system, the
surface transportation program, and the Interstate
maintenance program shall be deemed to have been apportioned
50 percent for the national highway performance program and
50 percent for the transportation mobility program for
purposes of imposing such penalties.
``(B) Penalty.--The amounts treated as being apportioned to
Puerto Rico under each section referred to in subparagraph
(A) shall be deemed to be required to be apportioned to
Puerto Rico under that section for purposes of the imposition
of any penalty under this title or title 49.
``(C) Eligible uses of funds.--Of amounts allocated to
Puerto Rico for the Puerto Rico Highway Program for a fiscal
year--
``(i) at least 50 percent shall be available only for
purposes eligible under section 119;
``(ii) at least 25 percent shall be available only for
purposes eligible under section 148; and
``(iii) any remaining funds may be obligated for activities
eligible under chapter 1.
``(3) Effect on apportionments.--Except as otherwise
specifically provided, Puerto Rico shall not be eligible to
receive funds apportioned to States under this title.
``(c) Territorial Highway Program.--
``(1) Territory defined.--In this subsection, the term
`territory' means any of the following territories of the
United States:
``(A) American Samoa.
``(B) The Commonwealth of the Northern Mariana Islands.
``(C) Guam.
``(D) The United States Virgin Islands.
``(2) Program.--
``(A) In general.--Recognizing the mutual benefits that
will accrue to the territories and the United States from the
improvement of highways in the territories, the Secretary may
carry out a program to assist each government of a territory
in the construction and improvement of a system of arterial
and collector highways, and necessary inter-island
connectors, that is--
``(i) designated by the Governor or chief executive officer
of each territory; and
``(ii) approved by the Secretary.
``(B) Federal share.--The Federal share of Federal
financial assistance provided to territories under this
subsection shall be in accordance with section 120(g).
``(3) Technical assistance.--
``(A) In general.--To continue a long-range highway
development program, the Secretary may provide technical
assistance to the governments of the territories to enable
the territories, on a continuing basis--
``(i) to engage in highway planning;
``(ii) to conduct environmental evaluations;
``(iii) to administer right-of-way acquisition and
relocation assistance programs; and
``(iv) to design, construct, operate, and maintain a system
of arterial and collector highways, including necessary
inter-island connectors.
``(B) Form and terms of assistance.--Technical assistance
provided under subparagraph (A), and the terms for the
sharing of information among territories receiving the
technical assistance, shall be included in the agreement
required by paragraph (5).
``(4) Nonapplicability of certain provisions.--
``(A) In general.--Except to the extent that provisions of
this chapter are determined by the Secretary to be
inconsistent with the needs of the territories and the intent
of this subsection, this chapter (other than provisions of
this chapter relating to the apportionment and allocation of
funds) shall apply to funds made available under this
subsection.
``(B) Applicable provisions.--The agreement required by
paragraph (5) for each territory shall identify the sections
of this chapter that are applicable to that territory and the
extent of the applicability of those sections.
``(5) Agreement.--
``(A) In general.--Except as provided in subparagraph (D),
none of the funds made available under this subsection shall
be available for obligation or expenditure with respect to
any territory until the chief executive officer of the
territory has entered into an agreement (including an
agreement entered into under section 215 as in effect on the
day before the enactment of this section) with the Secretary
providing that the government of the territory shall--
``(i) implement the program in accordance with applicable
provisions of this chapter and paragraph (4);
``(ii) design and construct a system of arterial and
collector highways, including necessary inter-island
connectors, in accordance with standards that are--

``(I) appropriate for each territory; and
``(II) approved by the Secretary;

``(iii) provide for the maintenance of facilities
constructed or operated under this subsection in a condition
to adequately serve the needs of present and future traffic;
and
``(iv) implement standards for traffic operations and
uniform traffic control devices that are approved by the
Secretary.

[[Page S1230]]

``(B) Technical assistance.--The agreement required by
subparagraph (A) shall--
``(i) specify the kind of technical assistance to be
provided under the program;
``(ii) include appropriate provisions regarding information
sharing among the territories; and
``(iii) delineate the oversight role and responsibilities
of the territories and the Secretary.
``(C) Review and revision of agreement.--The agreement
entered into under subparagraph (A) shall be reevaluated and,
as necessary, revised, at least every 2 years.
``(D) Existing agreements.--With respect to an agreement
under this subsection or an agreement entered into under
section 215 of this title as in effect on the day before the
date of enactment of this subsection--
``(i) the agreement shall continue in force until replaced
by an agreement entered into in accordance with subparagraph
(A); and
``(ii) amounts made available under this subsection under
the existing agreement shall be available for obligation or
expenditure so long as the agreement, or the existing
agreement entered into under subparagraph (A), is in effect.
``(6) Eligible uses of funds.--
``(A) In general.--Funds made available under this
subsection may be used only for the following projects and
activities carried out in a territory:
``(i) Eligible transportation mobility program projects
described in section 133(c).
``(ii) Cost-effective, preventive maintenance consistent
with section 116(d).
``(iii) Ferry boats, terminal facilities, and approaches,
in accordance with subsections (b) and (c) of section 129.
``(iv) Engineering and economic surveys and investigations
for the planning, and the financing, of future highway
programs.
``(v) Studies of the economy, safety, and convenience of
highway use.
``(vi) The regulation and equitable taxation of highway
use.
``(vii) Such research and development as are necessary in
connection with the planning, design, and maintenance of the
highway system.
``(B) Prohibition on use of funds for routine
maintenance.--None of the funds made available under this
subsection shall be obligated or expended for routine
maintenance.
``(7) Location of projects.--Territorial highway program
projects (other than those described in paragraphs (2), (4),
(7), (8), (14), and (19) of section 133(c)) may not be
undertaken on roads functionally classified as local.''.
(b) Conforming Amendments.--
(1) Clerical amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 165 and inserting the following:

``165. Territorial and Puerto Rico highway program.''.
(2) Obsolete text.--Section 215 of that title, and the item
relating to that section in the analysis for chapter 2, are
repealed.

SEC. 1115. NATIONAL FREIGHT PROGRAM.

(a) In General.--Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:

``Sec.  167. National freight program

``(a) National Freight Program.--It is the policy of the
United States to improve the condition and performance of the
national freight network to ensure that the national freight
network provides the foundation for the United States to
compete in the global economy and achieve each goal described
in subsection (b).
``(b) Goals.--The goals of the national freight program
are--
``(1) to invest in infrastructure improvements and to
implement operational improvements that--
``(A) strengthen the contribution of the national freight
network to the economic competitiveness of the United States;
``(B) reduce congestion; and
``(C) increase productivity, particularly for domestic
industries and businesses that create high-value jobs;
``(2) to reduce the environmental impacts of freight
movement on the national freight network;
``(3) to improve the safety, security, and resilience of
freight transportation;
``(4) to improve the state of good repair of the national
freight network;
``(5) to use advanced technology to improve the safety and
efficiency of the national freight network;
``(6) to incorporate concepts of performance, innovation,
competition, and accountability into the operation and
maintenance of the national freight network; and
``(7) to improve the economic efficiency of the national
freight network.
``(c) Establishment of Program.--
``(1) In general.--The Secretary shall establish and
implement a national freight program in accordance with this
section to strategically direct Federal resources toward
improved system performance for efficient movement of freight
on highways, including national highway system freight
intermodal connectors and aerotropolis transportation
systems.
``(2) Network components.--The national freight network
shall consist of--
``(A) the primary freight network, as designated by the
Secretary under subsection (f) (referred to in this section
as the `primary freight network') as most critical to the
movement of freight;
``(B) the portions of the Interstate System not designated
as part of the primary freight network; and
``(C) critical rural freight corridors established under
subsection (g).
``(d) Use of Apportioned Funds.--
``(1) Projects on the national freight network.--At a
minimum, following designation of the primary freight network
under subsection (f), a State shall obligate funds
apportioned under section 104(b)(5) to improve the movement
of freight on the national freight network.
``(2) Location of projects.--A project carried out using
funds apportioned under paragraph (1) shall be located--
``(A) on the primary freight network as described under
subsection (f);
``(B) on a portion of the Interstate System not designated
as primary freight network;
``(C) on roads off of the Interstate System or primary
freight network, if that use of funds will provide--
``(i) a more significant improvement to freight movement on
the Interstate System or the primary freight network;
``(ii) critical freight access to the Interstate System or
the primary freight network; or
``(iii) mitigation of the congestion impacts from freight
movement;
``(D) on a national highway system freight intermodal
connector;
``(E) on critical rural freight corridors, as designated
under subsection (g) (except that not more than 20 percent of
the total anticipated apportionment of a State under section
104(b)(5) during fiscal years 2012 and 2013 may be used for
projects on critical rural freight corridors); or
``(F) within the boundaries of public and private
intermodal facilities, but shall only include surface
infrastructure necessary to facilitate direct intermodal
interchange, transfer, and access into and out of the
facility.
``(3) Primary freight network funding.--Beginning for each
fiscal year after the Secretary designates the primary
freight network, a State shall obligate from funds
apportioned under section 104(b)(5) for the primary freight
network the lesser of--
``(A) an amount equal to the product obtained by
multiplying--
``(i) an amount equal to 110 percent of the apportionment
of the State for the fiscal year under section 104(b)(5); and
``(ii) the proportion that--

``(I) the total designated primary freight network mileage
of the State; bears to
``(II) the sum of the designated primary freight network
mileage of the State and the total Interstate system mileage
of the State that is not designated as part of the primary
freight network; or

``(B) an amount equal to the total apportionment of the
State under section 104(b)(5).
``(e) Eligibility.--
``(1) Eligible projects.--To be eligible for funding under
this section, a project shall demonstrate the improvement
made by the project to the efficient movement of freight on
the national freight network.
``(2) Freight rail and maritime projects.--
``(A) In general.--A State may obligate an amount equal to
not more than 10 percent of the total apportionment to the
State under section 104(b)(5) over the period of fiscal years
2012 and 2013 for public or private freight rail or maritime
projects.
``(B) Eligibility.--For a State to be eligible to obligate
funds in the manner described in subparagraph (A), the
Secretary shall concur with the State that--
``(i) the project for which the State seeks to obligate
funds under this paragraph would make freight rail
improvements to enhance cross-border commerce within 5 miles
of the international border between the United States and
Canada or Mexico or make significant improvement to freight
movements on the national freight network; and
``(ii) the public benefit of the project--

``(I) exceeds the Federal investment; and
``(II) provides a better return than a highway project on a
segment of the primary freight network.

``(3) Eligible project costs.--A State may obligate funds
apportioned to the State under section 104(b)(5) for the
national freight program for any of the following costs of an
eligible project:
``(A) Development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities.
``(B) Construction, reconstruction, rehabilitation,
acquisition of real property (including land relating to the
project and improvements to land), construction
contingencies, acquisition of equipment, and operational
improvements directly relating to improving system
performance, including but not limited to any segment of the
primary freight network that falls below the minimum level
established pursuant to section 119(f).
``(C) Intelligent transportation systems and other
technology to improve the flow of freight.
``(D) Efforts to reduce the environmental impacts of
freight movement on the national freight network.
``(E) Environmental mitigation.
``(F) Railway-highway grade separation.
``(G) Geometric improvements to interchanges and ramps.
``(H) Truck-only lanes.
``(I) Climbing and runaway truck lanes.
``(J) Adding or widening of shoulders.

[[Page S1231]]

``(K) Truck parking facilities eligible for funding under
section 1401 of the MAP 21.
``(L) Real-time traffic, truck parking, roadway condition,
and multimodal transportation information systems.
``(M) Electronic screening and credentialing systems for
vehicles, including weigh-in-motion truck inspection
technologies.
``(N) Traffic signal optimization including synchronized
and adaptive signals.
``(O) Work zone management and information systems.
``(P) Highway ramp metering.
``(Q) Electronic cargo and border security technologies
that improve truck freight movement.
``(R) Intelligent transportation systems that would
increase truck freight efficiencies inside the boundaries of
intermodal facilities.
``(S) Any other activities to improve the flow of freight
on the national freight network.
``(4) Other eligible costs.--In addition to eligible
project costs, a State may use funds apportioned under
section 104(b)(5) for--
``(A) carrying out diesel retrofit or alternative fuel
projects defined in section 149 for class 8 vehicles; or
``(B) the necessary costs of--
``(i) conducting analyses and data collection;
``(ii) developing and updating performance targets to carry
out this section; or
``(iii) reporting to the Secretary to comply with
subsection (i).
``(5) Eligible project costs prior to designation of the
primary freight network.--Prior to the date of designation of
the primary freight network, a State may obligate funds
apportioned to the State under section 104(b)(5) to improve
freight movement on the Interstate System for--
``(A) construction, reconstruction, resurfacing,
restoration, and rehabilitation of segments of the Interstate
System;
``(B) operational improvements for segments of the
Interstate System;
``(C) construction of, and operational improvements for, a
Federal-aid highway not on the Interstate System, and
construction of a transit project eligible for assistance
under chapter 53 of title 49, United States Code, if--
``(i) the highway or transit project is in the same
corridor as, and in proximity to a highway designated as a
part of, the Interstate System;
``(ii) the construction or improvements would improve the
level of service on the Interstate System described in
subparagraph (A) and improve freight traffic flow; and
``(iii) the construction or improvements are more cost-
effective for freight movement than an improvement to the
Interstate System described in subparagraph (A);
``(D) highway safety improvements for segments of the
Interstate System;
``(E) transportation planning in accordance with sections
134 and 135;
``(F) the costs of conducting analysis and data collection
to comply with this section;
``(G) truck parking facilities eligible for funding under
section 1401 of the MAP 21;
``(H) infrastructure-based intelligent transportation
systems capital improvements;
``(I) environmental restoration and pollution abatement in
accordance with section 328; and
``(J) in accordance with all applicable Federal law
(including regulations), participation in natural habitat and
wetlands mitigation efforts relating to projects funded under
this title, which may include participation in natural
habitat and wetlands mitigation banks, contributions to
statewide and regional efforts to conserve, restore, enhance,
and create natural habitats and wetlands, and development of
statewide and regional natural habitat and wetlands
conservation and mitigation plans, including any such banks,
efforts, and plans developed in accordance with applicable
Federal law (including regulations), on the conditions that--
``(i) contributions to those mitigation efforts may--

``(I) take place concurrent with or in advance of project
construction; and
``(II) occur in advance of project construction only if the
efforts are consistent with all applicable requirements of
Federal law (including regulations) and State transportation
planning processes; and

``(ii) with respect to participation in a natural habitat
or wetland mitigation effort relating to a project funded
under this title that has an impact that occurs within the
service area of a mitigation bank, preference is given, to
the maximum extent practicable, to the use of the mitigation
bank if the bank contains sufficient available credits to
offset the impact and the bank is approved in accordance with
applicable Federal law (including regulations).
``(f) Designation of Primary Freight Network.--
``(1) Initial designation of primary freight network.--
``(A) Designation.--Not later than 1 year after the date of
enactment of this section, the Secretary shall designate a
primary freight network--
``(i) based on an inventory of national freight volume
conducted by the Administrator of the Federal Highway
Administration, in consultation with stakeholders, including
system users , transport providers, and States; and
``(ii) that shall be comprised of not more than 27,000
centerline miles of existing roadways that are most critical
to the movement of freight.
``(B) Factors for designation.--In designating the primary
freight network, the Secretary shall consider--
``(i) the origins and destinations of freight movement in
the United States;
``(ii) the total freight tonnage and value of freight moved
by all modes of transportation;
``(iii) the percentage of annual average daily truck
traffic in the annual average daily traffic on principal
arterials;
``(iv) the annual average daily truck traffic on principal
arterials;
``(v) land and maritime ports of entry;
``(vi) population centers; and
``(vii) network connectivity.
``(2) Additional miles on primary freight network.--In
addition to the miles initially designated under paragraph
(1), the Secretary may increase the number of miles
designated as part of the primary freight network by not more
than 3,000 additional centerline miles of roadways (which may
include existing or planned roads) critical to future
efficient movement of goods on the primary freight network.
``(3) Redesignation of primary freight network.--During
calendar year 2015 and every 10 years thereafter, using the
designation factors described in paragraph (1), the Secretary
shall redesignate the primary freight network (including
additional mileage described in subsection (f)(2)).
``(g) Critical Rural Freight Corridors.--A State may
designate a road within the borders of the State as a
critical rural freight corridor if the road--
``(1) is a rural principal arterial roadway and has a
minimum of 25 percent of the annual average daily traffic of
the road measured in passenger vehicle equivalent units from
trucks (FHWA vehicle class 8 to 13); or
``(2) connects the primary freight network, a roadway
described in paragraph (1), or Interstate System to
facilities that handle more than--
``(A) 50,000 20-foot equivalent units per year; or
``(B) 500,000 tons per year of bulk commodities.
``(h) National Freight Strategic Plan.--
``(1) Initial development of national freight strategic
plan.--Not later than 3 years after the date of enactment of
this section, the Secretary shall, in consultation with
appropriate public and private transportation stakeholders,
develop and post on the Department of Transportation public
website a national freight strategic plan that shall
include--
``(A) an assessment of the condition and performance of the
national freight network;
``(B) an identification of highway bottlenecks on the
national freight network that create significant freight
congestion problems, based on a quantitative methodology
developed by the Secretary, which shall, at a minimum,
include information from the Freight Analysis Network of the
Federal Highway Administration;
``(C) forecasts of freight volumes for the 20-year period
beginning in the year during which the plan is issued;
``(D) an identification of major trade gateways and
national freight corridors that connect major population
centers, trade gateways, and other major freight generators
for current and forecasted traffic and freight volumes, the
identification of which shall be revised, as appropriate, in
subsequent plans;
``(E) an assessment of statutory, regulatory,
technological, institutional, financial, and other barriers
to improved freight transportation performance (including
opportunities for overcoming the barriers);
``(F) best practices for improving the performance of the
national freight network;
``(G) best practices to mitigate the impacts of freight
movement on communities;
``(H) a process for addressing multistate projects and
encouraging jurisdictions to collaborate; and
``(I) strategies to improve maritime, freight rail, and
freight intermodal connectivity.
``(2) Updates to national freight strategic plan.--Not
later than 5 years after the date of completion of the first
national freight strategic plan under paragraph (1), and
every 5 years thereafter, the Secretary shall update and
repost on the Department of Transportation public website a
revised national freight strategic plan.
``(i) Freight Performance Targets.--
``(1) Rulemaking.--Not later than 2 years after the date of
enactment of this section, the Secretary, in consultation
with State departments of transportation and other
appropriate public and private transportation stakeholders,
shall publish a rulemaking that establishes performance
measures for freight movement on the primary freight network.
``(2) State targets and reporting.--Not later than 1 year
after the date on which the Secretary publishes the
rulemaking under paragraph (1), each State shall--
``(A) develop and periodically update State performance
targets for freight movement on the primary freight network--
``(i) in consultation with appropriate public and private
stakeholders; and
``(ii) using measures determined by the Secretary; and
``(B) for every 2-year period, submit to the Secretary a
report that contains a description of--
``(i) the progress of the State toward meeting the targets;
and

[[Page S1232]]

``(ii) the ways in which the State is addressing congestion
at freight bottlenecks within the State.
``(3) Compliance.--
``(A) Performance targets.--To obligate funding apportioned
under section 104(b)(5), each State shall develop performance
targets in accordance with paragraph (2).
``(B) Determination of secretary.--If the Secretary
determines that a State has not met or made significant
progress toward meeting the performance targets of the State
by the date that is 2 years after the date of establishment
of the performance targets, until the date on which the
Secretary determines that the State has met (or has made
significant progress towards meeting) the State performance
targets, the State shall submit to the Secretary, on a
biennial basis, a freight performance improvement plan that
includes--
``(i) an identification of significant freight system
trends, needs, and issues within the State;
``(ii) a description of the freight policies and strategies
that will guide the freight-related transportation
investments of the State;
``(iii) an inventory of freight bottlenecks within the
State and a description of the ways in which the State is
allocating funds to improve those bottlenecks; and
``(iv) a description of the actions the State will
undertake to meet the performance targets of the State.
``(j) Freight Transportation Conditions and Performance
Reports.--Not later than 2 years after the date of enactment
of this section, and biennially thereafter, the Secretary
shall prepare a report that contains a description of the
conditions and performance of the national freight network in
the United States.
``(k) Transportation Investment Data and Planning Tools.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall--
``(A) begin development of new tools and improvement of
existing tools or improve existing tools to support an
outcome-oriented, performance-based approach to evaluate
proposed freight-related and other transportation projects,
including--
``(i) methodologies for systematic analysis of benefits and
costs;
``(ii) tools for ensuring that the evaluation of freight-
related and other transportation projects could consider
safety, economic competitiveness, environmental
sustainability, and system condition in the project selection
process; and
``(iii) other elements to assist in effective
transportation planning;
``(B) identify transportation-related model data elements
to support a broad range of evaluation methods and techniques
to assist in making transportation investment decisions; and
``(C) at a minimum, in consultation with other relevant
Federal agencies, consider any improvements to existing
freight flow data collection efforts that could reduce
identified freight data gaps and deficiencies and help
improve forecasts of freight transportation demand.
``(2) Consultation.--The Secretary shall consult with
Federal, State, and other stakeholders to develop, improve,
and implement the tools and collect the data in paragraph
(1).
``(l) Definition of Aerotropolis Transportation System.--
For the purposes of this section, the term `aerotropolis
transportation system' means a planned and coordinated
multimodal freight and passenger transportation network that,
as determined by the Secretary, provides efficient, cost-
effective, sustainable, and intermodal connectivity to a
defined region of economic significance centered around a
major airport.
``(m) Treatment of Projects.--Notwithstanding any other
provision of law, projects funded under this section shall be
treated as projects on a Federal-aid highway under this
chapter.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by adding at the end
the following:

``167. National freight program.''.

SEC. 1116. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.

(a) In General.--Chapter 2 of title 23, United States Code,
is amended by striking sections 201 through 204 and inserting
the following:

``Sec.  201. Federal lands and tribal transportation programs

``(a) Purpose.--Recognizing the need for all public Federal
and tribal transportation facilities to be treated under
uniform policies similar to the policies that apply to
Federal-aid highways and other public transportation
facilities, the Secretary of Transportation, in collaboration
with the Secretaries of the appropriate Federal land
management agencies, shall coordinate a uniform policy for
all public Federal and tribal transportation facilities that
shall apply to Federal lands transportation facilities,
tribal transportation facilities, and Federal lands access
transportation facilities.
``(b) Availability of Funds.--
``(1) Availability.--Funds authorized for the tribal
transportation program, the Federal lands transportation
program, and the Federal lands access program shall be
available for contract upon apportionment, or on October 1 of
the fiscal year for which the funds were authorized if no
apportionment is required.
``(2) Amount remaining.--Any amount remaining unexpended
for a period of 3 years after the close of the fiscal year
for which the funds were authorized shall lapse.
``(3) Obligations.--The Secretary of the department
responsible for the administration of funds under this
subsection may incur obligations, approve projects, and enter
into contracts under such authorizations, which shall be
considered to be contractual obligations of the United States
for the payment of the cost thereof, the funds of which shall
be considered to have been expended when obligated.
``(4) Expenditure.--
``(A) In general.--Any funds authorized for any fiscal year
after the date of enactment of this section under the Federal
lands transportation program, the Federal lands access
program, and the tribal transportation program shall be
considered to have been expended if a sum equal to the total
of the sums authorized for the fiscal year and previous
fiscal years have been obligated.
``(B) Credited funds.--Any funds described in subparagraph
(A) that are released by payment of final voucher or
modification of project authorizations shall be--
``(i) credited to the balance of unobligated
authorizations; and
``(ii) immediately available for expenditure.
``(5) Applicability.--This section shall not apply to funds
authorized before the date of enactment of this paragraph.
``(6) Contractual obligation.--
``(A) In general.--Notwithstanding any other provision of
law (including regulations), the authorization by the
Secretary, or the Secretary of the appropriate Federal land
management agency if the agency is the contracting office, of
engineering and related work for the development, design, and
acquisition associated with a construction project, whether
performed by contract or agreement authorized by law, or the
approval by the Secretary of plans, specifications, and
estimates for construction of a project, shall be considered
to constitute a contractual obligation of the Federal
Government to pay the total eligible cost of--
``(i) any project funded under this title; and
``(ii) any project funded pursuant to agreements authorized
by this title or any other title.
``(B) Effect.--Nothing in this paragraph--
``(i) affects the application of the Federal share
associated with the project being undertaken under this
section; or
``(ii) modifies the point of obligation associated with
Federal salaries and expenses.
``(7) Federal share.--
``(A) Tribal and federal lands transportation program.--The
Federal share of the cost of a project carried out under the
Federal lands transportation program or the tribal
transportation program shall be 100 percent.
``(B) Federal lands access program.--The Federal share of
the cost of a project carried out under the Federal lands
access program shall be determined in accordance with section
120.
``(c) Transportation Planning.--
``(1) Transportation planning procedures.--In consultation
with the Secretary of each appropriate Federal land
management agency, the Secretary shall implement
transportation planning procedures for Federal lands and
tribal transportation facilities that are consistent with the
planning processes required under sections 134 and 135.
``(2) Approval of transportation improvement program.--The
transportation improvement program developed as a part of the
transportation planning process under this section shall be
approved by the Secretary.
``(3) Inclusion in other plans.--Each regionally
significant tribal transportation program, Federal lands
transportation program, and Federal lands access program
project shall be--
``(A) developed in cooperation with State and metropolitan
planning organizations; and
``(B) included in appropriate tribal transportation program
plans, Federal lands transportation program plans, Federal
lands access program plans, State and metropolitan plans, and
transportation improvement programs.
``(4) Inclusion in state programs.--The approved tribal
transportation program, Federal lands transportation program,
and Federal lands access program transportation improvement
programs shall be included in appropriate State and
metropolitan planning organization plans and programs without
further action on the transportation improvement program.
``(5) Asset management.--The Secretary and the Secretary of
each appropriate Federal land management agency shall, to the
extent appropriate, implement safety, bridge, pavement, and
congestion management systems for facilities funded under the
tribal transportation program and the Federal lands
transportation program in support of asset management.
``(6) Data collection.--
``(A) Data collection.--The Secretaries of the appropriate
Federal land management agencies shall collect and report
data necessary to implement the Federal lands transportation
program, the Federal lands access program, and the tribal
transportation program, including--

[[Page S1233]]

``(i) inventory and condition information on Federal lands
transportation facilities and tribal transportation
facilities; and
``(ii) bridge inspection and inventory information on any
Federal bridge open to the public.
``(B) Standards.--The Secretary, in coordination with the
Secretaries of the appropriate Federal land management
agencies, shall define the collection and reporting data
standards.
``(7) Administrative expenses.--To implement the activities
described in this subsection, including direct support of
transportation planning activities among Federal land
management agencies, the Secretary may use not more than 5
percent for each fiscal year of the funds authorized for
programs under sections 203 and 204.
``(d) Reimbursable Agreements.--In carrying out work under
reimbursable agreements with any State, local, or tribal
government under this title, the Secretary--
``(1) may, without regard to any other provision of law
(including regulations), record obligations against accounts
receivable from the entity; and
``(2) shall credit amounts received from the entity to the
appropriate account, which shall occur not later than 90 days
after the date of the original request by the Secretary for
payment.
``(e) Transfers.--
``(1) In general.--To enable the efficient use of funds
made available for the Federal lands transportation program
and the Federal lands access program, the funds may be
transferred by the Secretary within and between each program
with the concurrence of, as appropriate--
``(A) the Secretary;
``(B) the affected Secretaries of the respective Federal
land management agencies;
``(C) State departments of transportation; and
``(D) local government agencies.
``(2) Credit.--The funds described in paragraph (1) shall
be credited back to the loaning entity with funds that are
currently available for obligation at the time of the credit.

``Sec.  202. Tribal transportation program

``(a) Use of Funds.--
``(1) In general.--Funds made available under the tribal
transportation program shall be used by the Secretary of
Transportation and the Secretary of the Interior to pay the
costs of--
``(A)(i) transportation planning, research, maintenance,
engineering, rehabilitation, restoration, construction, and
reconstruction of tribal transportation facilities;
``(ii) adjacent vehicular parking areas;
``(iii) interpretive signage;
``(iv) acquisition of necessary scenic easements and scenic
or historic sites;
``(v) provisions for pedestrians and bicycles;
``(vi) environmental mitigation in or adjacent to tribal
land--
``(I) to improve public safety and reduce vehicle-caused
wildlife mortality while maintaining habitat connectivity;
and
``(II) to mitigate the damage to wildlife, aquatic organism
passage, habitat, and ecosystem connectivity, including the
costs of constructing, maintaining, replacing, or removing
culverts and bridges, as appropriate;
``(vii) construction and reconstruction of roadside rest
areas, including sanitary and water facilities; and
``(viii) other appropriate public road facilities as
determined by the Secretary;
``(B) operation and maintenance of transit programs and
facilities that are located on, or provide access to, tribal
land, or are administered by a tribal government; and
``(C) any transportation project eligible for assistance
under this title that is located within, or that provides
access to, tribal land, or is associated with a tribal
government.
``(2) Contract.--In connection with an activity described
in paragraph (1), the Secretary and the Secretary of the
Interior may enter into a contract or other appropriate
agreement with respect to the activity with--
``(A) a State (including a political subdivision of a
State); or
``(B) an Indian tribe.
``(3) Indian labor.--Indian labor may be employed, in
accordance with such rules and regulations as may be
promulgated by the Secretary of the Interior, to carry out
any construction or other activity described in paragraph
(1).
``(4) Federal employment.--No maximum limitation on Federal
employment shall be applicable to the construction or
improvement of tribal transportation facilities.
``(5) Funds for construction and improvement.--All funds
made available for the construction and improvement of tribal
transportation facilities shall be administered in conformity
with regulations and agreements jointly approved by the
Secretary and the Secretary of the Interior.
``(6) Administrative expenses.--The Secretary of the
Interior may reserve amounts from administrative funds of the
Bureau of Indian Affairs that are associated with the tribal
transportation program to fund tribal technical assistance
centers under section 504(b).
``(7) Maintenance.--
``(A) Use of funds.--Notwithstanding any other provision of
this title, of the amount of funds allocated to an Indian
tribe from the tribal transportation program, for the purpose
of maintenance (excluding road sealing, which shall not be
subject to any limitation), the Secretary shall not use an
amount more than the greater of--
``(i) an amount equal to 25 percent; or
``(ii) $500,000.
``(B) Responsibility of bureau of indian affairs and
secretary of the interior.--
``(i) Bureau of indian affairs.--The Bureau of Indian
Affairs shall retain primary responsibility, including annual
funding request responsibility, for Bureau of Indian Affairs
road maintenance programs on Indian reservations.
``(ii) Secretary of the interior.--The Secretary of the
Interior shall ensure that funding made available under this
subsection for maintenance of tribal transportation
facilities for each fiscal year is supplementary to, and not
in lieu of, any obligation of funds by the Bureau of Indian
Affairs for road maintenance programs on Indian reservations.
``(C) Tribal-state road maintenance agreements.--
``(i) In general.--An Indian tribe and a State may enter
into a road maintenance agreement under which an Indian tribe
shall assume the responsibility of the State for--

``(I) tribal transportation facilities; and
``(II) roads providing access to tribal transportation
facilities.

``(ii) Requirements.--Agreements entered into under clause
(i) shall--

``(I) be negotiated between the State and the Indian tribe;
and
``(II) not require the approval of the Secretary.

``(8) Cooperation.--
``(A) In general.--The cooperation of States, counties, or
other local subdivisions may be accepted in construction and
improvement.
``(B) Funds received.--Any funds received from a State,
county, or local subdivision shall be credited to
appropriations available for the tribal transportation
program.
``(9) Competitive bidding.--
``(A) Construction.--
``(i) In general.--Subject to clause (ii) and subparagraph
(B), construction of each project shall be performed by
contract awarded by competitive bidding.
``(ii) Exception.--Clause (i) shall not apply if the
Secretary or the Secretary of the Interior affirmatively
finds that, under the circumstances relating to the project,
a different method is in the public interest.
``(B) Applicability.--Notwithstanding subparagraph (A),
section 23 of the Act of June 25, 1910 (25 U.S.C. 47) and
section 7(b) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450e(b)) shall apply to all funds
administered by the Secretary of the Interior that are
appropriated for the construction and improvement of tribal
transportation facilities.
``(b) Funds Distribution.--
``(1) National tribal transportation facility inventory.--
``(A) In general.--The Secretary of the Interior, in
cooperation with the Secretary, shall maintain a
comprehensive national inventory of tribal transportation
facilities that are eligible for assistance under the tribal
transportation program.
``(B) Transportation facilities included in the
inventory.--For purposes of identifying the tribal
transportation system and determining the relative
transportation needs among Indian tribes, the Secretary shall
include, at a minimum, transportation facilities that are
eligible for assistance under the tribal transportation
program that an Indian tribe has requested, including
facilities that--
``(i) were included in the Bureau of Indian Affairs system
inventory prior to October 1, 2004;
``(ii) are owned by an Indian tribal government;
``(iii) are owned by the Bureau of Indian Affairs;
``(iv) were constructed or reconstructed with funds from
the Highway Account of the Transportation Trust Fund under
the Indian reservation roads program since 1983;
``(v) are public roads or bridges within the exterior
boundary of Indian reservations, Alaska Native villages, and
other recognized Indian communities (including communities in
former Indian reservations in the State of Oklahoma) in which
the majority of residents are American Indians or Alaska
Natives;
``(vi) are public roads within or providing access to an
Indian reservation or Indian trust land or restricted Indian
land that is not subject to fee title alienation without the
approval of the Federal Government, or Indian or Alaska
Native villages, groups, or communities in which Indians and
Alaska Natives reside, whom the Secretary of the Interior has
determined are eligible for services generally available to
Indians under Federal laws specifically applicable to
Indians; or
``(vii) are primary access routes proposed by tribal
governments, including roads between villages, roads to
landfills, roads to drinking water sources, roads to natural
resources identified for economic development, and roads that
provide access to intermodal terminals, such as airports,
harbors, or boat landings.
``(C) Limitation on primary access routes.--For purposes of
this paragraph, a proposed primary access route is the
shortest practicable route connecting 2 points of the
proposed route.
``(D) Additional facilities.--Nothing in this paragraph
precludes the Secretary from including additional
transportation facilities

[[Page S1234]]

that are eligible for funding under the tribal transportation
program in the inventory used for the national funding
allocation if such additional facilities are included in the
inventory in a uniform and consistent manner nationally.
``(E) Bridges.--All bridges in the inventory shall be
recorded in the national bridge inventory administered by the
Secretary under section 144.
``(2) Regulations.--Notwithstanding sections 563(a) and
565(a) of title 5, the Secretary of the Interior shall
maintain any regulations governing the tribal transportation
program.
``(3) Basis for funding formula.--
``(A) Basis.--
``(i) In general.--After making the set asides authorized
under subsections (c), (d), and (e) on October 1 of each
fiscal year, the Secretary shall distribute the remainder
authorized to be appropriated for the tribal transportation
program under this section among Indian tribes as follows:

``(I) For fiscal year 2012--

``(aa) 50 percent, equal to the ratio that the amount
allocated to each tribe as a tribal share for fiscal year
2011 bears to the total tribal share amount allocated to all
tribes for that fiscal year; and
``(bb) the remainder using tribal shares as described in
subparagraphs (B) and (C).

``(II) For fiscal year 2013 and thereafter, using tribal
shares as described in subparagraphs (B) and (C).

``(ii) Tribal high priority projects.--The High Priority
Projects program as included in the Tribal Transportation
Allocation Methodology of part 170 of title 25, Code of
Federal Regulations (as in effect on the date of enactment of
the MAP 21), shall not continue in effect.
``(B) Tribal shares.--Tribal shares under this program
shall be determined using the national tribal transportation
facility inventory as calculated for fiscal year 2012, and
the most recent data on American Indian and Alaska Native
population within each Indian tribe's American Indian/Alaska
Native Reservation or Statistical Area, as computed under the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.), in the following manner:
``(i) 30 percent in the ratio that the total eligible lane
mileage in each tribe bears to the total eligible lane
mileage of all American Indians and Alaskan Natives. For the
purposes of this calculation--

``(I) eligible lane mileage shall be computed based on the
inventory described in paragraph (1), using only facilities
included in the inventory described in clause (i), (ii), or
(iii) of paragraph (1)(B); and
``(II) paved roads and gravel surfaced roads are deemed to
equal 2 lane miles per mile of inventory, and earth surfaced
roads and unimproved roads shall be deemed to equal 1 lane
mile per mile of inventory.

``(ii) 35 percent in the ratio that the total population in
each tribe bears to the total population of all American
Indians and Alaskan Natives.
``(iii) 35 percent shall be divided equally among each
Bureau of Indian Affairs region for distribution of tribal
shares as follows:

``(I) \1/4\ of 1 percent shall be distributed equally among
Indian tribes with populations of 1 to 25.
``(II) \3/4\ of 1 percent shall be distributed equally
among Indian tribes with populations of 26 to 100.
``(III) 3\3/4\ percent shall be distributed equally among
Indian tribes with populations of 101 to 1,000.
``(IV) 20 percent shall be distributed equally among Indian
tribes with populations of 1,001 to 10,000.
``(V) 74\3/4\ percent shall be distributed equally among
Indian tribes with populations of 10,001 to 60,000 where 3 or
more Indian tribes occupy this category in a single Bureau of
Indian Affairs region, and Bureau of Indian Affairs regions
containing less than 3 Indian tribes in this category shall
receive funding in accordance with subclause (IV) and clause
(iv).
``(VI) \1/2\ of 1 percent shall be distributed equally
among Indian tribes with populations of 60,001 or more.

``(iv) For a Bureau of Indian Affairs region that has no
Indian tribes meeting the population criteria under 1 or more
of subclauses (I) through (VI) of clause (iii), the region
shall redistribute any funds subject to such clause or
clauses among any such clauses for which the region has
Indian tribes meeting such criteria proportionally in
accordance with the percentages listed in such clauses until
such funds are completely distributed.
``(C) Tribal supplemental funding.--
``(i) Tribal supplemental funding amount.--Of funds made
available for each fiscal year for the tribal transportation
program, the Secretary shall set aside the following amount
for a tribal supplemental program:

``(I) If the amount made available for the tribal
transportation program is less than or equal to $275,000,000,
30 percent of such amount.
``(II) If the amount made available for the tribal
transportation program exceeds $275,000,000--

``(aa) $27,500,000; plus
``(bb) 12.5 percent of the amount made available for the
tribal transportation program in excess of $275,000,000.
``(ii) Tribal supplemental allocation.--The Secretary shall
distribute tribal supplemental funds as follows:

``(I) Distribution among regions.--Of the amounts set aside
under clause (i), the Secretary shall distribute to each
region of the Bureau of Indian Affairs a share of tribal
supplemental funds in proportion to the regional total of
tribal shares based on the cumulative tribal shares of all
Indian tribes within such region under subparagraph (B).
``(II) Distribution within a region.--Of the amount that a
region receives under subclause (I), the Secretary shall
distribute tribal supplemental funding among Indian tribes
within such region as follows:

``(aa) Tribal supplemental amounts.--The Secretary shall
determine--
``(AA) which such Indian tribes would be entitled under
subparagraph (A) to receive in a fiscal year less funding
than they would receive in fiscal year 2011 pursuant to the
Tribal Transportation Allocation Methodology described in
subpart C of part 170 of title 25, Code of Federal
Regulations (as in effect on the date of enactment of the MAP
21); and
``(BB) the combined amount that such Indian tribes would be
entitled to receive in fiscal year 2011 pursuant to such
Tribal Transportation Allocation Methodology in excess of the
amount that they would be entitled to receive in the fiscal
year under subparagraph (B); and
``(bb) Subject to subclause (III), distribute to each
Indian tribe that meets the criteria described in item
(aa)(AA) a share of funding under this subparagraph in
proportion to the share of the combined amount determined
under item (aa)(BB) attributable to such Indian tribe.

``(III) Ceiling.--An Indian tribe may not receive under
subclause (II) and based on its tribal share under
subparagraph (A) a combined amount that exceeds the amount
that such Indian tribe would be entitled to receive in fiscal
year 2011 pursuant to the Tribal Transportation Allocation
Methodology described in subpart C of part 170 of title 25,
Code of Federal Regulations (as in effect on the date of
enactment of the MAP 21).
``(IV) Other amounts.--If the amount made available for a
region under subclause (I) exceeds the amount distributed
among Indian tribes within that region under subclause (II),
the Secretary shall distribute the remainder of such region's
funding under such subclause among all Indian tribes in that
region in proportion to the combined amount that each such
Indian tribe received under subparagraph (A) and subclauses
(I), (II), and (III).

``(4) Transferred funds.--
``(A) In general.--Not later than 30 days after the date on
which funds are made available to the Secretary of the
Interior under this paragraph, the funds shall be distributed
to, and made available for immediate use by, eligible Indian
tribes, in accordance with the formula for distribution of
funds under the tribal transportation program.
``(B) Use of funds.--Notwithstanding any other provision of
this section, funds made available to Indian tribes for
tribal transportation facilities shall be expended on
projects identified in a transportation improvement program
approved by the Secretary.
``(5) Health and safety assurances.--Notwithstanding any
other provision of law, an Indian tribal government may
approve plans, specifications, and estimates and commence
road and bridge construction with funds made available from
the tribal transportation program through a contract or
agreement under Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.), if the Indian tribal
government--
``(A) provides assurances in the contract or agreement that
the construction will meet or exceed applicable health and
safety standards;
``(B) obtains the advance review of the plans and
specifications from a State-licensed civil engineer that has
certified that the plans and specifications meet or exceed
the applicable health and safety standards; and
``(C) provides a copy of the certification under
subparagraph (A) to the Deputy Assistant Secretary for Tribal
Government Affairs, Department of Transportation, or the
Assistant Secretary for Indian Affairs, Department of the
Interior, as appropriate.
``(6) Contracts and agreements with indian tribes.--
``(A) In general.--Notwithstanding any other provision of
law or any interagency agreement, program guideline, manual,
or policy directive, all funds made available through the
Secretary of the Interior under this chapter and section
125(e) for tribal transportation facilities to pay for the
costs of programs, services, functions, and activities, or
portions of programs, services, functions, or activities,
that are specifically or functionally related to the cost of
planning, research, engineering, and construction of any
tribal transportation facility shall be made available, upon
request of the Indian tribal government, to the Indian tribal
government for contracts and agreements for such planning,
research, engineering, and construction in accordance with
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
``(B) Exclusion of agency participation.--All funds,
including contract support costs, for programs, functions,
services, or activities, or portions of programs, services,
functions, or activities, including supportive administrative
functions that are otherwise contractible to which
subparagraph (A) applies, shall be paid in accordance with
subparagraph (A), without regard to the organizational level
at which the Department of

[[Page S1235]]

the Interior has previously carried out such programs,
functions, services, or activities.
``(7) Contracts and agreements with indian tribes.--
``(A) In general.--Notwithstanding any other provision of
law or any interagency agreement, program guideline, manual,
or policy directive, all funds made available through the
Secretary of the Interior to an Indian tribal government
under this chapter for a tribal transportation facility
program or project shall be made available, on the request of
the Indian tribal government, to the Indian tribal government
for use in carrying out, in accordance with the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.), contracts and agreements for the planning, research,
design, engineering, construction, and maintenance relating
to the program or project.
``(B) Exclusion of agency participation.--In accordance
with subparagraph (A), all funds, including contract support
costs, for a program or project to which subparagraph (A)
applies shall be paid to the Indian tribal government without
regard to the organizational level at which the Department of
the Interior has previously carried out, or the Department of
Transportation has previously carried out under the tribal
transportation program, the programs, functions, services, or
activities involved.
``(C) Consortia.--Two or more Indian tribes that are
otherwise eligible to participate in a program or project to
which this chapter applies may form a consortium to be
considered as a single Indian tribe for the purpose of
participating in the project under this section.
``(D) Secretary as signatory.--Notwithstanding any other
provision of law, the Secretary is authorized to enter into a
funding agreement with an Indian tribal government to carry
out a tribal transportation facility program or project under
subparagraph (A) that is located on an Indian reservation or
provides access to the reservation or a community of the
Indian tribe.
``(E) Funding.--The amount an Indian tribal government
receives for a program or project under subparagraph (A)
shall equal the sum of the funding that the Indian tribal
government would otherwise receive for the program or project
in accordance with the funding formula established under this
subsection and such additional amounts as the Secretary
determines equal the amounts that would have been withheld
for the costs of the Bureau of Indian Affairs for
administration of the program or project.
``(F) Eligibility.--
``(i) In general.--Subject to clause (ii) and the approval
of the Secretary, funds may be made available under
subparagraph (A) to an Indian tribal government for a program
or project in a fiscal year only if the Indian tribal
government requesting such funds demonstrates to the
satisfaction of the Secretary financial stability and
financial management capability during the 3 fiscal years
immediately preceding the fiscal year for which the request
is being made.
``(ii) Considerations.--An Indian tribal government that
had no uncorrected significant and material audit exceptions
in the required annual audit of the contracts or self-
governance funding agreements made by the Indian tribe with
any Federal agency under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.) during the
3-fiscal year period referred in clause (i) shall be
conclusive evidence of the financial stability and financial
management capability of the Indian tribe for purposes of
clause (i).
``(G) Assumption of functions and duties.--An Indian tribal
government receiving funding under subparagraph (A) for a
program or project shall assume all functions and duties that
the Secretary of the Interior would have performed with
respect to a program or project under this chapter, other
than those functions and duties that inherently cannot be
legally transferred under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
``(H) Powers.--An Indian tribal government receiving
funding under subparagraph (A) for a program or project shall
have all powers that the Secretary of the Interior would have
exercised in administering the funds transferred to the
Indian tribal government for such program or project under
this section if the funds had not been transferred, except to
the extent that such powers are powers that inherently cannot
be legally transferred under the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.).
``(I) Dispute resolution.--In the event of a disagreement
between the Secretary or the Secretary of the Interior and an
Indian tribe over whether a particular function, duty, or
power may be lawfully transferred to the Indian tribe under
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.), the Indian tribe shall have the
right to pursue all alternative dispute resolution and appeal
procedures authorized by that Act, including regulations
issued to carry out the Act.
``(J) Termination of contract or agreement.--On the date of
the termination of a contract or agreement under this section
by an Indian tribal government, the Secretary shall transfer
all funds that would have been allocated to the Indian tribal
government under the contract or agreement to the Secretary
of the Interior to provide continued transportation services
in accordance with applicable law.
``(c) Planning.--
``(1) In general.--For each fiscal year, not more than 2
percent of the funds made available for the tribal
transportation program shall be allocated among Indian tribal
governments that apply for transportation planning pursuant
to the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.).
``(2) Requirement.--An Indian tribal government, in
cooperation with the Secretary of the Interior and, as
appropriate, with a State, local government, or metropolitan
planning organization, shall carry out a transportation
planning process in accordance with section 201(c).
``(3) Selection and approval of projects.--A project funded
under this section shall be--
``(A) selected by the Indian tribal government from the
transportation improvement program; and
``(B) subject to the approval of the Secretary of the
Interior and the Secretary.
``(d) Tribal Transportation Facility Bridges.--
``(1) Nationwide priority program.--The Secretary shall
maintain a nationwide priority program for improving
deficient bridges eligible for the tribal transportation
program.
``(2) Funding.--Before making any distribution under
subsection (b), the Secretary shall set aside not more than 2
percent of the funds made available under the tribal
transportation program for each fiscal year to be allocated--
``(A) to carry out any planning, design, engineering,
preconstruction, construction, and inspection of a project to
replace, rehabilitate, seismically retrofit, paint, apply
calcium magnesium acetate, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-icing
and deicing composition; or
``(B) to implement any countermeasure for deficient tribal
transportation facility bridges, including multiple-pipe
culverts.
``(3) Eligible bridges.--To be eligible to receive funding
under this subsection, a bridge described in paragraph (1)
shall--
``(A) have an opening of not less than 20 feet;
``(B) be classified as a tribal transportation facility;
and
``(C) be structurally deficient or functionally obsolete.
``(4) Approval requirement.--The Secretary may make funds
available under this subsection for preliminary engineering,
construction, and construction engineering activities after
approval of required documentation and verification of
eligibility in accordance with this title.
``(e) Safety.--
``(1) Funding.--Before making any distribution under
subsection (b), the Secretary shall set aside not more than 2
percent of the funds made available under the tribal
transportation program for each fiscal year to be allocated
based on an identification and analysis of highway safety
issues and opportunities on tribal land, as determined by the
Secretary, on application of the Indian tribal governments
for eligible projects described in section 148(a)(4).
``(2) Project selection.--An Indian tribal government, in
cooperation with the Secretary of the Interior and, as
appropriate, with a State, local government, or metropolitan
planning organization, shall select projects from the
transportation improvement program, subject to the approval
of the Secretary and the Secretary of the Interior.
``(f) Federal-aid Eligible Projects.--Before approving as a
project on a tribal transportation facility any project
eligible for funds apportioned under section 104 in a State,
the Secretary shall, for projects on tribal transportation
facilities, determine that the obligation of funds for the
project is supplementary to and not in lieu of the obligation
of a fair and equitable share of funds apportioned to the
State under section 104.

``Sec.  203. Federal lands transportation program

``(a) Use of Funds.--
``(1) In general.--Funds made available under the Federal
lands transportation program shall be used by the Secretary
of Transportation and the Secretary of the appropriate
Federal land management agency to pay the costs of--
``(A) program administration, transportation planning,
research, preventive maintenance, engineering,
rehabilitation, restoration, construction, and reconstruction
of Federal lands transportation facilities, and--
``(i) adjacent vehicular parking areas;
``(ii) acquisition of necessary scenic easements and scenic
or historic sites;
``(iii) provision for pedestrians and bicycles;
``(iv) environmental mitigation in or adjacent to Federal
land open to the public--

``(I) to improve public safety and reduce vehicle-caused
wildlife mortality while maintaining habitat connectivity;
and
``(II) to mitigate the damage to wildlife, aquatic organism
passage, habitat, and ecosystem connectivity, including the
costs of constructing, maintaining, replacing, or removing
culverts and bridges, as appropriate;

``(v) construction and reconstruction of roadside rest
areas, including sanitary and water facilities;
``(vi) congestion mitigation; and
``(vii) other appropriate public road facilities, as
determined by the Secretary;
``(B) operation and maintenance of transit facilities; and
``(C) any transportation project eligible for assistance
under this title that is on a public

[[Page S1236]]

road within or adjacent to, or that provides access to,
Federal lands open to the public.
``(2) Contract.--In connection with an activity described
in paragraph (1), the Secretary and the Secretary of the
appropriate Federal land management agency may enter into a
contract or other appropriate agreement with respect to the
activity with--
``(A) a State (including a political subdivision of a
State); or
``(B) an Indian tribe.
``(3) Administration.--All appropriations for the
construction and improvement of Federal lands transportation
facilities shall be administered in conformity with
regulations and agreements jointly approved by the Secretary
and the Secretary of the appropriate Federal land managing
agency.
``(4) Cooperation.--
``(A) In general.--The cooperation of States, counties, or
other local subdivisions may be accepted in construction and
improvement.
``(B) Funds received.--Any funds received from a State,
county, or local subdivision shall be credited to
appropriations available for the class of Federal lands
transportation facilities to which the funds were
contributed.
``(5) Competitive bidding.--
``(A) In general.--Subject to subparagraph (B),
construction of each project shall be performed by contract
awarded by competitive bidding.
``(B) Exception.--Subparagraph (A) shall not apply if the
Secretary or the Secretary of the appropriate Federal land
management agency affirmatively finds that, under the
circumstances relating to the project, a different method is
in the public interest.
``(b) Agency Program Distributions.--
``(1) In general.--On October 1, 2011, and on October 1 of
each fiscal year thereafter, the Secretary shall allocate the
sums authorized to be appropriated for the fiscal year for
the Federal lands transportation program on the basis of
applications of need, as determined by the Secretary--
``(A) in consultation with the Secretaries of the
applicable Federal land management agencies; and
``(B) in coordination with the transportation plans
required under section 201 of the respective transportation
systems of--
``(i) the National Park Service;
``(ii) the Forest Service;
``(iii) the United States Fish and Wildlife Service;
``(iv) the Corps of Engineers; and
``(v) the Bureau of Land Management.
``(2) Applications.--
``(A) Requirements.--Each application submitted by a
Federal land management agency shall include proposed
programs at various potential funding levels, as defined by
the Secretary following collaborative discussions with
applicable Federal land management agencies.
``(B) Consideration by secretary.--In evaluating an
application submitted under subparagraph (A), the Secretary
shall consider the extent to which the programs support--
``(i) the transportation goals of--

``(I) a state of good repair of transportation facilities;
``(II) a reduction of bridge deficiencies, and
``(III) an improvement of safety;

``(ii) high-use Federal recreational sites or Federal
economic generators; and
``(iii) the resource and asset management goals of the
Secretary of the respective Federal land management agency.
``(C) Permissive contents.--Applications may include
proposed programs the duration of which extend over a
multiple-year period to support long-term transportation
planning and resource management initiatives.
``(c) National Federal Lands Transportation Facility
Inventory.--
``(1) In general.--The Secretaries of the appropriate
Federal land management agencies, in cooperation with the
Secretary, shall maintain a comprehensive national inventory
of public Federal lands transportation facilities.
``(2) Transportation facilities included in the
inventories.--To identify the Federal lands transportation
system and determine the relative transportation needs among
Federal land management agencies, the inventories shall
include, at a minimum, facilities that--
``(A) provide access to high-use Federal recreation sites
or Federal economic generators, as determined by the
Secretary in coordination with the respective Secretaries of
the appropriate Federal land management agencies; and
``(B) are owned by 1 of the following agencies:
``(i) The National Park Service.
``(ii) The Forest Service.
``(iii) The United States Fish and Wildlife Service.
``(iv) The Bureau of Land Management.
``(v) The Corps of Engineers.
``(3) Availability.--The inventories shall be made
available to the Secretary.
``(4) Updates.--The Secretaries of the appropriate Federal
land management agencies shall update the inventories of the
appropriate Federal land management agencies, as determined
by the Secretary after collaborative discussions with the
Secretaries of the appropriate Federal land management
agencies.
``(5) Review.--A decision to add or remove a facility from
the inventory shall not be considered a Federal action for
purposes of review under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
``(d) Bicycle Safety.--The Secretary of the appropriate
Federal land management agency shall prohibit the use of
bicycles on each federally owned road that has a speed limit
of 30 miles per hour or greater and an adjacent paved path
for use by bicycles within 100 yards of the road.

``Sec.  204. Federal lands access program

``(a) Use of Funds.--
``(1) In general.--Funds made available under the Federal
lands access program shall be used by the Secretary of
Transportation and the Secretary of the appropriate Federal
land management agency to pay the cost of--
``(A) transportation planning, research, engineering,
preventive maintenance, rehabilitation, restoration,
construction, and reconstruction of Federal lands access
transportation facilities located on or adjacent to, or that
provide access to, Federal land, and--
``(i) adjacent vehicular parking areas;
``(ii) acquisition of necessary scenic easements and scenic
or historic sites;
``(iii) provisions for pedestrians and bicycles;
``(iv) environmental mitigation in or adjacent to Federal
land--

``(I) to improve public safety and reduce vehicle-caused
wildlife mortality while maintaining habitat connectivity;
and
``(II) to mitigate the damage to wildlife, aquatic organism
passage, habitat, and ecosystem connectivity, including the
costs of constructing, maintaining, replacing, or removing
culverts and bridges, as appropriate;

``(v) construction and reconstruction of roadside rest
areas, including sanitary and water facilities; and
``(vi) other appropriate public road facilities, as
determined by the Secretary;
``(B) operation and maintenance of transit facilities; and
``(C) any transportation project eligible for assistance
under this title that is within or adjacent to, or that
provides access to, Federal land.
``(2) Contract.--In connection with an activity described
in paragraph (1), the Secretary and the Secretary of the
appropriate Federal land management agency may enter into a
contract or other appropriate agreement with respect to the
activity with--
``(A) a State (including a political subdivision of a
State); or
``(B) an Indian tribe.
``(3) Administration.--All appropriations for the
construction and improvement of Federal lands access
transportation facilities shall be administered in conformity
with regulations and agreements approved by the Secretary.
``(4) Cooperation.--
``(A) In general.--The cooperation of States, counties, or
other local subdivisions may be accepted in construction and
improvement.
``(B) Funds received.--Any funds received from a State,
county, or local subdivision for a Federal lands access
transportation facility project shall be credited to
appropriations available under the Federal lands access
program.
``(5) Competitive bidding.--
``(A) In general.--Subject to subparagraph (B),
construction of each project shall be performed by contract
awarded by competitive bidding.
``(B) Exception.--Subparagraph (A) shall not apply if the
Secretary or the Secretary of the appropriate Federal land
management agency affirmatively finds that, under the
circumstances relating to the project, a different method is
in the public interest.
``(b) Program Distributions.--
``(1) In general.--Funding made available to carry out the
Federal lands access program shall be allocated among those
States that have Federal land, in accordance with the
following formula:
``(A) 80 percent of the available funding for use in those
States that contain at least 1 \1/2\ percent of the total
public land in the United States managed by the agencies
described in paragraph (2), to be distributed as follows:
``(i) 30 percent in the ratio that--

``(I) recreational visitation within each such State; bears
to
``(II) the recreational visitation within all such States.

``(ii) 5 percent in the ratio that--

``(I) the Federal land area within each such State; bears
to
``(II) the Federal land area in all such States.

``(iii) 55 percent in the ratio that--

``(I) the Federal public road miles within each such State;
bears to
``(II) the Federal public road miles in all such States.

``(iv) 10 percent in the ratio that--

``(I) the number of Federal public bridges within each such
State; bears to
``(II) the number of Federal public bridges in all such
States.

``(B) 20 percent of the available funding for use in those
States that do not contain at least 1 \1/2\ percent of the
total public land in the United States managed by the
agencies described in paragraph (2), to be distributed as
follows:
``(i) 30 percent in the ratio that--

``(I) recreational visitation within each such State; bears
to
``(II) the recreational visitation within all such States.

``(ii) 5 percent in the ratio that--

``(I) the Federal land area within each such State; bears
to
``(II) the Federal land area in all such States.

[[Page S1237]]

``(iii) 55 percent in the ratio that--

``(I) the Federal public road miles within each such State;
bears to
``(II) the Federal public road miles in all such States.

``(iv) 10 percent in the ratio that--

``(I) the number of Federal public bridges within each such
State; bears to
``(II) the number of Federal public bridges in all such
States.

``(2) Data source.--Data necessary to distribute funding
under paragraph (1) shall be provided by the following
Federal land management agencies:
``(A) The National Park Service.
``(B) The Forest Service.
``(C) The United States Fish and Wildlife Service.
``(D) The Bureau of Land Management.
``(E) The Corps of Engineers.
``(c) Programming Decisions Committee.--
``(1) In general.--Programming decisions shall be made
within each State by a committee comprised of--
``(A) a representative of the Federal Highway
Administration;
``(B) a representative of the State Department of
Transportation; and
``(C) a representative of any appropriate political
subdivision of the State.
``(2) Consultation requirement.--The committee described in
paragraph (1) shall consult with each applicable Federal
agency in each State before any joint discussion or final
programming decision.
``(3) Project preference.--In making a programming decision
under paragraph (1), the committee shall give preference to
projects that provide access to, are adjacent to, or are
located within high-use Federal recreation sites or Federal
economic generators, as identified by the Secretaries of the
appropriate Federal land management agencies.''.
(b) Public Lands Development Roads and Trails.--Section 214
of title 23, United States Code, is repealed.
(c) Conforming Amendments.--
(1) Chapter 2 analysis.--The analysis for chapter 2 of
title 23, United States Code, is amended:
(A) By striking the items relating to sections 201 through
204 and inserting the following:

``201. Federal lands and tribal transportation programs.
``202. Tribal transportation program.
``203. Federal lands transportation program.
``204. Federal lands access program.''.
(B) By striking the item relating to section 214.
(2) Definition.--Section 138(a) of title 23, United States
Code, is amended in the third sentence by striking ``park
road or parkway under section 204 of this title'' and
inserting ``Federal lands transportation facility''.
(3) Rules, regulations, and recommendations.--Section 315
of title 23, United States Code, is amended by striking
``204(f)'' and inserting ``202(a)(5), 203(a)(3),''.

SEC. 1117. ALASKA HIGHWAY.

Section 218 of title 23, United States Code, is amended to
read as follows:

``Sec.  218. Alaska Highway

``(a) Definition of Alaska Marine Highway System.--In this
section, the term `Alaska Marine Highway System' includes
each existing or planned transportation facility and
equipment in the State of Alaska relating to the ferry system
of the State, including the lease, purchase, or construction
of vessels, terminals, docks, floats, ramps, staging areas,
parking lots, bridges, and approaches thereto, and necessary
roads.
``(b) Authorization of Secretary.--
``(1) In general.--Recognizing the benefits that will
accrue to the State of Alaska and to the United States from
the reconstruction of the Alaska Highway from the Alaskan
border to Haines Junction in Canada and the Haines Cutoff
Highway from Haines Junction in Canada to Haines, the
Secretary is authorized, upon agreement with the State of
Alaska, to expend on such highway or the Alaska Marine
Highway System any Federal-aid highway funds apportioned to
the State of Alaska under this title to provide for necessary
reconstruction of such highway.
``(2) Limitation.--No expenditures shall be made for the
construction of the portion of the highways that are in
located in Canada until the date on which an agreement has
been reached by the Government of Canada and the Government
of the United States, which shall provide in part, that the
Canadian Government--
``(A) will provide, without participation of funds
authorized under this title, all necessary right-of-way for
the construction of the highways;
``(B) will not impose any highway toll, or permit any toll
to be charged for the use of the highways by vehicles or
persons;
``(C) will not levy or assess, directly or indirectly, any
fee, tax, or other charge for the use of the highways by
vehicles or persons from the United States that does not
apply equally to vehicles or persons of Canada;
``(D) will continue to grant reciprocal recognition of
vehicle registration and drivers' licenses in accordance with
agreements between the United States and Canada; and
``(E) will maintain the highways after the date of
completion of the highways in proper condition adequately to
serve the needs of present and future traffic.
``(c) Supervision of Secretary.--The survey and
construction work undertaken in Canada pursuant to this
section shall be under the general supervision of the
Secretary.''.

SEC. 1118. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.

(a) Establishment of Program.--The Secretary shall
establish a program in accordance with this section to
provide grants for projects of national and regional
significance.
(b) Purpose of Program.--The purpose of the projects of
national and regional significance program shall be to fund
critical high-cost surface transportation infrastructure
projects that are difficult to complete with existing
Federal, State, local, and private funds and that will--
(1) generate national and regional economic benefits and
increase global economic competitiveness;
(2) reduce congestion and its impacts;
(3) improve roadways vital to national energy security;
(4) improve movement of freight and people; and
(5) improve transportation safety.
(c) Definitions.--In this section:
(1) Eligible applicant.--The term ``eligible applicant''
means a State department of transportation or a group of
State departments of transportation, a local government, a
tribal government or consortium of tribal governments, a
transit agency, a port authority, a metropolitan planning
organization, other political subdivisions of State or local
governments, or a multi-State or multi-jurisdictional group
of the aforementioned entities.
(2) Eligible project.--The term ``eligible project'' means
a surface transportation project or a program of integrated
surface transportation projects closely related in the
function they perform that--
(A) is a capital project or projects--
(i) eligible for Federal financial assistance under title
23, United States Code, or under chapter 53 of title 49,
United States Code; or
(ii) for surface transportation infrastructure to
facilitate intermodal interchange, transfer, and access into
and out of intermodal facilities, including ports; and
(B) has eligible project costs that are reasonably
anticipated to equal or exceed the lesser of--
(i) $500,000,000;
(ii) for a project located in a single State, 30 percent of
the amount of Federal-aid highway funds apportioned for the
most recently completed fiscal year to the State; or
(iii) for a project located in more than 1 State, 75
percent of the amount of Federal-aid highway funds
apportioned for the most recently completed fiscal year to
the State in which the project is located that has the
largest apportionment.
(3) Eligible project costs.--The term ``eligible project
costs'' means the costs of--
(A) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities;
(B) construction, reconstruction, rehabilitation, and
acquisition of real property (including land related to the
project and improvements to land), environmental mitigation,
construction contingencies, acquisition of equipment directly
related to improving system performance, and operational
improvements; and
(C) all financing costs, including subsidy costs under the
Transportation Infrastructure Finance and Innovation Act
program.
(d) Solicitations and Applications.--
(1) Grant solicitations.--The Secretary shall establish
criteria for project evaluation and conduct a transparent and
competitive national solicitation process to select projects
for funding to carry out the purposes of this section.
(2) Applications.--
(A) In general.--An eligible applicant seeking a grant
under this section for an eligible project shall submit an
application to the Secretary in such form and in accordance
with such requirements as the Secretary shall establish.
(B) Contents.--An application under this subsection shall,
at a minimum, include data on current system performance and
estimated system improvements that will result from
completion of the eligible project, including projections for
2, 7, and 15 years after completion.
(C) Resubmission of applications.--An eligible applicant
whose project is not selected by the Secretary may resubmit
an application in any subsequent solicitation.
(e) Criteria for Project Evaluation and Selection.--
(1) In general.--The Secretary may select a project only if
the Secretary determines that the project--
(A) will significantly improve the performance of the
national surface transportation network, nationally or
regionally;
(B) is based on the results of preliminary engineering;
(C) cannot be readily and efficiently completed without
Federal support from this program;
(D) is justified based on the ability of the project--
(i) to generate national economic benefits that reasonably
exceed its costs, including increased access to jobs, labor,
and other critical economic inputs;
(ii) to reduce long-term congestion, including impacts in
the State, region, and Nation, and increase speed,
reliability, and accessibility of the movement of people or
freight; and

[[Page S1238]]

(iii) to improve transportation safety, including reducing
transportation accidents, and serious injuries and
fatalities; and
(E) is supported by an acceptable degree of non-Federal
financial commitments, including evidence of stable and
dependable financing sources to construct, maintain, and
operate the infrastructure facility.
(2) Additional considerations.--In evaluating a project
under this section, in addition to the criteria in paragraph
(1), the Secretary shall consider the extent to which the
project--
(A) leverages Federal investment by encouraging non-Federal
contributions to the project, including contributions from
public-private partnerships;
(B) is able to begin construction within 18 months of being
selected;
(C) incorporates innovative project delivery and financing
where practical;
(D) stimulates collaboration between States and among State
and local governments;
(E) helps maintain or protect the environment;
(F) improves roadways vital to national energy security;
(G) uses innovative technologies, including intelligent
transportation systems, that enhance the efficiency of the
project; and
(H) contributes to an equitable geographic distribution of
funds under this section and an appropriate balance in
addressing the needs of urban and rural communities.
(f) Grant Requirements.--
(1) In general.--A grant for a project under this section
shall be subject to the following requirements:
(A) A qualifying highway project eligible for funding under
title 23, United States Code, or public transportation
project eligible under chapter 53 of title 49, United States
Code, shall comply with all applicable requirements of such
title or chapter except that, if the project contains
elements or activities that are not eligible for funding
under such title or chapter but are eligible for funding
under this section, the elements or activities shall comply
with the requirements described in subparagraph (B).
(B) A qualifying surface transportation project not
eligible under title 23, United States Code, or chapter 53 of
title 49, United States Code, shall comply with the
requirements of subchapter IV of chapter 31 of title 40,
United States Code, section 10a-d of title 41, United States
Code, and such other terms, conditions, and requirements as
the Secretary determines are necessary and appropriate for
the type of project.
(2) Determination of applicable modal requirements.--In the
event that a project has cross-modal components, the
Secretary shall have the discretion to designate the
requirements that shall apply to the project based on
predominant components.
(3) Other terms and conditions.--The Secretary shall
require that all grants under this section be subject to all
terms, conditions, and requirements that the Secretary
decides are necessary or appropriate for purposes of this
section, including requirements for the disposition of net
increases in value of real property resulting from the
project assisted under this section.
(g) Federal Share of Project Cost.--
(1) In general.--If a project funded under this section is
to construct or improve a privately owned facility or would
primarily benefit a private entity, the Federal share shall
be the lesser of 50 percent of the total project cost or the
quantified public benefit of the project. For all other
projects funded under this section--
(A) the Federal share of funds under this section shall be
up to 50 percent of the project cost; and
(B) the project sponsor may use other eligible Federal
transportation funds to cover up to an additional 30 percent
of the project costs.
(2) Pre-approval costs.--The Secretary may allow costs
incurred prior to project approval to be used as a credit
toward the non-Federal share of the cost of the project. Such
costs must be adequately documented, necessary, reasonable,
and allocable to the current phase of the project and such
costs may not be included as a cost or used to meet cost-
sharing or matching requirements of any other federally-
financed project.
(h) Report to the Secretary.--For each project funded under
this section, the project sponsor shall reassess system
performance and report to the Secretary 2, 7, and 15 years
after completion of the project to assess if the project
outcomes have met pre-construction projections.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, to remain
available until expended, $1,000,000,000 for fiscal year
2013.
(j) Treatment of Projects.--Notwithstanding any other
provision of law, projects funded under this section shall be
treated as projects on a Federal-aid highway under chapter 1
of title 23, United States Code.
(k) Reports.--
(1) Secretary.--
(A) In general.--Not later than 30 days after the date on
which the Secretary selects a project for funding under this
section, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report that describes the reasons for
selecting the project, based on the criteria described in
subsection (e).
(B) Inclusions.--The report submitted under subparagraph
(A) shall specify each criteria described in subsection (e)
that the project meets.
(C) Availability.--The Secretary shall make available on
the website of the Department the report submitted under
subparagraph (A).
(2) Comptroller general.--
(A) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the establishment,
solicitation, selection, and justification process with
respect to the funding of projects under this section.
(B) Report.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that describes--
(i) the process by which each project was selected;
(ii) the factors that went into the selection of each
project; and
(iii) the justification for the selection of each project
based on the criteria described in subsection (e).
(3) Inspector general.--
(A) Assessment.--The Inspector General of the Department
shall conduct an assessment of the establishment,
solicitation, selection, and justification process with
respect to the funding of projects under this section.
(B) Initial report.--Not later than 2 years after the date
of enactment of this Act, the Inspector General of the
Department shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that describes the initial results
of the assessment conducted under subparagraph (A).
(C) Final report.--Not later than 4 years after the date of
enactment of this Act, the Inspector General of the
Department shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a final report that describes the findings of
the Inspector General of the Department with respect to the
assessment conducted under subparagraph (A).
(l) Regulations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall promulgate final
regulations implementing the program authorized under this
section.
(2) Interim provisions.--Until the date on which the
Secretary promulgates final regulations under paragraph (1),
any amounts made available under subsection (i) to carry out
this section shall be distributed in accordance with--
(A) the guidance and policies developed for the
distribution of grants under the program using the notice of
funding availability entitled ``Notice of Funding
Availability for the Department of Transportation's National
Infrastructure Investments Under the Full-Year Continuing
Appropriations, 2012; and Request for Comments'' (77 Fed.
Reg. 4863 (January 31, 2012));or
(B) such guidance and policies as subsequently revised and
updated.

Subtitle B--Performance Management

SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.

Section 134 of title 23, United States Code, is amended to
read as follows:

``Sec.  134. Metropolitan transportation planning

``(a) Policy.--It is in the national interest--
``(1) to encourage and promote the safe, cost-effective,
and efficient management, operation, and development of
surface transportation systems that will serve efficiently
the mobility needs of individuals and freight, reduce
transportation-related fatalities and serious injuries, and
foster economic growth and development within and between
States and urbanized areas, while fitting the needs and
complexity of individual communities, maximizing value for
taxpayers, leveraging cooperative investments, and minimizing
transportation-related fuel consumption and air pollution
through the metropolitan and statewide transportation
planning processes identified in this title;
``(2) to encourage the continued improvement, evolution,
and coordination of the metropolitan and statewide
transportation planning processes by and among metropolitan
planning organizations, State departments of transportation,
regional planning organizations, interstate partnerships, and
public transportation and intercity service operators as
guided by the planning factors identified in subsection (h)
of this section and section 135(d);
``(3) to encourage and promote transportation needs and
decisions that are integrated with other planning needs and
priorities; and
``(4) to maximize the effectiveness of transportation
investments.
``(b) Definitions.--In this section and section 135, the
following definitions shall apply:
``(1) Existing mpo.--The term `existing MPO' means a
metropolitan planning organization that was designated as a
metropolitan planning organization on the day before the date
of enactment of the MAP 21.
``(2) Local official.--The term `local official' means any
elected or appointed official

[[Page S1239]]

of general purpose local government with responsibility for
transportation in a designated area.
``(3) Maintenance area.--The term `maintenance area' means
an area that was designated as an air quality nonattainment
area, but was later redesignated by the Administrator of the
Environmental Protection Agency as an air quality attainment
area, under section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)).
``(4) Metropolitan planning area.--The term `metropolitan
planning area' means a geographical area determined by
agreement between the metropolitan planning organization for
the area and the applicable Governor under subsection (c).
``(5) Metropolitan planning organization.--The term
`metropolitan planning organization' means the policy board
of an organization established pursuant to subsection (c).
``(6) Metropolitan transportation plan.--The term
`metropolitan transportation plan' means a plan developed by
a metropolitan planning organization under subsection (i).
``(7) Nonattainment area.--The term `nonattainment area'
has the meaning given the term in section 171 of the Clean
Air Act (42 U.S.C. 7501).
``(8) Nonmetropolitan area.--
``(A) In general.--The term `nonmetropolitan area' means a
geographical area outside the boundaries of a designated
metropolitan planning area.
``(B) Inclusions.--The term `nonmetropolitan area'
includes--
``(i) a small urbanized area with a population of more than
50,000, but fewer than 200,000, individuals, as calculated
according to the most recent decennial census; and
``(ii) a nonurbanized area.
``(9) Nonmetropolitan planning organization.--The term
`nonmetropolitan planning organization' means an organization
that--
``(A) was designated as a metropolitan planning
organization as of the day before the date of enactment of
the MAP-21; and
``(B) is not designated as a tier I MPO or tier II MPO.
``(10) Regionally significant.--The term `regionally
significant', with respect to a transportation project,
program, service, or strategy, means a project, program,
service, or strategy that--
``(A) serves regional transportation needs (such as access
to and from the area outside of the region, major activity
centers in the region, and major planned developments); and
``(B) would normally be included in the modeling of a
transportation network of a metropolitan area.
``(11) Rural planning organization.--The term `rural
planning organization' means an organization that--
``(A) is responsible for the planning, coordination, and
implementation of statewide transportation plans and programs
outside of a metropolitan area, with an emphasis on
addressing the needs of rural areas of the State; and
``(B) is not designated as a tier I or tier II metropolitan
planning organization or a nonmetropolitan planning
organization.
``(12) Statewide transportation improvement program.--The
term `statewide transportation improvement program' means a
statewide transportation improvement program developed by a
State under section 135(g).
``(13) Statewide transportation plan.--The term `statewide
transportation plan' means a plan developed by a State under
section 135(f).
``(14) Tier i mpo.--The term `tier I MPO' means a
metropolitan planning organization designated as a tier I MPO
under subsection (e)(4)(A).
``(15) Tier ii mpo.--The term `tier II MPO' means a
metropolitan planning organization designated as a tier I MPO
under subsection (e)(4)(B).
``(16) Transportation improvement program.--The term
`transportation improvement program' means a program
developed by a metropolitan planning organization under
subsection (j).
``(17) Urbanized area.--The term `urbanized area' means a
geographical area with a population of 50,000 or more
individuals, as calculated according to the most recent
decennial census.
``(c) Designation of Metropolitan Planning Organizations.--
``(1) In general.--To carry out the metropolitan
transportation planning process under this section, a
metropolitan planning organization shall be designated for
each urbanized area with a population of 200,000 or more
individuals, as calculated according to the most recent
decennial census--
``(A) by agreement between the applicable Governor and
local officials that, in the aggregate, represent at least 75
percent of the affected population (including the largest
incorporated city (based on population), as calculated
according to the most recent decennial census); or
``(B) in accordance with procedures established by
applicable State or local law.
``(2) Small urbanized areas.--To carry out the metropolitan
transportation planning process under this section, a
metropolitan planning organization may be designated for any
urbanized area with a population of 50,000 or more
individuals, but fewer than 200,000 individuals, as
calculated according to the most recent decennial census--
``(A) by agreement between the applicable Governor and
local officials that, in the aggregate, represent at least 75
percent of the affected population (including the largest
incorporated city (based on population), as calculated
according to the most recent decennial census); and
``(B) with the consent of the Secretary, based on a finding
that the resulting metropolitan planning organization has met
the minimum requirements under subsection (e)(4)(B).
``(3) Structure.--Not later than 1 year after the date of
enactment of the MAP-21, a metropolitan planning organization
shall consist of--
``(A) elected local officials in the relevant metropolitan
area;
``(B) officials of public agencies that administer or
operate major modes of transportation in the relevant
metropolitan area, including providers of public
transportation; and
``(C) appropriate State officials.
``(4) Effect of subsection.--Nothing in this subsection
interferes with any authority under any State law in effect
on December 18, 1991, of a public agency with multimodal
transportation responsibilities--
``(A) to develop the metropolitan transportation plans and
transportation improvement programs for adoption by a
metropolitan planning organization; or
``(B) to develop capital plans, coordinate public
transportation services and projects, or carry out other
activities pursuant to State law.
``(5) Continuing designation.--
``(A) Population of 200,000 or more.--A designation of an
existing MPO for an urbanized area with a population of
200,000 or more individuals, as calculated according to the
most recent decennial census, shall remain in effect--
``(i) for the period during which the structure of the
existing MPO complies with the requirements of paragraph (1);
or
``(ii) until the date on which the existing MPO is
redesignated under paragraph (6); and
``(B) Population of fewer than 200,000.--A designation of
an existing MPO for an urbanized area with a population of
fewer than 200,000 individuals, as calculated according to
the most recent decennial census, shall remain in effect
until the date on which the existing MPO is redesignated
under paragraph (6) unless--
``(i) the existing MPO requests that its planning
responsibilities be transferred to the State or to another
planning organization designated by the State; or
``(ii) the Secretary determines 3 years after the date on
which the Secretary issues a rule pursuant to subsection
(e)(4)(B)(i), that the existing MPO is not meeting the
minimum requirements established by the rule.
``(C) Extension.--If the applicable Governor, acting on
behalf of a metropolitan planning organization for an
urbanized area with a population of less than 200,000 that
would otherwise be terminated under subparagraph (B),
requests a probationary continuation before the termination
of the metropolitan planning organization, the Secretary
shall--
``(i) delay the termination of the metropolitan planning
organization under subparagraph (B) for a period of 1 year;
and
``(ii) provide additional technical assistance to all
metropolitan planning organizations provided an extension
under this paragraph to assist the metropolitan planning
organization in meeting the minimum requirements under
subsection (e)(4)(B)(i).
``(D) Designation as tier ii mpo.--If the Secretary
determines that the existing MPO has met the minimum
requirements under the rule issued under subsection
(e)(4)(B)(i), the Secretary shall designate the existing MPO
as a tier II MPO.
``(6) Redesignation.--
``(A) In general.--The designation of a metropolitan
planning organization under this subsection shall remain in
effect until the date on which the metropolitan planning
organization is redesignated, as appropriate, in accordance
with the requirements of this subsection pursuant to an
agreement between--
``(i) the applicable Governor; and
``(ii) affected local officials who, in the aggregate,
represent at least 75 percent of the existing metropolitan
planning area population (including the largest incorporated
city (based on population), as calculated according to the
most recent decennial census).
``(B) Restructuring.--A metropolitan planning organization
may be restructured to meet the requirements of paragraph (3)
without undertaking a redesignation.
``(7) Absence of designation.--
``(A) In general.--A metropolitan planning organization
that is the subject of a negative determination of the
Secretary under paragraph (5)(B)(ii) shall submit to the
State in which the metropolitan planning organization is
located, or to a planning organization designated by the
State, by not later than 180 days after the date on which a
notice of the negative determination is received, a 6-month
plan that includes a description of a method--
``(i) to transfer the responsibilities of the metropolitan
planning organization to the State; and
``(ii) to dissolve the metropolitan planning organization.
``(B) Action on dissolution.--On submission of a plan under
subparagraph (A), the

[[Page S1240]]

metropolitan planning area served by the applicable
metropolitan planning organization shall--
``(i) continue to receive metropolitan transportation
planning funds until the earlier of--

``(I) the date of dissolution of the metropolitan planning
organization; and
``(II) the date that is 4 years after the date of enactment
of the MAP 21; and

``(ii) be treated by the State as a nonmetropolitan area
for purposes of this title.
``(8) Designation of multiple mpos.--
``(A) In general.--More than 1 metropolitan planning
organization may be designated within an existing
metropolitan planning area only if the applicable Governor
and an existing MPO determine that the size and complexity of
the existing metropolitan planning area make the designation
of more than 1 metropolitan planning organization for the
metropolitan planning area appropriate.
``(B) Service jurisdictions.--If more than 1 metropolitan
planning organization is designated for an existing
metropolitan planning area under subparagraph (A), the
existing metropolitan planning area shall be split into
multiple metropolitan planning areas, each of which shall be
served by the existing MPO or a new metropolitan planning
organization.
``(C) Tier designation.--The tier designation of each
metropolitan planning organization subject to a designation
under this paragraph shall be determined based on the size of
each respective metropolitan planning area, in accordance
with subsection (e)(4).
``(d) Metropolitan Planning Area Boundaries.--
``(1) In general.--For purposes of this section, the
boundaries of a metropolitan planning area shall be
determined by agreement between the applicable metropolitan
planning organization and the Governor of the State in which
the metropolitan planning area is located.
``(2) Included area.--Each metropolitan planning area--
``(A) shall encompass at least the relevant existing
urbanized area and any contiguous area expected to become
urbanized within a 20-year forecast period under the
applicable metropolitan transportation plan; and
``(B) may encompass the entire relevant metropolitan
statistical area, as defined by the Office of Management and
Budget.
``(3) Identification of new urbanized areas.--The
designation by the Bureau of the Census of a new urbanized
area within the boundaries of an existing metropolitan
planning area shall not require the redesignation of the
relevant existing MPO.
``(4) Nonattainment and maintenance areas.--
``(A) Existing metropolitan planning areas.--
``(i) In general.--Except as provided in clause (ii),
notwithstanding paragraph (2), in the case of an urbanized
area designated as a nonattainment area or maintenance area
as of the date of enactment of the MAP 21, the boundaries of
the existing metropolitan planning area as of that date of
enactment shall remain in force and effect.
``(ii) Exception.--Notwithstanding clause (i), the
boundaries of an existing metropolitan planning area
described in that clause may be adjusted by agreement of the
applicable Governor and the affected metropolitan planning
organizations in accordance with paragraph (1).
``(B) New metropolitan planning areas.--In the case of an
urbanized area designated as a nonattainment area or
maintenance area after the date of enactment of the MAP 21,
the boundaries of the applicable metropolitan planning area--
``(i) shall be established in accordance with subsection
(c)(1);
``(ii) shall encompass the areas described in paragraph
(2)(A);
``(iii) may encompass the areas described in paragraph
(2)(B); and
``(iv) may address any appropriate nonattainment area or
maintenance area.
``(e) Requirements.--
``(1) Development of plans and tips.--To accomplish the
policy objectives described in subsection (a), each
metropolitan planning organization, in cooperation with the
applicable State and public transportation operators, shall
develop metropolitan transportation plans and transportation
improvement programs for metropolitan planning areas of the
State through a performance-driven, outcome-based approach to
metropolitan transportation planning consistent with
subsection (h).
``(2) Contents.--The metropolitan transportation plans and
transportation improvement programs for each metropolitan
area shall provide for the development and integrated
management and operation of transportation systems and
facilities (including accessible pedestrian walkways, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation) that will function as--
``(A) an intermodal transportation system for the
metropolitan planning area; and
``(B) an integral part of an intermodal transportation
system for the applicable State and the United States.
``(3) Process of development.--The process for developing
metropolitan transportation plans and transportation
improvement programs shall--
``(A) provide for consideration of all modes of
transportation; and
``(B) be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation needs to be addressed.
``(4) Tiering.--
``(A) Tier i mpos.--
``(i) In general.--A metropolitan planning organization
shall be designated as a tier I MPO if--

``(I) as certified by the Governor of each applicable
State, the metropolitan planning organization operates
within, and primarily serves, a metropolitan planning area
with a population of 1,000,000 or more individuals, as
calculated according to the most recent decennial census; and
``(II) the Secretary determines the metropolitan planning
organization--

``(aa) meets the minimum technical requirements under
clause (iv); and
``(bb) not later than 2 years after the date of enactment
of the MAP 21, will fully implement the processes described
in subsections (h) though (j).
``(ii) Absence of designation.--In the absence of
designation as a tier I MPO under clause (i), a metropolitan
planning organization shall operate as a tier II MPO until
the date on which the Secretary determines the metropolitan
planning organization can meet the minimum technical
requirements under clause (iv).
``(iii) Redesignation as tier i.--A metropolitan planning
organization operating within a metropolitan planning area
with a population of 200,000 or more and fewer than 1,000,000
individuals and primarily within urbanized areas with
populations of 200,000 or more individuals, as calculated
according to the most recent decennial census, that is
designated as a tier II MPO under subparagraph (B) may
request, with the support of the applicable Governor, a
redesignation as a tier I MPO on a determination by the
Secretary that the metropolitan planning organization has met
the minimum technical requirements under clause (iv).
``(iv) Minimum technical requirements.--Not later than 1
year after the date of enactment of the MAP 21, the Secretary
shall issue a rule that establishes the minimum technical
requirements necessary for a metropolitan planning
organization to be designated as a tier I MPO, including, at
a minimum, modeling, data, staffing, and other technical
requirements.
``(B) Tier ii mpos.--
``(i) In general.--Not later than 1 year after the date of
enactment of the MAP 21, the Secretary shall issue a rule
that establishes minimum requirements necessary for a
metropolitan planning organization to be designated as a tier
II MPO.
``(ii) Requirements.--The minimum requirements established
under clause (i) shall--

``(I) ensure that each metropolitan planning organization
has the capabilities necessary to develop the metropolitan
transportation plan and transportation improvement program
under this section; and
``(II) include--

``(aa) only the staff resources necessary to operate the
metropolitan planning organization; and
``(bb) a requirement that the metropolitan planning
organization has the technical capacity to conduct the
modeling necessary, as appropriate based on the size and
resources of the metropolitan planning organization, to
fulfill the requirements of this section, except that in
cases in which a metropolitan planning organization has a
formal agreement with a State to conduct the modeling on
behalf of the metropolitan planning organization, the
metropolitan planning organization shall be exempt from the
technical capacity requirement.
``(iii) Inclusion.--A metropolitan planning organization
operating primarily within an urbanized area with a
population of 200,000 or more individuals, as calculated
according to the most recent decennial census, and that does
not qualify as a tier I MPO under subparagraph (A)(i),
shall--

``(I) be designated as a tier II MPO; and
``(II) follow the processes under subsection (k).

``(C) Consolidation.--
``(i) In general.--Metropolitan planning organizations
operating within contiguous, adjacent, or geographically
linked urbanized areas may elect to consolidate in order to
meet the population thresholds required to achieve
designation as a tier I or tier II MPO under this paragraph.
``(ii) Effect of subsection.--Nothing in this subsection
requires or prevents consolidation among multiple
metropolitan planning organizations located within a single
urbanized area.
``(f) Coordination in Multistate Areas.--
``(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a multistate
metropolitan area and the appropriate metropolitan planning
organizations to provide coordinated transportation planning
for the entire metropolitan area.
``(2) Coordination along designated transportation
corridors.--The Secretary shall encourage each Governor with
responsibility for a portion of a multistate metropolitan
area and the appropriate metropolitan planning organizations
to provide coordinated transportation planning for the entire
designated transportation corridor.
``(3) Coordination with interstate compacts.--The Secretary
shall encourage metropolitan planning organizations to take
into consideration, during the development of metropolitan
transportation plans and transportation improvement programs,
any

[[Page S1241]]

relevant transportation studies concerning planning for
regional transportation (including high-speed and intercity
rail corridor studies, commuter rail corridor studies,
intermodal terminals, and interstate highways) in support of
freight, intercity, or multistate area projects and services
that have been developed pursuant to interstate compacts or
agreements, or by organizations established under section
135.
``(g) Engagement in Metropolitan Transportation Plan and
TIP Development.--
``(1) Nonattainment and maintenance areas.--If more than 1
metropolitan planning organization has authority within a
metropolitan area, nonattainment area, or maintenance area,
each metropolitan planning organization shall consult with
all other metropolitan planning organizations designated for
the metropolitan area, nonattainment area, or maintenance
area and the State in the development of metropolitan
transportation plans and transportation improvement programs
under this section.
``(2) Transportation improvements located in multiple
metropolitan planning areas.--If a transportation improvement
project funded under this title or chapter 53 of title 49 is
located within the boundaries of more than 1 metropolitan
planning area, the affected metropolitan planning
organizations shall coordinate metropolitan transportation
plans and transportation improvement programs regarding the
project.
``(3) Coordination of adjacent planning organizations.--
``(A) In general.--A metropolitan planning organization
that is adjacent or located in reasonably close proximity to
another metropolitan planning organization shall coordinate
with that metropolitan planning organization with respect to
planning processes, including preparation of metropolitan
transportation plans and transportation improvement programs,
to the maximum extent practicable.
``(B) Nonmetropolitan planning organizations.--A
metropolitan planning organization that is adjacent or
located in reasonably close proximity to a nonmetropolitan
planning organization shall consult with that nonmetropolitan
planning organization with respect to planning processes, to
the maximum extent practicable.
``(4) Relationship with other planning officials.--
``(A) In general.--The Secretary shall encourage each
metropolitan planning organization to cooperate with Federal,
tribal, State, and local officers and entities responsible
for other types of planning activities that are affected by
transportation in the relevant area (including planned
growth, economic development, infrastructure services,
housing, other public services, nonmotorized users,
environmental protection, airport operations, high-speed and
intercity passenger rail, freight rail, port access, and
freight movements), to the maximum extent practicable, to
ensure that the metropolitan transportation planning process,
metropolitan transportation plans, and transportation
improvement programs are developed in cooperation with other
related planning activities in the area.
``(B) Inclusion.--Cooperation under subparagraph (A) shall
include the design and delivery of transportation services
within the metropolitan area that are provided by--
``(i) recipients of assistance under sections 202, 203, and
204;
``(ii) recipients of assistance under chapter 53 of title
49;
``(iii) government agencies and nonprofit organizations
(including representatives of the agencies and organizations)
that receive Federal assistance from a source other than the
Department of Transportation to provide nonemergency
transportation services; and
``(iv) sponsors of regionally significant programs,
projects, and services that are related to transportation and
receive assistance from any public or private source.
``(5) Coordination of other federally required planning
programs.--The Secretary shall encourage each metropolitan
planning organization to coordinate, to the maximum extent
practicable, the development of metropolitan transportation
plans and transportation improvement programs with other
relevant federally required planning programs.
``(h) Scope of Planning Process.--
``(1) In general.--The metropolitan transportation planning
process for a metropolitan planning area under this section
shall provide for consideration of projects and strategies
that will--
``(A) support the economic vitality of the metropolitan
area, especially by enabling global competitiveness, travel
and tourism (where applicable), productivity, and efficiency;
``(B) increase the safety of the transportation system for
motorized and nonmotorized users;
``(C) increase the security of the transportation system
for motorized and nonmotorized users;
``(D) increase the accessibility and mobility of
individuals and freight;
``(E) protect and enhance the environment, promote energy
conservation, improve the quality of life, and promote
consistency between transportation improvements and State and
local planned growth and economic development patterns;
``(F) enhance the integration and connectivity of the
transportation system, across and between modes, for
individuals and freight;
``(G) increase efficient system management and operation;
and
``(H) emphasize the preservation of the existing
transportation system.
``(2) Performance-based approach.--
``(A) In general.--The metropolitan transportation planning
process shall provide for the establishment and use of a
performance-based approach to transportation decisionmaking
to support the national goals described in section 150(b) of
this title and in section 5301(c) of title 49.
``(B) Performance targets.--
``(i) Surface transportation performance targets.--

``(I) In general.--Each metropolitan planning organization
shall establish performance targets that address the
performance measures described in sections 119(f), 148(h),
149(k), where applicable, and 167(i) to use in tracking
attainment of critical outcomes for the region of the
metropolitan planning organization.
``(II) Coordination.--Selection of performance targets by a
metropolitan planning organization shall be coordinated with
the relevant State to ensure consistency, to the maximum
extent practicable.

``(ii) Public transportation performance targets.--Each
metropolitan planning organization shall adopt the
performance targets identified by providers of public
transportation pursuant to sections 5326(c) and 5329(d) of
title 49, for use in tracking attainment of critical outcomes
for the region of the metropolitan planning organization.
``(C) Timing.--Each metropolitan planning organization
shall establish the performance targets under subparagraph
(B) not later than 90 days after the date on which the
relevant State or provider of public transportation
establishes the performance targets.
``(D) Integration of other performance-based plans.--A
metropolitan planning organization shall integrate in the
metropolitan transportation planning process, directly or by
reference, the goals, objectives, performance measures, and
targets described in other State plans and processes, as well
as asset management and safety plans developed by providers
of public transportation, required as part of a performance-
based program, including plans such as--
``(i) the State National Highway System asset management
plan;
``(ii) asset management plans developed by providers of
public transportation;
``(iii) the State strategic highway safety plan;
``(iv) safety plans developed by providers of public
transportation;
``(v) the congestion mitigation and air quality performance
plan, where applicable;
``(vi) the national freight strategic plan; and
``(vii) the statewide transportation plan.
``(E) Use of performance measures and targets.--The
performance measures and targets established under this
paragraph shall be used, at a minimum, by the relevant
metropolitan planning organization as the basis for
development of policies, programs, and investment priorities
reflected in the metropolitan transportation plan and
transportation improvement program.
``(3) Failure to consider factors.--The failure to take
into consideration 1 or more of the factors specified in
paragraphs (1) and (2) shall not be subject to review by any
court under this title, chapter 53 of title 49, subchapter II
of chapter 5 of title 5, or chapter 7 of title 5 in any
matter affecting a metropolitan transportation plan, a
transportation improvement program, a project or strategy, or
the certification of a planning process.
``(4) Participation by interested parties.--
``(A) In general.--Each metropolitan planning organization
shall provide to affected individuals, public agencies, and
other interested parties (including State representatives of
nonmotorized users) notice and a reasonable opportunity to
comment on the metropolitan transportation plan and
transportation improvement program and any relevant
scenarios.
``(B) Contents of participation plan.--Each metropolitan
planning organization shall establish a participation plan
that--
``(i) is developed in consultation with interested parties
and local officials; and
``(ii) provides that interested parties and local officials
shall have reasonable opportunities to comment on the
contents of the metropolitan transportation plan of the
metropolitan planning organization.
``(C) Methods.--In carrying out subparagraph (A), the
metropolitan planning organization shall, to the maximum
extent practicable--
``(i) develop the metropolitan transportation plan and
transportation improvement program in consultation with
interested parties, as appropriate, including by the
formation of advisory groups representative of the community
and interested parties (including State representatives of
nonmotorized users) that participate in the development of
the metropolitan transportation plan and transportation
improvement program;
``(ii) hold any public meetings at times and locations that
are, as applicable--

``(I) convenient; and
``(II) in compliance with the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.);

``(iii) employ visualization techniques to describe
metropolitan transportation plans and transportation
improvement programs; and

[[Page S1242]]

``(iv) make public information available in appropriate
electronically accessible formats and means, such as the
Internet, to afford reasonable opportunity for consideration
of public information under subparagraph (A).
``(i) Development of Metropolitan Transportation Plan.--
``(1) Development.--
``(A) In general.--Except as provided in subparagraph (B),
not later than 5 years after the date of enactment of the MAP
21, and not less frequently than once every 5 years
thereafter, each metropolitan planning organization shall
prepare and update, respectively, a metropolitan
transportation plan for the relevant metropolitan planning
area in accordance with this section.
``(B) Exceptions.--A metropolitan planning organization
shall prepare or update, as appropriate, the metropolitan
transportation plan not less frequently than once every 4
years if the metropolitan planning organization is operating
within--
``(i) a nonattainment area; or
``(ii) a maintenance area.
``(2) Other requirements.--A metropolitan transportation
plan under this section shall--
``(A) be in a form that the Secretary determines to be
appropriate;
``(B) have a term of not less than 20 years; and
``(C) contain, at a minimum--
``(i) an identification of the existing transportation
infrastructure, including highways, local streets and roads,
bicycle and pedestrian facilities, public transportation
facilities and services, commuter rail facilities and
services, high-speed and intercity passenger rail facilities
and services, freight facilities (including freight railroad
and port facilities), multimodal and intermodal facilities,
and intermodal connectors that, evaluated in the aggregate,
function as an integrated metropolitan transportation system;
``(ii) a description of the performance measures and
performance targets used in assessing the existing and future
performance of the transportation system in accordance with
subsection (h)(2);
``(iii) a description of the current and projected future
usage of the transportation system, including a projection
based on a preferred scenario, and further including, to the
extent practicable, an identification of existing or planned
transportation rights-of-way, corridors, facilities, and
related real properties;
``(iv) a system performance report evaluating the existing
and future condition and performance of the transportation
system with respect to the performance targets described in
subsection (h)(2) and updates in subsequent system
performance reports, including--

``(I) progress achieved by the metropolitan planning
organization in meeting the performance targets in comparison
with system performance recorded in previous reports;
``(II) an accounting of the performance of the metropolitan
planning organization on outlay of obligated project funds
and delivery of projects that have reached substantial
completion in relation to--

``(aa) the projects included in the transportation
improvement program; and
``(bb) the projects that have been removed from the
previous transportation improvement program; and

``(III) when appropriate, an analysis of how the preferred
scenario has improved the conditions and performance of the
transportation system and how changes in local policies,
investments, and growth have impacted the costs necessary to
achieve the identified performance targets;

``(v) recommended strategies and investments for improving
system performance over the planning horizon, including
transportation systems management and operations strategies,
maintenance strategies, demand management strategies, asset
management strategies, capacity and enhancement investments,
State and local economic development and land use
improvements, intelligent transportation systems deployment,
and technology adoption strategies, as determined by the
projected support of the performance targets described in
subsection (h)(2);
``(vi) recommended strategies and investments to improve
and integrate disability-related access to transportation
infrastructure, including strategies and investments based on
a preferred scenario, when appropriate;
``(vii) investment priorities for using projected available
and proposed revenues over the short- and long-term stages of
the planning horizon, in accordance with the financial plan
required under paragraph (4);
``(viii) a description of interstate compacts entered into
in order to promote coordinated transportation planning in
multistate areas, if applicable;
``(ix) an optional illustrative list of projects containing
investments that--

``(I) are not included in the metropolitan transportation
plan; but
``(II) would be so included if resources in addition to the
resources identified in the financial plan under paragraph
(4) were available;

``(x) a discussion (developed in consultation with Federal,
State, and tribal wildlife, land management, and regulatory
agencies) of types of potential environmental and stormwater
mitigation activities and potential areas to carry out those
activities, including activities that may have the greatest
potential to restore and maintain the environmental functions
affected by the metropolitan transportation plan; and
``(xi) recommended strategies and investments, including
those developed by the State as part of interstate compacts,
agreements, or organizations, that support intercity
transportation.
``(3) Scenario development.--
``(A) In general.--When preparing the metropolitan
transportation plan, the metropolitan planning organization
may, while fitting the needs and complexity of its community,
develop multiple scenarios for consideration as a part of the
development of the metropolitan transportation plan, in
accordance with subparagraph (B).
``(B) Components of scenarios.--The scenarios--
``(i) shall include potential regional investment
strategies for the planning horizon;
``(ii) shall include assumed distribution of population and
employment;
``(iii) may include a scenario that, to the maximum extent
practicable, maintains baseline conditions for the
performance measures identified in subsection (h)(2);
``(iv) may include a scenario that improves the baseline
conditions for as many of the performance measures identified
in subsection (h)(2) as possible;
``(v) shall be revenue constrained based on the total
revenues expected to be available over the forecast period of
the plan; and
``(vi) may include estimated costs and potential revenues
available to support each scenario.
``(C) Metrics.--In addition to the performance measures
identified in subsection (h)(2), scenarios developed under
this paragraph may be evaluated using locally-developed
metrics for the following categories:
``(i) Congestion and mobility, including transportation use
by mode.
``(ii) Freight movement.
``(iii) Safety.
``(iv) Efficiency and costs to taxpayers.
``(4) Financial plan.--A financial plan referred to in
paragraph (2)(C)(vii) shall--
``(A) be prepared by each metropolitan planning
organization to support the metropolitan transportation plan;
and
``(B) contain a description of each of the following:
``(i) Projected resource requirements for implementing
projects, strategies, and services recommended in the
metropolitan transportation plan, including existing and
projected system operating and maintenance needs, proposed
enhancement and expansions to the system, projected available
revenue from Federal, State, local, and private sources, and
innovative financing techniques to finance projects and
programs.
``(ii) The projected difference between costs and revenues,
and strategies for securing additional new revenue (such as
by capture of some of the economic value created by any new
investment).
``(iii) Estimates of future funds, to be developed
cooperatively by the metropolitan planning organization, any
public transportation agency, and the State, that are
reasonably expected to be available to support the investment
priorities recommended in the metropolitan transportation
plan.
``(iv) Each applicable project only if full funding can
reasonably be anticipated to be available for the project
within the time period contemplated for completion of the
project.
``(5) Coordination with clean air act agencies.--The
metropolitan planning organization for any metropolitan area
that is a nonattainment area or maintenance area shall
coordinate the development of a transportation plan with the
process for development of the transportation control
measures of the State implementation plan required by the
Clean Air Act (42 U.S.C. 7401 et seq.).
``(6) Publication.--On approval by the relevant
metropolitan planning organization, a metropolitan
transportation plan involving Federal participation shall be,
at such times and in such manner as the Secretary shall
require--
``(A) published or otherwise made readily available by the
metropolitan planning organization for public review,
including (to the maximum extent practicable) in
electronically accessible formats and means, such as the
Internet; and
``(B) submitted for informational purposes to the
applicable Governor.
``(7) Consultation.--
``(A) In general.--In each metropolitan area, the
metropolitan planning organization shall consult, as
appropriate, with Federal, tribal, State, and local agencies
responsible for land use management, natural resources,
environmental protection, conservation, and historic
preservation concerning the development of a metropolitan
transportation plan.
``(B) Issues.--The consultation under subparagraph (A)
shall involve, as available, consideration of--
``(i) metropolitan transportation plans with Federal,
tribal, State, and local conservation plans or maps; and
``(ii) inventories of natural or historic resources.
``(8) Selection of projects from illustrative list.--
Notwithstanding paragraph (4), a State or metropolitan
planning organization shall not be required to select any
project from the illustrative list of additional projects
included in the metropolitan transportation plan under
paragraph (2)(C)(ix).
``(j) Transportation Improvement Program.--
``(1) Development.--

[[Page S1243]]

``(A) In general.--In cooperation with the applicable State
and any affected public transportation operator, the
metropolitan planning organization designated for a
metropolitan area shall develop a transportation improvement
program for the metropolitan planning area that--
``(i) contains projects consistent with the current
metropolitan transportation plan;
``(ii) reflects the investment priorities established in
the current metropolitan transportation plan; and
``(iii) once implemented, will make significant progress
toward achieving the performance targets established under
subsection (h)(2).
``(B) Opportunity for participation.--In developing the
transportation improvement program, the metropolitan planning
organization, in cooperation with the State and any affected
public transportation operator, shall provide an opportunity
for participation by interested parties, in accordance with
subsection (h)(4).
``(C) Updating and approval.--The transportation
improvement program shall be--
``(i) updated not less frequently than once every 4 years,
on a cycle compatible with the development of the relevant
statewide transportation improvement program under section
135; and
``(ii) approved by the applicable Governor.
``(2) Contents.--
``(A) Priority list.--The transportation improvement
program shall include a priority list of proposed federally
supported projects and strategies to be carried out during
the 4-year period beginning on the date of adoption of the
transportation improvement program, and each 4-year period
thereafter, using existing and reasonably available revenues
in accordance with the financial plan under paragraph (3).
``(B) Descriptions.--Each project described in the
transportation improvement program shall include sufficient
descriptive material (such as type of work, termini, length,
and other similar factors) to identify the project or phase
of the project and the effect that the project or project
phase will have in addressing the targets described in
subsection (h)(2).
``(C) Performance target achievement.--The transportation
improvement program shall include, to the maximum extent
practicable, a description of the anticipated effect of the
transportation improvement program on attainment of the
performance targets established in the metropolitan
transportation plan, linking investment priorities to those
performance targets.
``(D) Illustrative list of projects.--In developing a
transportation improvement program, an optional illustrative
list of projects may be prepared containing additional
investment priorities that--
``(i) are not included in the transportation improvement
program; but
``(ii) would be so included if resources in addition to the
resources identified in the financial plan under paragraph
(3) were available.
``(3) Financial plan.--A financial plan referred to in
paragraph (2)(D)(ii) shall--
``(A) be prepared by each metropolitan planning
organization to support the transportation improvement
program; and
``(B) contain a description of each of the following:
``(i) Projected resource requirements for implementing
projects, strategies, and services recommended in the
transportation improvement program, including existing and
projected system operating and maintenance needs, proposed
enhancement and expansions to the system, projected available
revenue from Federal, State, local, and private sources, and
innovative financing techniques to finance projects and
programs.
``(ii) The projected difference between costs and revenues,
and strategies for securing additional new revenue (such as
by capture of some of the economic value created by any new
investment).
``(iii) Estimates of future funds, to be developed
cooperatively by the metropolitan planning organization, any
public transportation agency, and the State, that are
reasonably expected to be available to support the investment
priorities recommended in the transportation improvement
program.
``(iv) Each applicable project, only if full funding can
reasonably be anticipated to be available for the project
within the time period contemplated for completion of the
project.
``(4) Included projects.--
``(A) Projects under this title and chapter 53 of title
49.--A transportation improvement program developed under
this subsection for a metropolitan area shall include a
description of the projects within the area that are proposed
for funding under chapter 1 of this title and chapter 53 of
title 49.
``(B) Projects under chapter 2.--
``(i) Regionally significant.--Each regionally significant
project proposed for funding under chapter 2 shall be
identified individually in the transportation improvement
program.
``(ii) Nonregionally significant.--A description of each
project proposed for funding under chapter 2 that is not
determined to be regionally significant shall be contained in
1 line item or identified individually in the transportation
improvement program.
``(5) Opportunity for participation.--Before approving a
transportation improvement program, a metropolitan planning
organization, in cooperation with the State and any affected
public transportation operator, shall provide an opportunity
for participation by interested parties in the development of
the transportation improvement program, in accordance with
subsection (h)(4).
``(6) Selection of projects.--
``(A) In general.--Each tier I MPO and tier II MPO shall
select projects carried out within the boundaries of the
applicable metropolitan planning area from the transportation
improvement program, in consultation with the relevant State
and on concurrence of the affected facility owner, for funds
apportioned to the State under section 104(b)(2) and
suballocated to the metropolitan planning area under section
133(d).
``(B) Projects under chapter 53 of title 49.--In the case
of projects under chapter 53 of title 49, the selection of
federally funded projects in metropolitan areas shall be
carried out, from the approved transportation improvement
program, by the designated recipients of public
transportation funding in cooperation with the metropolitan
planning organization.
``(C) CMAQ projects.--Each tier I MPO shall select projects
carried out within the boundaries of the applicable
metropolitan planning area from the transportation
improvement program, in consultation with the relevant State
and on concurrence of the affected facility owner, for funds
apportioned to the State under section 104(b)(4) and
suballocated to the metropolitan planning area under section
149(j).
``(D) Modifications to project priority.--Notwithstanding
any other provision of law, approval by the Secretary shall
not be required to carry out a project included in a
transportation improvement program in place of another
project in the transportation improvement program.
``(7) Publication.--
``(A) In general.--A transportation improvement program
shall be published or otherwise made readily available by the
applicable metropolitan planning organization for public
review in electronically accessible formats and means, such
as the Internet.
``(B) Annual list of projects.--An annual list of projects,
including investments in pedestrian walkways, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation, for which Federal funds
have been obligated during the preceding fiscal year shall be
published or otherwise made available by the cooperative
effort of the State, public transportation operator, and
metropolitan planning organization in electronically
accessible formats and means, such as the Internet, in a
manner that is consistent with the categories identified in
the relevant transportation improvement program.
``(k) Planning Requirements for Tier II MPOs.--
``(1) In general.--The Secretary may provide for the
performance-based development of a metropolitan
transportation plan and transportation improvement program
for the metropolitan planning area of a tier II MPO, as the
Secretary determines to be appropriate, taking into account--
``(A) the complexity of transportation needs in the area;
and
``(B) the technical capacity of the metropolitan planning
organization.
``(2) Evaluation of performance-based planning.--In
reviewing a tier II MPO under subsection (m), the Secretary
shall take into consideration the effectiveness of the tier
II MPO in implementing and maintaining a performance-based
planning process that--
``(A) addresses the performance targets described in
subsection (h)(2); and
``(B) demonstrates progress on the achievement of those
performance targets.
``(l) Certification.--
``(1) In general.--The Secretary shall--
``(A) ensure that the metropolitan transportation planning
process of a metropolitan planning organization is being
carried out in accordance with applicable Federal law; and
``(B) subject to paragraph (2), certify, not less
frequently than once every 4 years, that the requirements of
subparagraph (A) are met with respect to the metropolitan
transportation planning process.
``(2) Requirements for certification.--The Secretary may
make a certification under paragraph (1)(B) if--
``(A) the metropolitan transportation planning process
complies with the requirements of this section and other
applicable Federal law;
``(B) representation on the metropolitan planning
organization board includes officials of public agencies that
administer or operate major modes of transportation in the
relevant metropolitan area, including providers of public
transportation; and
``(C) a transportation improvement program for the
metropolitan planning area has been approved by the relevant
metropolitan planning organization and applicable Governor.
``(3) Delegation of authority.--The Secretary may--
``(A) delegate to the appropriate State fact-finding
authority regarding the certification of a tier II MPO under
this subsection; and
``(B) make the certification under paragraph (1) in
consultation with the State.
``(4) Effect of failure to certify.--
``(A) Withholding of project funds.--If a metropolitan
transportation planning process of a metropolitan planning
organization is not certified under paragraph (1), the
Secretary may withhold up to 20 percent of the

[[Page S1244]]

funds attributable to the metropolitan planning area of the
metropolitan planning organization for projects funded under
this title and chapter 53 of title 49.
``(B) Restoration of withheld funds.--Any funds withheld
under subparagraph (A) shall be restored to the metropolitan
planning area on the date of certification of the
metropolitan transportation planning process by the
Secretary.
``(5) Public involvement.--In making a determination
regarding certification under this subsection, the Secretary
shall provide for public involvement appropriate to the
metropolitan planning area under review.
``(m) Performance-based Planning Processes Evaluation.--
``(1) In general.--The Secretary shall establish criteria
to evaluate the effectiveness of the performance-based
planning processes of metropolitan planning organizations
under this section, taking into consideration the following:
``(A) The extent to which the metropolitan planning
organization has achieved, or is currently making substantial
progress toward achieving, the performance targets specified
in subsection (h)(2), taking into account whether the
metropolitan planning organization developed meaningful
performance targets.
``(B) The extent to which the metropolitan planning
organization has used proven best practices that help ensure
transportation investment that is efficient and cost-
effective.
``(C) The extent to which the metropolitan planning
organization--
``(i) has developed an investment process that relies on
public input and awareness to ensure that investments are
transparent and accountable; and
``(ii) provides regular reports allowing the public to
access the information being collected in a format that
allows the public to meaningfully assess the performance of
the metropolitan planning organization.
``(2) Report.--
``(A) In general.--Not later than 5 years after the date of
enactment of the MAP 21, the Secretary shall submit to
Congress a report evaluating--
``(i) the overall effectiveness of performance-based
planning as a tool for guiding transportation investments;
and
``(ii) the effectiveness of the performance-based planning
process of each metropolitan planning organization under this
section.
``(B) Publication.--The report under subparagraph (A) shall
be published or otherwise made available in electronically
accessible formats and means, including on the Internet.
``(n) Additional Requirements for Certain Nonattainment
Areas.--
``(1) In general.--Notwithstanding any other provision of
this title or chapter 53 of title 49, Federal funds may not
be advanced in any metropolitan planning area classified as a
nonattainment area or maintenance area for any highway
project that will result in a significant increase in the
carrying capacity for single-occupant vehicles, unless the
owner or operator of the project demonstrates that the
project will achieve or make substantial progress toward
achieving the performance targets described in subsection
(h)(2).
``(2) Applicability.--This subsection applies to any
nonattainment area or maintenance area within the boundaries
of a metropolitan planning area, as determined under
subsection (c).
``(o) Effect of Section.--Nothing in this section provides
to any metropolitan planning organization the authority to
impose any legal requirement on any transportation facility,
provider, or project not subject to the requirements of this
title or chapter 53 of title 49.
``(p) Funding.--Funds apportioned under section 104(b)(6)
of this title and set aside under section 5305(g) of title 49
shall be available to carry out this section.
``(q) Continuation of Current Review Practice.--
``(1) In general.--In consideration of the factors
described in paragraph (2), any decision by the Secretary
concerning a metropolitan transportation plan or
transportation improvement program shall not be considered to
be a Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) Description of factors.--The factors referred to in
paragraph (1) are that--
``(A) metropolitan transportation plans and transportation
improvement programs are subject to a reasonable opportunity
for public comment;
``(B) the projects included in metropolitan transportation
plans and transportation improvement programs are subject to
review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
``(C) decisions by the Secretary concerning metropolitan
transportation plans and transportation improvement programs
have not been reviewed under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) as of January 1,
1997.
``(r) Schedule for Implementation.--The Secretary shall
issue guidance on a schedule for implementation of the
changes made by this section, taking into consideration the
established planning update cycle for metropolitan planning
organizations. The Secretary shall not require a metropolitan
planning organization to deviate from its established
planning update cycle to implement changes made by this
section. Metropolitan planning organizations shall reflect
changes made to their transportation plan or transportation
improvement program updates by not later than 2 years after
the date of issuance of guidance by the Secretary.''.

SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION
PLANNING.

(a) In General.--Section 135 of title 23, United States
Code, is amended to read as follows:

``Sec.  135. Statewide and nonmetropolitan transportation
planning

``(a) Statewide Transportation Plans and STIPs.--
``(1) Development.--
``(A) In general.--To accomplish the policy objectives
described in section 134(a), each State shall develop a
statewide transportation plan and a statewide transportation
improvement program for all areas of the State in accordance
with this section.
``(B) Incorporation of metropolitan transportation plans
and tips.--Each State shall incorporate in the statewide
transportation plan and statewide transportation improvement
program, without change or by reference, the metropolitan
transportation plans and transportation improvement programs,
respectively, for each metropolitan planning area in the
State.
``(C) Nonmetropolitan areas.--Each State shall consult with
local officials in small urbanized areas with a population of
50,000 or more individuals, but fewer than 200,000
individuals, as calculated according to the most recent
decennial census, and nonurbanized areas of the State in
preparing the nonmetropolitan portions of statewide
transportation plans and statewide transportation improvement
programs.
``(2) Contents.--The statewide transportation plan and
statewide transportation improvement program developed for
each State shall provide for the development and integrated
management and operation of transportation systems and
facilities (including accessible pedestrian walkways, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation) that will function as--
``(A) an intermodal transportation system for the State;
and
``(B) an integral part of an intermodal transportation
system for the United States.
``(3) Process.--The process for developing the statewide
transportation plan and statewide transportation improvement
program shall--
``(A) provide for consideration of all modes of
transportation; and
``(B) be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation needs to be addressed.
``(b) Coordination and Consultation.--
``(1) In general.--Each State shall--
``(A) coordinate planning carried out under this section
with--
``(i) the transportation planning activities carried out
under section 134 for metropolitan areas of the State; and
``(ii) statewide trade and economic development planning
activities and related multistate planning efforts;
``(B) coordinate planning carried out under this section
with the transportation planning activities carried out by
each nonmetropolitan planning organization in the State, as
applicable;
``(C) consult on planning carried out under this section
with the transportation planning activities carried out by
each rural planning organization in the State, as applicable;
and
``(D) develop the transportation portion of the State
implementation plan as required by the Clean Air Act (42
U.S.C. 7401 et seq.).
``(2) Multistate areas.--
``(A) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a multistate
metropolitan planning area and the appropriate metropolitan
planning organizations to provide coordinated transportation
planning for the entire metropolitan area.
``(B) Coordination along designated transportation
corridors.--The Secretary shall encourage each Governor with
responsibility for a portion of a multistate transportation
corridor to provide coordinated transportation planning for
the entire designated corridor.
``(C) Interstate compacts.--For purposes of this section,
any 2 or more States--
``(i) may enter into compacts, agreements, or organizations
not in conflict with any Federal law for cooperative efforts
and mutual assistance in support of activities authorized
under this section, as the activities relate to interstate
areas and localities within the States;
``(ii) may establish such agencies (joint or otherwise) as
the States determine to be appropriate for ensuring the
effectiveness of the agreements and compacts; and
``(iii) are encouraged to enter into such compacts,
agreements, or organizations as are appropriate to develop
planning documents in support of intercity or multistate area
projects, facilities, and services, the relevant components
of which shall be reflected in statewide transportation
improvement programs and statewide transportation plans.
``(D) Reservation of rights.--The right to alter, amend, or
repeal any interstate compact or agreement entered into under
this subsection is expressly reserved.
``(c) Relationship With Other Planning Officials.--

[[Page S1245]]

``(1) In general.--The Secretary shall encourage each State
to cooperate with Federal, tribal, State, and local officers
and entities responsible for other types of planning
activities that are affected by transportation in the
relevant area (including planned growth, economic
development, infrastructure services, housing, other public
services, environmental protection, airport operations, high-
speed and intercity passenger rail, freight rail, port
access, and freight movements), to the maximum extent
practicable, to ensure that the statewide and nonmetropolitan
planning process, statewide transportation plans, and
statewide transportation improvement programs are developed
with due consideration for other related planning activities
in the State.
``(2) Inclusion.--Cooperation under paragraph (1) shall
include the design and delivery of transportation services
within the State that are provided by--
``(A) recipients of assistance under sections 202, 203, and
204;
``(B) recipients of assistance under chapter 53 of title
49;
``(C) government agencies and nonprofit organizations
(including representatives of the agencies and organizations)
that receive Federal assistance from a source other than the
Department of Transportation to provide nonemergency
transportation services; and
``(D) sponsors of regionally significant programs,
projects, and services that are related to transportation and
receive assistance from any public or private source.
``(d) Scope of Planning Process.--
``(1) In general.--The statewide transportation planning
process for a State under this section shall provide for
consideration of projects, strategies, and services that
will--
``(A) support the economic vitality of the United States,
the State, nonmetropolitan areas, and metropolitan areas,
especially by enabling global competitiveness, travel and
tourism (where applicable), productivity, and efficiency;
``(B) increase the safety of the transportation system for
motorized and nonmotorized users;
``(C) increase the security of the transportation system
for motorized and nonmotorized users;
``(D) increase the accessibility and mobility of
individuals and freight;
``(E) protect and enhance the environment, promote energy
conservation, improve the quality of life, and promote
consistency between transportation improvements and State and
local planned growth and economic development patterns;
``(F) enhance the integration and connectivity of the
transportation system, across and between modes, for
individuals and freight;
``(G) increase efficient system management and operation;
and
``(H) emphasize the preservation of the existing
transportation system.
``(2) Performance-based approach.--
``(A) In general.--The statewide transportation planning
process shall provide for the establishment and use of a
performance-based approach to transportation decisionmaking
to support the national goals described in section 150(b) of
this title and section 5301(c) of title 49.
``(B) Surface transportation performance targets.--
``(i) In general.--Each State shall establish performance
targets that address the performance measures described in
sections 119(f), 148(h), and 167(i) to use in tracking
attainment of critical outcomes for the region of the State.
``(ii) Coordination.--Selection of performance targets by a
State shall be coordinated with relevant metropolitan
planning organizations to ensure consistency, to the maximum
extent practicable.
``(C) Public transportation performance targets.--For
providers of public transportation operating in urbanized
areas with a population of fewer than 200,000 individuals, as
calculated according to the most recent decennial census, and
not represented by a metropolitan planning organization, each
State shall adopt the performance targets identified by such
providers of public transportation pursuant to sections
5326(c) and 5329(d) of title 49 for use in tracking
attainment of critical outcomes for the region of the
metropolitan planning organization.
``(D) Integration of other performance-based plans.--A
State shall integrate into the statewide transportation
planning process, directly or by reference, the goals,
objectives, performance measures, and performance targets
described in this paragraph in other State plans and
processes, and asset management and safety plans developed by
providers of public transportation in urbanized areas with a
population of fewer than 200,000 individuals, as calculated
according to the most recent decennial census, and not
represented by a metropolitan planning organization, required
as part of a performance-based program, including plans such
as--
``(i) the State National Highway System asset management
plan;
``(ii) asset management plans developed by providers of
public transportation;
``(iii) the State strategic highway safety plan;
``(iv) safety plans developed by providers of public
transportation; and
``(v) the national freight strategic plan.
``(E) Use of performance measures and targets.--The
performance measures and targets established under this
paragraph shall be used, at a minimum, by a State as the
basis for development of policies, programs, and investment
priorities reflected in the statewide transportation plan and
statewide transportation improvement program.
``(3) Failure to consider factors.--The failure to take
into consideration 1 or more of the factors specified in
paragraphs (1) and (2) shall not be subject to review by any
court under this title, chapter 53 of title 49, subchapter II
of chapter 5 of title 5, or chapter 7 of title 5 in any
matter affecting a statewide transportation plan, a statewide
transportation improvement program, a project or strategy, or
the certification of a planning process.
``(4) Participation by interested parties.--
``(A) In general.--Each State shall provide to affected
individuals, public agencies, and other interested parties
notice and a reasonable opportunity to comment on the
statewide transportation plan and statewide transportation
improvement program.
``(B) Methods.--In carrying out subparagraph (A), the State
shall, to the maximum extent practicable--
``(i) develop the statewide transportation plan and
statewide transportation improvement program in consultation
with interested parties, as appropriate, including by the
formation of advisory groups representative of the State and
interested parties that participate in the development of the
statewide transportation plan and statewide transportation
improvement program;
``(ii) hold any public meetings at times and locations that
are, as applicable--

``(I) convenient; and
``(II) in compliance with the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.);

``(iii) employ visualization techniques to describe
statewide transportation plans and statewide transportation
improvement programs; and
``(iv) make public information available in appropriate
electronically accessible formats and means, such as the
Internet, to afford reasonable opportunity for consideration
of public information under subparagraph (A).
``(e) Coordination and Consultation.--
``(1) Metropolitan areas.--
``(A) In general.--Each State shall develop a statewide
transportation plan and statewide transportation improvement
program for each metropolitan area in the State by
incorporating, without change or by reference, at a minimum,
as prepared by each metropolitan planning organization
designated for the metropolitan area under section 134--
``(i) all regionally significant projects to be carried out
during the 10-year period beginning on the effective date of
the relevant existing metropolitan transportation plan; and
``(ii) all projects to be carried out during the 4-year
period beginning on the effective date of the relevant
transportation improvement program.
``(B) Projected costs.--Each metropolitan planning
organization shall provide to each applicable State a
description of the projected costs of implementing the
projects included in the metropolitan transportation plan of
the metropolitan planning organization for purposes of
metropolitan financial planning and fiscal constraint.
``(2) Nonmetropolitan areas.--With respect to
nonmetropolitan areas in a State, the statewide
transportation plan and statewide transportation improvement
program of the State shall be developed in consultation with
affected nonmetropolitan local officials with responsibility
for transportation, including providers of public
transportation.
``(3) Indian tribal areas.--With respect to each area of a
State under the jurisdiction of an Indian tribe, the
statewide transportation plan and statewide transportation
improvement program of the State shall be developed in
consultation with--
``(A) the tribal government; and
``(B) the Secretary of the Interior.
``(4) Federal land management agencies.--With respect to
each area of a State under the jurisdiction of a Federal land
management agency, the statewide transportation plan and
statewide transportation improvement program of the State
shall be developed in consultation with the relevant Federal
land management agency.
``(5) Consultation, comparison, and consideration.--
``(A) In general.--A statewide transportation plan shall be
developed, as appropriate, in consultation with Federal,
tribal, State, and local agencies responsible for land use
management, natural resources, infrastructure permitting,
environmental protection, conservation, and historic
preservation.
``(B) Comparison and consideration.--Consultation under
subparagraph (A) shall involve the comparison of statewide
transportation plans to, as available--
``(i) Federal, tribal, State, and local conservation plans
or maps; and
``(ii) inventories of natural or historic resources.
``(f) Statewide Transportation Plan.--
``(1) Development.--
``(A) In general.--Each State shall develop a statewide
transportation plan, the forecast period of which shall be
not less than 20 years for all areas of the State, that
provides for the development and implementation of the
intermodal transportation system of the State.
``(B) Initial period.--A statewide transportation plan
shall include, at a minimum, for the first 10-year period of
the statewide

[[Page S1246]]

transportation plan, the identification of existing and
future transportation facilities that will function as an
integrated statewide transportation system, giving emphasis
to those facilities that serve important national, statewide,
and regional transportation functions.
``(C) Subsequent period.--For the second 10-year period of
the statewide transportation plan (referred to in this
subsection as the `outer years period'), a statewide
transportation plan--
``(i) may include identification of future transportation
facilities; and
``(ii) shall describe the policies and strategies that
provide for the development and implementation of the
intermodal transportation system of the State.
``(D) Other requirements.--A statewide transportation plan
shall--
``(i) include, for the 20-year period covered by the
statewide transportation plan, a description of--

``(I) the projected aggregate cost of projects anticipated
by a State to be implemented; and
``(II) the revenues necessary to support the projects;

``(ii) include, in such form as the Secretary determines to
be appropriate, a description of--

``(I) the existing transportation infrastructure, including
an identification of highways, local streets and roads,
bicycle and pedestrian facilities, public transportation
facilities and services, commuter rail facilities and
services, high-speed and intercity passenger rail facilities
and services, freight facilities (including freight railroad
and port facilities), multimodal and intermodal facilities,
and intermodal connectors that, evaluated in the aggregate,
function as an integrated transportation system;
``(II) the performance measures and performance targets
used in assessing the existing and future performance of the
transportation system described in subsection (d)(2);
``(III) the current and projected future usage of the
transportation system, including, to the maximum extent
practicable, an identification of existing or planned
transportation rights-of-way, corridors, facilities, and
related real properties;
``(IV) a system performance report evaluating the existing
and future condition and performance of the transportation
system with respect to the performance targets described in
subsection (d)(2) and updates to subsequent system
performance reports, including--

``(aa) progress achieved by the State in meeting
performance targets, as compared to system performance
recorded in previous reports; and
``(bb) an accounting of the performance by the State on
outlay of obligated project funds and delivery of projects
that have reached substantial completion, in relation to the
projects currently on the statewide transportation
improvement program and those projects that have been removed
from the previous statewide transportation improvement
program;

``(V) recommended strategies and investments for improving
system performance over the planning horizon, including
transportation systems management and operations strategies,
maintenance strategies, demand management strategies, asset
management strategies, capacity and enhancement investments,
land use improvements, intelligent transportation systems
deployment and technology adoption strategies as determined
by the projected support of performance targets described in
subsection (d)(2);
``(VI) recommended strategies and investments to improve
and integrate disability-related access to transportation
infrastructure;
``(VII) investment priorities for using projected available
and proposed revenues over the short- and long-term stages of
the planning horizon, in accordance with the financial plan
required under paragraph (2);
``(VIII) a description of interstate compacts entered into
in order to promote coordinated transportation planning in
multistate areas, if applicable;
``(IX) an optional illustrative list of projects containing
investments that--

``(aa) are not included in the statewide transportation
plan; but
``(bb) would be so included if resources in addition to the
resources identified in the financial plan under paragraph
(2) were available;

``(X) a discussion (developed in consultation with Federal,
State, and tribal wildlife, land management, and regulatory
agencies) of types of potential environmental and stormwater
mitigation activities and potential areas to carry out those
activities, including activities that may have the greatest
potential to restore and maintain the environmental functions
affected by the statewide transportation plan; and
``(XI) recommended strategies and investments, including
those developed by the State as part of interstate compacts,
agreements, or organizations, that support intercity
transportation; and

``(iii) be updated by the State not less frequently than
once every 5 years.
``(2) Financial plan.--A financial plan referred to in
paragraph (1)(D)(ii)(VII) shall--
``(A) be prepared by each State to support the statewide
transportation plan; and
``(B) contain a description of each of the following:
``(i) Projected resource requirements during the 20-year
planning horizon for implementing projects, strategies, and
services recommended in the statewide transportation plan,
including existing and projected system operating and
maintenance needs, proposed enhancement and expansions to the
system, projected available revenue from Federal, State,
local, and private sources, and innovative financing
techniques to finance projects and programs.
``(ii) The projected difference between costs and revenues,
and strategies for securing additional new revenue (such as
by capture of some of the economic value created by any new
investment).
``(iii) Estimates of future funds, to be developed
cooperatively by the State, any public transportation agency,
and relevant metropolitan planning organizations, that are
reasonably expected to be available to support the investment
priorities recommended in the statewide transportation plan.
``(iv) Each applicable project, only if full funding can
reasonably be anticipated to be available for the project
within the time period contemplated for completion of the
project.
``(v) For the outer years period of the statewide
transportation plan, a description of the aggregate cost
ranges or bands, subject to the condition that any future
funding source shall be reasonably expected to be available
to support the projected cost ranges or bands.
``(3) Coordination with clean air act agencies.--For any
nonmetropolitan area that is a nonattainment area or
maintenance area, the State shall coordinate the development
of the statewide transportation plan with the process for
development of the transportation control measures of the
State implementation plan required by the Clean Air Act (42
U.S.C. 7401 et seq.).
``(4) Publication.--A statewide transportation plan
involving Federal and non-Federal participation programs,
projects, and strategies shall be published or otherwise made
readily available by the State for public review, including
(to the maximum extent practicable) in electronically
accessible formats and means, such as the Internet, in such
manner as the Secretary shall require.
``(5) Selection of projects from illustrative list.--
Notwithstanding paragraph (2), a State shall not be required
to select any project from the illustrative list of
additional projects included in the statewide transportation
plan under paragraph (1)(D)(ii)(IX).
``(6) Use of policy plans.--Notwithstanding any other
provision of this section, a State that has in effect, as of
the date of enactment of the MAP-21, a statewide
transportation plan that follows a policy plan approach--
``(A) may, for 4 years after the date of enactment of the
MAP 21, continue to use a policy plan approach to the
statewide transportation plan; and
``(B) shall be subject to the requirements of this
subsection only to the extent that such requirements were
applicable under this section (as in effect on the day before
the date of enactment of the MAP-21).
``(g) Statewide Transportation Improvement Programs.--
``(1) Development.--
``(A) In general.--In consultation with nonmetropolitan
officials with responsibility for transportation and affected
public transportation operators, the State shall develop a
statewide transportation improvement program for the State
that--
``(i) includes projects consistent with the statewide
transportation plan;
``(ii) reflects the investment priorities established in
the statewide transportation plan; and
``(iii) once implemented, makes significant progress toward
achieving the performance targets described in subsection
(d)(2).
``(B) Opportunity for participation.--In developing a
statewide transportation improvement program, the State, in
cooperation with affected public transportation operators,
shall provide an opportunity for participation by interested
parties (including State representatives of nonmotorized
users) in the development of the statewide transportation
improvement program, in accordance with subsection (e).
``(C) Other requirements.--
``(i) In general.--A statewide transportation improvement
program shall--

``(I) cover a period of not less than 4 years; and
``(II) be updated not less frequently than once every 4
years, or more frequently, as the Governor determines to be
appropriate.

``(ii) Incorporation of tips.--A statewide transportation
improvement program shall incorporate any relevant
transportation improvement program developed by a
metropolitan planning organization under section 134, without
change.
``(iii) Projects.--Each project included in a statewide
transportation improvement program shall be--

``(I) consistent with the statewide transportation plan
developed under this section for the State;
``(II) identical to a project or phase of a project
described in a relevant transportation improvement program;
and
``(III) for any project located in a nonattainment area or
maintenance area, carried out in accordance with the
applicable State air quality implementation plan developed
under the Clean Air Act (42 U.S.C. 7401 et seq.).

``(2) Contents.--
``(A) Priority list.--A statewide transportation
improvement program shall include a

[[Page S1247]]

priority list of proposed federally supported projects and
strategies, to be carried out during the 4-year period
beginning on the date of adoption of the statewide
transportation improvement program, and during each 4-year
period thereafter, using existing and reasonably available
revenues in accordance with the financial plan under
paragraph (3).
``(B) Descriptions.--Each project or phase of a project
included in a statewide transportation improvement program
shall include sufficient descriptive material (such as type
of work, termini, length, estimated completion date, and
other similar factors) to identify--
``(i) the project or project phase; and
``(ii) the effect that the project or project phase will
have in addressing the performance targets described in
subsection (d)(2).
``(C) Performance target achievement.--A statewide
transportation improvement program shall include, to the
maximum extent practicable, a discussion of the anticipated
effect of the statewide transportation improvement program
toward achieving the performance targets established in the
statewide transportation plan, linking investment priorities
to those performance targets.
``(D) Illustrative list of projects.--An optional
illustrative list of projects may be prepared containing
additional investment priorities that--
``(i) are not included in the statewide transportation
improvement program; but
``(ii) would be so included if resources in addition to the
resources identified in the financial plan under paragraph
(3) were available.
``(3) Financial plan.--A financial plan referred to in
paragraph (2)(D)(ii) shall--
``(A) be prepared by each State to support the statewide
transportation improvement program; and
``(B) contain a description of each of the following:
``(i) Projected resource requirements for implementing
projects, strategies, and services recommended in the
statewide transportation improvement program, including
existing and projected system operating and maintenance
needs, proposed enhancement and expansions to the system,
projected available revenue from Federal, State, local, and
private sources, and innovative financing techniques to
finance projects and programs.
``(ii) The projected difference between costs and revenues,
and strategies for securing additional new revenue (such as
by capture of some of the economic value created by any new
investment).
``(iii) Estimates of future funds, to be developed
cooperatively by the State and relevant metropolitan planning
organizations and public transportation agencies, that are
reasonably expected to be available to support the investment
priorities recommended in the statewide transportation
improvement program.
``(iv) Each applicable project, only if full funding can
reasonably be anticipated to be available for the project
within the time period contemplated for completion of the
project.
``(4) Included projects.--
``(A) Projects under this title and chapter 53 of title
49.--A statewide transportation improvement program developed
under this subsection for a State shall include the projects
within the State that are proposed for funding under chapter
1 of this title and chapter 53 of title 49.
``(B) Projects under chapter 2.--
``(i) Regionally significant.--Each regionally significant
project proposed for funding under chapter 2 shall be
identified individually in the statewide transportation
improvement program.
``(ii) Nonregionally significant.--A description of each
project proposed for funding under chapter 2 that is not
determined to be regionally significant shall be contained in
1 line item or identified individually in the statewide
transportation improvement program.
``(5) Publication.--
``(A) In general.--A statewide transportation improvement
program shall be published or otherwise made readily
available by the State for public review in electronically
accessible formats and means, such as the Internet.
``(B) Annual list of projects.--An annual list of projects,
including investments in pedestrian walkways, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation, for which Federal funds
have been obligated during the preceding fiscal year shall be
published or otherwise made available by the cooperative
effort of the State, public transportation operator, and
relevant metropolitan planning organizations in
electronically accessible formats and means, such as the
Internet, in a manner that is consistent with the categories
identified in the relevant statewide transportation
improvement program.
``(6) Project selection for urbanized areas with
populations of fewer than 200,000 not represented by
designated mpos.--Projects carried out in urbanized areas
with populations of fewer than 200,000 individuals, as
calculated according to the most recent decennial census, and
that are not represented by designated metropolitan planning
organizations, shall be selected, from the approved statewide
transportation improvement program (including projects
carried out on the National Highway System and other projects
carried out under this title or under sections 5310 and 5311
of title 49) by the State, in cooperation with the affected
nonmetropolitan planning organization, if any exists, and in
consultation with the affected nonmetropolitan area local
officials with responsibility for transportation.
``(7) Approval by secretary.--
``(A) In general.--Not less frequently than once every 4
years, a statewide transportation improvement program
developed under this subsection shall be reviewed and
approved by the Secretary, based on the current planning
finding of the Secretary under subparagraph (B).
``(B) Planning finding.--The Secretary shall make a
planning finding referred to in subparagraph (A) not less
frequently than once every 5 years regarding whether the
transportation planning process through which statewide
transportation plans and statewide transportation improvement
programs are developed is consistent with this section and
section 134.
``(8) Modifications to project priority.--Notwithstanding
any other provision of law, approval by the Secretary shall
not be required to carry out a project included in an
approved statewide transportation improvement program in
place of another project in the statewide transportation
improvement program.
``(h) Certification.--
``(1) In general.--The Secretary shall--
``(A) ensure that the statewide transportation planning
process of a State is being carried out in accordance with
applicable Federal law; and
``(B) subject to paragraph (2), certify, not less
frequently than once every 5 years, that the requirements of
subparagraph (A) are met with respect to the statewide
transportation planning process.
``(2) Requirements for certification.--The Secretary may
make a certification under paragraph (1)(B) if--
``(A) the statewide transportation planning process
complies with the requirements of this section and other
applicable Federal law; and
``(B) a statewide transportation improvement program for
the State has been approved by the Governor of the State.
``(3) Effect of failure to certify.--
``(A) Withholding of project funds.--If a statewide
transportation planning process of a State is not certified
under paragraph (1), the Secretary may withhold up to 20
percent of the funds attributable to the State for projects
funded under this title and chapter 53 of title 49.
``(B) Restoration of withheld funds.--Any funds withheld
under subparagraph (A) shall be restored to the State on the
date of certification of the statewide transportation
planning process by the Secretary.
``(4) Public involvement.--In making a determination
regarding certification under this subsection, the Secretary
shall provide for public involvement appropriate to the State
under review.
``(i) Performance-based Planning Processes Evaluation.--
``(1) In general.--The Secretary shall establish criteria
to evaluate the effectiveness of the performance-based
planning processes of States, taking into consideration the
following:
``(A) The extent to which the State has achieved, or is
currently making substantial progress toward achieving, the
performance targets described in subsection (d)(2), taking
into account whether the State developed meaningful
performance targets.
``(B) The extent to which the State has used proven best
practices that help ensure transportation investment that is
efficient and cost-effective.
``(C) The extent to which the State--
``(i) has developed an investment process that relies on
public input and awareness to ensure that investments are
transparent and accountable; and
``(ii) provides regular reports allowing the public to
access the information being collected in a format that
allows the public to meaningfully assess the performance of
the State.
``(2) Report.--
``(A) In general.--Not later than 5 years after the date of
enactment of the MAP 21, the Secretary shall submit to
Congress a report evaluating--
``(i) the overall effectiveness of performance-based
planning as a tool for guiding transportation investments;
and
``(ii) the effectiveness of the performance-based planning
process of each State.
``(B) Publication.--The report under subparagraph (A) shall
be published or otherwise made available in electronically
accessible formats and means, including on the Internet.
``(j) Funding.--Funds apportioned under section 104(b)(6)
of this title and set aside under section 5305(g) of title 49
shall be available to carry out this section.
``(k) Continuation of Current Review Practice.--
``(1) In general.--In consideration of the factors
described in paragraph (2), any decision by the Secretary
concerning a statewide transportation plan or statewide
transportation improvement program shall not be considered to
be a Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) Description of factors.--The factors referred to in
paragraph (1) are that--

[[Page S1248]]

``(A) statewide transportation plans and statewide
transportation improvement programs are subject to a
reasonable opportunity for public comment;
``(B) the projects included in statewide transportation
plans and statewide transportation improvement programs are
subject to review under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
``(C) decisions by the Secretary concerning statewide
transportation plans and statewide transportation improvement
programs have not been reviewed under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) as
of January 1, 1997.
``(l) Schedule for Implementation.--The Secretary shall
issue guidance on a schedule for implementation of the
changes made by this section, taking into consideration the
established planning update cycle for States. The Secretary
shall not require a State to deviate from its established
planning update cycle to implement changes made by this
section. States shall reflect changes made to their
transportation plan or transportation improvement program
updates not later than 2 years after the date of issuance of
guidance by the Secretary under this subsection.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 135 and inserting the following:

``135. Statewide and nonmetropolitan transportation planning.''.

SEC. 1203. NATIONAL GOALS.

(a) In General.--Section 150 of title 23, United States
Code, is amended to read as follows:

``Sec.  150. National goals

``(a) Declaration of Policy.--Performance management will
transform the Federal-aid highway program and provide a means
to the most efficient investment of Federal transportation
funds by refocusing on national transportation goals,
increasing the accountability and transparency of the
Federal-aid highway program, and improving project
decisionmaking through performance-based planning and
programming.
``(b) National Goals.--It is in the interest of the United
States to focus the Federal-aid highway program on the
following national goals:
``(1) Safety.--To achieve a significant reduction in
traffic fatalities and serious injuries on all public roads.
``(2) Infrastructure condition.--To maintain the highway
infrastructure asset system in a state of good repair.
``(3) System reliability.--To improve the efficiency of the
surface transportation system.
``(4) Freight movement and economic vitality.--To improve
the national freight network, strengthen the ability of rural
communities to access national and international trade
markets, and support regional economic development.
``(5) Environmental sustainability.--To enhance the
performance of the transportation system while protecting and
enhancing the natural environment.
``(6) Reduced project delivery delays.--To reduce project
costs, promote jobs and the economy, and expedite the
movement of people and goods by accelerating project
completion through eliminating delays in the project
development and delivery process, including reducing
regulatory burdens and improving agencies' work practices.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 150 and inserting the following:

``150. National goals.''.

Subtitle C--Acceleration of Project Delivery

SEC. 1301. PROJECT DELIVERY INITIATIVE.

(a) Declaration of Policy.--It is the policy of the United
States that--
(1) it is in the national interest for the Department,
State departments of transportation, transit agencies, and
all other recipients of Federal transportation funds--
(A) to accelerate project delivery and reduce costs; and
(B) to ensure that the planning, design, engineering,
construction, and financing of transportation projects is
done in an efficient and effective manner, promoting
accountability for public investments and encouraging greater
private sector involvement in project financing and delivery
while enhancing safety and protecting the environment;
(2) delay in the delivery of transportation projects
increases project costs, harms the economy of the United
States, and impedes the travel of the people of the United
States and the shipment of goods for the conduct of commerce;
and
(3) the Secretary shall identify and promote the deployment
of innovation aimed at reducing the time and money required
to deliver transportation projects while enhancing safety and
protecting the environment.
(b) Establishment of Initiative.--
(1) In general.--To advance the policy described in
subsection (a), the Secretary shall carry out a project
delivery initiative under this section.
(2) Purposes.--The purposes of the project delivery
initiative shall be--
(A) to develop and advance the use of best practices to
accelerate project delivery and reduce costs across all modes
of transportation and expedite the deployment of technology
and innovation;
(B) to implement provisions of law designed to accelerate
project delivery; and
(C) to select eligible projects for applying experimental
features to test innovative project delivery techniques.
(3) Advancing the use of best practices.--
(A) In general.--In carrying out the initiative under this
section, the Secretary shall identify and advance best
practices to reduce delivery time and project costs, from
planning through construction, for transportation projects
and programs of projects regardless of mode and project size.
(B) Administration.--To advance the use of best practices,
the Secretary shall--
(i) engage interested parties, affected communities,
resource agencies, and other stakeholders to gather
information regarding opportunities for accelerating project
delivery and reducing costs;
(ii) establish a clearinghouse for the collection,
documentation, and advancement of existing and new innovative
approaches and best practices;
(iii) disseminate information through a variety of means to
transportation stakeholders on new innovative approaches and
best practices; and
(iv) provide technical assistance to assist transportation
stakeholders in the use of flexibility authority to resolve
project delays and accelerate project delivery if feasible.
(4) Implementation of accelerated project delivery.--The
Secretary shall ensure that the provisions of this subtitle
designed to accelerate project delivery are fully
implemented, including--
(A) expanding eligibility of early acquisition of property
prior to completion of environmental review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(B) allowing the use of the construction manager or general
contractor method of contracting in the Federal-aid highway
system; and
(C) establishing a demonstration program to streamline the
relocation process by permitting a lump-sum payment for
acquisition and relocation if elected by the displaced
occupant.

SEC. 1302. CLARIFIED ELIGIBILITY FOR EARLY ACQUISITION
ACTIVITIES PRIOR TO COMPLETION OF NEPA REVIEW.

(a) In General.--The acquisition of real property in
anticipation of a federally assisted or approved surface
transportation project that may use the property shall not be
prohibited prior to the completion of reviews of the surface
transportation project under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the
acquisition does not--
(1) have an adverse environmental effect; or
(2)(A) limit the choice of reasonable alternatives for the
proposed project; or
(B) prevent the lead agency from making an impartial
decision as to whether to select an alternative that is being
considered during the environmental review process.
(b) Early Acquisition of Real Property Interests for
Highways.--Section 108 of title 23, United States Code, is
amended--
(1) in the section heading by inserting ``interests'' after
``real property'';
(2) in subsection (a) by inserting ``interests'' after
``real property'' each place it appears; and
(3) in subsection (c)--
(A) in the subsection heading by striking ``Rights-of-way''
and inserting ``Real Property Interests'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A) by inserting
``at any time'' after ``may be used''; and
(ii) in subparagraph (A)--

(I) by striking ``rights-of-way'' the first place it
appears and inserting ``real property interests''; and
(II) by striking ``, if the rights-of-way are subsequently
incorporated into a project eligible for surface
transportation program funds''; and

(C) by striking paragraph (2) and inserting the following:
``(2) Terms and conditions.--
``(A) Acquisition of real property interests.--
``(i) In general.--Subject to the other provisions of this
section, prior to completion of the review process for the
project required by the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), a public authority may carry
out acquisition of real property interests that may be used
for a project.
``(ii) Requirements.--An acquisition under clause (i) may
be authorized by project agreement and is eligible for
Federal-aid reimbursement as a project expense if the
Secretary finds that the acquisition--

``(I) will not cause any significant adverse environmental
impact;
``(II) will not limit the choice of reasonable alternatives
for the project or otherwise influence the decision of the
Secretary on any approval required for the project;
``(III) does not prevent the lead agency from making an
impartial decision as to whether to accept an alternative
that is being considered in the environmental review process;
``(IV) is consistent with the State transportation planning
process under section 135;
``(V) complies with other applicable Federal laws
(including regulations);
``(VI) will be acquired through negotiation, without the
threat of condemnation; and

[[Page S1249]]

``(VII) will not result in a reduction or elimination of
benefits or assistance to a displaced person required by the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.) and title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).

``(B) Development.--Real property interests acquired under
this subsection may not be developed in anticipation of a
project until all required environmental reviews for the
project have been completed.
``(C) Reimbursement.--If Federal-aid reimbursement is made
for real property interests acquired early under this section
and the real property interests are not subsequently
incorporated into a project eligible for surface
transportation funds within the time allowed by subsection
(a)(2), the Secretary shall offset the amount reimbursed
against funds apportioned to the State.
``(D) Other conditions.--The Secretary may establish such
other conditions or restrictions on acquisitions as the
Secretary determines to be appropriate.''.

SEC. 1303. EFFICIENCIES IN CONTRACTING.

(a) Authority.--Section 112(b) of title 23, United States
Code, is amended by adding at the end the following:
``(4) Construction manager; general contractor.--
``(A) Procedure.--
``(i) In general.--A contracting agency may award a 2-phase
contract to a construction manager or general contractor for
preconstruction and construction services.
``(ii) Preconstruction phase.--In the preconstruction phase
of a contract under this subparagraph, the construction
manager shall provide the contracting agency with advice
relating to scheduling, work sequencing, cost engineering,
constructability, cost estimating, and risk identification.
``(iii) Agreement to price.--

``(I) In general.--Prior to the start of the second phase
of a contract under this subparagraph, the owner and the
construction manager may agree to a price for the
construction of the project or a portion of the project.
``(II) Result.--If an agreement is reached, the
construction manager shall become the general contractor for
the construction of the project at the negotiated schedule
and price.

``(B) Selection.--A contract shall be awarded to a
construction manager or general contractor under this
paragraph using a competitive selection process under which
the contract is awarded on the basis of--
``(i) qualifications;
``(ii) experience;
``(iii) best value; or
``(iv) any other combination of factors considered
appropriate by the contracting agency.
``(C) Timing.--
``(i) In general.--Prior to the completion of the
environmental review process required under section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C.
4332), a contracting agency may issue requests for proposals,
proceed with the award of the first phase of construction
manager or general contractor contract, and issue notices to
proceed with preliminary design, to the extent that those
actions do not limit any reasonable range of alternatives.
``(ii) NEPA process.--

``(I) In general.--A contracting agency shall not proceed
with the award of the second phase, and shall not proceed, or
permit any consultant or contractor to proceed, with final
design or construction until completion of the environmental
review process required under section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332).
``(II) Requirement.--The Secretary shall require that a
contract include appropriate provisions to ensure achievement
of the objectives of section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) and
compliance with other applicable Federal laws and regulations
occurs.

``(iii) Secretarial approval.--Prior to authorizing
construction activities, the Secretary shall approve--

``(I) the estimate of the contracting agency for the entire
project; and
``(II) any price agreement with the general contractor for
the project or a portion of the project.

``(iv) Termination provision.--The Secretary shall require
a contract to include an appropriate termination provision in
the event that a no-build alternative is selected.''.
(b) Regulations.--The Secretary shall promulgate such
regulations as are necessary to carry out the amendment made
by subsection (a).
(c) Effect on Experimental Program.--Nothing in this
section or the amendment made by this section affects the
authority to carry out, or any project carried out under, any
experimental program concerning construction manager risk
that is being carried out by the Secretary as of the date of
enactment of this Act.

SEC. 1304. INNOVATIVE PROJECT DELIVERY METHODS.

(a) Declaration of Policy.--
(1) In general.--Congress declares that it is in the
national interest to promote the use of innovative
technologies and practices that increase the efficiency of
construction of, improve the safety of, and extend the
service life of highways and bridges.
(2) Inclusions.--The innovative technologies and practices
described in paragraph (1) include state-of-the-art
intelligent transportation system technologies, elevated
performance standards, and new highway construction business
practices that improve highway safety and quality, accelerate
project delivery, and reduce congestion related to highway
construction.
(b) Federal Share.--Section 120(c) of title 23, United
States Code, is amended by adding at the end the following:
``(3) Innovative project delivery.--
``(A) In general.--Except as provided in subparagraph (C),
the Federal share payable on account of a project or activity
carried out with funds apportioned under paragraph (1), (2),
or (5) of section 104(b) may, at the discretion of the State,
be up to 100 percent for any such project, program, or
activity that the Secretary determines--
``(i) contains innovative project delivery methods that
improve work zone safety for motorists or workers and the
quality of the facility;
``(ii) contains innovative technologies, manufacturing
processes, financing, or contracting methods that improve the
quality, extend the service life, or decrease the long-term
costs of maintaining highways and bridges;
``(iii) accelerates project delivery while complying with
other applicable Federal laws (including regulations) and not
causing any significant adverse environmental impact; or
``(iv) reduces congestion related to highway construction.
``(B) Examples.--Projects, programs, and activities
described in subparagraph (A) may include the use of--
``(i) prefabricated bridge elements and systems and other
technologies to reduce bridge construction time;
``(ii) innovative construction equipment, materials, or
techniques, including the use of in-place recycling
technology and digital 3-dimensional modeling technologies;
``(iii) innovative contracting methods, including the
design-build and the construction manager-general contractor
contracting methods;
``(iv) intelligent compaction equipment; or
``(v) contractual provisions that offer a contractor an
incentive payment for early completion of the project,
program, or activity, subject to the condition that the
incentives are accounted for in the financial plan of the
project, when applicable.
``(C) Limitations.--
``(i) In general.--In each fiscal year, a State may use the
authority under subparagraph (A) for up to 10 percent of the
combined apportionments of the State under paragraphs (1),
(2), and (5) of section 104(b).
``(ii) Federal share increase.--The Federal share payable
on account of a project or activity described in subparagraph
(A) may be increased by up to 5 percent of the total project
cost.''.

SEC. 1305. ASSISTANCE TO AFFECTED STATE AND FEDERAL AGENCIES.

Section 139(j) of title 23, United States Code, is amended
by adding at the end the following:
``(6) Memorandum of understanding.--Prior to providing
funds approved by the Secretary for dedicated staffing at an
affected Federal agency under paragraphs (1) and (2), the
affected Federal agency and the State agency shall enter into
a memorandum of understanding that establishes the projects
and priorities to be addressed by the use of the funds.''.

SEC. 1306. APPLICATION OF CATEGORICAL EXCLUSIONS FOR
MULTIMODAL PROJECTS.

(a) In General.--Section 304 of title 49, United States
Code, is amended to read as follows:

``Sec.  304. Application of categorical exclusions for
multimodal projects

``(a) Definitions.--In this section:
``(1) Cooperating authority.--The term `cooperating
authority' means a Department of Transportation operating
authority that is not the lead authority.
``(2) Lead authority.--The term `lead authority' means a
Department of Transportation operating administration or
secretarial office that--
``(A) is the lead authority over a proposed multimodal
project; and
``(B) has determined that the components of the project
that fall under the modal expertise of the lead authority--
``(i) satisfy the conditions for a categorical exclusion
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) implementing regulations or procedures
of the lead authority; and
``(ii) do not require the preparation of an environmental
assessment or an environmental impact statement under that
Act.
``(3) Multimodal project.--The term `multimodal project'
has the meaning given the term in section 139(a) of title 23.
``(b) Exercise of Authorities.--The authorities granted in
this section may be exercised for a multimodal project, class
of projects, or program of projects that are carried out
under this title.
``(c) Application of Categorical Exclusions for Multimodal
Projects.--When considering the environmental impacts of a
proposed multimodal project, a lead authority may apply a
categorical exclusion designated under the implementing
regulations or procedures of a cooperating authority for
other components of the project, on the conditions that--
``(1) the multimodal project is funded under 1 grant
agreement administered by the lead authority;

[[Page S1250]]

``(2) the multimodal project has components that require
the expertise of a cooperating authority to assess the
environmental impacts of the components;
``(3) the component of the project to be covered by the
categorical exclusion of the cooperating authority has
independent utility;
``(4) the cooperating authority, in consultation with the
lead authority, follows National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) implementing regulations or
procedures and determines that a categorical exclusion under
that Act applies to the components; and
``(5) the lead authority has determined that--
``(A) the project, using the categorical exclusions of the
lead and cooperating authorities, does not individually or
cumulatively have a significant impact on the environment;
and
``(B) extraordinary circumstances do not exist that merit
further analysis and documentation in an environmental impact
statement or environmental assessment required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(d) Modal Cooperation.--
``(1) In general.--A cooperating authority shall provide
modal expertise to a lead authority with administrative
authority over a multimodal project on such aspects of the
project in which the cooperating authority has expertise.
``(2) Use of categorical exclusion.--In a case described in
paragraph (1), the 1 or more categorical exclusions of a
cooperating authority may be applied by the lead authority
once the cooperating authority reviews the project on behalf
of the lead authority and determines the project satisfies
the conditions for a categorical exclusion under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
implementing regulations or procedures of the cooperating
authority and this section.''.
(b) Conforming Amendment.--The item relating to section 304
in the analysis for title 49, United States Code, is amended
to read as follows:

``304. Application of categorical exclusions for multimodal
projects.''.

SEC. 1307. STATE ASSUMPTION OF RESPONSIBILITIES FOR
CATEGORICAL EXCLUSIONS.

Section 326 of title 23, United States Code, is amended--
(1) by striking subsection (d) and inserting the following:
``(d) Termination.--
``(1) Termination by the secretary.--The Secretary may
terminate any assumption of responsibility under a memorandum
of understanding on a determination that the State is not
adequately carrying out the responsibilities assigned to the
State.
``(2) Termination by the state.--The State may terminate
the participation of the State in the program at any time by
providing to the Secretary a notice by not later than the
date that is 90 days before the date of termination, and
subject to such terms and conditions as the Secretary may
provide.''; and
(2) by adding at the end the following:
``(f) Legal Fees.--A State assuming the responsibilities of
the Secretary under this section for a specific project may
use funds apportioned to the State under section 104(b)(2)
for attorneys fees directly attributable to eligible
activities associated with the project.''.

SEC. 1308. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.

(a) In General.--Section 327 of title 23, United States
Code, is amended--
(1) in the section heading by striking ``pilot'';
(2) in subsection (a)--
(A) in paragraph (1) by striking ``pilot''; and
(B) in paragraph (2)--
(i) in subparagraph (B) by striking clause (ii) and
inserting the following:
``(ii) the Secretary may not assign--

``(I) any responsibility imposed on the Secretary by
section 134 or 135; or
``(II) responsibility for any conformity determination
required under section 176 of the Clean Air Act (42 U.S.C.
7506).''; and

(ii) by adding at the end the following:
``(F) Legal fees.--A State assuming the responsibilities of
the Secretary under this section for a specific project may
use funds apportioned to the State under section 104(b)(2)
for attorneys fees directly attributable to eligible
activities associated with the project.'';
(3) in subsection (b)--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively; and
(C) in subparagraph (A) of paragraph (3) (as so
redesignated) by striking ``(2)'' and inserting ``(1)'';
(4) in subsection (c)--
(A) in paragraph (3)(D) by striking the period at the end
and inserting a semicolon; and
(B) by adding at the end the following:
``(4) require the State to provide to the Secretary any
information the Secretary considers necessary to ensure that
the State is adequately carrying out the responsibilities
assigned to the State;
``(5) require the Secretary--
``(A) after a period of 5 years, to evaluate the ability of
the State to carry out the responsibility assumed under this
section;
``(B) if the Secretary determines that the State is not
ready to effectively carry out the responsibilities the State
has assumed, to reevaluate the readiness of the State every 3
years, or at such other frequency as the Secretary considers
appropriate, after the initial 5-year evaluation, until the
State is ready to assume the responsibilities on a permanent
basis; and
``(C) once the Secretary determines that the State is ready
to permanently assume the responsibilities of the Secretary,
not to require any further evaluations; and
``(6) require the State to provide the Secretary with any
information, including regular written reports, as the
Secretary may require in conducting evaluations under
paragraph (5).'';
(5) by striking subsection (g);
(6) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively; and
(7) in subsection (h) (as so redesignated)--
(A) by striking paragraph (1);
(B) by redesignating paragraph (2) as paragraph (1); and
(C) by inserting after paragraph (1) (as so redesignated)
the following:
``(2) Termination by the state.--The State may terminate
the participation of the State in the program at any time by
providing to the Secretary a notice by not later than the
date that is 90 days before the date of termination, and
subject to such terms and conditions as the Secretary may
provide.''.
(b) Conforming Amendment.--The item relating to section 327
in the analysis of title 23, United States Code, is amended
to read as follows:

``327. Surface transportation project delivery program.''.

SEC. 1309. CATEGORICAL EXCLUSION FOR PROJECTS WITHIN THE
RIGHT-OF-WAY.

(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall publish a notice
of proposed rulemaking for a categorical exclusion that meets
the definitions (as in effect on that date) of section 1508.4
of title 40, Code of Federal Regulations, and section 771.117
of title 23, Code of Federal Regulations, for a project (as
defined in section 101(a) of title 23, United States Code)--
(1) that is located solely within the right-of-way of an
existing highway, such as new turn lanes and bus pull-offs;
(2) that does not include the addition of a through lane or
new interchange; and
(3) for which the project sponsor demonstrates that the
project--
(A) is intended to improve safety, alleviate congestion, or
improve air quality; or
(B) would improve or maintain pavement or structural
conditions or achieve a state of good repair.
(b) Notice.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall publish a notice
of proposed rulemaking to further define and implement
subsection (a) within subsection (c) or (d) of section
771.117 of title 23, Code of Federal Regulations (as in
effect on the date of enactment of the MAP 21).

SEC. 1310. PROGRAMMATIC AGREEMENTS AND ADDITIONAL CATEGORICAL
EXCLUSIONS.

(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall--
(1) survey the use by the Department of Transportation of
categorical exclusions in transportation projects since 2005;
(2) publish a review of the survey that includes a
description of--
(A) the types of actions categorically excluded; and
(B) any requests previously received by the Secretary for
new categorical exclusions; and
(3) solicit requests from State departments of
transportation, transit authorities, metropolitan planning
organizations, or other government agencies for new
categorical exclusions.
(b) New Categorical Exclusions.--Not later than 120 days
after the date of enactment of this Act, the Secretary shall
publish a notice of proposed rulemaking to propose new
categorical exclusions received by the Secretary under
subsection (a), to the extent that the categorical exclusions
meet the criteria for a categorical exclusion under section
1508.4 of title 40, Code of Federal Regulations and section
771.117(a) of title 23, Code of Federal Regulations (as those
regulations are in effect on the date of the notice).
(c) Additional Actions.--The Secretary shall issue a
proposed rulemaking to move the following types of actions
from subsection (d) of section 771.117 of title 23, Code of
Federal Regulations (as in effect on the date of enactment of
this Act), to subsection (c) of that section, to the extent
that such movement complies with the criteria for a
categorical exclusion under section 1508.4 of title 40, Code
of Federal Regulations (as in effect on the date of enactment
of this Act):
(1) Modernization of a highway by resurfacing, restoration,
rehabilitation, reconstruction, adding shoulders, or adding
auxiliary lanes (including parking, weaving, turning, and
climbing).
(2) Highway safety or traffic operations improvement
projects, including the installation of ramp metering control
devices and lighting.
(3) Bridge rehabilitation, reconstruction, or replacement
or the construction of grade

[[Page S1251]]

separation to replace existing at-grade railroad crossings.
(d) Programmatic Agreements.--
(1) In general.--The Secretary shall seek opportunities to
enter into programmatic agreements with the States that
establish efficient administrative procedures for carrying
out environmental and other required project reviews.
(2) Inclusions.--Programmatic agreements authorized under
paragraph (1) may include agreements that allow a State to
determine on behalf of the Federal Highway Administration
whether a project is categorically excluded from the
preparation of an environmental assessment or environmental
impact statement under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(3) Determinations.--An agreement described in paragraph
(2) may include determinations by the Secretary of the types
of projects categorically excluded (consistent with section
1508.4 of title 40, Code of Federal Regulations) in the State
in addition to the types listed in subsections (c) and (d) of
section 771.117 of title 23, Code of Federal Regulations (as
in effect on the date of enactment of this Act).

SEC. 1311. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL
REVIEWS.

(a) In General.--When preparing a final environmental
impact statement under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), if the lead agency makes
changes in response to comments that are minor and are
confined to factual corrections or explanations of why the
comments do not warrant further agency response, the lead
agency may write on errata sheets attached to the statement
instead of rewriting the draft statement, on the condition
that the errata sheets--
(1) cite the sources, authorities, or reasons that support
the position of the agency; and
(2) if appropriate, indicate the circumstances that would
trigger agency reappraisal or further response.
(b) Incorporation.--To the maximum extent practicable, the
lead agency shall expeditiously develop a single document
that consists of a final environmental impact statement and a
record of decision unless--
(1) the final environmental impact statement makes
substantial changes to the proposed action that are relevant
to environmental or safety concerns; or
(2) there are significant new circumstances or information
relevant to environmental concerns and that bear on the
proposed action or the impacts of the proposed action.

SEC. 1312. MEMORANDA OF AGENCY AGREEMENTS FOR EARLY
COORDINATION.

(a) In General.--It is the sense of Congress that--
(1) the Secretary and other Federal agencies with relevant
jurisdiction in the environmental review process should
cooperate with each other and other agencies on environmental
review and project delivery activities at the earliest
practicable time to avoid delays and duplication of effort
later in the process, head off potential conflicts, and
ensure that planning and project development decisions
reflect environmental values; and
(2) such cooperation should include the development of
policies and the designation of staff that advise planning
agencies or project sponsors of studies or other information
foreseeably required for later Federal action and early
consultation with appropriate State and local agencies and
Indian tribes.
(b) Technical Assistance.--If requested at any time by a
State or local planning agency, the Secretary and other
Federal agencies with relevant jurisdiction in the
environmental review process, shall, to the extent
practicable and appropriate, as determined by the agencies,
provide technical assistance to the State or local planning
agency on accomplishing the early coordination activities
described in subsection (d).
(c) Memorandum of Agency Agreement.--If requested at any
time by a State or local planning agency, the lead agency, in
consultation with other Federal agencies with relevant
jurisdiction in the environmental review process, may
establish memoranda of agreement with the project sponsor,
State, and local governments and other appropriate entities
to accomplish the early coordination activities described in
subsection (d).
(d) Early Coordination Activities.--Early coordination
activities shall include, to the maximum extent practicable,
the following:
(1) Technical assistance on identifying potential impacts
and mitigation issues in an integrated fashion.
(2) The potential appropriateness of using planning
products and decisions in later environmental reviews.
(3) The identification and elimination from detailed study
in the environmental review process of the issues that are
not significant or that have been covered by prior
environmental reviews.
(4) The identification of other environmental review and
consultation requirements so that the lead and cooperating
agencies may prepare, as appropriate, other required analyses
and studies concurrently with planning activities.
(5) The identification by agencies with jurisdiction over
any permits related to the project of any and all relevant
information that will reasonably be required for the project.
(6) The reduction of duplication between requirements under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) and State and local planning and environmental
review requirements, unless the agencies are specifically
barred from doing so by applicable law.
(7) Timelines for the completion of agency actions during
the planning and environmental review processes.
(8) Other appropriate factors.

SEC. 1313. ACCELERATED DECISIONMAKING.

Section 139(h) of title 23, United States Code, is amended
by striking paragraph (4) and inserting the following:
``(4) Interim decision on achieving accelerated
decisionmaking.--
``(A) In general.--Not later than 30 days after the close
of the public comment period on a draft environmental impact
statement, the Secretary may convene a meeting with the
project sponsor, lead agency, resource agencies, and any
relevant State agencies to ensure that all parties are on
schedule to meet deadlines for decisions to be made regarding
the project.
``(B) Deadlines.--The deadlines referred to in subparagraph
(A) shall be those established under subsection (g), or any
other deadlines established by the lead agency, in
consultation with the project sponsor and other relevant
agencies.
``(C) Failure to assure.--If the relevant agencies cannot
provide reasonable assurances that the deadlines described in
subparagraph (B) will be met, the Secretary may initiate the
issue resolution and referral process described under
paragraph (5) and before the completion of the record of
decision.
``(5) Accelerated issue resolution and referral.--
``(A) Agency issue resolution meeting.--
``(i) In general.--A Federal agency of jurisdiction,
project sponsor, or the Governor of a State in which a
project is located may request an issue resolution meeting to
be conducted by the lead agency.
``(ii) Action by lead agency.--The lead agency shall
convene an issue resolution meeting under clause (i) with the
relevant participating agencies and the project sponsor,
including the Governor only if the meeting was requested by
the Governor, to resolve issues that could--

``(I) delay completion of the environmental review process;
or
``(II) result in denial of any approvals required for the
project under applicable laws.

``(iii) Date.--A meeting requested under this subparagraph
shall be held by not later than 21 days after the date of
receipt of the request for the meeting, unless the lead
agency determines that there is good cause to extend the time
for the meeting.
``(iv) Notification.--On receipt of a request for a meeting
under this subparagraph, the lead agency shall notify all
relevant participating agencies of the request, including the
issue to be resolved, and the date for the meeting.
``(v) Disputes.--If a relevant participating agency with
jurisdiction over an approval required for a project under
applicable law determines that the relevant information
necessary to resolve the issue has not been obtained and
could not have been obtained within a reasonable time, but
the lead agency disagrees, the resolution of the dispute
shall be forwarded to the heads of the relevant agencies for
resolution.
``(vi) Convention by lead agency.--A lead agency may
convene an issue resolution meeting under this subsection at
any time without the request of the Federal agency of
jurisdiction, project sponsor, or the Governor of a State.
``(B) Elevation of issue resolution.--
``(i) In general.--If issue resolution is not achieved by
not later than 30 days after the date of a relevant meeting
under subparagraph (A), the Secretary shall notify the lead
agency, the heads of the relevant participating agencies, and
the project sponsor (including the Governor only if the
initial issue resolution meeting request came from the
Governor) that an issue resolution meeting will be convened.
``(ii) Requirements.--The Secretary shall identify the
issues to be addressed at the meeting and convene the meeting
not later than 30 days after the date of issuance of the
notice.
``(C) Referral of issue resolution.--
``(i) Referral to council on environmental quality.--

``(I) In general.--If resolution is not achieved by not
later than 30 days after the date of an issue resolution
meeting under subparagraph (B), the Secretary shall refer the
matter to the Council on Environmental Quality.
``(II) Meeting.--Not later than 30 days after the date of
receipt of a referral from the Secretary under subclause (I),
the Council on Environmental Quality shall hold an issue
resolution meeting with the lead agency, the heads of
relevant participating agencies, and the project sponsor
(including the Governor only if an initial request for an
issue resolution meeting came from the Governor).

``(ii) Referral to the president.--If a resolution is not
achieved by not later than 30 days after the date of the
meeting convened by the Council on Environmental Quality
under clause (i)(II), the Secretary shall refer the matter
directly to the President.
``(6) Financial transfer provisions.--
``(A) In general.--A Federal agency of jurisdiction over an
approval required for a project under applicable laws shall
complete any required approval on an expeditious basis using
the shortest existing applicable process.
``(B) Failure to decide.--

[[Page S1252]]

``(i) In general.--If an agency described in subparagraph
(A) fails to render a decision under any Federal law relating
to a project that requires the preparation of an
environmental impact statement or environmental assessment,
including the issuance or denial of a permit, license, or
other approval by the date described in clause (ii), the
agency shall transfer from the applicable office of the head
of the agency, or equivalent office to which the authority
for rendering the decision has been delegated by law, to the
agency or division charged with rendering a decision
regarding the application, by not later than 1 day after the
applicable date under clause (ii), and once each week
thereafter until a final decision is rendered, subject to
subparagraph (C)--

``(I) $20,000 for any project for which an annual financial
plan under section 106(i) is required; or
``(II) $10,000 for any other project requiring preparation
of an environmental assessment or environmental impact
statement.

``(ii) Description of date.--The date referred to in clause
(i) is the later of--

``(I) the date that is 180 days after the date on which an
application for the permit, license, or approval is complete;
and
``(II) the date that is 180 days after the date on which
the Federal lead agency issues a decision on the project
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).

``(C) Limitations.--
``(i) In general.--No transfer of funds under subparagraph
(B) relating to an individual project shall exceed, in any
fiscal year, an amount equal to 1 percent of the funds made
available for the applicable agency office.
``(ii) Failure to decide.--The total amount transferred in
a fiscal year as a result of a failure by an agency to make a
decision by an applicable deadline shall not exceed an amount
equal to 5 percent of the funds made available for the
applicable agency office for that fiscal year.
``(D) Treatment.--The transferred funds shall only be
available to the agency or division charged with rendering
the decision as additional resources, pursuant to
subparagraph (F).
``(E) No fault of agency.--A transfer of funds under this
paragraph shall not be made if the agency responsible for
rendering the decision certifies that--
``(i) the agency has not received necessary information or
approvals from another entity, such as the project sponsor,
in a manner that affects the ability of the agency to meet
any requirements under State, local, or Federal law; or
``(ii) significant new information or circumstances,
including a major modification to an aspect of the project,
requires additional analysis for the agency to make a
decision on the project application.
``(F) Treatment of funds.--
``(i) In general.--Funds transferred under this paragraph
shall supplement resources available to the agency or
division charged with making a decision for the purpose of
expediting permit reviews.
``(ii) Availability.--Funds transferred under this
paragraph shall be available for use or obligation for the
same period that the funds were originally authorized or
appropriated, plus 1 additional fiscal year.
``(iii) Limitation.--The Federal agency with jurisdiction
for the decision that has transferred the funds pursuant to
this paragraph shall not reprogram funds to the office of the
head of the agency, or equivalent office, to reimburse that
office for the loss of the funds.
``(G) Audits.--In any fiscal year in which any Federal
agency transfers funds pursuant to this paragraph, the
Inspector General of that agency shall--
``(i) conduct an audit to assess compliance with the
requirements of this paragraph; and
``(ii) not later than 120 days after the end of the fiscal
year during which the transfer occurred, submit to the
Committee on Environment and Public Works of the Senate and
any other appropriate congressional committees a report
describing the reasons why the transfers were levied,
including allocations of resources.
``(H) Effect of paragraph.--Nothing in this paragraph
affects or limits the application of, or obligation to comply
with, any Federal, State, local, or tribal law.
``(I) Authority for intra-agency transfer of funds.--The
requirement provided under this paragraph for a Federal
agency to transfer or reallocate funds of the Federal agency
in accordance with subparagraph (B)(i)--
``(i) shall be treated by the Federal agency as a
requirement and authority consistent with any applicable
original law establishing and authorizing the agency; but
``(ii) does not provide to the Federal agency the authority
to require or determine the intra-agency transfer or
reallocation of funds that are provided to or are within any
other Federal agency.
``(7) Expedient decisions and reviews.--To ensure that
Federal environmental decisions and reviews are expeditiously
made--
``(A) adequate resources made available under this title
shall be devoted to ensuring that applicable environmental
reviews under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) are completed on an expeditious
basis and that the shortest existing applicable process under
that Act is implemented; and
``(B) the President shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, not less frequently than once every 120
days after the date of enactment of the MAP 21, a report on
the status and progress of the following projects and
activities funded under this title with respect to compliance
with applicable requirements under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.):
``(i) Projects and activities required to prepare an annual
financial plan under section 106(i).
``(ii) A sample of not less than 5 percent of the projects
requiring preparation of an environmental impact statement or
environmental assessment in each State.''.

SEC. 1314. ENVIRONMENTAL PROCEDURES INITIATIVE.

(a) Establishment.--For grant programs under which funds
are distributed by formula by the Department of
Transportation, the Secretary shall establish an initiative
to review and develop consistent procedures for environmental
permitting and procurement requirements.
(b) Report.--The Secretary shall publish the results of the
initiative described in subsection (a) in an electronically
accessible format.

SEC. 1315. ALTERNATIVE RELOCATION PAYMENT DEMONSTRATION
PROGRAM.

(a) Payment Demonstration Program.--
(1) In general.--Except as otherwise provided in this
section, for the purpose of identifying improvements in the
timeliness of providing relocation assistance to persons
displaced by Federal or federally assisted programs and
projects, the Secretary may allow not more than 5 States to
participate in an alternative relocation payment
demonstration program under which payments to displaced
persons eligible for relocation assistance pursuant to the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.) (including
implementing regulations), are calculated based on reasonable
estimates and paid in advance of the physical displacement of
the displaced person.
(2) Timing of payments.--Relocation assistance payments for
projects carried out under an approved State demonstration
program may be provided to the displaced person at the same
time as payments of just compensation for real property
acquired for the program or project of the State.
(3) Combining of payments.--Payments for relocation and
just compensation may be combined into a single unallocated
amount.
(b) Criteria.--
(1) In general.--After public notice and an opportunity to
comment, the Secretary shall adopt criteria for carrying out
the alternative relocation payment demonstration program.
(2) Conditions.--
(A) In general.--Conditions for State participation in the
demonstration program shall include the conditions described
in subparagraphs (B) through (E).
(B) Memorandum of agreement.--A State wishing to
participate in the demonstration program shall be required to
enter into a memorandum of agreement with the Secretary that
includes provisions relating to--
(i) the selection of projects or programs within the State
to which the alternative relocation payment process will be
applied;
(ii) program and project-level monitoring;
(iii) performance measurement;
(iv) reporting; and
(v) the circumstances under which the Secretary may
terminate the demonstration program of the State before the
end of the program term.
(C) Term of demonstration program.--Except as provided in
subparagraph (B)(v), the demonstration program of the State
may continue for up to 3 years after the date on which the
Secretary executes the memorandum of agreement.
(D) Displaced persons.--
(i) In general.--Displaced persons affected by a project
included in the demonstration program of the State shall be
informed in writing in a format that is clear and easily
understandable that the relocation payments that the
displaced persons receive under the demonstration program may
be higher or lower than the amount that the displaced persons
would receive under the standard relocation assistance
process.
(ii) Alternative process.--Displaced persons shall be
informed--

(I) of the right of the displaced persons not to
participate in the demonstration program; and
(II) that the alternative relocation payment process can be
used only if the displaced person agrees in writing.

(iii) Assistance.--The displacing agency shall provide any
displaced person who elects not to participate in the
demonstration program with relocation assistance in
accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et
seq.) (including implementing regulations).
(E) Other displacements.--
(i) In general.--If other Federal agencies plan
displacements in or adjacent to a demonstration program
project area within the same time period as the project
acquisition and relocation actions of the demonstration
program, the Secretary shall adopt measures to protect
against inconsistent treatment of displaced persons.
(ii) Inclusion.--Measures described in clause (i) may
include a determination that

[[Page S1253]]

the demonstration program authority may not be used on a
particular project.
(c) Report.--
(1) In general.--The Secretary shall submit to Congress--
(A) at least every 18 months after the date of enactment of
this Act, a report on the progress and results of the
demonstration program; and
(B) not later than 1 year after all State demonstration
programs have ended, a final report.
(2) Requirements.--The final report shall include an
evaluation by the Secretary of the merits of the alternative
relocation payment demonstration program, including the
effects of the demonstration program on--
(A) displaced persons and the protections afforded to
displaced persons by the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.);
(B) the efficiency of the delivery of Federal-aid highway
projects and overall effects on the Federal-aid highway
program; and
(C) the achievement of the purposes of the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et seq.).
(d) Limitation.--The authority of this section may be used
only on projects funded under title 23, United States Code,
in cases in which the funds are administered by the Federal
Highway Administration.
(e) Authority.--The authority of the Secretary to approve
an alternate relocation payment demonstration program for a
State terminates on the date that is 3 years after the date
of enactment of this Act

SEC. 1316. REVIEW OF FEDERAL PROJECT AND PROGRAM DELIVERY.

(a) Completion Time Assessments and Reports.--
(1) In general.--For projects funded under title 23, United
States Code, the Secretary shall compare--
(A)(i) the completion times of categorical exclusions,
environmental assessments, and environmental impact
statements initiated after calendar year 2005; to
(ii) the completion times of categorical exclusions,
environmental assessments, and environmental impact
statements initiated during a period prior to calendar year
2005; and
(B)(i) the completion times of categorical exclusions,
environmental assessments, and environmental impact
statements initiated during the period beginning on January
1, 2005, and ending on the date of enactment of this Act; to
(ii) the completion times of categorical exclusions,
environmental assessments, and environmental impact
statements initiated after the date of enactment of this Act.
(2) Report.--The Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report--
(A) not later than 1 year after the date of enactment of
this Act that--
(i) describes the results of the review conducted under
paragraph (1)(A); and
(ii) identifies any change in the timing for completions,
including the reasons for any such change and the reasons for
delays in excess of 5 years; and
(B) not later than 5 years after the date of enactment of
this Act that--
(i) describes the results of the review conducted under
paragraph (1)(B); and
(ii) identifies any change in the timing for completions,
including the reasons for any such change and the reasons for
delays in excess of 5 years.
(b) Additional Report.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report on the types and
justification for the additional categorical exclusions
granted under the authority provided under sections 1309 and
1310.
(c) GAO Report.--The Comptroller General of the United
States shall--
(1) assess the reforms carried out under sections 1301
through 1315 (including the amendments made by those
sections); and
(2) not later than 5 years after the date of enactment of
this Act, submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report that describes the results of the assessment.
(d) Inspector General Report.--The Inspector General of the
Department of Transportation shall--
(1) assess the reforms carried out under sections 1301
through 1315 (including the amendments made by those
sections); and
(2) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate--
(A) not later than 2 years after the date of enactment of
this Act, an initial report of the findings of the Inspector
General; and
(B) not later than 4 years after the date of enactment of
this Act, a final report of the findings.

Subtitle D--Highway Safety

SEC. 1401. JASON'S LAW.

(a) In General.--It is the sense of Congress that it is a
national priority to address projects under this section for
the shortage of long-term parking for commercial motor
vehicles on the National Highway System to improve the safety
of motorized and nonmotorized users and for commercial motor
vehicle operators.
(b) Eligible Projects.--Eligible projects under this
section are those that--
(1) serve the National Highway System; and
(2) may include the following:
(A) Constructing safety rest areas (as defined in section
120(c) of title 23, United States Code) that include parking
for commercial motor vehicles.
(B) Constructing commercial motor vehicle parking
facilities adjacent to commercial truck stops and travel
plazas.
(C) Opening existing facilities to commercial motor vehicle
parking, including inspection and weigh stations and park-
and-ride facilities.
(D) Promoting the availability of publicly or privately
provided commercial motor vehicle parking on the National
Highway System using intelligent transportation systems and
other means.
(E) Constructing turnouts along the National Highway System
for commercial motor vehicles.
(F) Making capital improvements to public commercial motor
vehicle parking facilities currently closed on a seasonal
basis to allow the facilities to remain open year-round.
(G) Improving the geometric design of interchanges on the
National Highway System to improve access to commercial motor
vehicle parking facilities.
(c) Survey and Comparative Assessment.--
(1) In general.--The Secretary, in consultation with
relevant State motor carrier safety personnel, shall conduct
a survey regarding the availability of parking facilities
within each State--
(A) to evaluate the capability of the State to provide
adequate parking and rest facilities for motor carriers
engaged in interstate motor carrier service;
(B) to assess the volume of motor carrier traffic through
the State; and
(C) to develop a system of metrics to measure the adequacy
of parking facilities in the State.
(2) Results.--The results of the survey under paragraph (1)
shall be made available to the public on the website of the
Department of Transportation.
(3) Periodic updates.--The Secretary shall periodically
update the survey under this subsection.
(d) Treatment of Projects.--Notwithstanding any other
provision of law, projects funded through the authority
provided under this section shall be treated as projects on a
Federal-aid highway under chapter 1 of title 23, United
States Code.

SEC. 1402. OPEN CONTAINER REQUIREMENTS.

Section 154(c) of title 23, United States Code, is
amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Fiscal year 2012 and thereafter.--
``(A) Reservation of funds.--On October 1, 2011, and each
October 1 thereafter, if a State has not enacted or is not
enforcing an open container law described in subsection (b),
the Secretary shall reserve an amount equal to 2.5 percent of
the funds to be apportioned to the State on that date under
each of paragraphs (1) and (2) of section 104(b) until the
State certifies to the Secretary the means by which the State
will use those reserved funds in accordance with
subparagraphs (A) and (B) of paragraph (1) and paragraph (3).
``(B) Transfer of funds.--As soon as practicable after the
date of receipt of a certification from a State under
subparagraph (A), the Secretary shall--
``(i) transfer the reserved funds identified by the State
for use as described in subparagraphs (A) and (B) of
paragraph (1) to the apportionment of the State under section
402; and
``(ii) release the reserved funds identified by the State
as described in paragraph (3).'';
(2) by striking paragraph (3) and inserting the following:
``(3) Use for highway safety improvement program.--
``(A) In general.--A State may elect to use all or a
portion of the funds transferred under paragraph (2) for
activities eligible under section 148.
``(B) State departments of transportation.--If the State
makes an election under subparagraph (A), the funds shall be
transferred to the department of transportation of the State,
which shall be responsible for the administration of the
funds.''; and
(3) by striking paragraph (5) and inserting the following:
``(5) Derivation of amount to be transferred.--The amount
to be transferred under paragraph (2) may be derived from the
following:
``(A) The apportionment of the State under section
104(b)(l).
``(B) The apportionment of the State under section
104(b)(2).''.

SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING
WHILE INTOXICATED OR DRIVING UNDER THE
INFLUENCE.

(a) Definitions.--Section 164(a) of title 23, United States
Code, is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(3) in paragraph (4) (as so redesignated) by striking
subparagraph (A) and inserting the following:
``(A) receive--

[[Page S1254]]

``(i) a suspension of all driving privileges for not less
than 1 year; or
``(ii) a suspension of unlimited driving privileges for 1
year, allowing for the reinstatement of limited driving
privileges subject to restrictions and limited exemptions as
established by State law, if an ignition interlock device is
installed for not less than 1 year on each of the motor
vehicles owned or operated, or both, by the individual;''.
(b) Transfer of Funds.--Section 164(b) of title 23, United
States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Fiscal year 2012 and thereafter.--
``(A) Reservation of funds.--On October 1, 2011, and each
October 1 thereafter, if a State has not enacted or is not
enforcing a repeat intoxicated driver law, the Secretary
shall reserve an amount equal to 2.5 percent of the funds to
be apportioned to the State on that date under each of
paragraphs (1) and (2) of section 104(b) until the State
certifies to the Secretary the means by which the States will
use those reserved funds among the uses authorized under
subparagraphs (A) and (B) of paragraph (1), and paragraph
(3).
``(B) Transfer of funds.--As soon as practicable after the
date of receipt of a certification from a State under
subparagraph (A), the Secretary shall--
``(i) transfer the reserved funds identified by the State
for use as described in subparagraphs (A) and (B) of
paragraph (1) to the apportionment of the State under section
402; and
``(ii) release the reserved funds identified by the State
as described in paragraph (3).'';
(2) by striking paragraph (3) and inserting the following:
``(3) Use for highway safety improvement program.--
``(A) In general.--A State may elect to use all or a
portion of the funds transferred under paragraph (2) for
activities eligible under section 148.
``(B) State departments of transportation.--If the State
makes an election under subparagraph (A), the funds shall be
transferred to the department of transportation of the State,
which shall be responsible for the administration of the
funds.''; and
(3) by striking paragraph (5) and inserting the following:
``(5) Derivation of amount to be transferred.--The amount
to be transferred under paragraph (2) may be derived from the
following:
``(A) The apportionment of the State under section
104(b)(1).
``(B) The apportionment of the State under section
104(b)(2).''.

SEC. 1404. ADJUSTMENTS TO PENALTY PROVISIONS.

(a) Vehicle Weight Limitations.--Section 127(a)(1) of title
23, United States Code, is amended by striking ``No funds
shall be apportioned in any fiscal year under section
104(b)(1) of this title to any State which'' and inserting
``The Secretary shall withhold 50 percent of the
apportionment of a State under section 104(b)(1) in any
fiscal year in which the State''.
(b) Control of Junkyards.--Section 136 of title 23, United
States Code, is amended--
(1) in subsection (b), in the first sentence--
(A) by striking ``10 per centum'' and inserting ``7
percent''; and
(B) by striking ``section 104 of this title'' and inserting
``paragraphs (1) through (5) of section 104(b)''; and
(2) by adding at the end the following:
``(n) For purposes of this section, the terms `primary
system' and `Federal-aid primary system' mean any highway
that is on the National Highway System, which includes the
Interstate Highway System.''.
(c) Enforcement of Vehicle Size and Weight Laws.--Section
141(b)(2) of title 23, United States Code, is amended--
(1) by striking ``10 per centum'' and inserting ``7
percent''; and
(2) by striking ``section 104 of this title'' and inserting
``paragraphs (1) through (5) of section 104(b)''.
(d) Proof of Payment of the Heavy Vehicle Use Tax.--Section
141(c) of title 23, United States Code, is amended--
(1) by striking ``section 104(b)(4)'' each place it appears
and inserting ``section 104(b)(1)''; and
(2) in the first sentence by striking ``25 per centum'' and
inserting `` 8 percent''.
(e) Use of Safety Belts.--Section 153(h) of title 23,
United States Code, is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1);
(3) in paragraph (1) (as so redesignated)--
(A) by striking the paragraph heading and inserting ``Prior
to fiscal year 2012''; and
(B) by inserting ``and before October 1, 2011,'' after
``September 30, 1994,''; and
(4) by inserting after paragraph (1) (as so redesignated)
the following:
``(2) Fiscal year 2012 and thereafter.--If, at any time in
a fiscal year beginning after September 30, 2011, a State
does not have in effect a law described in subsection (a)(2),
the Secretary shall transfer an amount equal to 2 percent of
the funds apportioned to the State for the succeeding fiscal
year under each of paragraphs (1) through (3) of section
104(b) to the apportionment of the State under section
402.''.
(f) National Minimum Drinking Age.--Section 158(a)(1) of
title 23, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) Fiscal years before 2012.--The Secretary''; and
(2) by adding at the end the following:
``(B) Fiscal year 2012 and thereafter.--For fiscal year
2012 and each fiscal year thereafter, the amount to be
withheld under this section shall be an amount equal to 8
percent of the amount apportioned to the noncompliant State,
as described in subparagraph (A), under paragraphs (1) and
(2) of section 104(b).''.
(g) Drug Offenders.--Section 159 of title 23, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1);
(B) by redesignating paragraph (2) as paragraph (1);
(C) in paragraph (1) (as so redesignated) by striking
``(including any amounts withheld under paragraph (1))''; and
(D) by inserting after paragraph (1) (as so redesignated)
the following:
``(2) Fiscal year 2012 and thereafter.--The Secretary shall
withhold an amount equal to 8 percent of the amount required
to be apportioned to any State under each of paragraphs (1)
and (2) of section 104(b) on the first day of each fiscal
year beginning after September 30, 2011, if the State fails
to meet the requirements of paragraph (3) on the first day of
the fiscal year.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Effect of Noncompliance.--No funds withheld under
this section from apportionments to any State shall be
available for apportionment to that State.''.
(h) Zero Tolerance Blood Alcohol Concentration for
Minors.--Section 161(a) of title 23, United States Code, is
amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1);
(3) in paragraph (1) (as so redesignated)--
(A) by striking the paragraph heading and inserting ``Prior
to fiscal year 2012''; and
(B) by inserting ``through fiscal year 2011'' after ``each
fiscal year thereafter''; and
(4) by inserting after paragraph (1) (as so redesignated)
the following:
``(2) Fiscal year 2012 and thereafter.--The Secretary shall
withhold an amount equal to 8 percent of the amount required
to be apportioned to any State under each of paragraphs (1)
and (2) of section 104(b) on October 1, 2011, and on October
1 of each fiscal year thereafter, if the State does not meet
the requirement of paragraph (3) on that date.''.
(i) Operation of Motor Vehicles by Intoxicated Persons.--
Section 163(e) of title 23, United States Code, is amended by
striking paragraphs (1) and (2) and inserting the following:
``(1) Fiscal years 2007 through 2011.--On October 1, 2006,
and October 1 of each fiscal year thereafter through fiscal
year 2011, if a State has not enacted or is not enforcing a
law described in subsection (a), the Secretary shall withhold
an amount equal to 8 percent of the amounts to be apportioned
to the State on that date under each of paragraphs (1), (3),
and (4) of section 104(b).
``(2) Fiscal year 2012 and thereafter.--On October 1, 2011,
and October 1 of each fiscal year thereafter, if a State has
not enacted or is not enforcing a law described in subsection
(a), the Secretary shall withhold an amount equal to 6
percent of the amounts to be apportioned to the State on that
date under each of paragraphs (1) and (2) of section
104(b).''.
(j) Commercial Driver's License.--Section 31314 of title
49, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Penalties Imposed in Fiscal Year 2012 and
Thereafter.--Effective beginning on October 1, 2011--
``(1) the penalty for the first instance of noncompliance
by a State under this section shall be not more than an
amount equal to 4 percent of funds required to be apportioned
to the noncompliant State under paragraphs (1) and (2) of
section 104(b) of title 23; and
``(2) the penalty for subsequent instances of noncompliance
shall be not more than an amount equal to 8 percent of funds
required to be apportioned to the noncompliant State under
paragraphs (1) and (2) of section 104(b) of title 23.''.

SEC. 1405. HIGHWAY WORKER SAFETY.

Not later than 60 days after the date of enactment of this
Act, the Secretary shall modify section 630.1108(a) of title
23, Code of Federal Regulations (as in effect on the date of
enactment of this Act), to ensure that--
(1) at a minimum, positive protective measures are used to
separate workers on highway construction projects from
motorized traffic in all work zones conducted under traffic
in areas that offer workers no means of escape (such as
tunnels and bridges), unless an engineering study determines
otherwise;
(2) temporary longitudinal traffic barriers are used to
protect workers on highway construction projects in long-
duration stationary work zones when the project design speed
is anticipated to be high and the nature of the work requires
workers to be within 1 lane-width from the edge of a live
travel lane, unless--
(A) an analysis by the project sponsor determines
otherwise; or
(B) the project is outside of an urbanized area and the
annual average daily traffic load of the applicable road is
less than 100 vehicles per hour; and
(3) when positive protective devices are necessary for
highway construction projects,

[[Page S1255]]

those devices are paid for on a unit-pay basis, unless doing
so would create a conflict with innovative contracting
approaches, such as design-build or some performance-based
contracts under which the contractor is paid to assume a
certain risk allocation and payment is generally made on a
lump-sum basis.

SEC. 1406. GUARDRAIL SAFETY AND COST STUDY.

(a) Definitions of Type I Guardrail and Type II
Guardrail.--In this section, the terms ``Type I guardrail''
and ``Type II guardrail'' have the meaning given those terms
in AASHTO Designation M-180-11, except that--
(1) the term ``Type I guardrail'' means only Type I
guardrail that is galvanized prior to fabrication; and
(2) the term ``Type II guardrail'' means only Type II
guardrail that is galvanized after fabrication.
(b) Study.--The Secretary shall conduct a study regarding
the safety and cost of guardrails in accordance with this
section.
(c) Subject Matter.--
(1) In general.--The study shall include an evaluation of
the relative safety and lifecycle cost of Type I guardrail
and Type II guardrail.
(2) Safety evaluation.--The evaluation of relative safety
described in paragraph (1) shall include consideration of
whether there is a relationship between severity of crash
outcomes, in terms of fatalities, injuries, or damage, and
the use of different guardrail types.
(3) Lifecycle cost.--The evaluation of the lifecycle cost
of different guardrail types described in paragraph (1) shall
include consideration of a range of time periods, including a
minimum 30-year period.
(d) Methods.--In carrying out the study under this section,
the Secretary shall--
(1) consider guardrail-related crash data and other
relevant actual experience in the use of different types of
guardrails, including whether there is a relationship between
severity of crash outcomes and the use of different guardrail
types;
(2) consider prior research and other sources of
information;
(3) consult with manufacturers of guardrails, State and
local transportation officials with responsibility for the
purchase or maintenance of guardrails, associations
representing those entities, and such other experts as the
Secretary determines to be appropriate; and
(4) undertake, to the extent the Secretary determines to be
appropriate, independent research or materials testing or
take other steps to collect and analyze data and information.
(e) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate a report on the results of the
study under this section, including--
(1) any findings by the Secretary regarding differences in
the relative safety and lifecycle cost of Type I guardrail
and Type II guardrail; and
(2) any recommendations by the Secretary relating to safety
and lifecycle cost of guardrails, including any
recommendations as to whether any difference in the relative
safety and lifecycle cost of Type I guardrail and Type II
guardrail warrants limiting eligibility to use Federal funds
for guardrail to guardrail meeting certain characteristics.

Subtitle E--Miscellaneous

SEC. 1501. PROGRAM EFFICIENCIES.

The first sentence of section 102(b) of title 23, United
States Code, is amended by striking ``made available for such
engineering'' and inserting ``reimbursed for the preliminary
engineering''.

SEC. 1502. PROJECT APPROVAL AND OVERSIGHT.

Section 106 of title 23, United States Code, is amended--
(1) in subsection (a)(2) by inserting ``recipient'' before
``formalizing'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the heading, by striking ``Non-interstate''; and
(ii) by striking ``but not on the Interstate System''; and
(B) by striking paragraph (4) and inserting the following:
``(4) Limitation on interstate projects.--
``(A) In general.--The Secretary shall not assign any
responsibilities to a State for projects the Secretary
determines to be in a high risk category, as defined under
subparagraph (B).
``(B) High risk categories.--The Secretary may define the
high risk categories under this subparagraph on a national
basis, a State-by-State basis, or a national and State-by-
State basis, as determined to be appropriate by the
Secretary.'';
(3) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A)--

(I) in the matter preceding clause (i)--

(aa) by striking ``concept'' and inserting ``planning'';
and
(bb) by striking ``multidisciplined'' and inserting
``multidisciplinary''; and

(II) by striking clause (i) and inserting the following:

``(i) providing the needed functions and achieving the
established commitments (including environmental, community,
and agency commitments) safely, reliably, and at the lowest
overall lifecycle cost;''; and
(ii) in subparagraph (B) by striking clause (ii) and
inserting the following:
``(ii) refining or redesigning, as appropriate, the project
using different technologies, materials, or methods so as to
accomplish the purpose, functions, and established
commitments (including environmental, community, and agency
commitments) of the project.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A) by striking
``or other cost-reduction analysis'';
(ii) in subparagraph (A) by striking ``Federal-aid system''
and inserting ``National Highway System receiving Federal
assistance''; and
(iii) in subparagraph (B) by inserting ``on the National
Highway System receiving Federal assistance'' after ``a
bridge project''; and
(C) by striking paragraph (4) and inserting the following:
``(4) Requirements.--
``(A) Value engineering program.--The State shall develop
and carry out a value engineering program that--
``(i) establishes and documents value engineering program
policies and procedures;
``(ii) ensures that the required value engineering analysis
is conducted before completing the final design of a project;
``(iii) ensures that the value engineering analysis that is
conducted, and the recommendations developed and implemented
for each project, are documented in a final value engineering
report; and
``(iv) monitors, evaluates, and annually submits to the
Secretary a report that describes the results of the value
analyses that are conducted and the recommendations
implemented for each of the projects described in paragraph
(2) that are completed in the State.
``(B) Bridge projects.--The value engineering analysis for
a bridge project under paragraph (2) shall--
``(i) include bridge superstructure and substructure
requirements based on construction material; and
``(ii) be evaluated by the State--

``(I) on engineering and economic bases, taking into
consideration acceptable designs for bridges; and
``(II) using an analysis of lifecycle costs and duration of
project construction.'';

(4) in subsection (g)(4) by adding at the end the
following:
``(C) Funding.--
``(i) In general.--Subject to project approval by the
Secretary, a State may obligate funds apportioned to the
State under section 104(b)(2) for carrying out the
responsibilities of the State under subparagraph (A).
``(ii) Eligible activities.--Activities eligible for
assistance under this subparagraph include--

``(I) State administration of subgrants; and
``(II) State oversight of subrecipients.

``(iii) Annual work plan.--To receive the funding
flexibility made available under this subparagraph, the State
shall submit to the Secretary an annual work plan identifying
activities to be carried out under this subparagraph during
the applicable year.
``(iv) Federal share.--The Federal share of the cost of
activities carried out under this subparagraph shall be 100
percent.''; and
(5) in subsection (h)--
(A) in paragraph (1)(B) by inserting ``, including a
phasing plan when applicable'' after ``financial plan''; and
(B) by striking paragraph (3) and inserting the following:
``(3) Financial plan.--A financial plan--
``(A) shall be based on detailed estimates of the cost to
complete the project;
``(B) shall provide for the annual submission of updates to
the Secretary that are based on reasonable assumptions, as
determined by the Secretary, of future increases in the cost
to complete the project; and
``(C) may include a phasing plan that identifies fundable
incremental improvements or phases that will address the
purpose and the need of the project in the short term in the
event there are insufficient financial resources to complete
the entire project. If a phasing plan is adopted for a
project pursuant to this section, the project shall be deemed
to satisfy the fiscal constraint requirements in the
statewide and metropolitan planning requirements in sections
134 and 135.''.

SEC. 1503. STANDARDS.

(a) Practical Design.--Section 109 of title 23, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``and'' at the end;
(B) in paragraph (2) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) utilize, when appropriate, practical design
solutions, as defined in this section, to ensure that
transportation needs are met and that funds available for
transportation projects are used efficiently.'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding subparagraph
(A)--
(i) by striking ``, reconstruction, resurfacing (except for
maintenance resurfacing), restoration, or rehabilitation''
and inserting ``or reconstruction''; and
(ii) by striking ``may take into account'' and inserting
``shall consider'';
(B) in paragraph (2)--
(i) in the first sentence of the matter preceding
subparagraph (A) by striking ``may'' and inserting ``shall'';

[[Page S1256]]

(ii) in subparagraph (C) by striking ``and'' at the end;
(iii) by redesignating subparagraph (D) as subparagraph
(F); and
(iv) by inserting after subparagraph (C) the following:
``(D) the publication entitled `Highway Safety Manual' of
the American Association of State Highway and Transportation
Officials;
``(E) the publication entitled `A Guide for Achieving
Flexibility in Highway Design, 1st Edition', published by the
American Association of State Highway and Transportation
Officials; and'';
(3) in subsection (f) by inserting ``pedestrian walkways,''
after ``bikeways,'';
(4) in subsection (m) by inserting ``, safe, and
continuous'' after ``for a reasonable'';
(5) in subsection (q) by striking ``consistent with the
operative safety management system established in accordance
with section 303 or in accordance with'' inserting ``that is
in accordance with a State's strategic highway safety plan
and included on''; and
(6) by adding at the end the following:
``(r) Definition.--In this section, the term `practical
design solution' means a collaborative interdisciplinary
approach that results in a transportation project that fits
its physical setting, preserves safety, and balances costs
with the necessary scope and project delivery needs of the
project, as well as with scenic, aesthetic, historic, and
environmental resources.''.
(b) Additional Standards.--Section 109 of title 23, United
States Code (as amended by subsection (a)(6)), is amended by
adding at the end the following:
``(s) Pavement Markings.--The Secretary shall not approve
any pavement markings project that includes the use of glass
beads containing more than 200 parts per million of arsenic
or lead, as determined in accordance with Environmental
Protection Agency testing methods 3052, 6010B, or 6010C.''.

SEC. 1504. CONSTRUCTION.

Section 114 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraph (1) and inserting the following:
``(1) Limitation on convict labor.--Convict labor shall not
be used in construction of Federal-aid highways or portions
of Federal-aid highways unless the labor is performed by
convicts who are on parole, supervised release, or
probation.''; and
(B) in paragraph (3) by inserting ``in existence during
that period'' after ``located on a Federal-aid system''; and
(2) in subsection (c)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--The Secretary shall ensure that a worker
who is employed on a remote project for the construction of a
Federal-aid highway or portion of a Federal-aid highway in
the State of Alaska and who is not a domiciled resident of
the locality shall receive meals and lodging.''; and
(B) in paragraph (3)(C) by striking ``highway or portion of
a highway located on a Federal-aid system'' and inserting
``Federal-aid highway or portion of a Federal-aid highway''.

SEC. 1505. MAINTENANCE.

Section 116 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by inserting ``or other direct
recipient'' before ``to maintain''; and
(B) by striking the second sentence;
(2) by striking subsection (b) and inserting the following:
``(b) Agreement.--In any State in which the State
transportation department or other direct recipient is
without legal authority to maintain a project described in
subsection (a), the transportation department or direct
recipient shall enter into a formal agreement with the
appropriate officials of the county or municipality in which
the project is located providing for the maintenance of the
project.''; and
(3) in the first sentence of subsection (c) by inserting
``or other direct recipient'' after ``State transportation
department''.

SEC. 1506. FEDERAL SHARE PAYABLE.

Section 120 of title 23, United States Code, is amended--
(1) in the first sentence of subsection (c)(1)--
(A) by inserting ``maintaining minimum levels of
retroreflectivity of highway signs or pavement markings,''
after ``traffic control signalization,'';
(B) by inserting ``shoulder and centerline rumble strips
and stripes,'' after ``pavement marking,''; and
(C) by striking ``Federal-aid systems'' and inserting
``Federal-aid programs'';
(2) by striking subsection (e) and inserting the following:
``(e) Emergency Relief.--The Federal share payable for any
repair or reconstruction provided for by funds made available
under section 125 for any project on a Federal-aid highway,
including the Interstate System, shall not exceed the Federal
share payable on a project on the system as provided in
subsections (a) and (b), except that--
``(1) the Federal share payable for eligible emergency
repairs to minimize damage, protect facilities, or restore
essential traffic accomplished within 180 days after the
actual occurrence of the natural disaster or catastrophic
failure may amount to 100 percent of the cost of the repairs;
``(2) the Federal share payable for any repair or
reconstruction of Federal land transportation facilities,
Federal land access transportation facilities, and tribal
transportation facilities may amount to 100 percent of the
cost of the repair or reconstruction;
``(3) the Secretary shall extend the time period in
paragraph (1) taking into consideration any delay in the
ability of the State to access damaged facilities to evaluate
damage and the cost of repair; and
``(4) the Federal share payable for eligible permanent
repairs to restore damaged facilities to predisaster
condition may amount to 100 percent of the cost of the
repairs if the eligible expenses incurred by the State due to
natural disasters or catastrophic failures in a Federal
fiscal year exceeds the annual apportionment of the State
under section 104 for the fiscal year in which the disasters
or failures occurred.'';
(3) by striking subsection (g) and redesignating
subsections (h) through (l) as subsections (g) through (k),
respectively;
(4) in subsection (i)(1)(A) (as redesignated by paragraph
(3)) by striking ``and the Appalachian development highway
system program under section 14501 of title 40''; and
(5) by striking subsections (j) and (k) (as redesignated by
paragraph (3)) and inserting the following:
``(j) Use of Federal Agency Funds.--Notwithstanding any
other provision of law, any Federal funds other than those
made available under this title and title 49, United States
Code, may be used to pay the non-Federal share of the cost of
any transportation project that is within, adjacent to, or
provides access to Federal land, the Federal share of which
is funded under this title or chapter 53 of title 49.
``(k) Use of Federal Land and Tribal Transportation
Funds.--Notwithstanding any other provision of law, the funds
authorized to be appropriated to carry out the tribal
transportation program under section 202 and the Federal
lands transportation program under section 203 may be used to
pay the non-Federal share of the cost of any project that is
funded under this title or chapter 53 of title 49 and that
provides access to or within Federal or tribal land.''.

SEC. 1507. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.

(a) In General.--Section 126 of title 23, United States
Code, is amended to read as follows:

``Sec.  126. Transferability of Federal-aid highway funds

``(a) In General.--Notwithstanding any other provision of
law, subject to subsection (b), a State may transfer from an
apportionment under section 104(b) not to exceed 20 percent
of the amount apportioned for the fiscal year to any other
apportionment of the State under that section.
``(b) Application to Certain Set-asides.--Funds that are
subject to sections 104(d) and 133(d) shall not be
transferred under this section. The maximum amount that a
State may transfer under this section of the State's set-
aside under section 149(l) for a fiscal year may not exceed
25 percent of (1) the amount of such set-aside, less (2) the
amount of the State's set-aside under section 133(d)(2), as
in effect on the day before the date of enactment of the MAP-
21, for fiscal year 1997.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 126 and inserting the following:

``126. Transferability of Federal-aid highway funds.''.

SEC. 1508. SPECIAL PERMITS DURING PERIODS OF NATIONAL
EMERGENCY.

Section 127 of title 23, United States Code, is amended by
inserting at the end the following:
``(i) Special Permits During Periods of National
Emergency.--
``(1) In general.--Notwithstanding any other provision of
this section, a State may issue special permits during an
emergency to overweight vehicles and loads that can easily be
dismantled or divided if--
``(A) the President has declared the emergency to be a
major disaster under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
``(B) the permits are issued in accordance with State law;
and
``(C) the permits are issued exclusively to vehicles and
loads that are delivering relief supplies.
``(2) Expiration.--A permit issued under paragraph (1)
shall expire not later than 120 days after the date of the
declaration of emergency under subparagraph (A) of that
paragraph.''.

SEC. 1509. ELECTRIC VEHICLE CHARGING STATIONS.

(a) Fringe and Corridor Parking Facilities.--Section 137 of
title 23, United States Code, is amended--
(1) in subsection (a) by inserting after the second
sentence the following: ``The addition of electric vehicle
charging stations to new or previously funded parking
facilities shall be eligible for funding under this
section.''; and
(2) in subsection (f)(1)--
(A) by striking ``104(b)(4)'' and inserting ``104(b)(1)'';
and
(B) by inserting ``including the addition of electric
vehicle charging stations,'' after ``new facilities,''.
(b) Public Transportation .--Section 142(a)(1) of title 23,
United States Code, is amended by inserting ``(which may
include

[[Page S1257]]

electric vehicle charging stations)'' after ``corridor
parking facilities''.

SEC. 1510. HOV FACILITIES.

Section 166 of title 23, United States Code, is amended--
(1) in subsection (b)(5)--
(A) in subparagraph (A) by striking ``Before September 30,
2009, the'' and inserting ``The''; and
(B) in subparagraph (B) by striking ``Before September 30,
2009, the'' and inserting ``The''; and
(2) in subsection (d)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``in a fiscal year shall certify'' and
inserting ``shall submit to the Secretary a report
demonstrating that the facility is not already degraded, and
that the presence of the vehicles will not cause the facility
to become degraded, and certify''; and
(ii) by striking ``in the fiscal year'';
(B) in subparagraph (A) by inserting ``and submitting to
the Secretary annual reports of those impacts'' after
``adjacent highways'';
(C) in subparagraph (C) by striking ``if the presence of
the vehicles has degraded the operation of the facility'' and
inserting ``whenever the operation of the facility is
degraded''; and
(D) by adding at the end the following:
``(D) Maintenance of operating performance.--A facility
that has become degraded shall be brought back into
compliance with the minimum average operating speed
performance standard by not later than 180 days after the
date on which the degradation is identified through changes
to operation, including the following:
``(i) Increase the occupancy requirement for HOVs.
``(ii) Increase the toll charged for vehicles allowed under
subsection (b) to reduce demand.
``(iii) Charge tolls to any class of vehicle allowed under
subsection (b) that is not already subject to a toll.
``(iv) Limit or discontinue allowing vehicles under
subsection (b).
``(v) Increase the available capacity of the HOV facility.
``(E) Compliance.--If the State fails to bring a facility
into compliance under subparagraph (D), the Secretary shall
subject the State to appropriate program sanctions under
section 1.36 of title 23, Code of Federal Regulations (or
successor regulations), until the performance is no longer
degraded.''.

SEC. 1511. CONSTRUCTION EQUIPMENT AND VEHICLES.

(a) In General.--Chapter 3 of title 23, United States Code,
is amended by adding at the end the following:

``SEC. 330. CONSTRUCTION EQUIPMENT AND VEHICLES.

``(a) In General.--In accordance with the obligation
process established pursuant to section 149(j)(4), a State
shall expend amounts required to be obligated for this
section to install diesel emission control technology on
covered equipment, with an engine that does not meet current
model year new engine standards for particulate matter for
the applicable engine power group issued by the Environmental
Protection Agency, on a covered highway construction project
within a PM<inf>2.5</inf> nonattainment or maintenance area.
Covered equipment repowered or retrofit with diesel exhaust
control technology installed during the 6-year period ending
on the date on which the prime contract was awarded for the
covered highway construction project and equipment that meets
the Environmental Protection Agency Tier 4 emission standards
may be exempt from the requirements of this section.
``(b) Definitions.--In this section, the following
definitions apply:
``(1) Covered equipment.--The term `covered equipment'
means any nonroad diesel equipment or on-road diesel
equipment that is operated on a covered highway construction
project for not less than 80 hours over the life of the
project.
``(2) Covered highway construction project.--
``(A) In general.--The term `covered highway construction
project' means a highway construction project carried out
under this title or any other Federal law which is funded in
whole or in part with Federal funds.
``(B) Exclusions.--Any project with a total budgeted cost
not to exceed $5,000,000 may be excluded from the
requirements of this section by an applicable State or
metropolitan planning organization.
``(3) Diesel emission control technology.--The term `diesel
emission control technology' means a technology that--
``(A) is--
``(i) a diesel exhaust control technology;
``(ii) a diesel engine upgrade;
``(iii) a diesel engine repower;
``(iv) an idle reduction control technology; or
``(v) any combination of the technologies listed in clauses
(i) through (iv);
``(B) reduces particulate matter emission from covered
equipment by--
``(i) not less than 85 percent control of any emission of
particulate matter; or
``(ii) the maximum achievable reduction of any emission of
particulate matter, taking cost and safety into account; and
``(C) is installed on and operated with the covered
equipment while the equipment is operated on a covered
highway construction project and that remains operational on
the covered equipment for the useful life of the control
technology or equipment.
``(4) Eligible entity.--The term `eligible entity' means an
entity (including a subcontractor of the entity) that has
entered into a prime contract or agreement with a State to
carry out a covered highway construction project.
``(5) Nonroad diesel equipment.--
``(A) In general.--The term `nonroad diesel equipment'
means a vehicle, including covered equipment, that is--
``(i) powered by a nonroad diesel engine of not less than
50 horsepower; and
``(ii) not intended for highway use.
``(B) Inclusions.--The term `nonroad diesel equipment'
includes a backhoe, bulldozer, compressor, crane, excavator,
generator, and similar equipment.
``(C) Exclusions.--The term `nonroad diesel equipment' does
not include a locomotive or marine vessel.
``(6) On-road diesel equipment.--The term `on-road diesel
equipment' means any self-propelled vehicle that--
``(A) operates on diesel fuel;
``(B) is designed to transport persons or property on a
street or highway; and
``(C) has a gross vehicle weight rating of at least 14,000
pounds.
``(7) PM<inf>2.5</inf> nonattainment or maintenance area.--
The term `PM<inf>2.5</inf> nonattainment or maintenance area'
means a nonattainment or maintenance area designated under
section 107(d)(6) of the Clean Air Act (42 U.S.C.
7407(d)(6)).
``(c) Criteria Eligible Activities.--For purposes of
subsection (b)(3)(A):
``(1) Diesel exhaust control technology.--For a diesel
exhaust control technology, the technology shall be--
``(A) installed on a diesel engine or vehicle;
``(B) a verified technology (as defined in section 791 of
the Energy Policy Act of 2005 (42 U.S.C. 16131)), for nonroad
vehicles and nonroad engines (as defined in section 216 of
the Clean Air Act (42 U.S.C. 7550)); and
``(C) certified by the installer as having been installed
in accordance with the specifications included on the list
published pursuant to section 149(f)(2), as in effect on the
day before the date of enactment of the MAP-21, for achieving
a reduction in particulate matter.
``(2) Diesel engine upgrade.--For a diesel engine upgrade,
the upgrade shall be performed on an engine that is--
``(A) rebuilt using new or manufactured components that
collectively qualify as verified technologies (as defined in
section 791 of the Energy Policy Act of 2005 (42 U.S.C.
16131)), for nonroad vehicles and nonroad engines (as defined
in section 216 of the Clean Air Act (42 U.S.C. 7550)); and
``(B) certified by the installer to have been installed in
accordance with the specifications included on the list
published pursuant to section 149(f)(2), as in effect on the
day before the date of enactment of the MAP-21, for achieving
a reduction in particulate matter.
``(3) Diesel engine repower.--For a diesel engine repower,
the repower shall be conducted using a new or remanufactured
diesel engine that is--
``(A) installed as a replacement for an engine used in the
existing equipment, subject to the condition that the
replaced engine is returned to the supplier for
remanufacturing to a more stringent set of engine emissions
standards or for use as scrap; and
``(B) meeting a more stringent engine particulate matter
emission standard for the applicable engine power group
established by the Environmental Protection Agency than the
engine particulate matter emission standard applicable to the
replaced engine.
``(4) Idle reduction control technology.--For an idle
reduction control technology, the technology shall be--
``(A) installed on a diesel engine or vehicle;
``(B) a verified technology (as defined in section 791 of
the Energy Policy Act of 2005 (42 U.S.C. 16131)), for nonroad
vehicles and nonroad engines (as defined in section 216 of
the Clean Air Act (42 U.S.C. 7550)); and
``(C) certified by the installer as having been installed
in accordance with the specifications included on the list
published pursuant to section 149(f)(2), as in effect on the
day before the date of enactment of the MAP-21, for achieving
a reduction in particulate matter.
``(d) Eligibility for Credits.--
``(1) In general.--A State may take credit in a State
implementation plan for national ambient air quality
standards for any emission reductions that result from the
implementation of this section.
``(2) Crediting.--An emission reduction described in
paragraph (1) may be credited toward demonstrating conformity
of State implementation plans and transportation plans.''.
(b) Savings Clause.--Nothing in this section modifies or
otherwise affects any authority or restrictions established
under the Clean Air Act (42 U.S.C. 7401 et seq.).
(c) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that
describes the manners in which section 330 of title 23,
United States Code (as added by subsection (a)) has been
implemented, including the quantity of covered equipment
serviced under those sections and the costs associated with
servicing the covered equipment.
(2) Information from states.--The Secretary shall require
States and recipients, as

[[Page S1258]]

a condition of receiving amounts under this Act or under the
provisions of any amendments made by this Act, to submit to
the Secretary any information that the Secretary determines
necessary to complete the report under paragraph (1).
(d) Technical Amendment.--The analysis for chapter 3 of
title 23, United States Code, is amended by adding at the end
the following:

``330. Construction equipment and vehicles.''.

SEC. 1512. USE OF DEBRIS FROM DEMOLISHED BRIDGES AND
OVERPASSES.

Section 1805(a) of the SAFETEA LU (23 U.S.C. 144 note; 119
Stat. 1459) is amended by striking ``highway bridge
replacement and rehabilitation program under section 144''
and inserting ``national highway performance program under
section 119''.

SEC. 1513. EXTENSION OF PUBLIC TRANSIT VEHICLE EXEMPTION FROM
AXLE WEIGHT RESTRICTIONS.

Section 1023(h) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law 102
388) is amended--
(1) in the heading of paragraph (1) by striking ``Temporary
exemption'' and inserting ``Exemption'';
(2) in paragraph (1) by striking ``, for the period
beginning on October 6, 1992, and ending on October 1,
2009,''; and
(3) in paragraph (2)(A) by striking ``For the period
beginning on the date of enactment of this subparagraph and
ending on September 30, 2009, a'' and inserting ``A''.

SEC. 1514. UNIFORM RELOCATION ASSISTANCE ACT AMENDMENTS.

(a) Moving and Related Expenses.--Section 202 of the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4622) is amended--
(1) in subsection (a)(4) by striking ``$10,000'' and
inserting ``$25,000, as adjusted by regulation, in accordance
with section 213(d)''; and
(2) in the second sentence of subsection (c) by striking
``$20,000'' and inserting ``$40,000, as adjusted by
regulation, in accordance with section 213(d)''.
(b) Replacement Housing for Homeowners.--The first sentence
of section 203(a)(1) of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4623(a)(1)) is amended--
(1) by striking ``$22,500'' and inserting ``$31,000, as
adjusted by regulation, in accordance with 213(d),''; and
(2) by striking ``one hundred and eighty days prior to''
and inserting ``90 days before''.
(c) Replacement Housing for Tenants and Certain Others.--
Section 204 of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. 4624) is
amended--
(1) in the second sentence of subsection (a) by striking
``$5,250'' and inserting ``$7,200, as adjusted by regulation,
in accordance with section 213(d)''; and
(2) in the second sentence of subsection (b) by striking
``, except'' and all that follows through the end of the
subsection and inserting a period.
(d) Duties of Lead Agency.--Section 213 of the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4633) is amended--
(1) in subsection (b)--
(A) in paragraph (2) by striking ``and'' at the end;
(B) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) that each Federal agency that has programs or
projects requiring the acquisition of real property or
causing a displacement from real property subject to the
provisions of this Act shall provide to the lead agency an
annual summary report the describes the activities conducted
by the Federal agency.''; and
(2) by adding at the end the following:
``(d) Adjustment of Payments.--The head of the lead agency
may adjust, by regulation, the amounts of relocation payments
provided under sections 202(a)(4), 202(c), 203(a), and 204(a)
if the head of the lead agency determines that cost of
living, inflation, or other factors indicate that the
payments should be adjusted to meet the policy objectives of
this Act.''.
(e) Agency Coordination.--Title II of the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 is amended by inserting after section 213 (42
U.S.C. 4633) the following:

``SEC. 214. AGENCY COORDINATION.

``(a) Agency Capacity.--Each Federal agency responsible for
funding or carrying out relocation and acquisition activities
shall have adequately trained personnel and such other
resources as are necessary to manage and oversee the
relocation and acquisition program of the Federal agency in
accordance with this Act.
``(b) Interagency Agreements.--Not later than 1 year after
the date of enactment of this section, each Federal agency
responsible for funding relocation and acquisition activities
(other than the agency serving as the lead agency) shall
enter into a memorandum of understanding with the lead agency
that--
``(1) provides for periodic training of the personnel of
the Federal agency, which in the case of a Federal agency
that provides Federal financial assistance, may include
personnel of any displacing agency that receives Federal
financial assistance;
``(2) addresses ways in which the lead agency may provide
assistance and coordination to the Federal agency relating to
compliance with the Act on a program or project basis; and
``(3) addresses the funding of the training, assistance,
and coordination activities provided by the lead agency, in
accordance with subsection (c).
``(c) Interagency Payments.--
``(1) In general.--For the fiscal year that begins 1 year
after the date of enactment of this section, and each fiscal
year thereafter, each Federal agency responsible for funding
relocation and acquisition activities (other than the agency
serving as the lead agency) shall transfer to the lead agency
for the fiscal year, such funds as are necessary, but not
less than $35,000, to support the training, assistance, and
coordination activities of the lead agency described in
subsection (b).
``(2) Included costs.--The cost to a Federal agency of
providing the funds described in paragraph (1) shall be
included as part of the cost of 1 or more programs or
projects undertaken by the Federal agency or with Federal
financial assistance that result in the displacement of
persons or the acquisition of real property.''.
(f) Cooperation With Federal Agencies.--Section 308 of
title 23, United States Code, is amended by striking
subsection (a) and inserting the following:
``(a) Authorized Activities.--
``(1) In general.--The Secretary may perform, by contract
or otherwise, authorized engineering or other services in
connection with the survey, construction, maintenance, or
improvement of highways for other Federal agencies,
cooperating foreign countries, and State cooperating
agencies.
``(2) Inclusions.--Services authorized under paragraph (1)
may include activities authorized under section 214 of the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970.
``(3) Reimbursement.--Reimbursement for services carried
out under this subsection (including depreciation on
engineering and road-building equipment) shall be credited to
the applicable appropriation.''.
(g) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of enactment of this Act.
(2) Exception.--The amendments made by subsections (a)
through (c) shall take effect 2 years after the date of
enactment of this Act.

SEC. 1515. USE OF YOUTH SERVICE AND CONSERVATION CORPS.

(a) In General.--The Secretary shall encourage the States
and regional transportation planning agencies to enter into
contracts and cooperative agreements with qualified youth
service or conservation corps, as defined in sections
122(a)(2) of Public Law 101 610 (42 U.S.C. 12572(a)(2)) and
106(c)(3) of Public Law 103 82 (42 U.S.C. 12656(c)(3)) to
perform--
(1) appropriate projects eligible under sections 162, 206,
and 217 of title 23, United States Code;
(2) appropriate transportation enhancement activities, as
defined under section 101(a) of such title;
(3) appropriate byway, trail, or bicycle and pedestrian
projects under sections 202, 203, and 204 of such title; and
(4) appropriate safe routes to school projects under
section 1404 of the SAFETEA LU (119 Stat. 1228).
(b) Requirements.--Under any contract or cooperative
agreement entered into with a qualified youth service or
conservation corps under this section, the Secretary shall--
(1) set the amount of a living allowance or rate of pay for
each participant in such corps at--
(A) such amount or rate as required under State law in a
State with such requirements; or
(B) for corps in States not described in subparagraph (A),
at such amount or rate as determined by the Secretary, not to
exceed the maximum living allowance authorized by section 140
of Public Law 101 610 (42 U.S.C. 12594); and
(2) not subject such corps to the requirements of section
112 of title 23, United States Code.

SEC. 1516. CONSOLIDATION OF PROGRAMS; REPEAL OF OBSOLETE
PROVISIONS.

(a) Consolidation of Programs.--From administrative funds
made available under section 104(a) of title 23, United
States Code, not less than $15,000,000 for each of fiscal
years 2012 and 2013 shall be made available for the following
activities:
(1) To carry out the operation lifesaver program--
(A) to provide public information and education programs to
help prevent and reduce motor vehicle accidents, injuries,
and fatalities; and
(B) to improve driver performance at railway-highway
crossings.
(2) To operate the national work zone safety information
clearinghouse authorized by section 358(b)(2) of the National
Highway System Designation Act of 1995 (23 U.S.C. 401 note;
109 Stat. 625)
(3) To operate a public road safety clearinghouse in
accordance with section 1411(a) of the SAFETEA LU (23 U.S.C.
402 note; 119 Stat. 1234).
(4) To operate a bicycle and pedestrian safety
clearinghouse in accordance with section 1411(b) of the
SAFETEA LU (23 U.S.C. 402 note; 119 Stat. 1234).

[[Page S1259]]

(5) To operate a national safe routes to school
clearinghouse in accordance with section 1404(g) of the
SAFETEA LU (23 U.S.C. 402 note; 119 Stat. 1229).
(6) To provide work zone safety grants in accordance with
subsections (a) and (b) of section 1409 of the SAFETEA LU (23
U.S.C. 401 note; 119 Stat. 1232).
(7) To provide grants to prohibit racial profiling in
accordance with section 1906 of the SAFETEA-LU (23 U.S.C. 402
note; 119 Stat. 1468).
(b) Repeals.--Sections 105, 110, 117, 124, 147, 151, 155,
160, and 303 of title 23, United States Code, are repealed.
(c) Conforming Amendments.--
(1) Title analysis.--The analysis for title 23, United
States Code, is amended by striking the items relating to
sections 105, 110, 117, 124, 147, 151, 155, 160, and 303 of
that title.
(2) Section 118.--Section 118 of such title is amended--
(A) in subsection (b)--
(i) by striking paragraph (1) and all that follows through
the heading of paragraph (2); and
(ii) by striking ``(other than for Interstate
construction)'';
(B) by striking subsection (c); and
(C) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(3) Section 130.--Section 130 of such title is amended--
(A) by striking subsections (e) through (h);
(B) by redesignating subsection (i) as subsection (e);
(C) by striking subsections (j) and (k);
(D) by redesignating subsection (l) as subsection (f);
(E) in subsection (e) (as so redesignated) by striking
``this section''the second place it appears and inserting
``section 104(b)(3)''; and
(F) in subsection (f) (as so redesignated) by striking
paragraphs (3) and (4).
(4) Section 142.--Section 142 of title 23, United States
Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1)--

(I) by striking ``motor vehicles (other than rail)'' and
inserting ``buses'';
(II) by striking ``(hereafter in this section referred to
as `buses')'';
(III) by striking ``Federal-aid systems'' and inserting
``Federal-aid highways''; and
(IV) by striking ``Federal-aid system'' and inserting
``Federal-aid highway''; and

(ii) in paragraph (2)--

(I) by striking ``as a project on the the surface
transportation program for''; and
(II) by striking ``section 104(b)(3)'' and inserting
``section 104(b)(2);

(B) in subsection (b) by striking ``104(b)(4)'' and
inserting ``104(b)(1)'';
(C) in subsection (c)--
(i) by striking ``system'' in each place it appears and
inserting ``highway''; and
(ii) by striking ``highway facilities'' and inserting
``highways eligible under the program that is the source of
the funds'';
(D) in subsection (e)(2)--
(i) by striking ``Notwithstanding section 209(f)(1) of the
Highway Revenue Act of 1956, the Highway Trust Fund shall be
available for making expenditures to meet obligations
resulting from projects authorized by subsection (a)(2) of
this section and such projects'' and inserting ``Projects
authorized by subsection (a)(2)''; and
(ii) striking ``on the surface transportation program'' and
inserting ``under the transportation mobility program''; and
(E) in subsection (f) by striking ``exits'' and inserting
``exists''.
(5) Section 145.--Section 145(b) of title 23, United States
Code, is amended by striking ``section 117 of this title,''.
(6) Section 322.--Section 322(h)(3) of title 23, United
States Code, is amended by striking ``surface transportation
program'' and inserting ``the transportation mobility
program''.
(d) Certain Allocations.--Notwithstanding any other
provision of law, any unobligated balances of amounts
required to be allocated to a State by section 1307(d)(1) of
the SAFETEA LU (23 U.S.C. 322 note; 119 Stat. 1217; 122 Stat.
1577) shall instead be made available to such State for any
purpose eligible under section 133(c) of title 23, United
States Code.

SEC. 1517. RESCISSIONS.

(a) Fiscal Year 2012.--
(1) Not later than 30 days after the date of enactment of
this Act, of the unobligated balances available under
sections 144(f) and 320 of title 23, United States Code,
section 147 of Public Law 95 599 (23 U.S.C. 144 note; 92
Stat. 2714), section 9(c) of Public Law 97 134 (95 Stat.
1702), section 149 of Public Law 100 17 (101 Stat. 181),
sections 1006, 1069, 1103, 1104, 1105, 1106, 1107, 1108,
6005, 6015, and 6023 of Public Law 102 240 (105 Stat. 1914),
section 1602 of Public Law 105 178 (112 Stat. 256), sections
1301, 1302, 1702, and 1934 of Public Law 109 59 (119 Stat.
1144), and of other funds apportioned to each State under
chapter 1 of title 23, United States Code, prior to the date
of enactment of this Act, $2,391,000,000 are permanently
rescinded.
(2) In administering the rescission required under this
subsection, the Secretary shall allow each State to determine
the amount of the required rescission to be drawn from the
programs to which the rescission applies.
(b) Fiscal Year 2013.--
(1) On October 1, 2012, of the unobligated balances of
funds apportioned or allocated on or before that date to each
State under chapter 1 of title 23, United States Code,
$3,054,000,000 are permanently rescinded.
(2) Notwithstanding section 1132 of the Energy Independence
and Security Act of 2007 (Public Law 110 140; 121 Stat.
1763), in administering the rescission required under this
subsection, the Secretary shall allow each State to determine
the amount of the required rescission to be drawn from the
programs to which the rescission applies.

SEC. 1518. STATE AUTONOMY FOR CULVERT PIPE SELECTION.

Not later than 180 days after the date of enactment of this
Act, the Secretary shall modify section 635.411 of title 23,
Code of Federal Regulations (as in effect on the date of
enactment of this Act), to ensure that States shall have the
autonomy to determine culvert and storm sewer material types
to be included in the construction of a project on a Federal-
aid highway.

SEC. 1519. EFFECTIVE AND SIGNIFICANT PERFORMANCE MEASURES.

(a) Limited Number of Performance Measures.--In
implementing provisions of this Act (including the amendments
made by this Act) and title 23, United States Code (other
than chapter 4 of that title), that authorize the Secretary
to develop performance measures, the Secretary shall limit
the number of performance measures established to the most
significant and effective measures.
(b) Different Approaches for Urban and Rural Areas.--In the
development and implementation of any performance target, a
State may, as appropriate, provide for different performance
targets for urbanized and rural areas.

SEC. 1520. REQUIREMENTS FOR ELIGIBLE BRIDGE PROJECTS.

(a) Definitions.--In this section:
(1) Eligible bridge project.--The term ``eligible bridge
project'' means a project for construction, alteration, or
repair work on a bridge or overpass funded directly by, or
provided other assistance through, the Federal Government.
(2) Qualified training program.--The term ``qualified
training program'' means a training program that--
(A)(i) is certified by the Secretary of Labor; and
(ii) with respect to an eligible bridge project located in
an area in which the Secretary of Labor determines that a
training program does not exist, is registered with--
(I) the Department of Labor; or
(II) a State agency recognized by the Department of Labor
for purposes of a Federal training program; or
(B) is a corrosion control, mitigation and prevention
personnel training program that is offered by an organization
whose standards are recognized and adopted in other Federal
or State Departments of Transportation.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Eligibility Requirements.--
(1) In general.--Each contractor and subcontractor that
carries out any aspect of an eligible bridge project
described in paragraph (2) shall--
(A) before entering into the applicable contract, be
certified by the Secretary or a State, in accordance with
paragraph (4), as meeting the eligibility requirements
described in paragraph (3); and
(B) remain certified as described in subparagraph (A) while
carrying out the applicable aspect of the eligible bridge
project.
(2) Description of aspects of eligible bridge projects.--An
aspect of an eligible bridge project referred to in paragraph
(1) is--
(A) surface preparation or coating application on bridge
steel of an eligible bridge project;
(B) removal of a lead-based or other hazardous coating from
bridge steel of an existing eligible bridge project;
(C) shop painting of structural steel fabricated for
installation on bridge steel of an eligible bridge project;
and
(D) the design, application, installation, and maintenance
of a cathodic protection system.
(3) Requirements.--The eligibility requirements referred to
in paragraph (1) are that a contractor or subcontractor
shall--
(A) as determined by the Secretary--
(i) use corrosion mitigation and prevention methods to
preserve relevant bridges and overpasses, taking into
account--

(I) material selection;
(II) coating considerations;
(III) cathodic protection considerations;
(IV) design considerations for corrosion; and
(V) trained applicators;

(ii) use best practices--

(I) to prevent environmental degradation; and
(II) to ensure careful handling of all hazardous materials;
and

(iii) demonstrate a history of employing industry-respected
inspectors to ensure funds are used in the interest of
affected taxpayers; and
(B) demonstrate a history of compliance with applicable
requirements of the Occupational Safety and Health
Administration, as determined by the Secretary of Labor.
(4) State consultation.--In determining whether to certify
a contractor or subcontractor under paragraph (1)(A), a State
shall consult with engineers and other experts trained in
accordance with subsection (a)(2) specializing in corrosion
control, mitigation, and prevention methods.
(c) Optional Training Program.--As a condition of entering
into a contract for an eligible bridge project, each
contractor and subcontractor that performs construction,
alteration, or repair work on a bridge or

[[Page S1260]]

overpass for the eligible bridge project may provide, or make
available, training, through a qualified training program,
for each applicable craft or trade classification of
employees that the contractor or subcontractor intends to
employ to carry out aspects of eligible bridge projects as
described in subsection (b)(2).

SEC. 1521. IDLE REDUCTION TECHNOLOGY.

Section 127(a)(12) of title 23, United States Code, is
amended--
(1) in subparagraph (B), by striking ``400'' and inserting
``550''; and
(2) in subparagraph (C)(ii), by striking ``400-pound'' and
inserting ``550-pound''.

SEC. 1522. REPORT ON HIGHWAY TRUST FUND EXPENDITURES.

(a) Initial Report.--Not later than 150 days after the date
of enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report describing
the activities funded from the Highway Trust Fund during each
of fiscal years 2009 through 2011, including for purposes
other than construction and maintenance of highways and
bridges.
(b) Updates.--Not later than 5 years after the date on
which the report is submitted under subsection (a) and every
5 years thereafter, the Comptroller General of the United
States shall submit to Congress a report that updates the
information provided in the report under that subsection for
the applicable 5-year period.
(c) Inclusions.--A report submitted under subsection (a) or
(b) shall include information similar to the information
included in the report of the Government Accountability
Office numbered ``GAO-09-729R'' and entitled ``Highway Trust
Fund Expenditures on Purposes Other Than Construction and
Maintenance of Highways and Bridges During Fiscal Years 2004-
2008''.

SEC. 1523. EVACUATION ROUTES.

Each State shall give adequate consideration to the needs
of evacuation routes in the State, including such routes
serving or adjacent to facilities operated by the Armed
Forces, when allocating funds apportioned to the State under
title 23, United States Code, for the construction of
Federal-aid highways.

SEC. 1524. DEFENSE ACCESS ROAD PROGRAM ENHANCEMENTS TO
ADDRESS TRANSPORTATION INFRASTRUCTURE IN THE
VICINITY OF MILITARY INSTALLATIONS.

The second sentence of section 210(a)(2) of title 23,
United States Code, is amended by inserting ``, in
consultation with the Secretary of Transportation,'' before
``shall determine''.

SEC. 1525. EXPRESS LANES DEMONSTRATION PROGRAM.

Section 1604(b) of the SAFETEA LU (23 U.S.C. 129 note;
Public Law 109 59) is amended--
(1) in paragraph (1)(A)--
(A) in clause (ii), by inserting ``and'' after the
semicolon;
(B) by striking clause (iii); and
(C) by redesignating clause (iv) as clause (iii); and
(2) in paragraph (2), by striking ``2009'' and inserting
``2013''.

SEC. 1526. TREATMENT OF HISTORIC SIGNS.

The Secretary shall, not later than 180 days after the date
of enactment of this Act, initiate a rulemaking to exempt
locally identified historic street name signs or replicas of
historic signs from complying with all or part of section
2D.43 of the Manual on Uniform Traffic Control Devices.

SEC. 1527. CONSOLIDATION OF GRANTS.

(a) Definitions.--In this section, the term ``recipient''
means--
(1) a State, local, or tribal government, including--
(A) a territory of the United States;
(B) a transit agency;
(C) a port authority;
(D) a metropolitan planning organization; or
(E) any other political subdivision of a State or local
government;
(2) a multistate or multijurisdictional group, if each
member of the group is an entity described in paragraph (1);
and
(3) a public-private partnership, if both parties are
engaged in building the project.
(b) Consolidation.--
(1) In general.--A recipient that receives multiple grant
awards from the Department to support 1 multimodal project
may request that the Secretary designate 1 modal
administration in the Department to be the lead administering
authority for the overall project.
(2) New starts.--Any project that includes funds awarded
under section 5309 of title 49, United States Code, shall be
exempt from consolidation under this section unless the grant
recipient requests the Federal Transit Administration to be
the lead administering authority.
(3) Review.--
(A) In general.--Not later than 30 days after the date on
which a request under paragraph (1) is made, the Secretary
shall review the request and approve or deny the designation
of a single modal administration as the lead administering
authority and point of contact for the Department.
(B) Notification.--
(i) In general.--The Secretary shall notify the requestor
of the decision of the Secretary under subparagraph (A) in
such form and at such time as the Secretary and the requestor
agree.
(ii) Denial.--If a request is denied, the Secretary shall
provide the requestor with a detailed explanation of the
reasoning of the Secretary with the notification under clause
(i).
(c) Duties.--
(1) In general.--A modal administration designated as a
lead administering authority under this section shall--
(A) be responsible for leading and coordinating the
integrated project management team, which shall consist of
all of the other modal administrations in the Department
relating to the multimodal project; and
(B) to the extent feasible during the first 30 days of
carrying out the multimodal project, identify overlapping or
duplicative regulatory requirements that exist for the
project and propose a single, streamlined approach to meeting
all of the applicable regulatory requirements through the
activities described in subsection (d).
(2) Administration.--
(A) In general.--The Secretary shall transfer all amounts
that have been awarded for the multimodal project to the
modal administration designated as the lead administering
authority.
(B) Option.--
(i) In general.--Participation under this section shall be
optional for recipients, and no recipient shall be required
to participate.
(ii) Secretarial duties.--The Secretary is not required to
identify every recipient that may be eligible to participate
under this section.
(d) Cooperation.--
(1) In general.--The Secretary and modal administrations
with relevant jurisdiction over a multimodal project should
cooperate on project review and delivery activities at the
earliest practicable time.
(2) Purposes.--The purposes of the cooperation under
paragraph (1) are--
(A) to avoid delays and duplication of effort later in the
process;
(B) to prevent potential conflicts; and
(C) to ensure that planning and project development
decisions are made in a streamlined manner and consistent
with applicable law.
(e) Applicability.--Nothing in this section shall--
(1) supersede, amend, or modify the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other
Federal environmental law; or
(2) affect the responsibility of any Federal officer to
comply with or enforce any law described in paragraph (1).

TITLE II--RESEARCH AND EDUCATION

Subtitle A--Funding

SEC. 2101. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) Highway research and development program.--To carry out
sections 503(b), 503(d), and 509 of title 23, United States
Code, $90,000,000 for each of fiscal years 2012 and 2013.
(2) Technology and innovation deployment program.--To carry
out section 503(c) of title 23, United States Code,
$90,000,000 for each of fiscal years 2012 and 2013.
(3) Training and education.--To carry out section 504 of
title 23, United States Code, $24,000,000 for each of fiscal
years 2012 and 2013.
(4) Intelligent transportation systems program.--To carry
out sections 512 through 518 of title 23, United States Code,
$100,000,000 for each of fiscal years 2012 and 2013.
(5) University transportation centers program.--To carry
out section 5505 of title 49, United States Code, $70,000,000
for each of fiscal years 2012 and 2013.
(6) Bureau of transportation statistics.--To carry out
chapter 65 of title 49, United States Code, $26,000,000 for
each of fiscal years 2012 and 2013.
(b) Applicability of Title 23, United States Code.--Funds
authorized to be appropriated by subsection (a) shall--
(1) be available for obligation in the same manner as if
those funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share of the cost
of a project or activity carried out using those funds shall
be 80 percent, unless otherwise expressly provided by this
Act (including the amendments by this Act) or otherwise
determined by the Secretary; and
(2) remain available until expended and not be
transferable.

Subtitle B--Research, Technology, and Education

SEC. 2201. RESEARCH, TECHNOLOGY, AND EDUCATION.

Section 501 of title 23, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (8);
(2) by inserting after paragraph (1) the following:
``(2) Incident.--The term `incident' means a crash, natural
disaster, workzone activity, special event, or other
emergency road user occurrence that adversely affects or
impedes the normal flow of traffic.
``(3) Innovation lifecycle.--The term `innovation
lifecycle' means the process of innovating through--
``(A) the identification of a need;
``(B) the establishment of the scope of research to address
that need;
``(C) setting an agenda;
``(D) carrying out research, development, deployment, and
testing of the resulting technology or innovation; and
``(E) carrying out an evaluation of the impact of the
resulting technology or innovation.

[[Page S1261]]

``(4) Intelligent transportation infrastructure.--The term
`intelligent transportation infrastructure' means fully
integrated public sector intelligent transportation system
components, as defined by the Secretary.
``(5) Intelligent transportation system.--The terms
`intelligent transportation system' and `ITS' mean
electronics, photonics, communications, or information
processing used singly or in combination to improve the
efficiency or safety of a surface transportation system.
``(6) National architecture.--For purposes of this chapter,
the term `national architecture' means the common framework
for interoperability that defines--
``(A) the functions associated with intelligent
transportation system user services;
``(B) the physical entities or subsystems within which the
functions reside;
``(C) the data interfaces and information flows between
physical subsystems; and
``(D) the communications requirements associated with the
information flows.
``(7) Project.--The term `project' means an undertaking to
research, develop, or operationally test intelligent
transportation systems or any other undertaking eligible for
assistance under this chapter.''; and
(3) by inserting after paragraph (8) (as so redesignated)
the following:
``(9) Standard.--The term `standard' means a document
that--
``(A) contains technical specifications or other precise
criteria for intelligent transportation systems that are to
be used consistently as rules, guidelines, or definitions of
characteristics so as to ensure that materials, products,
processes, and services are fit for the intended purposes of
the materials, products, processes, and services; and
``(B) may support the national architecture and promote--
``(i) the widespread use and adoption of intelligent
transportation system technology as a component of the
surface transportation systems of the United States; and
``(ii) interoperability among intelligent transportation
system technologies implemented throughout the States.''.

SEC. 2202. SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, AND
TECHNOLOGY.

(a) Surface Transportation Research, Development, and
Technology.--Section 502 of title 23, United States Code, is
amended--
(1) in the section heading by inserting ``, DEVELOPMENT,
AND TECHNOLOGY'' after ``SURFACE TRANSPORTATION RESEARCH'';
(2) in subsection (a)--
(A) by redesignating paragraphs (1) through (8) as
paragraphs (2) through (9), respectively;
(B) by inserting before paragraph (2) (as redesignated by
subparagraph (A)) the following:
``(1) Applicability.--The research, development, and
technology provisions of this section shall apply throughout
this chapter.'';
(C) in paragraph (2) (as redesignated by subparagraph
(A))--
(i) by inserting ``within the innovation lifecycle'' after
``activities''; and
(ii) by inserting ``marketing and communications, impact
analysis,'' after ``training,'';
(D) in paragraph (3) (as redesignated by subparagraph
(A))--
(i) in subparagraph (B) by striking ``supports research in
which there is a clear public benefit and'' and inserting
``delivers a clear public benefit and occurs where'';
(ii) in subparagraph (C) by striking ``or'' after the
semicolon;
(iii) by redesignating subparagraph (D) as subparagraph
(H); and
(iv) by inserting after subparagraph (C) the following:
``(D) meets and addresses current or emerging needs;
``(E) presents the best means to align resources with
multiyear plans and priorities;
``(F) ensures the coordination of highway research and
technology transfer activities, including through activities
performed by university transportation centers;
``(G) educates current and future transportation
professionals; or'';
(E) in paragraph (4) (as redesignated by subparagraph (A))
by striking subparagraphs (B) through (D) and inserting the
following:
``(B) partner with State highway agencies and other
stakeholders as appropriate, including international
entities, to facilitate research and technology transfer
activities;
``(C) communicate the results of ongoing and completed
research;
``(D) lead efforts to coordinate national emphasis areas of
highway research, technology, and innovation deployment;
``(E) leverage partnerships with industry, academia, and
international entities; and
``(F) conduct, facilitate, and support training and
education of current and future transportation
professionals.'';
(F) in paragraph (5)(C) (as redesignated by subparagraph
(A)) by striking ``policy and planning'' and inserting ``all
highway objectives seeking to improve the performance of the
transportation system'';
(G) in paragraph (6) (as redesignated by subparagraph (A))
in the second sentence, by inserting ``tribal governments,''
after ``local governments,''; and
(H) in paragraph (8) (as redesignated by subparagraph
(A))--
(i) in the first sentence, by striking ``To the maximum''
and inserting the following:
``(A) In general.--To the maximum'';
(ii) in the second sentence, by striking ``Performance
measures'' and inserting the following:
``(B) Performance measures.--Performance measures'';
(iii) in the third sentence, by striking ``All
evaluations'' and inserting the following:
``(D) Availability of evaluations.--All evaluations under
this paragraph''; and
(iv) by inserting after subparagraph (B) the following:
``(C) Program plan.--To the maximum extent practicable,
each program pursued under this chapter shall be part of a
data-driven, outcome-oriented program plan.'';
(3) in subsection (b)--
(A) in paragraph (4) by striking ``surface transportation
research and technology development strategic plan developed
under section 508'' and inserting ``the transportation
research and development strategic plan of the Secretary'';
(B) in paragraph (5) by striking ``section'' each place it
appears and inserting ``chapter'';
(C) in paragraph (6) by adding at the end the following:
``(C) Transfer of amounts among states or to federal
highway administration.--The Secretary may, at the request of
a State, transfer amounts apportioned or allocated to that
State under this chapter to another State or the Federal
Highway Administration to fund research, development, and
technology transfer activities of mutual interest on a pooled
funds basis.
``(D) Transfer of obligation authority.--Obligation
authority for amounts transferred under this subsection shall
be disbursed in the same manner and for the same amount as
provided for the project being transferred.''; and
(D) by adding at the end the following:
``(7) Prize competitions.--
``(A) In general.--The Secretary may carry out prize
competitions to award competitive prizes for surface
transportation innovations that have the potential for
application to the research and technology objectives and
activities of the Federal Highway Administration to improve
system performance.
``(B) Requirements.--
``(i) In general.--The Secretary shall use a competitive
process for the selection of prize recipients and shall
widely advertise and solicit participation in prize
competitions under this paragraph.
``(ii) Registration required.--No individual or entity
shall participate in a prize competition under this paragraph
unless the individual or entity has registered with the
Secretary in accordance with the eligibility requirements
established by the Secretary under clause (iii).
``(iii) Minimum requirements.--The Secretary shall
establish eligibility requirements for participation in each
prize competition under this paragraph, which, at a minimum,
shall--

``(I) limit participation in the prize competition to--

``(aa) individuals who are citizens of the United States;
``(bb) entities organized or existing under the laws of the
United States or of a State; and
``(cc) entities organized or existing under the laws of a
foreign country, if the controlling interest, as defined by
the Secretary, is held by an individual or entity described
in item (aa) or (bb);

``(II) require any individual or entity that registers for
a prize competition--

``(aa) to assume all risks arising from participation in
the competition; and
``(bb) to waive all claims against the Federal Government
for any damages arising out of participation in the
competition, including all claims, whether through negligence
or otherwise, except in the case of willful misconduct, for--
``(AA) injury, death, damage, or loss of property; or
``(BB) loss of revenue or profits, whether direct,
indirect, or consequential; and

``(III) require any individual or entity that registers for
a prize competition to waive all claims against any non-
Federal entity operating or managing the prize competition,
such as a private contractor managing competition activities,
to the extent that the Secretary believes is necessary to
protect the interests of the Federal Government.

``(C) Relationship to other authority.--The Secretary may
exercise the authority in this section in conjunction with,
or in addition to, any other authority of the Secretary to
acquire, support, or stimulate innovations with the potential
for application to the Federal highway research technology
and education program.'';
(4) in subsection (c)--
(A) in paragraph (3)(A)--
(i) by striking ``subsection'' and inserting ``chapter'';
and
(ii) by striking ``50'' and inserting ``80''; and
(B) in paragraph (4) by striking ``subsection'' and
inserting ``chapter''; and
(5) by striking subsections (d) through (j).
(b) Conforming Amendment.--The analysis for chapter 5 of
title 23, United States Code, is amended by striking the item
relating to section 502 and inserting the following:

``502. Surface transportation research, development, and technology.''.

[[Page S1262]]

SEC. 2203. RESEARCH AND TECHNOLOGY DEVELOPMENT AND
DEPLOYMENT.

(a) In General.--Section 503 of title 23, United States
Code, is amended to read as follows:

``Sec.  503. Research and technology development and
deployment

``(a) In General.--The Secretary shall--
``(1) carry out research, development, and deployment
activities that encompass the entire innovation lifecycle;
and
``(2) ensure that all research carried out under this
section aligns with the transportation research and
development strategic plan of the Secretary.
``(b) Highway Research and Development Program.--
``(1) Objectives.--In carrying out the highway research and
development program, the Secretary, to address current and
emerging highway transportation needs, shall--
``(A) identify research topics;
``(B) coordinate domestic and international research and
development activities;
``(C) carry out research, testing, and evaluation
activities; and
``(D) provide technology transfer and technical assistance.
``(2) Contents.--Research and development activities
carried out under this section may include any of the
following activities:
``(A) Improving highway safety.--
``(i) In general.--The Secretary shall carry out research
and development activities from an integrated perspective to
establish and implement systematic measures to improve
highway safety.
``(ii) Objectives.--In carrying out this subparagraph the
Secretary shall carry out research and development
activities--

``(I) to achieve greater long-term safety gains;
``(II) to reduce the number of fatalities and serious
injuries on public roads;
``(III) to fill knowledge gaps that limit the effectiveness
of research;
``(IV) to support the development and implementation of
State strategic highway safety plans;
``(V) to advance improvements in, and use of, performance
prediction analysis for decisionmaking; and
``(VI) to expand technology transfer to partners and
stakeholders.

``(iii) Contents.--Research and technology activities
carried out under this subparagraph may include--

``(I) safety assessments and decisionmaking tools;
``(II) data collection and analysis;
``(III) crash reduction projections;
``(IV) low-cost safety countermeasures;
``(V) innovative operational improvements and designs of
roadway and roadside features;
``(VI) evaluation of countermeasure costs and benefits;
``(VII) development of tools for projecting impacts of
safety countermeasures;
``(VIII) rural road safety measures;
``(IX) safety measures for vulnerable road users, including
bicyclists and pedestrians;
``(X) safety policy studies;
``(XI) human factors studies and measures;
``(XII) safety technology deployment;
``(XIII) safety workforce professional capacity building
initiatives;
``(XIV) safety program and process improvements; and
``(XV) tools and methods to enhance safety performance,
including achievement of statewide safety performance
targets.

``(B) Improving infrastructure integrity.--
``(i) In general.--The Secretary shall carry out and
facilitate highway and bridge infrastructure research and
development activities--

``(I) to maintain infrastructure integrity;
``(II) to meet user needs; and
``(III) to link Federal transportation investments to
improvements in system performance.

``(ii) Objectives.--In carrying out this subparagraph, the
Secretary shall carry out research and development
activities--

``(I) to reduce the number of fatalities attributable to
infrastructure design characteristics and work zones;
``(II) to improve the safety and security of highway
infrastructure;
``(III) to increase the reliability of lifecycle
performance predictions used in infrastructure design,
construction, and management;
``(IV) to improve the ability of transportation agencies to
deliver projects that meet expectations for timeliness,
quality, and cost;
``(V) to reduce user delay attributable to infrastructure
system performance, maintenance, rehabilitation, and
construction;
``(VI) to improve highway condition and performance through
increased use of design, materials, construction, and
maintenance innovations;
``(VII) to reduce the lifecycle environmental impacts of
highway infrastructure through innovations in design,
construction, operation, preservation, and maintenance; and
``(VIII) to study vulnerabilities of the transportation
system to seismic activities and extreme events and methods
to reduce those vulnerabilities.

``(iii) Contents.--Research and technology activities
carried out under this subparagraph may include--

``(I) long-term infrastructure performance programs
addressing pavements, bridges, tunnels, and other structures;
``(II) short-term and accelerated studies of infrastructure
performance;
``(III) research to develop more durable infrastructure
materials and systems;
``(IV) advanced infrastructure design methods;
``(V) accelerated highway and bridge construction;
``(VI) performance-based specifications;
``(VII) construction and materials quality assurance;
``(VIII) comprehensive and integrated infrastructure asset
management;
``(IX) infrastructure safety assurance;
``(X) highway infrastructure security;
``(XI) sustainable infrastructure design and construction;
``(XII) infrastructure rehabilitation and preservation
techniques, including techniques to rehabilitate and preserve
historic infrastructure;
``(XIII) hydraulic, geotechnical, and aerodynamic aspects
of infrastructure;
``(XIV) improved highway construction technologies and
practices;
``(XV) improved tools, technologies, and models for
infrastructure management, including assessment and
monitoring of infrastructure condition;
``(XVI) studies to improve flexibility and resiliency of
infrastructure systems to withstand climate variability;
``(XVII) studies on the effectiveness of fiber-based
additives to improve the durability of surface transportation
materials in various geographic regions;
``(XVIII) studies of infrastructure resilience and other
adaptation measures;
``(XIX) maintenance of seismic research activities,
including research carried out in conjunction with other
Federal agencies to study the vulnerability of the
transportation system to seismic activity and methods to
reduce that vulnerability; and
``(XX) technology transfer and adoption of permeable,
pervious, or porous paving materials, practices, and systems
that are designed to minimize environmental impacts, storm
water runoff, and flooding and to treat or remove pollutants
by allowing storm water to infiltrate through the pavement in
a manner similar to predevelopment hydrologic conditions.

``(iv) Lifecycle costs analysis study.--

``(I) In general.--In this clause, the term `lifecycle
costs analysis' means a process for evaluating the total
economic worth of a usable project segment by analyzing
initial costs and discounted future costs, such as
maintenance, user, reconstruction, rehabilitation, restoring,
and resurfacing costs, over the life of the project segment.
``(II) Study.--The Comptroller General shall conduct a
study of the best practices for calculating lifecycle costs
for federally funded highway projects. At a minimum, this
study shall include a thorough literature review and a survey
of current lifecycle cost practices of State departments of
transportation.
``(III) Consultation.--In carrying out this study, the
Comptroller shall consult with, at a minimum--

``(aa) the American Association of State Highway and
Transportation Officials;
``(bb) appropriate experts in the field of lifecycle cost
analysis; and
``(cc) appropriate industry experts and research centers.

``(IV) Report.--Not later than 1 year after the date of
enactment of the MAP-21, the Comptroller General shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the results of
the study which shall include, but is not limited to--

``(aa) a summary of the latest research on lifecycle cost
analysis; and
``(bb) recommendations on the appropriate--
``(AA) period of analysis;
``(BB) design period;
``(CC) discount rates; and
``(DD) use of actual material life and maintenance cost
data.
``(C) Strengthening transportation planning and
environmental decisionmaking.--
``(i) In general.--The Secretary shall carry out research--

``(I) to improve transportation planning and environmental
decisionmaking processes; and
``(II) to minimize the impact of surface transportation on
the environment and quality of life.

``(ii) Objectives.--In carrying out this subparagraph the
Secretary shall carry out research and development
activities--

``(I) to reduce the impact of highway infrastructure and
operations on the natural and human environment;
``(II) to advance improvements in environmental analyses
and processes and context sensitive solutions for
transportation decisionmaking;
``(III) to improve construction techniques;
``(IV) to accelerate construction to reduce congestion and
related emissions;
``(V) to reduce the impact of highway runoff on the
environment;
``(VI) to maintain sustainability of biological communities
and ecosystems adjacent to highway corridors;
``(VII) to improve understanding and modeling of the
factors that contribute to the demand for transportation;
``(VIII) to improve transportation planning decisionmaking
and coordination; and
``(IX) to reduce the environmental impacts of freight
movement.

[[Page S1263]]

``(iii) Contents.--Research and technology activities
carried out under this subparagraph may include--

``(I) creation of models and tools for evaluating
transportation measures and transportation system designs;
``(II) congestion reduction efforts;
``(III) transportation and economic development planning in
rural areas and small communities;
``(IV) improvement of State, local, and tribal capabilities
relating to surface transportation planning and the
environment;
``(V) environmental stewardship and sustainability
activities;
``(VI) streamlining of project delivery processes;
``(VII) development of effective strategies and techniques
to analyze and minimize impacts to the natural and human
environment and provide environmentally beneficial
mitigation;
``(VIII) comprehensive multinational planning;
``(IX) multistate transportation corridor planning;
``(X) improvement of transportation choices, including
walking, bicycling, and linkages to public transportation;
``(XI) ecosystem sustainability;
``(XII) wildlife and plant population connectivity and
interaction across and along highway corridors;
``(XIII) analysis, measurement, and reduction of air
pollution from transportation sources;
``(XIV) advancement in the understanding of health impact
analyses in transportation planning and project development;
``(XV) transportation planning professional development;
``(XVI) research on improving the cooperation and
integration of transportation planning with other regional
plans, including land use, energy, water infrastructure,
economic development, and housing plans; and
``(XVII) reducing the environmental impacts of freight
movement.

``(D) Reducing congestion, improving highway operations,
and enhancing freight productivity.--
``(i) In general.--The Secretary shall carry out research
under this subparagraph with the goals of--

``(I) addressing congestion problems;
``(II) reducing the costs of congestion;
``(III) improving freight movement;
``(IV) increasing productivity; and
``(V) improving the economic competitiveness of the United
States.

``(ii) Objectives.--In carrying out this subparagraph, the
Secretary shall carry out research and development activities
to identify, develop, and assess innovations that have the
potential--

``(I) to reduce traffic congestion;
``(II) to improve freight movement; and
``(III) to reduce freight-related congestion throughout the
transportation network.

``(iii) Contents.--Research and technology activities
carried out under this subparagraph may include--

``(I) active traffic and demand management;
``(II) acceleration of the implementation of Intelligent
Transportation Systems technology;
``(III) advanced transportation concepts and analysis;
``(IV) arterial management and traffic signal operation;
``(V) congestion pricing;
``(VI) corridor management;
``(VII) emergency operations;
``(VIII) research relating to enabling technologies and
applications;
``(IX) freeway management;
``(X) evaluation of enabling technologies;
``(XI) freight industry professional development;
``(XII) impacts of vehicle size and weight on congestion;
``(XIII) freight operations and technology;
``(XIV) operations and freight performance measurement and
management;
``(XV) organization and planning for operations;
``(XVI) planned special events management;
``(XVII) real-time transportation information;
``(XVIII) road weather management;
``(XIX) traffic and freight data and analysis tools;
``(XX) traffic control devices;
``(XXI) traffic incident management;
``(XXII) work zone management;
``(XXIII) communication of travel, roadway, and emergency
information to persons with disabilities; and
``(XXIV) research on enhanced mode choice and intermodal
connectivity.

``(E) Assessing policy and system financing alternatives.--
``(i) In general.--The Secretary shall carry out research
and technology on emerging issues in the domestic and
international transportation community from a policy
perspective.
``(ii) Objectives.--Research and technology activities
carried out under this subparagraph shall provide information
to policy and decisionmakers on current and emerging
transportation issues.
``(iii) Research activities.--Activities carried out under
this subparagraph shall include--

``(I) the planning and integration of a coordinated program
related to the possible design, interoperability, and
institutional roles of future sustainable transportation
revenue mechanisms;
``(II) field trials to research potential alternative
revenue mechanisms, and the Secretary may partner with
individual States, groups of States, or other entities to
implement such trials; and
``(III) other activities to study new methods which
preserve a user-fee structure to maintain the long-term
solvency of the Highway Trust Fund.

``(iv) Contents.--Research and technology activities
carried out under this subparagraph may include--

``(I) highway needs and investment analysis;
``(II) a motor fuel tax evasion program;
``(III) advancing innovations in revenue generation,
financing, and procurement for project delivery;
``(IV) improving the accuracy of project cost analyses;
``(V) highway performance measurement;
``(VI) travel demand performance measurement;
``(VII) highway finance performance measurement;
``(VIII) international technology exchange initiatives;
``(IX) infrastructure investment needs reports;
``(X) promotion of the technologies, products, and best
practices of the United States; and
``(XI) establishment of partnerships among the United
States, foreign agencies, and transportation experts.

``(v) Funding.--Of the funds authorized to carry out this
subsection, no less than 50 percent shall be used to carry
out clause (iii).
``(F) Infrastructure investment needs report.--
``(i) In general.--Not later than July 31, 2012, and July
31 of every second year thereafter, the Secretary shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that
describes estimates of the future highway and bridge needs of
the United States and the backlog of current highway and
bridge needs.
``(ii) Comparisons.--Each report under clause (i) shall
include all information necessary to relate and compare the
conditions and service measures used in the previous biennial
reports to conditions and service measures used in the
current report.
``(iii) Inclusions.--Each report under clause (i) shall
provide recommendations to Congress on changes to the Highway
Performance Monitoring System that address--

``(I) improvements to the quality and standardization of
data collection on all functional classifications of Federal-
aid highways for accurate system length, lane length, and
vehicle-mile of travel; and
``(II) changes to the reporting requirements authorized
under section 315, to reflect recommendations under this
paragraph for collection, storage, analysis, reporting, and
display of data for Federal-aid highways and, to the maximum
extent practical, all public roads.

``(G) Exploring next generation solutions and capitalizing
on the highway research center.--
``(i) In general.--The Secretary shall carry out research
and development activities relating to exploratory advanced
research--

``(I) to leverage the targeted capabilities of the Turner-
Fairbank Highway Research Center to develop technologies and
innovations of national importance; and
``(II) to develop potentially transformational solutions to
improve the durability, efficiency, environmental impact,
productivity, and safety aspects of highway and intermodal
transportation systems.

``(ii) Contents.--Research and technology activities
carried out under this subparagraph may include--

``(I) long-term, high-risk research to improve the
materials used in highway infrastructure;
``(II) exploratory research to assess the effects of
transportation decisions on human health;
``(III) advanced development of surrogate measures for
highway safety;
``(IV) transformational research to affect complex
environmental and highway system relationships;
``(V) development of economical and environmentally
sensitive designs, efficient and quality-controlled
construction practices, and durable materials;
``(VI) development of advanced data acquisition techniques
for system condition and performance monitoring;
``(VII) inclusive research for hour-to-hour operational
decisionmaking and simulation forecasting;
``(VIII) understanding current and emerging phenomena to
inform next generation transportation policy decisionmaking;
and
``(IX) continued improvement and advancement of the Turner-
Fairbank Highway Research Center.

``(H) Aligning national challenges and disseminating
information.--
``(i) In general.--The Secretary shall conduct research and
development activities--

``(I) to establish a nationally coordinated highway
research agenda that--

``(aa) focuses on topics of national significance;
``(bb) addresses current gaps in research;
``(cc) encourages collaboration;
``(dd) reduces unnecessary duplication of effort; and
``(ee) accelerates innovation delivery; and

[[Page S1264]]

``(II) to provide relevant information to researchers and
highway and transportation practitioners to improve the
performance of the transportation system.

``(ii) Contents.--Research and technology activities
carried out under this subparagraph may include--

``(I) coordination, development, and implementation of a
national highway research agenda;
``(II) collaboration on national emphasis areas of highway
research and coordination among international, Federal,
State, and university research programs;
``(III) development and delivery of research reports and
innovation delivery messages;
``(IV) identification of market-ready technologies and
innovations; and
``(V) provision of access to data developed under this
subparagraph to the public, including researchers,
stakeholders, and customers, through a publicly accessible
Internet site.

``(I) High-risk rural roads best practices.--
``(i) Study.--

``(I) In general.--The Secretary shall conduct a study of
the best practices for implementing cost-effective roadway
safety infrastructure improvements on high-risk rural roads.
``(II) Methodology.--In carrying out the study, the
Secretary shall--

``(aa) conduct a thorough literature review;
``(bb) survey current practices of State departments of
transportation; and
``(cc) survey current practices of local units of
government, as appropriate.

``(III) Consultation.--In carrying out the study, the
Secretary shall consult with--

``(aa) State departments of transportation;
``(bb) county engineers and public works professionals;
``(cc) appropriate local officials; and
``(dd) appropriate private sector experts in the field of
roadway safety infrastructure.
``(ii) Report.--

``(I) In general.--Not later than 1 year after the date of
enactment of the MAP 21, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report on the results of the
study.
``(II) Contents.--The report shall include--

``(aa) a summary of cost-effective roadway safety
infrastructure improvements;
``(bb) a summary of the latest research on the financial
savings and reduction in fatalities and serious bodily injury
crashes from the implementation of cost-effective roadway
safety infrastructure improvements; and
``(cc) recommendations for State and local governments on
best practice methods to install cost-effective roadway
safety infrastructure on high-risk rural roads.
``(iii) Manual.--

``(I) Development.--Based on the results of the study under
clause (ii), the Secretary, in consultation with the
individuals and entities described in clause (i)(III), shall
develop a best practices manual to support Federal, State,
and local efforts to reduce fatalities and serious bodily
injury crashes on high-risk rural roads through the use of
cost-effective roadway safety infrastructure improvements.
``(II) Availability.--The manual shall be made available to
State and local governments not later than 180 days after the
date of submission of the report under clause (ii).
``(III) Contents.--The manual shall include, at a minimum,
a list of cost-effective roadway safety infrastructure
improvements and best practices on the installation of cost-
effective roadway safety infrastructure improvements on high-
risk rural roads.
``(IV) Use of manual.--Use of the manual shall be voluntary
and the manual shall not establish any binding standards or
legal duties on State or local governments, or any other
person.

``(c) Technology and Innovation Deployment Program.--
``(1) In general.--The Secretary shall carry out a
technology and innovation deployment program relating to all
aspects of highway transportation, including planning,
financing, operation, structures, materials, pavements,
environment, construction, and the duration of time between
project planning and project delivery, with the goals of--
``(A) significantly accelerating the adoption of innovative
technologies by the surface transportation community;
``(B) providing leadership and incentives to demonstrate
and promote state-of-the-art technologies, elevated
performance standards, and new business practices in highway
construction processes that result in improved safety, faster
construction, reduced congestion from construction, and
improved quality and user satisfaction;
``(C) constructing longer-lasting highways through the use
of innovative technologies and practices that lead to faster
construction of efficient and safe highways and bridges;
``(D) improving highway efficiency, safety, mobility,
reliability, service life, environmental protection, and
sustainability; and
``(E) developing and deploying new tools, techniques, and
practices to accelerate the adoption of innovation in all
aspects of highway transportation.
``(2) Implementation.--
``(A) In general.--The Secretary shall promote, facilitate,
and carry out the program established under paragraph (1) to
distribute the products, technologies, tools, methods, or
other findings that result from highway research and
development activities, including research and development
activities carried out under this chapter.
``(B) Accelerated innovation deployment.--In carrying out
the program established under paragraph (1), the Secretary
shall--
``(i) establish and carry out demonstration programs;
``(ii) provide incentives, technical assistance, and
training to researchers and developers; and
``(iii) develop improved tools and methods to accelerate
the adoption of proven innovative practices and technologies
as standard practices.
``(C) Implementation of future strategic highway research
program findings and results.--
``(i) In general.--The Secretary, in consultation with the
American Association of State Highway and Transportation
Officials and the Transportation Research Board of the
National Academy of Sciences, shall implement the findings
and recommendations developed under the future strategic
highway research program established under section 510.
``(ii) Basis for findings.--The activities carried out
under this subparagraph shall be based on the report
submitted to Congress by the Transportation Research Board of
the National Academy of Sciences under section 510(e).
``(iii) Personnel.--The Secretary may use funds made
available to carry out this subsection for administrative
costs under this subparagraph, which funds shall be used in
addition to any other funds made available for that purpose.
``(iv) Fees.--

``(I) In general.--The Secretary may impose and collect
fees to recover costs associated with special data or
analysis requests relating to safety naturalistic driving
databases developed under the future of strategic highway
research program.
``(II) Use of fee amounts.--

``(aa) In general.--Any fees collected under this clause
shall be made available to the Secretary to carry out this
section and shall remain available for expenditure until
expended.
``(bb) Supplement, not supplant.--Any fee amounts collected
under this clause shall supplement, but not supplant, amounts
made available to the Secretary to carry out this title.
``(d) Air Quality and Congestion Mitigation Measure
Outcomes Assessment Research.--
``(1) In general.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
carry out a research program to examine the outcomes of
actions funded under the congestion mitigation and air
quality improvement program since the enactment of the
SAFETEA-LU (Public Law 109 59).
``(2) Goals.--The goals of the program shall include--
``(A) the assessment and documentation, through outcomes
research conducted on a representative sample of cases, of--
``(i) the emission reductions achieved by federally
supported surface transportation actions intended to reduce
emissions or lessen traffic congestion; and
``(ii) the air quality and human health impacts of those
actions, including potential unrecognized or indirect
consequences, attributable to those actions;
``(B) an expanded base of empirical evidence on the air
quality and human health impacts of actions described in
paragraph (1); and
``(C) an increase in knowledge of--
``(i) the factors determining the air quality and human
health changes associated with transportation emission
reduction actions; and
``(ii) other information to more accurately understand the
validity of current estimation and modeling routines and ways
to improve those routines.
``(3) Administrative elements.--To carry out this
subsection, the Secretary shall--
``(A) make a grant for the coordination, selection,
management, and reporting of component studies to an
independent scientific research organization with the
necessary experience in successfully conducting
accountability and other studies on mobile source air
pollutants and associated health effects;
``(B) ensure that case studies are identified and conducted
by teams selected through a competitive solicitation overseen
by an independent committee of unbiased experts; and
``(C) ensure that all findings and reports are peer-
reviewed and published in a form that presents the findings
together with reviewer comments.
``(4) Report.--The Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives--
``(A) not later than 1 year after the date of enactment of
the MAP 21, and for the following year, a report providing an
initial scoping and plan, and status updates, respectively,
for the program under this subsection; and
``(B) not later than 2 years after the date of enactment of
the MAP 21, a final report that describes the findings of,
and recommendations resulting from, the program under this
subsection.
``(5) Funding.--Of the amounts made available to carry out
this section, the Secretary

[[Page S1265]]

shall make available to carry out this subsection not more
than $1,000,000 for each fiscal year.''.
(b) Conforming Amendment.--The analysis for chapter 5 of
title 23, United States Code, is amended by striking the item
relating to section 503 and inserting the following:

``503. Research and technology development and deployment.''.

SEC. 2204. TRAINING AND EDUCATION.

Section 504 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A) by inserting ``and the employees of
any other applicable Federal agency'' before the semicolon at
the end;
(B) in paragraph (3)(A)(ii)(V) by striking ``expediting''
and inserting ``reducing the amount of time required for'';
(C) by striking paragraph (4);
(D) by redesignating paragraphs (5) through (8) as
paragraphs (4) through (7), respectively; and
(E) in paragraph (7) (as redesignated by subparagraph (D))
by striking ``paragraph (7)'' and inserting ``paragraph
(6)'';
(2) in subsection (b) by striking paragraph (3) and
inserting the following:
``(3) Federal share.--
``(A) Local technical assistance centers.--
``(i) In general.--Subject to subparagraph (B), the Federal
share of the cost of an activity carried out by a local
technical assistance center under paragraphs (1) and (2)
shall be 50 percent.
``(ii) Non-federal share.--The non-Federal share of the
cost of an activity described in clause (i) may consist of
amounts provided to a recipient under subsection (e) or
section 505, up to 100 percent of the non-Federal share.
``(B) Tribal technical assistance centers.--The Federal
share of the cost of an activity carried out by a tribal
technical assistance center under paragraph (2)(D)(ii) shall
be 100 percent.'';
(3) in subsection (c)(2)--
(A) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary'';
(B) in subparagraph (A) (as designated by subparagraph (A))
by striking ``. The program'' and inserting ``, which
program''; and
(C) by adding at the end the following:
``(B) Use of amounts.--Amounts provided to institutions of
higher education to carry out this paragraph shall be used to
provide direct support of student expenses.'';
(4) in subsection (e)(1)--
(A) in the matter preceding subparagraph (A) by striking
``sections 104(b)(1), 104(b)(2), 104(b)(3), 104(b)(4), and
144(e)'' and inserting ``paragraphs (1) through (4) of
section 104(b)'';
(B) in subparagraph (D) by striking ``and'' at the end;
(C) in subparagraph (E) by striking the period and
inserting a semicolon; and
(D) by adding at the end the following:
``(F) meetings of transportation professionals that include
education and professional development activities;
``(G) activities carried out by the National Highway
Institute under subsection (a); and
``(H) local technical assistance programs under subsection
(b).'';
(5) in subsection (f) in the heading, by striking
``PILOT'';
(6) in subsection (g)(4)(F) by striking ``excellence'' and
inserting ``stewardship''; and
(7) by adding at the end the following:
``(h) Centers for Surface Transportation Excellence.--
``(1) In general.--The Secretary may make grants under this
section to establish and maintain centers for surface
transportation excellence.
``(2) Goals.--The goals of a center referred to in
paragraph (1) shall be to promote and support strategic
national surface transportation programs and activities
relating to the work of State departments of transportation
in the areas of environment, surface transportation safety,
rural safety, and project finance.''.

SEC. 2205. STATE PLANNING AND RESEARCH.

Section 505 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1) by striking
``section 104 (other than sections 104(f) and 104(h)) and
under section 144'' and inserting ``paragraphs (1) through
(5) of section 104(b)''; and
(B) in paragraph (3) by striking ``under section 303'' and
inserting ``, plans, and processes under sections 119, 148,
149, and 167'';
(2) in subsection (b)--
(A) in paragraph (1) by striking ``25'' and inserting
``24''; and
(B) in paragraph (2) by striking ``75 percent of the funds
described in paragraph (1)'' and inserting ``70 percent of
the funds described in subsection (a)'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(4) by inserting after subsection (b) the following:
``(c) Implementation of Future Strategic Highway Research
Program Findings and Results.--
``(1) Funds.--Not less than 6 percent of the funds subject
to subsection (a) that are apportioned to a State for a
fiscal year shall be made available to the Secretary to carry
out section 503(c)(2)(C).
``(2) Treatment of funds.--Funds expended under paragraph
(1) shall not be considered to be part of the extramural
budget of the agency for the purpose of section 9 of the
Small Business Act (15 U.S.C. 638).''; and
(5) in paragraph (e) (as so redesignated) by striking
``section 118(b)(2)'' and inserting ``section 118(b)''.

SEC. 2206. INTERNATIONAL HIGHWAY TRANSPORTATION PROGRAM.

Section 506 of title 23, United States Code, is repealed.

SEC. 2207. SURFACE TRANSPORTATION ENVIRONMENTAL COOPERATIVE
RESEARCH PROGRAM.

Section 507 of title 23, United States Code, is repealed.

SEC. 2208. NATIONAL COOPERATIVE FREIGHT RESEARCH.

Section 509(d) of title 23, United States Code, is amended
by adding at the end the following:
``(6) Coordination of cooperative research.--The National
Academy of Sciences shall coordinate research agendas,
research project selections, and competitions across all
transportation-related cooperative research programs carried
out by the National Academy of Sciences to ensure program
efficiency, effectiveness, and the dissemination of research
findings.''.

SEC. 2209. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.

(a) In General.--Section 5505 of title 49, United States
Code, is amended to read as follows:

``Sec.  5505. University transportation centers program

``(a) University Transportation Centers Program.--
``(1) Establishment and operation.--The Secretary shall
make grants under this section to eligible nonprofit
institutions of higher education to establish and operate
university transportation centers.
``(2) Role of centers.--The role of each university
transportation center referred to in paragraph (1) shall be--
``(A) to advance transportation expertise and technology in
the varied disciplines that comprise the field of
transportation through education, research, and technology
transfer activities;
``(B) to provide for a critical transportation knowledge
base outside of the Department of Transportation; and
``(C) to address critical workforce needs and educate the
next generation of transportation leaders.
``(b) Competitive Selection Process.--
``(1) Applications.--To receive a grant under this section,
a nonprofit institution of higher education shall submit to
the Secretary an application that is in such form and
contains such information as the Secretary may require.
``(2) General selection criteria.--
``(A) In general.--Except as otherwise provided by this
section, the Secretary shall award grants under this section
in nonexclusive candidate topic areas established by the
Secretary that address the research priorities identified in
section 503 of title 23.
``(B) Criteria.--The Secretary, in conjunction with the
Administrators of the Federal Highway Administration and the
Federal Transit Administration, shall select each recipient
of a grant under this section through a competitive process
based on the assessment of the Secretary relating to--
``(i) the demonstrated ability of the recipient to address
each specific topic area described in the research and
strategic plans of the recipient;
``(ii) the demonstrated research, technology transfer, and
education resources available to the recipient to carry out
this section;
``(iii) the ability of the recipient to provide leadership
in solving immediate and long-range national and regional
transportation problems;
``(iv) the ability of the recipient to carry out research,
education, and technology transfer activities that are
multimodal and multidisciplinary in scope;
``(v) the demonstrated commitment of the recipient to carry
out transportation workforce development programs through--

``(I) degree-granting programs;
``(II) training seminars for practicing professionals;
``(III) outreach activities to attract new entrants into
the transportation field, including women, minorities, and
persons from disadvantaged communities; and
``(IV) primary and secondary school transportation
workforce outreach;

``(vi) the demonstrated ability of the recipient to
disseminate results and spur the implementation of
transportation research and education programs through
national or statewide continuing education programs;
``(vii) the demonstrated commitment of the recipient to the
use of peer review principles and other research best
practices in the selection, management, and dissemination of
research projects;
``(viii) the strategic plan submitted by the recipient
describing the proposed research to be carried out by the
recipient and the performance metrics to be used in assessing
the performance of the recipient in meeting the stated
research, technology transfer, education, and outreach goals;
and
``(ix) the ability of the recipient to implement the
proposed program in a cost-efficient manner, such as through
cost sharing and overall reduced overhead, facilities, and
administrative costs.
``(c) Grants.--
``(1) In general.--Not later than 1 year after the date of
enactment of the MAP-21,

[[Page S1266]]

the Secretary, in conjunction with the Administrators of the
Federal Highway Administration and the Federal Transit
Administration, shall select grant recipients under
subsection (b) and make grant amounts available to the
selected recipients.
``(2) Tier 1 university transportation centers.--
``(A) In general.--For each of fiscal years 2012 and 2013
and subject to subparagraph (B), the Secretary shall provide
grants to not more than 15 recipients that the Secretary
determines best meet the criteria described in subsection
(b)(2).
``(B) Restrictions.--
``(i) In general.--For each fiscal year, a grant made
available under this paragraph shall not exceed $3,500,000
per recipient.
``(ii) Focused research.--At least 2 of the recipients
awarded a grant under this paragraph shall have expertise in,
and focus research on, public transportation issues.
``(C) Matching requirement.--
``(i) In general.--As a condition of receiving a grant
under this paragraph, a grant recipient shall match 100
percent of the amounts made available under the grant.
``(ii) Sources.--The matching amounts referred to in clause
(i) may include amounts made available to the recipient
under--

``(I) section 504(b) or 505 of title 23; and
``(II) subject to prior approval by the Secretary, a
transportation-related grant from the National Science
Foundation.

``(3) Tier 2 university transportation centers.--
``(A) In general.--For each of fiscal years 2012 and 2013,
the Secretary shall provide grants of not more than
$2,000,000 each to not more than 20 recipients to carry out
this section.
``(B) Restriction.--A grant recipient under paragraph (2)
shall not be eligible to receive a grant under this
paragraph.
``(C) Matching requirement.--
``(i) In general.--As a condition of receiving a grant
under this paragraph, a grant recipient shall match 50
percent of the amounts made available under the grant.
``(ii) Sources.--The matching amounts referred to in clause
(i) may include amounts made available to the recipient
under--

``(I) section 504(b) or 505 of title 23; and
``(II) subject to prior approval by the Secretary, a
transportation-related grant from the National Science
Foundation.

``(D) Focused research.--In awarding grants under this
paragraph, consideration shall be given to minority
institutions, as defined by section 365(3) of the Higher
Education Act (20 U.S.C. Sec. 1067k), or consortia that
include such institutions that have demonstrated an ability
in transportation-related research . The requirements of
subsection (c)(3)(C) shall not apply upon demonstration of
financial hardship by the applicant institution.
``(d) Program Coordination.--
``(1) In general.--The Secretary shall--
``(A) coordinate the research, education, and technology
transfer activities carried out by grant recipients under
this section; and
``(B) disseminate the results of that research through the
establishment and operation of an information clearinghouse.
``(2) Annual review and evaluation.--Not less frequently
than annually, and consistent with the plan developed under
section 508 of title 23, the Secretary shall review and
evaluate the programs carried out under this section by grant
recipients.
``(3) Program evaluation and oversight.--For each of fiscal
years 2012 and 2013, the Secretary shall expend not more than
1\1/2\ percent of the amounts made available to the Secretary
to carry out this section for any coordination, evaluation,
and oversight activities of the Secretary under this section
and section 5506.
``(e) Limitation on Availability of Amounts.--Amounts made
available to the Secretary to carry out this section shall
remain available for obligation by the Secretary for a period
of 3 years after the last day of the fiscal year for which
the amounts are appropriated.
``(f) Information Collection.--Any survey, questionnaire,
or interview that the Secretary determines to be necessary to
carry out reporting requirements relating to any program
assessment or evaluation activity under this section,
including customer satisfaction assessments, shall not be
subject to chapter 35 of title 44.''.
(b) Conforming Amendment.--The analysis for chapter 55 of
title 49, United States Code, is amended by striking the item
relating to section 5505 and inserting the following:

``Sec. 5505. University transportation centers program.''.

SEC. 2210. BUREAU OF TRANSPORTATION STATISTICS.

(a) In General.--Subtitle III of title 49, United States
Code, is amended by adding at the end the following:

``CHAPTER 63--BUREAU OF TRANSPORTATION STATISTICS

``6301. Definitions.
``6302. Bureau of Transportation Statistics.
``6303. Intermodal transportation database.
``6304. National transportation library.
``6305. Advisory council on transportation statistics.
``6306. Transportation statistical collection, analysis, and
dissemination.
``6307. Furnishing of information, data, or reports by Federal
agencies.
``6308. Proceeds of data product sales.
``6309. Information collection.
``6310. National transportation atlas database.
``6311. Limitations on statutory construction.
``6312. Research and development grants.
``6313. Transportation statistics annual report.
``6314. Mandatory response authority for freight data collection.

``Sec.  6301. Definitions.

``In this chapter, the following definitions apply:
``(1) Bureau.--The term `Bureau' means the Bureau of
Transportation Statistics established by section 6302(a).
``(2) Department.--The term `Department' means the
Department of Transportation.
``(3) Director.--The term `Director' means the Director of
the Bureau.
``(4) Library.--The term `Library' means the National
Transportation Library established by section 6304(a).
``(5) Secretary.--The term `Secretary' means the Secretary
of Transportation.

``Sec.  6302. Bureau of Transportation Statistics.

``(a) Establishment.--There is established in the Research
and Innovative Technology Administration the Bureau of
Transportation Statistics.
``(b) Director.--
``(1) Appointment.--The Bureau shall be headed by a
Director, who shall be appointed in the competitive service
by the Secretary.
``(2) Qualifications.--The Director shall be appointed from
among individuals who are qualified to serve as the Director
by virtue of training and experience in the collection,
analysis, and use of transportation statistics.
``(3) Duties.--
``(A) In general.--The Director shall--
``(i) serve as the senior advisor to the Secretary on data
and statistics; and
``(ii) be responsible for carrying out the duties described
in subparagraph (B).
``(B) Duties.--The Director shall--
``(i) ensure that the statistics compiled under clause (vi)
are designed to support transportation decisionmaking by--

``(I) the Federal Government;
``(II) State and local governments;
``(III) metropolitan planning organizations;
``(IV) transportation-related associations;
``(V) the private sector, including the freight community;
and
``(VI) the public;

``(ii) establish on behalf of the Secretary a program--

``(I) to effectively integrate safety data across modes;
and
``(II) to address gaps in existing Department safety data
programs;

``(iii) work with the operating administrations of the
Department--

``(I) to establish and implement the data programs of the
Bureau; and
``(II) to improve the coordination of information
collection efforts with other Federal agencies;

``(iv) evaluate and update as necessary surveys and data
collection methods of the Department on a continual basis to
improve the accuracy and utility of transportation
statistics;
``(v) encourage the standardization of data, data
collection methods, and data management and storage
technologies for data collected by--

``(I) the Bureau;
``(II) the operating administrations of the Department;
``(III) State and local governments;
``(IV) metropolitan planning organizations; and
``(V) private sector entities;

``(vi) collect, compile, analyze, and publish a
comprehensive set of transportation statistics on the
performance and impacts of the national transportation
system, including statistics on--

``(I) transportation safety across all modes and
intermodally;
``(II) the state of good repair of United States
transportation infrastructure;
``(III) the extent, connectivity, and condition of the
transportation system, building on the national
transportation atlas database developed under section 6310;
``(IV) economic efficiency across the entire transportation
sector;
``(V) the effects of the transportation system on global
and domestic economic competitiveness;
``(VI) demographic, economic, and other variables
influencing travel behavior, including choice of
transportation mode and goods movement;
``(VII) transportation-related variables that influence the
domestic economy and global competitiveness;
``(VIII) economic costs and impacts for passenger travel
and freight movement;
``(IX) intermodal and multimodal passenger movement;
``(X) intermodal and multimodal freight movement; and
``(XI) consequences of transportation for the human and
natural environment;

``(vii) build and disseminate the transportation layer of
the National Spatial Data Infrastructure developed under
Executive Order 12906 (59 Fed. Reg. 17671) (or a successor
Executive Order), including by coordinating the development
of transportation geospatial data standards, compiling
intermodal geospatial data, and collecting geospatial data
that is not being collected by other entities;
``(viii) issue guidelines for the collection of information
by the Department that the Director determines necessary to
develop

[[Page S1267]]

transportation statistics and carry out modeling, economic
assessment, and program assessment activities to ensure that
the information is accurate, reliable, relevant, uniform, and
in a form that permits systematic analysis by the Department;
``(ix) review and report to the Secretary on the sources
and reliability of--

``(I) the statistics proposed by the heads of the operating
administrations of the Department to measure outputs and
outcomes as required under the Government Performance and
Results Act of 1993 (Public Law 103 62;107 Stat. 285); and
``(II) at the request of the Secretary, any other data
collected or statistical information published by the heads
of the operating administrations of the Department; and

``(x) ensure that the statistics published under this
section are readily accessible to the public.
``(c) Access to Federal Data.--In carrying out subsection
(b)(3)(B)(ii), the Director shall be given access to all
safety data that the Director determines necessary to carry
out that subsection that is held by the Department or any
other Federal agency.

``Sec.  6303. Intermodal transportation database

``(a) In General.--In consultation with the Under Secretary
Transportation for Policy, the Assistant Secretaries of the
Department, and the heads of the operating administrations of
the Department, the Director shall establish and maintain a
transportation database for all modes of transportation.
``(b) Use.--The database shall be suitable for analyses
carried out by the Federal Government, the States, and
metropolitan planning organizations.
``(c) Contents.--The database shall include--
``(1) information on the volumes and patterns of movement
of goods, including local, interregional, and international
movement, by all modes of transportation, intermodal
combination, and relevant classification;
``(2) information on the volumes and patterns of movement
of people, including local, interregional, and international
movements, by all modes of transportation (including bicycle
and pedestrian modes), intermodal combination, and relevant
classification;
``(3) information on the location and connectivity of
transportation facilities and services; and
``(4) a national accounting of expenditures and capital
stocks on each mode of transportation and intermodal
combination.

``Sec.  6304. National transportation library

``(a) Purpose and Establishment.--To support the
information management and decisionmaking needs of
transportation officials at the Federal, State, and local
levels, there is established in the Bureau of Transportation
Statistics a National Transportation Library that shall--
``(1) be headed by an individual who is highly qualified in
library and information science;
``(2) acquire, preserve, and manage transportation
information and information products and services for use by
the Department, other Federal agencies, and the general
public;
``(3) provide reference and research assistance;
``(4) serve as a central depository for research results
and technical publications of the Department;
``(5) provide a central clearinghouse for transportation
data and information of the Federal Government;
``(6) serve as coordinator and policy lead for
transportation information access;
``(7) provide transportation information and information
products and services to--
``(A) the Department;
``(B) other Federal agencies;
``(C) public and private organizations; and
``(D) individuals, within the United States as well as
internationally;
``(8) coordinate efforts among, and cooperate with,
transportation libraries, information providers, and
technical assistance centers, with the goal of developing a
comprehensive transportation information and knowledge
network that supports the activities described in section
6302(b)(3)(B); and
``(9) engage in such other activities as the Director
determines to be necessary and as the resources of the
Library permit.
``(b) Access.--The Director shall publicize, facilitate,
and promote access to the information products and services
described in subsection (a), with the goal of improving the
ability of the transportation community to share information
and the ability of the Director to make statistics and other
information readily accessible as required under section
6302(b)(3)(B)(x).
``(c) Agreements.--
``(1) In general.--To carry out this section, the Director
may enter into agreements with, provide grants to, and
receive amounts from, any--
``(A) State or local government;
``(B) organization;
``(C) business; or
``(D) individual.
``(2) Contracts, grants, and agreements.--The Library may
initiate and support specific information and data
management, access, and exchange activities relating to the
strategic goals of the Department, knowledge networking, and
national and international cooperation, by entering into
contracts or other agreements or providing grants.
``(3) Amounts.--Any amounts received by the Library as
payment for library products and services or other activities
shall be made available to the Director to carry out this
section and remain available until expended.

``Sec.  6305. Advisory council on transportation statistics

``(a) In General.--The Director shall establish and consult
with an advisory council on transportation statistics.
``(b) Function.--The function of the advisory council
established under this subsection is to advise the Director
on--
``(1) the quality, reliability, consistency, objectivity,
and relevance of transportation statistics and analyses
collected, supported, or disseminated by the Bureau and the
Department; and
``(2) methods to encourage cooperation and interoperability
of transportation data collected by the Bureau, the operating
administrations of the Department, States, local governments,
metropolitan planning organizations, and private sector
entities.
``(c) Membership.--The advisory council shall be composed
of not fewer than 9 and not more than 11 members appointed by
the Director, who shall not be officers or employees of the
United States.
``(d) Terms of Appointment.--
``(1) In general.--Except as provided in paragraph (2),
members of the advisory council shall be appointed to
staggered terms not to exceed 3 years.
``(2) Additional terms.--A member may be renominated for 1
additional 3-year term.
``(3) Previous members.--A member serving on an advisory
council on transportation statistics on the day before the
date of enactment of the MAP-21 shall serve until the end of
the appointed term of the member.
``(e) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
the advisory council established under this section, except
that section 14 of that Act shall not apply.

``Sec.  6306. Transportation statistical collection,
analysis, and dissemination

``To ensure that all transportation statistical collection,
analysis, and dissemination is carried out in a coordinated
manner, the Director may--
``(1) use the services, equipment, records, personnel,
information, and facilities of other Federal agencies, or
State, local, and private agencies and instrumentalities,
subject to the conditions that the applicable agency or
instrumentality consents to that use;
``(2) enter into agreements with the agencies and
instrumentalities described in paragraph (1) for purposes of
data collection and analysis;
``(3) confer and cooperate with foreign governments,
international organizations, and State, municipal, and other
local agencies;
``(4) request such information, data, and reports from any
Federal agency as the Director determines necessary to carry
out this chapter;
``(5) encourage replication, coordination, and sharing of
information among transportation agencies regarding
information systems, information policy, and data; and
``(6) confer and cooperate with Federal statistical
agencies as the Director determines necessary to carry out
this chapter, including by entering into cooperative data
sharing agreements in conformity with all laws and
regulations applicable to the disclosure and use of data.

``Sec.  6307. Furnishing of information, data, or reports by
Federal agencies

``(a) In General.--Except as provided in subsection (b), a
Federal agency requested to furnish information, data, or
reports by the Director under section 6302(b)(3)(B) shall
provide the information to the Director.
``(b) Prohibition on Certain Disclosures.--
``(1) In general.--An officer, employee, or contractor of
the Bureau may not--
``(A) make any disclosure in which the data provided by an
individual or organization under section 6302(b)(3)(B) can be
identified;
``(B) use the information provided under section
6302(b)(3)(B) for a nonstatistical purpose; or
``(C) permit anyone other than an individual authorized by
the Director to examine any individual report provided under
section 6302(b)(3)(B).
``(2) Copies of reports.--
``(A) In general.--No department, bureau, agency, officer,
or employee of the United States (except the Director in
carrying out this chapter) may require, for any reason, a
copy of any report that has been filed under section
6302(b)(3)(B) with the Bureau or retained by an individual
respondent.
``(B) Limitation on judicial proceedings.--A copy of a
report described in subparagraph (A) that has been retained
by an individual respondent or filed with the Bureau or any
of the employees, contractors, or agents of the Bureau--
``(i) shall be immune from legal process; and
``(ii) shall not, without the consent of the individual
concerned, be admitted as evidence or used for any purpose in
any action, suit, or other judicial or administrative
proceedings.
``(C) Applicability.--This paragraph shall apply only to
reports that permit information concerning an individual or
organization to be reasonably determined by direct or
indirect means.
``(3) Informing respondent of use of data.--If the Bureau
is authorized by statute to collect data or information for a
nonstatistical purpose, the Director shall clearly

[[Page S1268]]

distinguish the collection of the data or information, by
rule and on the collection instrument, in a manner that
informs the respondent who is requested or required to supply
the data or information of the nonstatistical purpose.
``(c) Transportation and Transportation-related Data
Access.--Except as expressly prohibited by law, the Director
shall have access to any transportation and transportation-
related information in the possession of any Federal agency.

``Sec.  6308. Proceeds of data product sales

``Notwithstanding section 3302 of title 31, amounts
received by the Bureau from the sale of data products for
necessary expenses incurred may be credited to the Highway
Trust Fund (other than the Mass Transit Account) for the
purpose of reimbursing the Bureau for those expenses.

``Sec.  6309. Information collection

``As the head of an independent Federal statistical agency,
the Director may consult directly with the Office of
Management and Budget concerning any survey, questionnaire,
or interview that the Director considers necessary to carry
out the statistical responsibilities of this chapter.

``Sec.  6310. National transportation atlas database

``(a) In General.--The Director shall develop and maintain
a national transportation atlas database that is comprised of
geospatial databases that depict--
``(1) transportation networks;
``(2) flows of people, goods, vehicles, and craft over the
transportation networks; and
``(3) social, economic, and environmental conditions that
affect or are affected by the transportation networks.
``(b) Intermodal Network Analysis.--The databases referred
to in subsection (a) shall be capable of supporting
intermodal network analysis.

``Sec.  6311. Limitations on statutory construction

``Nothing in this chapter--
``(1) authorizes the Bureau to require any other Federal
agency to collect data; or
``(2) alters or diminishes the authority of any other
officer of the Department to collect and disseminate data
independently.

``Sec.  6312. Research and development grants

``The Secretary may make grants to, or enter into
cooperative agreements or contracts with, public and
nonprofit private entities (including State transportation
departments, metropolitan planning organizations, and
institutions of higher education) for--
``(1) investigation of the subjects described in section
6302(b)(3)(B)(vi);
``(2) research and development of new methods of data
collection, standardization, management, integration,
dissemination, interpretation, and analysis;
``(3) demonstration programs by States, local governments,
and metropolitan planning organizations to coordinate data
collection, reporting, management, storage, and archiving to
simplify data comparisons across jurisdictions;
``(4) development of electronic clearinghouses of
transportation data and related information, as part of the
Library; and
``(5) development and improvement of methods for sharing
geographic data, in support of the database under section
6310 and the National Spatial Data Infrastructure developed
under Executive Order 12906 (59 Fed. Reg. 17671) (or a
successor Executive Order).

``Sec.  6313. Transportation statistics annual report

``The Director shall submit to the President and Congress a
transportation statistics annual report, which shall
include--
``(1) information on the progress of the Director in
carrying out the duties described in section 6302(b)(3)(B);
``(2) documentation of the methods used to obtain and
ensure the quality of the statistics presented in the report;
and
``(3) any recommendations of the Director for improving
transportation statistical information.

``Sec.  6314. Mandatory response authority for freight data
collection.

``(a) Freight Data Collection.--
``(1) In general.--An owner, official, agent, person in
charge, or assistant to the person in charge of a freight
corporation, company, business, institution, establishment,
or organization described in paragraph (2) shall be fined in
accordance with subsection (b) if that individual neglects or
refuses, when requested by the Director or other authorized
officer, employee, or contractor of the Bureau to submit data
under section 6302(b)(3)(B)--
``(A) to answer completely and correctly to the best
knowledge of that individual all questions relating to the
corporation, company, business, institution, establishment,
or other organization; or
``(B) to make available records or statistics in the
official custody of the individual.
``(2) Description of entities.--A freight corporation,
company, business, institution, establishment, or
organization referred to in paragraph (1) is a corporation,
company, business, institution, establishment, or
organization that--
``(A) receives Federal funds relating to the freight
program; and
``(B) has consented to be subject to a fine under this
subsection on--
``(i) refusal to supply any data requested; or
``(ii) failure to respond to a written request.
``(b) Fines.--
``(1) In general.--Subject to paragraph (2), an individual
described in subsection (a) shall be fined not more than
$500.
``(2) Willful actions.--If an individual willfully gives a
false answer to a question described in subsection (a)(1),
the individual shall be fined not more than $10,000.''.
(b) Rules of Construction.--If the provisions of section
111 of title 49, United States Code, are transferred to
chapter 63 of that title, the following rules of construction
apply:
(1) For purposes of determining whether 1 provision of law
supersedes another based on enactment later in time, a
chapter 63 provision is deemed to have been enacted on the
date of enactment of the corresponding section 111 provision.
(2) A reference to a section 111 provision, including a
reference in a regulation, order, or other law, is deemed to
refer to the corresponding chapter 63 provision.
(3) A regulation, order, or other administrative action in
effect under a section 111 provision continues in effect
under the corresponding chapter 63 provision.
(4) An action taken or an offense committed under a section
111 provision is deemed to have been taken or committed under
the corresponding chapter 63 provision.
(c) Conforming Amendments.--
(1) Repeal.--Section 111 of title 49, United States Code,
is repealed, and the item relating to section 111 in the
analysis of chapter 1 of that title is deleted.
(2) Analysis of subtitle iii.--The analysis for subtitle
III of title 49, United States Code, is amended by inserting
after the items for chapter 61 the following:

``Chapter 63. Bureau of Transportation Statistics...............''.....

SEC. 2211. ADMINISTRATIVE AUTHORITY.

Section 112 of title 49, United States Code, is amended by
adding at the end the following:
``(f) Promotional Authority.--Amounts authorized to be
appropriated for the administration and operation of the
Research and Innovative Technology Administration may be used
to purchase promotional items of nominal value for use by the
Administrator of the Research and Innovative Technology
Administration in the recruitment of individuals and
promotion of the programs of the Administration.
``(g) Program Evaluation and Oversight.--For each of fiscal
years 2012 and 2013, the Administrator may expend not more
than 1\1/2\ percent of the amounts authorized to be
appropriated for the administration and operation of the
Research and Innovative Technology Administration to carry
out the coordination, evaluation, and oversight of the
programs administered by the Administration.
``(h) Collaborative Research and Development.--
``(1) In general.--To encourage innovative solutions to
multimodal transportation problems and stimulate the
deployment of new technology, the Administrator may carry
out, on a cost-shared basis, collaborative research and
development with--
``(A) non-Federal entities, including State and local
governments, foreign governments, institutions of higher
education, corporations, institutions, partnerships, sole
proprietorships, and trade associations that are incorporated
or established under the laws of any State;
``(B) Federal laboratories; and
``(C) other Federal agencies.
``(2) Cooperation, grants, contracts, and agreements.--
Notwithstanding any other provision of law, the Administrator
may directly initiate contracts, grants, cooperative research
and development agreements (as defined in section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a)), and other agreements to fund, and accept funds from,
the Transportation Research Board of the National Research
Council of the National Academy of Sciences, State
departments of transportation, cities, counties, institutions
of higher education, associations, and the agents of those
entities to carry out joint transportation research and
technology efforts.
``(3) Federal share.--
``(A) In general.--Subject to subparagraph (B), the Federal
share of the cost of an activity carried out under paragraph
(2) shall not exceed 50 percent.
``(B) Exception.--If the Secretary determines that the
activity is of substantial public interest or benefit, the
Secretary may approve a greater Federal share.
``(C) Non-federal share.--All costs directly incurred by
the non-Federal partners, including personnel, travel,
facility, and hardware development costs, shall be credited
toward the non-Federal share of the cost of an activity
described in subparagraph (A).
``(4) Use of technology.--The research, development, or use
of a technology under a contract, grant, cooperative research
and development agreement, or other agreement entered into
under this subsection, including the terms under which the
technology may be licensed and the resulting royalties may be
distributed, shall be subject to the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
``(5) Waiver of advertising requirements.--Section 3709 of
the Revised Statutes (41 U.S.C. 5) shall not apply to a
contract, grant, or other agreement entered into under this
section.''.

[[Page S1269]]

SEC. 2212. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC
PLANNING.

Section 508(a)(2) of title 23, United States Code, is
amended by striking subparagraph (A) and inserting the
following:
``(A) describe the primary purposes of the transportation
research and development program, which shall include, at a
minimum--
``(i) promoting safety;
``(ii) reducing congestion and improving mobility;
``(iii) protecting and enhancing the environment;
``(iv) preserving the existing transportation system;
``(v) improving the durability and extending the life of
transportation infrastructure; and
``(vi) improving goods movement;''.

SEC. 2213. NATIONAL ELECTRONIC VEHICLE CORRIDORS AND
RECHARGING INFRASTRUCTURE NETWORK.

(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a
stakeholder-driven process to develop a plan and map of a
potential national network of electric vehicle corridors and
recharging infrastructure.
(b) Requirements.--The plan under subsection (a) shall--
(1) project the near- and long-term need for and location
of electric vehicle refueling infrastructure at strategic
locations across all major national highways, roads, and
corridors;
(2) identify infrastructure and standardization needs for
electricity providers, infrastructure providers, vehicle
manufacturers, and electricity purchasers; and
(3) establish an aspirational goal of achieving strategic
deployment of electric vehicle infrastructure by 2020.
(c) Stakeholders.--In developing the plan under subsection
(a), the Secretary shall involve, on a voluntary basis,
stakeholders that include--
(1) the heads of other Federal agencies;
(2) State and local officials;
(3) representatives of--
(A) energy utilities;
(B) the vehicles industry;
(C) the freight and shipping industry;
(D) clean technology firms;
(E) the hospitality industry;
(F) the restaurant industry; and
(G) highway rest stop vendors; and
(4) such other stakeholders as the Secretary determines to
be necessary.

Subtitle C--Intelligent Transportation Systems Research

SEC. 2301. USE OF FUNDS FOR ITS ACTIVITIES.

Section 513 of title 23, United States Code, is amended to
read as follows:

``Sec.  513. Use of funds for ITS activities.

``(a) Definitions.--In this section, the following
definitions apply:
``(1) Eligible entity.--The term `eligible entity' means a
State or local government, tribal government, transit agency,
public toll authority, metropolitan planning organization,
other political subdivision of a State or local government,
or a multistate or multijurisdictional group applying through
a single lead applicant.
``(2) Multijurisdictional group.--The term
`multijurisdictional group' means a combination of State
governments, local governments, metropolitan planning
agencies, transit agencies, or other political subdivisions
of a State that--
``(A) have signed a written agreement to implement an
activity that meets the grant criteria under this section;
and
``(B) is comprised of at least 2 members, each of whom is
an eligible entity.
``(b) Purpose.--The purpose of this section is to develop,
administer, communicate, and promote the use of products of
research, technology, and technology transfer programs.
``(c) ITS Deployment Incentives.--
``(1) In general.--The Secretary may--
``(A) develop and implement incentives to accelerate
deployment of ITS technologies and services within all
funding programs authorized by the MAP-21; and
``(B) for each fiscal year, use amounts made available to
the Secretary to carry out intelligent transportation systems
outreach, including through the use of websites, public
relations, displays, tours, and brochures.
``(2) Comprehensive plan.--To carry out this section, the
Secretary shall develop a detailed and comprehensive plan
that addresses the manner in which incentives may be adopted
through the existing deployment activities carried out by
surface transportation modal administrations.
``(d) System Operations and ITS Deployment Grant Program.--
``(1) Establishment.--The Secretary shall establish a
competitive grant program to accelerate the deployment,
operation, systems management, intermodal integration, and
interoperability of the ITS program and ITS-enabled
operational strategies--
``(A) to measure and improve the performance of the surface
transportation system;
``(B) to reduce traffic congestion and the economic and
environmental impacts of traffic congestion;
``(C) to minimize fatalities and injuries;
``(D) to enhance mobility of people and goods;
``(E) to improve traveler information and services; and
``(F) to optimize existing roadway capacity.
``(2) Application.--To be considered for a grant under this
subsection, an eligible entity shall submit an application to
the Secretary that includes--
``(A) a plan to deploy and provide for the long-term
operation and maintenance of intelligent transportation
systems to improve safety, efficiency, system performance,
and return on investment, such as--
``(i) real-time integrated traffic, transit, and multimodal
transportation information;
``(ii) advanced traffic, freight, parking, and incident
management systems;
``(iii) advanced technologies to improve transit and
commercial vehicle operations;
``(iv) synchronized, adaptive, and transit preferential
traffic signals;
``(v) advanced infrastructure condition assessment
technologies; and
``(vi) other technologies to improve system operations,
including ITS applications necessary for multimodal systems
integration and for achieving performance goals;
``(B) quantifiable system performance improvements,
including--
``(i) reductions in traffic-related crashes, congestion,
and costs;
``(ii) optimization of system efficiency; and
``(iii) improvement of access to transportation services;
``(C) quantifiable safety, mobility, and environmental
benefit projections, including data driven estimates of the
manner in which the project will improve the transportation
system efficiency and reduce traffic congestion in the
region;
``(D) a plan for partnering with the private sector,
including telecommunications industries and public service
utilities, public agencies (including multimodal and
multijurisdictional entities), research institutions,
organizations representing transportation and technology
leaders, and other transportation stakeholders;
``(E) a plan to leverage and optimize existing local and
regional ITS investments; and
``(F) a plan to ensure interoperability of deployed
technologies with other tolling, traffic management, and
intelligent transportation systems.
``(3) Selection.--
``(A) In general.--Not later than 1 year after the date of
enactment of the MAP-21, the Secretary may provide grants to
eligible entities under this section.
``(B) Geographic diversity.--In awarding a grant under this
section, the Secretary shall ensure, to the maximum extent
practicable, that grant recipients represent diverse
geographical areas of the United States, including urban,
suburban, and rural areas.
``(C) Non-federal share.--In awarding a grant under the
section, the Secretary shall give priority to grant
recipients that demonstrate an ability to contribute a
significant non-Federal share to the cost of carrying out the
project for which the grant is received.
``(4) Eligible uses.--Projects for which grants awarded
under this section may be used include--
``(A) the establishment and implementation of ITS and ITS-
enabled operations strategies that improve performance in the
areas of--
``(i) traffic operations;
``(ii) emergency response to surface transportation
incidents;
``(iii) incident management;
``(iv) transit and commercial vehicle operations
improvements;
``(v) weather event response management by State and local
authorities;
``(vi) surface transportation network and facility
management;
``(vii) construction and work zone management;
``(viii) traffic flow information;
``(ix) freight management; and
``(x) congestion management;
``(B) carrying out activities that support the creation of
networks that link metropolitan and rural surface
transportation systems into an integrated data network,
capable of collecting, sharing, and archiving transportation
system traffic condition and performance information;
``(C) the implementation of intelligent transportation
systems and technologies that improve highway safety through
information and communications systems linking vehicles,
infrastructure, mobile devices, transportation users, and
emergency responders;
``(D) the provision of services necessary to ensure the
efficient operation and management of ITS infrastructure,
including costs associated with communications, utilities,
rent, hardware, software, labor, administrative costs,
training, and technical services;
``(E) the provision of support for the establishment and
maintenance of institutional relationships between
transportation agencies, police, emergency medical services,
private emergency operators, freight operators, shippers,
public service utilities, and telecommunications providers;
``(F) carrying out multimodal and crossjurisdictional
planning and deployment of regional transportation systems
operations and management approaches; and
``(G) performing project evaluations to determine the
costs, benefits, lessons learned, and future deployment
strategies associated with the deployment of intelligent
transportation systems.
``(5) Report to secretary.--For each fiscal year that an
eligible entity receives a grant under this section, not
later than 1 year after receiving that grant, each recipient
shall submit a report to the Secretary that describes how the
project has met the expectations projected in the deployment

[[Page S1270]]

plan submitted with the application, including--
``(A) data on how the program has helped reduce traffic
crashes, congestion, costs, and other benefits of the
deployed systems;
``(B) data on the effect of measuring and improving
transportation system performance through the deployment of
advanced technologies;
``(C) the effectiveness of providing real-time integrated
traffic, transit, and multimodal transportation information
to the public that allows the public to make informed travel
decisions; and
``(D) lessons learned and recommendations for future
deployment strategies to optimize transportation efficiency
and multimodal system performance.
``(6) Report to congress.--Not later than 2 years after
date on which the first grant is awarded under this section
and annually thereafter for each fiscal year for which grants
are awarded under this section, the Secretary shall submit to
Congress a report that describes the effectiveness of the
grant recipients in meeting the projected deployment plan
goals, including data on how the grant program has--
``(A) reduced traffic-related fatalities and injuries;
``(B) reduced traffic congestion and improved travel time
reliability;
``(C) reduced transportation-related emissions;
``(D) optimized multimodal system performance;
``(E) improved access to transportation alternatives;
``(F) provided the public with access to real-time
integrated traffic, transit, and multimodal transportation
information to make informed travel decisions;
``(G) provided cost savings to transportation agencies,
businesses, and the traveling public; and
``(H) provided other benefits to transportation users and
the general public.
``(7) Additional grants.--If the Secretary determines,
based on a report submitted under paragraph (5), that a grant
recipient is not complying with the established grant
criteria, the Secretary may--
``(A) cease payment to the recipient of any remaining grant
amounts; and
``(B) redistribute any remaining amounts to other eligible
entities under this section.
``(8) Non-federal share.--The Federal share of a grant
under this section shall not exceed 50 percent of the cost of
the project.
``(9) Grant limitation.--The Secretary may not award more
than 10 percent of the amounts provided under this section to
a single grant recipient in any fiscal year.
``(10) Multiyear grants.--Subject to availability of
amounts, the Secretary may provide an eligible entity with
grant amounts for a period of multiple fiscal years.
``(11) Funding.--Of the funds authorized to be appropriated
to carry out the intelligent transportation system program
under sections 512 through 518, not less than 50 percent of
such funds shall be used to carry out this subsection.''.

SEC. 2302. GOALS AND PURPOSES.

(a) In General.--Chapter 5 of title 23, United States Code,
is amended by adding after section 513 the following:

``Sec.  514. Goals and purposes

``(a) Goals.--The goals of the intelligent transportation
system program include--
``(1) enhancement of surface transportation efficiency and
facilitation of intermodalism and international trade to
enable existing facilities to meet a significant portion of
future transportation needs, including public access to
employment, goods, and services and to reduce regulatory,
financial, and other transaction costs to public agencies and
system users;
``(2) achievement of national transportation safety goals,
including enhancement of safe operation of motor vehicles and
nonmotorized vehicles and improved emergency response to
collisions, with particular emphasis on decreasing the number
and severity of collisions;
``(3) protection and enhancement of the natural environment
and communities affected by surface transportation, with
particular emphasis on assisting State and local governments
to achieve national environmental goals;
``(4) accommodation of the needs of all users of surface
transportation systems, including operators of commercial
motor vehicles, passenger motor vehicles, motorcycles,
bicycles, and pedestrians (including individuals with
disabilities); and
``(5) enhancement of national defense mobility and
improvement of the ability of the United States to respond to
security-related or other manmade emergencies and natural
disasters.
``(b) Purposes.--The Secretary shall implement activities
under the intelligent transportation system program, at a
minimum--
``(1) to expedite, in both metropolitan and rural areas,
deployment and integration of intelligent transportation
systems for consumers of passenger and freight
transportation;
``(2) to ensure that Federal, State, and local
transportation officials have adequate knowledge of
intelligent transportation systems for consideration in the
transportation planning process;
``(3) to improve regional cooperation and operations
planning for effective intelligent transportation system
deployment;
``(4) to promote the innovative use of private resources in
support of intelligent transportation system development;
``(5) to facilitate, in cooperation with the motor vehicle
industry, the introduction of vehicle-based safety enhancing
systems;
``(6) to support the application of intelligent
transportation systems that increase the safety and
efficiency of commercial motor vehicle operations;
``(7) to develop a workforce capable of developing,
operating, and maintaining intelligent transportation
systems;
``(8) to provide continuing support for operations and
maintenance of intelligent transportation systems; and
``(9) to ensure a systems approach that includes
cooperation among vehicles, infrastructure, and users.''.
(b) Conforming Amendment.--The analysis for chapter 5 of
title 23, United States Code, is amended by adding after the
item relating to section 513 the following:

``514. Goals and purposes.''.

SEC. 2303. GENERAL AUTHORITIES AND REQUIREMENTS.

(a) In General.--Chapter 5 of title 23, United States Code,
is amended by adding after section 514 (as added by section
2302) the following:

``Sec.  515. General authorities and requirements

``(a) Scope.--Subject to the provisions of this chapter,
the Secretary shall conduct an ongoing intelligent
transportation system program--
``(1) to research, develop, and operationally test
intelligent transportation systems; and
``(2) to provide technical assistance in the nationwide
application of those systems as a component of the surface
transportation systems of the United States.
``(b) Policy.--Intelligent transportation system research
projects and operational tests funded pursuant to this
chapter shall encourage and not displace public-private
partnerships or private sector investment in those tests and
projects.
``(c) Cooperation With Governmental, Private, and
Educational Entities.--The Secretary shall carry out the
intelligent transportation system program in cooperation with
State and local governments and other public entities, the
private sector firms of the United States, the Federal
laboratories, and institutions of higher education, including
historically Black colleges and universities and other
minority institutions of higher education.
``(d) Consultation With Federal Officials.--In carrying out
the intelligent transportation system program, the Secretary
shall consult with the heads of other Federal agencies, as
appropriate.
``(e) Technical Assistance, Training, and Information.--The
Secretary may provide technical assistance, training, and
information to State and local governments seeking to
implement, operate, maintain, or evaluate intelligent
transportation system technologies and services.
``(f) Transportation Planning.--The Secretary may provide
funding to support adequate consideration of transportation
systems management and operations, including intelligent
transportation systems, within metropolitan and statewide
transportation planning processes.
``(g) Information Clearinghouse.--
``(1) In general.--The Secretary shall--
``(A) maintain a repository for technical and safety data
collected as a result of federally sponsored projects carried
out under this chapter; and
``(B) make, on request, that information (except for
proprietary information and data) readily available to all
users of the repository at an appropriate cost.
``(2) Agreement.--
``(A) In general.--The Secretary may enter into an
agreement with a third party for the maintenance of the
repository for technical and safety data under paragraph
(1)(A).
``(B) Federal financial assistance.--If the Secretary
enters into an agreement with an entity for the maintenance
of the repository, the entity shall be eligible for Federal
financial assistance under this section.
``(3) Availability of information.--Information in the
repository shall not be subject to sections 552 and 555 of
title 5, United States Code.
``(h) Advisory Committee.--
``(1) In general.--The Secretary shall establish an
Advisory Committee to advise the Secretary on carrying out
this chapter.
``(2) Membership.--The Advisory Committee shall have no
more than 20 members, be balanced between metropolitan and
rural interests, and include, at a minimum--
``(A) a representative from a State highway department;
``(B) a representative from a local highway department who
is not from a metropolitan planning organization;
``(C) a representative from a State, local, or regional
transit agency;
``(D) a representative from a metropolitan planning
organization;
``(E) a private sector user of intelligent transportation
system technologies;
``(F) an academic researcher with expertise in computer
science or another information science field related to
intelligent transportation systems, and who is not an expert
on transportation issues;
``(G) an academic researcher who is a civil engineer;
``(H) an academic researcher who is a social scientist with
expertise in transportation issues;

[[Page S1271]]

``(I) a representative from a nonprofit group representing
the intelligent transportation system industry;
``(J) a representative from a public interest group
concerned with safety;
``(K) a representative from a public interest group
concerned with the impact of the transportation system on
land use and residential patterns; and
``(L) members with expertise in planning, safety,
telecommunications, utilities, and operations.
``(3) Duties.--The Advisory Committee shall, at a minimum,
perform the following duties:
``(A) Provide input into the development of the intelligent
transportation system aspects of the strategic plan under
section 508.
``(B) Review, at least annually, areas of intelligent
transportation systems research being considered for funding
by the Department, to determine--
``(i) whether these activities are likely to advance either
the state-of-the-practice or state-of-the-art in intelligent
transportation systems;
``(ii) whether the intelligent transportation system
technologies are likely to be deployed by users, and if not,
to determine the barriers to deployment; and
``(iii) the appropriate roles for government and the
private sector in investing in the research and technologies
being considered.
``(4) Report.--Not later than February 1 of each year after
the date of enactment of the MAP-21, the Secretary shall
submit to Congress a report that includes--
``(A) all recommendations made by the Advisory Committee
during the preceding calendar year;
``(B) an explanation of the manner in which the Secretary
has implemented those recommendations; and
``(C) for recommendations not implemented, the reasons for
rejecting the recommendations.
``(5) Applicability of federal advisory committee act.--The
Advisory Committee shall be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
``(i) Reporting.--
``(1) Guidelines and requirements.--
``(A) In general.--The Secretary shall issue guidelines and
requirements for the reporting and evaluation of operational
tests and deployment projects carried out under this chapter.
``(B) Objectivity and independence.--The guidelines and
requirements issued under subparagraph (A) shall include
provisions to ensure the objectivity and independence of the
reporting entity so as to avoid any real or apparent conflict
of interest or potential influence on the outcome by parties
to any such test or deployment project or by any other formal
evaluation carried out under this chapter.
``(C) Funding.--The guidelines and requirements issued
under subparagraph (A) shall establish reporting funding
levels based on the size and scope of each test or project
that ensure adequate reporting of the results of the test or
project.
``(2) Special rule.--Any survey, questionnaire, or
interview that the Secretary considers necessary to carry out
the reporting of any test, deployment project, or program
assessment activity under this chapter shall not be subject
to chapter 35 of title 44, United States Code.''.
(b) Conforming Amendment.--The analysis for chapter 5 of
title 23, United States Code, is amended by adding after the
item relating to section 514 (as added by section 2302) the
following:

``515. General authorities and requirements.''.

SEC. 2304. RESEARCH AND DEVELOPMENT.

(a) In General.--Chapter 5 of title 23, United States Code,
is amended by adding after section 515 (as added by section
2303) the following:

``Sec.  516. Research and development

``(a) In General.--The Secretary shall carry out a
comprehensive program of intelligent transportation system
research and development, and operational tests of
intelligent vehicles, intelligent infrastructure systems, and
other similar activities that are necessary to carry out this
chapter.
``(b) Priority Areas.--Under the program, the Secretary
shall give higher priority to funding projects that--
``(1) enhance mobility and productivity through improved
traffic management, incident management, transit management,
freight management, road weather management, toll collection,
traveler information, or highway operations systems and
remote sensing products;
``(2) use interdisciplinary approaches to develop traffic
management strategies and tools to address multiple impacts
of congestion concurrently;
``(3) address traffic management, incident management,
transit management, toll collection traveler information, or
highway operations systems;
``(4) incorporate research on the impact of environmental,
weather, and natural conditions on intelligent transportation
systems, including the effects of cold climates;
``(5) enhance intermodal use of intelligent transportation
systems for diverse groups, including for emergency and
health-related services;
``(6) enhance safety through improved crash avoidance and
protection, crash and other notification, commercial motor
vehicle operations, and infrastructure-based or cooperative
safety systems; or
``(7) facilitate the integration of intelligent
infrastructure, vehicle, and control technologies.
``(c) Federal Share.--The Federal share payable on account
of any project or activity carried out under subsection (a)
shall not exceed 80 percent.''.
(b) Conforming Amendment.--The analysis for chapter 5 of
title 23, United States Code, is amended by adding after the
item relating to section 515 (as added by section 2304) the
following:

``516. Research and development.''.

SEC. 2305. NATIONAL ARCHITECTURE AND STANDARDS.

(a) In General.--Chapter 5 of title 23, United States Code,
is amended by adding after section 516 (as added by section
2304) the following:

``Sec.  517. National architecture and standards.

``(a) In General.--
``(1) Development, implementation, and maintenance.--In
accordance with section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110
Stat. 783; 115 Stat. 1241), the Secretary shall develop and
maintain a national ITS architecture and supporting ITS
standards and protocols to promote the use of systems
engineering methods in the widespread deployment and
evaluation of intelligent transportation systems as a
component of the surface transportation systems of the United
States.
``(2) Interoperability and efficiency.--To the maximum
extent practicable, the national ITS architecture and
supporting ITS standards and protocols shall promote
interoperability among, and efficiency of, intelligent
transportation systems and technologies implemented
throughout the United States.
``(3) Use of standards development organizations.--In
carrying out this section, the Secretary shall support the
development and maintenance of standards and protocols using
the services of such standards development organizations as
the Secretary determines to be necessary and whose
memberships are comprised of, and represent, the surface
transportation and intelligent transportation systems
industries.
``(b) Standards for National Policy Implementation.--If the
Secretary finds that a standard is necessary for
implementation of a nationwide policy relating to user fee
collection or other capability requiring nationwide
uniformity, the Secretary, after consultation with
stakeholders, may establish and require the use of that
standard.
``(c) Provisional Standards.--
``(1) In general.--If the Secretary finds that the
development or balloting of an intelligent transportation
system standard jeopardizes the timely achievement of the
objectives described in subsection (a), the Secretary may
establish a provisional standard, after consultation with
affected parties, using, to the maximum extent practicable,
the work product of appropriate standards development
organizations.
``(2) Period of effectiveness.--A provisional standard
established under paragraph (1) shall be published in the
Federal Register and remain in effect until the appropriate
standards development organization adopts and publishes a
standard.
``(d) Conformity With National Architecture.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall ensure that intelligent transportation system
projects carried out using amounts made available from the
Highway Trust Fund, including amounts made available to
deploy intelligent transportation systems, conform to the
appropriate regional ITS architecture, applicable standards,
and protocols developed under subsection (a) or (c).
``(2) Discretion of the secretary.--The Secretary, at the
discretion of the Secretary, may offer an exemption from
paragraph (1) for projects designed to achieve specific
research objectives outlined in the national intelligent
transportation system program plan or the surface
transportation research and development strategic plan
developed under section 508.''.
(b) Conforming Amendment.--The analysis for chapter 5 of
title 23, United States Code, is amended by adding after the
item relating to section 516 (as added by section 2304) the
following:

``517. National architecture and standards.''.

SEC. 2306. VEHICLE-TO-VEHICLE AND VEHICLE-TO-INFRASTRUCTURE
COMMUNICATIONS SYSTEMS DEPLOYMENT.

(a) In General.--Chapter 5 of title 23, United States Code,
is amended by adding after section 517 (as added by section
2305) the following:

``Sec.  518. Vehicle-to-vehicle and vehicle-to-infrastructure
communications systems deployment

``(a) In General.--Not later than 3 years after the date of
enactment of this section, the Secretary shall submit to the
appropriate committees of Congress a report that--
``(1) defines a recommended implementation path for
dedicated short-range communications technology and
applications;
``(2) includes guidance on the relationship of the proposed
deployment of dedicated short-range communications to the
National ITS Architecture and ITS Standards; and
``(3) ensures competition by not preferencing the use of
any particular frequency for vehicle to infrastructure
operations.

[[Page S1272]]

``(b) National Research Council Review.--The Secretary
shall enter into an agreement with the National Research
Council for the review by the National Research Council of
the report described in subsection (a).''.
(b) Conforming Amendment.--The analysis of chapter 5 of
title 23, United States Code, is amended by adding after
section 517 (as added by section 2305) the following:

``518. Vehicle-to-vehicle and vehicle-to-infrastructure communications
systems deployment.''.

TITLE III--AMERICA FAST FORWARD FINANCING INNOVATION

SEC. 3001. SHORT TITLE.

This title may be cited as the ``America Fast Forward
Financing Innovation Act of 2011''.

SEC. 3002. TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION ACT AMENDMENTS.

Sections 601 through 609 of title 23, United States Code,
are amended to read as follows:

``Sec.  601. Generally applicable provisions

``(a) Definitions.--In this chapter, the following
definitions apply:
``(1) Eligible project costs.--The term `eligible project
costs' means amounts substantially all of which are paid by,
or for the account of, an obligor in connection with a
project, including the cost of--
``(A) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, permitting, preliminary engineering and design work,
and other preconstruction activities;
``(B) construction, reconstruction, rehabilitation,
replacement, and acquisition of real property (including land
relating to the project and improvements to land),
environmental mitigation, construction contingencies, and
acquisition of equipment; and
``(C) capitalized interest necessary to meet market
requirements, reasonably required reserve funds, capital
issuance expenses, and other carrying costs during
construction.
``(2) Federal credit instrument.--The term `Federal credit
instrument' means a secured loan, loan guarantee, or line of
credit authorized to be made available under this chapter
with respect to a project.
``(3) Investment-grade rating.--The term `investment-grade
rating' means a rating of BBB minus, Baa3, bbb minus, BBB
(low), or higher assigned by a rating agency to project
obligations.
``(4) Lender.--The term `lender' means any non-Federal
qualified institutional buyer (as defined in section
230.144A(a) of title 17, Code of Federal Regulations (or any
successor regulation), known as Rule 144A(a) of the
Securities and Exchange Commission and issued under the
Securities Act of 1933 (15 U.S.C. 77a et seq.)), including--
``(A) a qualified retirement plan (as defined in section
4974(c) of the Internal Revenue Code of 1986) that is a
qualified institutional buyer; and
``(B) a governmental plan (as defined in section 414(d) of
the Internal Revenue Code of 1986) that is a qualified
institutional buyer.
``(5) Letter of interest.--The term `letter of interest'
means a letter submitted by a potential applicant prior to an
application for credit assistance in a format prescribed by
the Secretary on the website of the TIFIA program, which--
``(A) describes the project and the location, purpose, and
cost of the project;
``(B) outlines the proposed financial plan, including the
requested credit assistance and the proposed obligor;
``(C) provides a status of environmental review; and
``(D) provides information regarding satisfaction of other
eligibility requirements of the TIFIA program.
``(6) Line of credit.--The term `` `line of credit' ''
means an agreement entered into by the Secretary with an
obligor under section 604 to provide a direct loan at a
future date upon the occurrence of certain events.
``(7) Limited buydown.--The term `limited buydown' means,
subject to the conditions described in section 603(b)(4)(C),
a buydown of the interest rate by the Secretary and by the
obligor if the interest rate has increased between--
``(A)(i) the date on which a project application acceptable
to the Secretary is submitted; or
``(ii) the date on which the Secretary entered into a
master credit agreement; and
``(B) the date on which the Secretary executes the Federal
credit instrument.
``(8) Loan guarantee.--The term `loan guarantee' means any
guarantee or other pledge by the Secretary to pay all or part
of the principal of and interest on a loan or other debt
obligation issued by an obligor and funded by a lender.
``(9) Master credit agreement.--The term `master credit
agreement' means an agreement to extend credit assistance for
a program of projects secured by a common security pledge
(which shall receive an investment grade rating from a rating
agency), or for a single project covered under section
602(b)(2) that would--
``(A) make contingent commitments of 1 or more secured
loans or other Federal credit instruments at future dates,
subject to the availability of future funds being made
available to carry out this chapter;
``(B) establish the maximum amounts and general terms and
conditions of the secured loans or other Federal credit
instruments;
``(C) identify the 1 or more dedicated non-Federal revenue
sources that will secure the repayment of the secured loans
or secured Federal credit instruments;
``(D) provide for the obligation of funds for the secured
loans or secured Federal credit instruments after all
requirements have been met for the projects subject to the
master credit agreement, including--
``(i) completion of an environmental impact statement or
similar analysis required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
``(ii) compliance with such other requirements as are
specified in section 602(c); and
``(iii) the availibility of funds to carry out this
chapter; and
``(E) require that contingent commitments result in a
financial close and obligation of credit assistance not later
than 3 years after the date of entry into the master credit
agreement, or release of the commitment, unless otherwise
extended by the Secretary.
``(10) Obligor.--The term `obligor' means a party that--
``(A) is primarily liable for payment of the principal of
or interest on a Federal credit instrument; and
``(B) may be a corporation, partnership, joint venture,
trust, or governmental entity, agency, or instrumentality.
``(11) Project.--The term `project' means--
``(A) any surface transportation project eligible for
Federal assistance under this title or chapter 53 of title
49;
``(B) a project for an international bridge or tunnel for
which an international entity authorized under Federal or
State law is responsible;
``(C) a project for intercity passenger bus or rail
facilities and vehicles, including facilities and vehicles
owned by the National Railroad Passenger Corporation and
components of magnetic levitation transportation systems; and
``(D) a project that--
``(i) is a project--

``(I) for a public freight rail facility or a private
facility providing public benefit for highway users by way of
direct freight interchange between highway and rail carriers;
``(II) for an intermodal freight transfer facility;
``(III) for a means of access to a facility described in
subclause (I) or (II);
``(IV) for a service improvement for a facility described
in subclause (I) or (II) (including a capital investment for
an intelligent transportation system); or
``(V) that comprises a series of projects described in
subclauses (I) through (IV) with the common objective of
improving the flow of goods;

``(ii) may involve the combining of private and public
sector funds, including investment of public funds in private
sector facility improvements;
``(iii) if located within the boundaries of a port
terminal, includes only such surface transportation
infrastructure modifications as are necessary to facilitate
direct intermodal interchange, transfer, and access into and
out of the port; and
``(iv) is composed of related highway, surface
transportation, transit, rail, or intermodal capital
improvement projects eligible for assistance under this
subsection in order to meet the eligible project cost
threshold under section 602, by grouping related projects
together for that purpose, on the condition that the credit
assistance for the projects is secured by a common pledge.
``(12) Project obligation.--The term `project obligation'
means any note, bond, debenture, or other debt obligation
issued by an obligor in connection with the financing of a
project, other than a Federal credit instrument.
``(13) Rating agency.--The term `rating agency' means a
credit rating agency registered with the Securities and
Exchange Commission as a nationally recognized statistical
rating organization (as that term is defined in section 3(a)
of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
``(14) Rural infrastructure project.--The term `rural
infrastructure project' means a surface transportation
infrastructure project either--
``(A) located in any area other than an urbanized area that
has a population of greater than 250,000 inhabitants; or
``(B) connects a rural area to a city with a population of
less than 250,000 inhabitants within the city limits.
``(15) Secured loan.--The term `secured loan' means a
direct loan or other debt obligation issued by an obligor and
funded by the Secretary in connection with the financing of a
project under section 603.
``(16) State.--The term `State' has the meaning given the
term in section 101.
``(17) Subsidy amount.--The term `subsidy amount' means the
amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a Federal credit
instrument, calculated on a net present value basis,
excluding administrative costs and any incidental effects on
governmental receipts or outlays in accordance with the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
``(18) Substantial completion.--The term `substantial
completion' means--
``(A) the opening of a project to vehicular or passenger
traffic; or
``(B) a comparable event, as determined by the Secretary
and specified in the credit agreement.
``(19) TIFIA program.--The term `TIFIA program' means the
transportation infrastructure finance and innovation program
of the Department.

[[Page S1273]]

``(20) Contingent commitment.--The term `contingent
commitment' means a commitment to obligate an amount from
future available budget authority that is--
``(A) contingent upon those funds being made available in
law at a future date; and
``(B) not an obligation of the Federal Government.
``(b) Treatment of Chapter.--For purposes of this title,
this chapter shall be treated as being part of chapter 1.

``Sec.  602. Determination of eligibility and project
selection

``(a) Eligibility.--A project shall be eligible to receive
credit assistance under this chapter if the entity proposing
to carry out the project submits a letter of interest prior
to submission of a formal application for the project, and
the project meets the following criteria:
``(1) Creditworthiness.--
``(A) In general.--The project shall satisfy applicable
creditworthiness standards, which, at a minimum, includes--
``(i) a rate covenant, if applicable;
``(ii) adequate coverage requirements to ensure repayment;
``(iii) an investment grade rating from at least 2 rating
agencies on debt senior to the Federal credit instrument; and
``(iv) a rating from at least 2 rating agencies on the
Federal credit instrument, subject to the condition that,
with respect toclause (iii), if the senior debt and Federal
credit instrument is for an amount less than $75,000,000 or
for a rural infrastructure project or intelligent
transportation systems project, 1 rating agency opinion for
each of the senior debt and Federal credit instrument shall
be sufficient.
``(B) Senior debt.--Notwithstanding subparagraph (A), in a
case in which the Federal credit instrument is the senior
debt, the Federal credit instrument shall be required to
receive an investment grade rating from at least 2 rating
agencies, unless the credit instrument is for a rural
infrastructure project or intelligent transportation systems
project, in which case 1 rating agency opinion shall be
sufficient.
``(2) Inclusion in transportation plans and programs.--The
project shall satisfy the applicable planning and programming
requirements of sections 134 and 135 at such time as an
agreement to make available a Federal credit instrument is
entered into under this chapter.
``(3) Application.--A State, local government, public
authority, public-private partnership, or any other legal
entity undertaking the project and authorized by the
Secretary, shall submit a project application acceptable to
the Secretary.
``(4) Eligible project costs.--
``(A) In general.--Except as provided in subparagraph (B),
to be eligible for assistance under this chapter, a project
shall have eligible project costs that are reasonably
anticipated to equal or exceed the lesser of--
``(i)(I) $50,000,000; or
``(II) in the case of a rural infrastructure project,
$25,000,000; or
``(ii) 33\1/3\ percent of the amount of Federal highway
assistance funds apportioned for the most recently completed
fiscal year to the State in which the project is located.
``(B) Intelligent transportation system projects.--In the
case of a project principally involving the installation of
an intelligent transportation system, eligible project costs
shall be reasonably anticipated to equal or exceed
$15,000,000.
``(5) Dedicated revenue sources.--The Federal credit
instrument shall be repayable, in whole or in part, from
tolls, user fees, or other dedicated revenue sources that
also secure the project obligations.
``(6) Public sponsorship of private entities.--In the case
of a project that is undertaken by an entity that is not a
State or local government or an agency or instrumentality of
a State or local government, the project that the entity is
undertaking shall be publicly sponsored as provided in
paragraph (2).
``(b) Selection Among Eligible Projects.--
``(1) Establishment.--The Secretary shall establish a
rolling application process in which projects that are
eligible to receive credit assistance under subsection (a)
shall receive credit assistance on terms acceptable to the
Secretary, if adequate funds are available to cover the
subsidy costs associated with the Federal credit instrument.
``(2) Adequate funding not available.--
``If the Secretary fully obligates funding to eligible
projects in a given fiscal year, and adequate funding is not
available to fund a credit instrument, a project sponsor of
an eligible project may elect to enter into a master credit
agreement and wait until the following fiscal year or until
additional funds are available to receive credit assistance.
``(3) Preliminary rating opinion letter.--The Secretary
shall require each project applicant to provide a preliminary
rating opinion letter from at least 1 rating agency--
``(A) indicating that the senior obligations of the
project, which may be the Federal credit instrument, have the
potential to achieve an investment-grade rating; and
``(B) including a preliminary rating opinion on the Federal
credit instrument.
``(c) Federal Requirements.--
``(1) In general.--In addition to the requirements of this
title for highway projects, chapter 53 of title 49 for
transit projects, and section 5333(a) of title 49 for rail
projects, the following provisions of law shall apply to
funds made available under this chapter and projects assisted
with the funds:
``(A) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
``(B) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(C) The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
``(2) NEPA.--No funding shall be obligated for a project
that has not received an environmental Categorical Exclusion,
Finding of No Significant Impact, or Record of Decision under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).

``Sec.  603. Secured loans

``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2) through (4),
the Secretary may enter into agreements with 1 or more
obligors to make secured loans, the proceeds of which shall
be used--
``(A) to finance eligible project costs of any project
selected under section 602;
``(B) to refinance interim construction financing of
eligible project costs of any project selected under section
602;
``(C) to refinance existing loan agreements for rural
infrastructure projects; or
``(D) to refinance long-term project obligations or Federal
credit instruments if the refinancing provides additional
funding capacity for the completion, enhancement, or
expansion of any project that--
``(i) is selected under section 602; or
``(ii) otherwise meets the requirements of section 602.
``(2) Limitation on refinancing of interim construction
financing.--A loan under paragraph (1) shall not refinance
interim construction financing under paragraph (1)(B) later
than 1 year after the date of substantial completion of the
project.
``(3) Risk assessment.--Before entering into an agreement
under this subsection, the Secretary, in consultation with
the Director of the Office of Management and Budget, shall
determine an appropriate capital reserve subsidy amount for
each secured loan, taking into account each rating letter
provided by an agency under section 602(b)(3)(B).
``(b) Terms and Limitations.--
``(1) In general.--A secured loan under this section with
respect to a project shall be on such terms and conditions
and contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Secretary determines appropriate.
``(2) Maximum amount.--The amount of the secured loan shall
not exceed the lesser of 49 percent of the reasonably
anticipated eligible project costs or, if the secured loan
does not receive an investment grade rating, the amount of
the senior project obligations.
``(3) Payment.--The secured loan--
``(A) shall--
``(i) be payable, in whole or in part, from tolls, user
fees, or other dedicated revenue sources that also secure the
senior project obligations; and
``(ii) include a rate covenant, coverage requirement, or
similar security feature supporting the project obligations;
and
``(B) may have a lien on revenues described in subparagraph
(A) subject to any lien securing project obligations.
``(4) Interest rate.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), the interest rate on the secured loan shall be not
less than the yield on United States Treasury securities of a
similar maturity to the maturity of the secured loan on the
date of execution of the loan agreement.
``(B) Rural infrastructure projects.--A loan offered to a
rural infrastructure project under this chapter shall be at
\1/2\ of the Treasury Rate.
``(C) Limited buydowns.--A limited buydown is subject to
the following conditions:
``(i) The interest rate under the agreement may not be
lowered by more than the lower of--

``(I) 1\1/2\ percentage points (150 basis points); or
``(II) the amount of the increase in the interest rate.

``(ii) The Secretary may pay up to 50 percent of the cost
of the limited buydown, and the obligor shall pay the balance
of the cost of the limited buydown.
``(iii) Not more than 5 percent of the funding made
available annually to carry out this chapter may be used to
carry out limited buydowns.
``(5) Maturity date.--The final maturity date of the
secured loan shall be the lesser of--
``(A) 35 years after the date of substantial completion of
the project; or
``(B) if the useful life of the capital asset being
financed is of a lesser period, the useful life of the asset.
``(6) Nonsubordination.--
``(A) In general.--Except as provided in subparagraph (B),
the secured loan shall not be subordinated to the claims of
any holder of project obligations in the event of bankruptcy,
insolvency, or liquidation of the obligor.
``(B) Pre-existing indenture.--
``(i) In general.--The Secretary shall waive subparagraph
(A) for public agency borrowers that are financing ongoing
capital programs and have outstanding senior bonds under a
pre-existing indenture, if--

``(I) the secured loan is rated in the A-category or
higher;
``(II) the secured loan is secured and payable from pledged
revenues not affected by project performance, such as a tax-
backed

[[Page S1274]]

revenue pledge or a system-backed pledge of project revenues;
and
``(III) the TIFIA program share of eligible project costs
is 33 percent or less.

``(ii) Limitation.--If the Secretary waives the
nonsubordination requirement under this subparagraph--

``(I) the maximum credit subsidy that will be paid by the
Federal Government shall be limited to 10 percent of the
principal amount of the secured loan; and
``(II) the obligor shall be responsible for paying the
remainder of the subsidy cost.

``(7) Fees.--The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the
Federal Government of making a secured loan under this
section.
``(8) Non-federal share.--The proceeds of a secured loan
under this chapter may be used for any non-Federal share of
project costs required under this title or chapter 53 of
title 49, if the loan is repayable from non-Federal funds.
``(9) Maximum federal involvement.--The total Federal
assistance provided on a project receiving a loan under this
chapter shall not exceed 80 percent of the total project
cost.
``(c) Repayment.--
``(1) Schedule.--The Secretary shall establish a repayment
schedule for each secured loan under this section based on
the projected cash flow from project revenues and other
repayment sources, and the useful life of the project.
``(2) Commencement.--Scheduled loan repayments of principal
or interest on a secured loan under this section shall
commence not later than 5 years after the date of substantial
completion of the project.
``(3) Deferred payments.--
``(A) Authorization.--If, at any time after the date of
substantial completion of the project, the project is unable
to generate sufficient revenues to pay the scheduled loan
repayments of principal and interest on the secured loan, the
Secretary may, subject to subparagraph (C), allow the obligor
to add unpaid principal and interest to the outstanding
balance of the secured loan.
``(B) Interest.--Any payment deferred under subparagraph
(A) shall--
``(i) continue to accrue interest in accordance with
subsection (b)(4) until fully repaid; and
``(ii) be scheduled to be amortized over the remaining term
of the loan.
``(C) Criteria.--
``(i) In general.--Any payment deferral under subparagraph
(A) shall be contingent on the project meeting criteria
established by the Secretary.
``(ii) Repayment standards.--The criteria established under
clause (i) shall include standards for reasonable assurance
of repayment.
``(4) Prepayment.--
``(A) Use of excess revenues.--Any excess revenues that
remain after satisfying scheduled debt service requirements
on the project obligations and secured loan and all deposit
requirements under the terms of any trust agreement, bond
resolution, or similar agreement securing project obligations
may be applied annually to prepay the secured loan without
penalty.
``(B) Use of proceeds of refinancing.--The secured loan may
be prepaid at any time without penalty from the proceeds of
refinancing from non-Federal funding sources.
``(d) Sale of Secured Loans.--
``(1) In general.--Subject to paragraph (2), as soon as
practicable after substantial completion of a project and
after notifying the obligor, the Secretary may sell to
another entity or reoffer into the capital markets a secured
loan for the project if the Secretary determines that the
sale or reoffering can be made on favorable terms.
``(2) Consent of obligor.--In making a sale or reoffering
under paragraph (1), the Secretary may not change the
original terms and conditions of the secured loan without the
written consent of the obligor.
``(e) Loan Guarantees.--
``(1) In general.--The Secretary may provide a loan
guarantee to a lender in lieu of making a secured loan if the
Secretary determines that the budgetary cost of the loan
guarantee is substantially the same as that of a secured
loan.
``(2) Terms.--The terms of a guaranteed loan shall be
consistent with the terms set forth in this section for a
secured loan, except that the rate on the guaranteed loan and
any prepayment features shall be negotiated between the
obligor and the lender, with the consent of the Secretary.

``Sec.  604. Lines of credit

``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2) through (4),
the Secretary may enter into agreements to make available
lines of credit to 1 or more obligors in the form of direct
loans to be made by the Secretary at future dates on the
occurrence of certain events for any project selected under
section 602.
``(2) Use of proceeds.--The proceeds of a line of credit
made available under this section shall be available to pay
debt service on project obligations issued to finance
eligible project costs, extraordinary repair and replacement
costs, operation and maintenance expenses, and costs
associated with unexpected Federal or State environmental
restrictions.
``(3) Risk assessment.--Before entering into an agreement
under this subsection, the Secretary, in consultation with
the Director of the Office of Management and Budget and each
rating agency providing a preliminary rating opinion letter
under section 602(b)(3), shall determine an appropriate
capital reserve subsidy amount for each line of credit,
taking into account the rating opinion letter.
``(4) Investment-grade rating requirement.--The funding of
a line of credit under this section shall be contingent on
the senior obligations of the project receiving an
investment-grade rating from 2 rating agencies.
``(b) Terms and Limitations.--
``(1) In general.--A line of credit under this section with
respect to a project shall be on such terms and conditions
and contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Secretary determines appropriate.
``(2) Maximum amounts.--The total amount of the line of
credit shall not exceed 33 percent of the reasonably
anticipated eligible project costs.
``(3) Draws.--Any draw on the line of credit shall
represent a direct loan and shall be made only if net
revenues from the project (including capitalized interest but
not including reasonably required financing reserves) are
insufficient to pay the costs specified in subsection (a)(2).
``(4) Interest rate.--Except as otherwise provided in
subparagraphs (B) and (C) of section 603(b)(4), the interest
rate on a direct loan resulting from a draw on the line of
credit shall be not less than the yield on 30-year United
States Treasury securities as of the date of execution of the
line of credit agreement.
``(5) Security.--The line of credit--
``(A) shall--
``(i) be payable, in whole or in part, from tolls, user
fees, or other dedicated revenue sources that also secure the
senior project obligations; and
``(ii) include a rate covenant, coverage requirement, or
similar security feature supporting the project obligations;
and
``(B) may have a lien on revenues described in subparagraph
(A) subject to any lien securing project obligations.
``(6) Period of availability.--The full amount of the line
of credit, to the extent not drawn upon, shall be available
during the period beginning on the date of substantial
completion of the project and ending not later than 10 years
after that date.
``(7) Rights of third-party creditors.--
``(A) Against federal government.--A third-party creditor
of the obligor shall not have any right against the Federal
Government with respect to any draw on the line of credit.
``(B) Assignment.--An obligor may assign the line of credit
to 1 or more lenders or to a trustee on the behalf of the
lenders.
``(8) Nonsubordination.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), a direct loan under this section shall not be
subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor.
``(B) Pre-existing indenture.--
``(i) In general.--The Secretary shall waive subparagraph
(A) for public agency borrowers that are financing ongoing
capital programs and have outstanding senior bonds under a
pre-existing indenture, if--

``(I) the line of credit is rated in the A-category or
higher;
``(II) the TIFIA program loan resulting from a draw on the
line of credit is payable from pledged revenues not affected
by project performance, such as a tax-backed revenue pledge
or a system-backed pledge of project revenues; and
``(III) the TIFIA program share of eligible project costs
is 33 percent or less.

``(ii) Limitation.--If the Secretary waives the
nonsubordination requirement under this subparagraph--

``(I) the maximum credit subsidy that will be paid by the
Federal Government shall be limited to 10 percent of the
principal amount of the secured loan; and
``(II) the obligor shall be responsible for paying the
remainder of the subsidy cost.

``(9) Fees.--The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the
Federal Government of providing a line of credit under this
section.
``(10) Relationship to other credit instruments.--A project
that receives a line of credit under this section shall not
also receive a secured loan or loan guarantee under section
603 in an amount that, combined with the amount of the line
of credit, exceeds 49 percent of eligible project costs.
``(c) Repayment.--
``(1) Terms and conditions.--The Secretary shall establish
repayment terms and conditions for each direct loan under
this section based on the projected cash flow from project
revenues and other repayment sources, and the useful life of
the asset being financed.
``(2) Timing.--All repayments of principal or interest on a
direct loan under this section shall be scheduled to commence
not later than 5 years after the end of the period of
availability specified in subsection (b)(6) and to conclude,
with full repayment of principal and interest, by the date
that is 25 years after the end of the period of availability
specified in subsection (b)(6).

``Sec.  605. Program administration

``(a) Requirement.--The Secretary shall establish a uniform
system to service the Federal credit instruments made
available under this chapter.

[[Page S1275]]

``(b) Fees.--The Secretary may collect and spend fees,
contingent upon authority being provided in appropriations
Acts, at a level that is sufficient to cover--
``(1) the costs of services of expert firms retained
pursuant to subsection (d); and
``(2) all or a portion of the costs to the Federal
Government of servicing the Federal credit instruments.
``(c) Servicer.--
``(1) In general.--The Secretary may appoint a financial
entity to assist the Secretary in servicing the Federal
credit instruments.
``(2) Duties.--The servicer shall act as the agent for the
Secretary.
``(3) Fee.--The servicer shall receive a servicing fee,
subject to approval by the Secretary.
``(d) Assistance From Expert Firms.--The Secretary may
retain the services of expert firms, including counsel, in
the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments.

``Sec.  606. State and local permits

``The provision of credit assistance under this chapter
with respect to a project shall not--
``(1) relieve any recipient of the assistance of any
obligation to obtain any required State or local permit or
approval with respect to the project;
``(2) limit the right of any unit of State or local
government to approve or regulate any rate of return on
private equity invested in the project; or
``(3) otherwise supersede any State or local law (including
any regulation) applicable to the construction or operation
of the project.

``Sec.  607. Regulations

``The Secretary may promulgate such regulations as the
Secretary determines appropriate to carry out this chapter.

``Sec.  608. Funding

``(a) Funding.--
``(1) Spending and borrowing authority.--Spending and
borrowing authority for a fiscal year to enter into Federal
credit instruments shall be promptly apportioned to the
Secretary on a fiscal year basis.
``(2) Reestimates.--When the estimated cost of a loan or
loans is reestimated, the cost of the reestimate shall be
borne by or benefit the general fund of the Treasury,
consistent with section 661c(f) of title 2, United States
Code.
``(3) Rural set-aside.--
``(A) In general.--Of the total amount of funds made
available to carry out this chapter for each fiscal year, 10
percent shall be set aside for rural infrastructure projects.
``(B) Reobligation.--Any amounts set aside under
subparagraph (A) that remain unobligated by June 1 of the
fiscal year for which the amounts were set aside shall be
available for obligation by the Secretary on projects other
than rural infrastructure projects.
``(4) Redistribution of authorized funding.--
``(A) In general.--Beginning in the second fiscal year
after the date of enactment of this paragraph, on August 1 of
that fiscal year, and each fiscal year thereafter, if the
unobligated and uncommitted balance of funding available
exceeds 150 percent of the amount made available to carry out
this chapter for that fiscal year, the Secretary shall
distribute to the States the amount of funds and associated
obligation authority in excess of that amount.
``(B) Distribution.--The amounts and obligation authority
distributed under this paragraph shall be distributed, in the
same manner as obligation authority is distributed to the
States for the fiscal year, based on the proportion that--
``(i) the relative share of each State of obligation
authority for the fiscal year; bears to
``(ii) the total amount of obligation authority distributed
to all States for the fiscal year.
``(C) Purpose.--Funds distributed under subparagraph (B)
shall be available for any purpose described in section
133(c).
``(5) Availability.--Amounts made available to carry out
this chapter shall remain available until expended.
``(6) Administrative costs.--Of the amounts made available
to carry out this chapter, the Secretary may use not more
than 1 percent for each fiscal year for the administration of
this chapter.
``(b) Contract Authority.--
``(1) In general.--Notwithstanding any other provision of
law, execution of a term sheet by the Secretary of a Federal
credit instrument that uses amounts made available under this
chapter shall impose on the United States a contractual
obligation to fund the Federal credit investment.
``(2) Availability.--Amounts made available to carry out
this chapter for a fiscal year shall be available for
obligation on October 1 of the fiscal year.

``Sec.  609. Reports to Congress

``On June 1, 2012, and every 2 years thereafter, the
Secretary shall submit to Congress a report summarizing the
financial performance of the projects that are receiving, or
have received, assistance under this chapter (other than
section 610), including a recommendation as to whether the
objectives of this chapter (other than section 610) are best
served--
``(1) by continuing the program under the authority of the
Secretary;
``(2) by establishing a Federal corporation or federally
sponsored enterprise to administer the program; or
``(3) by phasing out the program and relying on the capital
markets to fund the types of infrastructure investments
assisted by this chapter (other than section 610) without
Federal participation.''.

SEC. 3003. STATE INFRASTRUCTURE BANKS.

Section 610(d)(1)(A) of title 23, United States Code, is
amended by striking ``sections 104(b)(1)'' and all that
follows though the semicolon and inserting ``paragraphs (1)
and (2) of section 104(b)''.

TITLE IV--HIGHWAY SPENDING CONTROLS

SEC. 4001. HIGHWAY SPENDING CONTROLS.

(a) In General.--Title 23, United States Code, is amended
by adding at the end the following:

Chapter 7--Highway Spending Controls

Sec.
701. Solvency of Highway Account of the Highway Trust Fund.

``SEC. 701. SOLVENCY OF HIGHWAY ACCOUNT OF THE HIGHWAY TRUST
FUND.

``(a) Solvency Calculation for Fiscal Year 2012.--
``(1) Adjustment of obligation limitation.--Not later than
60 days after the date of enactment of the MAP 21, the
Secretary, in consultation with the Secretary of Treasury,
shall:
``(A) Estimate the balance of the Highway Trust Fund (other
than the Mass Transit Account) at the end of fiscal years
2012 and 2013. For purposes of which estimation, the
Secretary shall assume that the obligation limitation on
Federal-aid highways and highway safety construction programs
will be equal to the obligation limitations enacted for those
fiscal years in the MAP 21.
``(B) Determine if the estimated balance of the Highway
Trust Fund (other than the Mass Transit Account) would fall
below--
``(i) $2,000,000,000 at the end of fiscal year 2012; or
``(ii) $1,000,000,000 at the end of fiscal year 2013.
``(C) If either of the conditions in subparagraph (B) would
occur, calculate the amount by which the fiscal year 2012
obligation limitation must be reduced to prevent such
occurrence. For purposes of this calculation, the Secretary
shall assume that the obligation limitation on Federal-aid
highways and highway safety construction programs for the
fiscal year 2013 will be equal to the obligation limitation
for fiscal year 2012, as reduced pursuant to this
subparagraph.
``(D) Adjust the distribution of the fiscal year 2012
obligation limitation to reflect any reduction determined
under subparagraph (C).
``(2) Lapse and rescission.--
``(A) Lapse of obligation limitation.--Any obligation
limitation that is withdrawn by the Secretary pursuant to
paragraph (1)(D) shall lapse immediately following the
adjustment of obligation limitation under such paragraph.
``(B) Rescission of contract authority.--Upon the lapse of
any obligation limitation under subparagraph (A), the
Secretary shall reduce proportionately the amount authorized
to be appropriated from the Highway Trust Fund (other than
the Mass Transit Account) for fiscal year 2012 to carry out
each of the Federal-aid highway and highway safety
construction programs (other than emergency relief and funds
under the national highway performance program that are
exempt from the fiscal year 2012 obligation limitation) by an
aggregate amount equal to the amount of adjustment determined
pursuant to paragraph (1)(D). The amounts withdrawn pursuant
to this subparagraph are permanently rescinded.
``(b) Solvency Calculation for Fiscal Year 2013 and Fiscal
Years Thereafter.--
``(1) Adjustment of obligation limitation.--Except as
provided in paragraph (2), in distributing the obligation
limitation on Federal-aid highways and highway safety
construction programs for fiscal year 2013 and each fiscal
year thereafter, the Secretary shall--
``(A) estimate the balance of the Highway Trust Fund (other
than the Mass Transit Account) at the end of such fiscal year
and the end of the next fiscal year, for purposes of which
estimation, the Secretary shall assume that the obligation
limitation on Federal-aid highways and highway safety
construction programs for the next fiscal year will be equal
to the obligation limitation enacted for the fiscal year for
which the limitation is being distributed;
``(B) determine whether the estimated balance of the
Highway Trust Fund (other than the Mass Transit Account)
would fall below $2,000,000,000 at the end of the fiscal year
for which the obligation limitation is being distributed;
``(C) if the condition in subparagraph (B) would occur,
calculate the amount by which the obligation limitation in
the fiscal year for which the obligation limitation is being
distributed must be reduced to prevent that occurrence; and
``(D) distribute such obligation limitation less any amount
determined under subparagraph (C).
``(2) Lapse and rescission.--
``(A) Obligation limitation.--
``(i) Recalculation.--In a fiscal year in which the
Secretary withholds obligation limitation based on the
calculation under paragraph (1), the Secretary shall, on
March 1 of such fiscal year, repeat the calculations under
subparagraphs (A) through (C) of such paragraph. Based on the
results of those calculations, the Secretary shall--

[[Page S1276]]

``(I) if the Secretary determines that either of the
conditions in paragraph (1)(B) would occur, withdraw an
additional amount of obligation limitation necessary to
prevent such occurrence; or
``(II) distribute as much of the withheld obligation
limitation as may be distributed without causing either of
the conditions specified in paragraph (1)(B) to occur.

``(ii) Lapse.--Any obligation limitation that is enacted
for a fiscal year, withheld from distribution pursuant to
paragraph (1)(D) (or withdrawn under clause (i)(I)), and not
subsequently distributed under clause (i)(II) shall lapse
immediately following the distribution of obligation
limitation under such clause.
``(B) Contract authority.--
``(i) In general.--Upon the lapse of any obligation
limitation under subparagraph (A)(ii), an equal amount of the
unobligated balances of funds apportioned among the States
under chapter 1 and sections 1116, 1303, and 1404 of the
SAFETEA LU (119 Stat. 1177, 1207, and 1228) are permanently
rescinded. In administering the rescission required under
this clause, the Secretary shall allow each State to
determine the amount of the required rescission to be drawn
from the programs to which the rescission applies, except as
provided in clause (ii).
``(ii) Rescission of funds apportioned in fiscal year 2013
and fiscal years thereafter.--If a State determines that it
will meet any of its required rescission amount from funds
apportioned to such State on or subsequent to October 1,
2012, the Secretary shall determine the amount to be
rescinded from each of the programs subject to the rescission
for which the State was apportioned funds on or subsequent to
October 1, 2012, in proportion to the cumulative amount of
apportionments that the State received for each such program
on or subsequent to October 1, 2012.
``(3) Other actions to prevent insolvency.--The Secretary
shall issue a regulation to establish any actions in addition
to those described in subsection (a) and paragraph (1) that
may be taken by the Secretary if it becomes apparent that the
Highway Trust Fund (other than the Mass Transit Account) will
become insolvent, including the denial of further
obligations.
``(4) Applicable only to full-year limitation.--The
requirements of paragraph (1) apply only to the distribution
of a full-year obligation limitation and do not apply to
partial-year limitations under continuing appropriations
Acts.''.
(b) Table of Chapters.--The table of chapters for title 23,
United States Code, is amended by inserting after the item
relating to chapter 6 the following:

``7. Highway Spending Controls...............................701''.....

DIVISION B--PUBLIC TRANSPORTATION

SEC. 20001. SHORT TITLE.

This division may be cited as the ``Federal Public
Transportation Act of 2012''.

SEC. 20002. REPEALS.

(a) Chapter 53.--Chapter 53 of title 49, United States
Code, is amended by striking sections 5316, 5317, 5321, 5324,
5328, and 5339.
(b) Transportation Equity Act for the 21st Century.--
Section 3038 of the Transportation Equity Act for the 21st
Century (49 U.S.C. 5310 note) is repealed.
(c) SAFETEA LU.--The following provisions are repealed:
(1) Section 3009(i) of SAFETEA LU (Public Law 109 59; 119
Stat. 1572).
(2) Section 3011(c) of SAFETEA LU (49 U.S.C. 5309 note).
(3) Section 3012(b) of SAFETEA LU (49 U.S.C. 5310 note).
(4) Section 3045 of SAFETEA LU (49 U.S.C. 5308 note).
(5) Section 3046 of SAFETEA LU (49 U.S.C. 5338 note).

SEC. 20003. POLICIES, PURPOSES, AND GOALS.

Section 5301 of title 49, United States Code, is amended to
read as follows:

``Sec.  5301. Policies, purposes, and goals

``(a) Declaration of Policy.--It is in the interest of the
United States, including the economic interest of the United
States, to foster the development and revitalization of
public transportation systems.
``(b) General Purposes.--The purposes of this chapter are
to--
``(1) provide funding to support public transportation;
``(2) improve the development and delivery of capital
projects;
``(3) initiate a new framework for improving the safety of
public transportation systems;
``(4) establish standards for the state of good repair of
public transportation infrastructure and vehicles;
``(5) promote continuing, cooperative, and comprehensive
planning that improves the performance of the transportation
network;
``(6) establish a technical assistance program to assist
recipients under this chapter to more effectively and
efficiently provide public transportation service;
``(7) continue Federal support for public transportation
providers to deliver high quality service to all users,
including individuals with disabilities, seniors, and
individuals who depend on public transportation;
``(8) support research, development, demonstration, and
deployment projects dedicated to assisting in the delivery of
efficient and effective public transportation service; and
``(9) promote the development of the public transportation
workforce.
``(c) National Goals.--The goals of this chapter are to--
``(1) increase the availability and accessibility of public
transportation across a balanced, multimodal transportation
network;
``(2) promote the environmental benefits of public
transportation, including reduced reliance on fossil fuels,
fewer harmful emissions, and lower public health
expenditures;
``(3) improve the safety of public transportation systems;
``(4) achieve and maintain a state of good repair of public
transportation infrastructure and vehicles;
``(5) provide an efficient and reliable alternative to
congested roadways;
``(6) increase the affordability of transportation for all
users; and
``(7) maximize economic development opportunities by--
``(A) connecting workers to jobs;
``(B) encouraging mixed-use, transit-oriented development;
and
``(C) leveraging private investment and joint
development.''.

SEC. 20004. DEFINITIONS.

Section 5302 of title 49, United States Code, is amended to
read as follows:

``Sec.  5302. Definitions

``Except as otherwise specifically provided, in this
chapter the following definitions apply:
``(1) Associated transit improvement.--The term `associated
transit improvement' means, with respect to any project or an
area to be served by a project, projects that are designed to
enhance public transportation service or use and that are
physically or functionally related to transit facilities.
Eligible projects are--
``(A) historic preservation, rehabilitation, and operation
of historic public transportation buildings, structures, and
facilities (including historic bus and railroad facilities)
intended for use in public transportation service;
``(B) bus shelters;
``(C) landscaping and streetscaping, including benches,
trash receptacles, and street lights;
``(D) pedestrian access and walkways;
``(E) bicycle access, including bicycle storage facilities
and installing equipment for transporting bicycles on public
transportation vehicles;
``(F) signage; or
``(G) enhanced access for persons with disabilities to
public transportation.
``(2) Bus rapid transit system.--The term `bus rapid
transit system' means a bus transit system--
``(A) in which the majority of each line operates in a
separated right-of-way dedicated for public transportation
use during peak periods; and
``(B) that includes features that emulate the services
provided by rail fixed guideway public transportation
systems, including--
``(i) defined stations;
``(ii) traffic signal priority for public transportation
vehicles;
``(iii) short headway bidirectional services for a
substantial part of weekdays and weekend days; and
``(iv) any other features the Secretary may determine are
necessary to produce high-quality public transportation
services that emulate the services provided by rail fixed
guideway public transportation systems.
``(3) Capital project.--The term `capital project' means a
project for--
``(A) acquiring, constructing, supervising, or inspecting
equipment or a facility for use in public transportation,
expenses incidental to the acquisition or construction
(including designing, engineering, location surveying,
mapping, and acquiring rights-of-way), payments for the
capital portions of rail trackage rights agreements, transit-
related intelligent transportation systems, relocation
assistance, acquiring replacement housing sites, and
acquiring, constructing, relocating, and rehabilitating
replacement housing;
``(B) rehabilitating a bus;
``(C) remanufacturing a bus;
``(D) overhauling rail rolling stock;
``(E) preventive maintenance;
``(F) leasing equipment or a facility for use in public
transportation, subject to regulations that the Secretary
prescribes limiting the leasing arrangements to those that
are more cost-effective than purchase or construction;
``(G) a joint development improvement that--
``(i) enhances economic development or incorporates private
investment, such as commercial and residential development;
``(ii)(I) enhances the effectiveness of public
transportation and is related physically or functionally to
public transportation; or
``(II) establishes new or enhanced coordination between
public transportation and other transportation;
``(iii) provides a fair share of revenue that will be used
for public transportation;
``(iv) provides that a person making an agreement to occupy
space in a facility constructed under this paragraph shall
pay a fair share of the costs of the facility through rental
payments and other means;
``(v) may include--

``(I) property acquisition;
``(II) demolition of existing structures;
``(III) site preparation;
``(IV) utilities;
``(V) building foundations;
``(VI) walkways;
``(VII) pedestrian and bicycle access to a public
transportation facility;

[[Page S1277]]

``(VIII) construction, renovation, and improvement of
intercity bus and intercity rail stations and terminals;
``(IX) renovation and improvement of historic
transportation facilities;
``(X) open space;
``(XI) safety and security equipment and facilities
(including lighting, surveillance, and related intelligent
transportation system applications);
``(XII) facilities that incorporate community services such
as daycare or health care;
``(XIII) a capital project for, and improving, equipment or
a facility for an intermodal transfer facility or
transportation mall; and
``(XIV) construction of space for commercial uses; and

``(vi) does not include outfitting of commercial space
(other than an intercity bus or rail station or terminal) or
a part of a public facility not related to public
transportation;
``(H) the introduction of new technology, through
innovative and improved products, into public transportation;
``(I) the provision of nonfixed route paratransit
transportation services in accordance with section 223 of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12143),
but only for grant recipients that are in compliance with
applicable requirements of that Act, including both fixed
route and demand responsive service, and only for amounts not
to exceed 10 percent of such recipient's annual formula
apportionment under sections 5307 and 5311;
``(J) establishing a debt service reserve, made up of
deposits with a bondholder's trustee, to ensure the timely
payment of principal and interest on bonds issued by a grant
recipient to finance an eligible project under this chapter;
``(K) mobility management--
``(i) consisting of short-range planning and management
activities and projects for improving coordination among
public transportation and other transportation service
providers carried out by a recipient or subrecipient through
an agreement entered into with a person, including a
governmental entity, under this chapter (other than section
5309); but
``(ii) excluding operating public transportation services;
or
``(L) associated capital maintenance, including--
``(i) equipment, tires, tubes, and material, each costing
at least .5 percent of the current fair market value of
rolling stock comparable to the rolling stock for which the
equipment, tires, tubes, and material are to be used; and
``(ii) reconstruction of equipment and material, each of
which after reconstruction will have a fair market value of
at least .5 percent of the current fair market value of
rolling stock comparable to the rolling stock for which the
equipment and material will be used.
``(4) Designated recipient.--The term `designated
recipient' means--
``(A) an entity designated, in accordance with the planning
process under sections 5303 and 5304, by the Governor of a
State, responsible local officials, and publicly owned
operators of public transportation, to receive and apportion
amounts under section 5336 to urbanized areas of 200,000 or
more in population; or
``(B) a State or regional authority, if the authority is
responsible under the laws of a State for a capital project
and for financing and directly providing public
transportation.
``(5) Disability.--The term `disability' has the same
meaning as in section 3(1) of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
``(6) Emergency regulation.--The term `emergency
regulation' means a regulation--
``(A) that is effective temporarily before the expiration
of the otherwise specified periods of time for public notice
and comment under section 5334(c); and
``(B) prescribed by the Secretary as the result of a
finding that a delay in the effective date of the
regulation--
``(i) would injure seriously an important public interest;
``(ii) would frustrate substantially legislative policy and
intent; or
``(iii) would damage seriously a person or class without
serving an important public interest.
``(7) Fixed guideway.--The term `fixed guideway' means a
public transportation facility--
``(A) using and occupying a separate right-of-way for the
exclusive use of public transportation;
``(B) using rail;
``(C) using a fixed catenary system;
``(D) for a passenger ferry system; or
``(E) for a bus rapid transit system.
``(8) Governor.--The term `Governor'--
``(A) means the Governor of a State, the mayor of the
District of Columbia, and the chief executive officer of a
territory of the United States; and
``(B) includes the designee of the Governor.
``(9) Local governmental authority.--The term `local
governmental authority' includes--
``(A) a political subdivision of a State;
``(B) an authority of at least 1 State or political
subdivision of a State;
``(C) an Indian tribe; and
``(D) a public corporation, board, or commission
established under the laws of a State.
``(10) Low-income individual.--The term `low-income
individual' means an individual whose family income is at or
below 150 percent of the poverty line, as that term is
defined in section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2)), including any revision
required by that section, for a family of the size involved.
``(11) Net project cost.--The term `net project cost' means
the part of a project that reasonably cannot be financed from
revenues.
``(12) New bus model.--The term `new bus model' means a bus
model (including a model using alternative fuel)--
``(A) that has not been used in public transportation in
the United States before the date of production of the model;
or
``(B) used in public transportation in the United States,
but being produced with a major change in configuration or
components.
``(13) Public transportation.--The term `public
transportation'--
``(A) means regular, continuing shared-ride surface
transportation services that are open to the general public
or open to a segment of the general public defined by age,
disability, or low income; and
``(B) does not include--
``(i) intercity passenger rail transportation provided by
the entity described in chapter 243 (or a successor to such
entity);
``(ii) intercity bus service;
``(iii) charter bus service;
``(iv) school bus service;
``(v) sightseeing service;
``(vi) courtesy shuttle service for patrons of one or more
specific establishments; or
``(vii) intra-terminal or intra-facility shuttle services.
``(14) Regulation.--The term `regulation' means any part of
a statement of general or particular applicability of the
Secretary designed to carry out, interpret, or prescribe law
or policy in carrying out this chapter.
``(15) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(16) Senior.--The term `senior' means an individual who
is 65 years of age or older.
``(17) State.--The term `State' means a State of the United
States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, Guam, American Samoa, and the Virgin
Islands.
``(18) State of good repair.--The term `state of good
repair' has the meaning given that term by the Secretary, by
rule, under section 5326(b).
``(19) Transit.--The term `transit' means public
transportation.
``(20) Urban area.--The term `urban area' means an area
that includes a municipality or other built-up place that the
Secretary, after considering local patterns and trends of
urban growth, decides is appropriate for a local public
transportation system to serve individuals in the locality.
``(21) Urbanized area.--The term `urbanized area' means an
area encompassing a population of not less than 50,000 people
that has been defined and designated in the most recent
decennial census as an `urbanized area' by the Secretary of
Commerce.''.

SEC. 20005. METROPOLITAN TRANSPORTATION PLANNING.

(a) In General.--Section 5303 of title 49, United States
Code, is amended to read as follows:

``Sec.  5303. Metropolitan transportation planning

``(a) Policy.--It is in the national interest--
``(1) to encourage and promote the safe, cost-effective,
and efficient management, operation, and development of
surface transportation systems that will serve efficiently
the mobility needs of individuals and freight, reduce
transportation-related fatalities and serious injuries, and
foster economic growth and development within and between
States and urbanized areas, while fitting the needs and
complexity of individual communities, maximizing value for
taxpayers, leveraging cooperative investments, and minimizing
transportation-related fuel consumption and air pollution
through the metropolitan and statewide transportation
planning processes identified in this chapter;
``(2) to encourage the continued improvement, evolution,
and coordination of the metropolitan and statewide
transportation planning processes by and among metropolitan
planning organizations, State departments of transportation,
regional planning organizations, interstate partnerships, and
public transportation and intercity service operators as
guided by the planning factors identified in subsection (h)
of this section and section 5304(d);
``(3) to encourage and promote transportation needs and
decisions that are integrated with other planning needs and
priorities; and
``(4) to maximize the effectiveness of transportation
investments.
``(b) Definitions.--In this section and section 5304, the
following definitions shall apply:
``(1) Existing mpo.--The term `existing MPO' means a
metropolitan planning organization that was designated as a
metropolitan planning organization as of the day before the
date of enactment of the Federal Public Transportation Act of
2012.
``(2) Local official.--The term `local official' means any
elected or appointed official of general purpose local
government with responsibility for transportation in a
designated area.
``(3) Maintenance area.--The term `maintenance area' means
an area that was designated as an air quality nonattainment
area, but was later redesignated by the Administrator of the
Environmental Protection

[[Page S1278]]

Agency as an air quality attainment area, under section
107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
``(4) Metropolitan planning area.--The term `metropolitan
planning area' means a geographical area determined by
agreement between the metropolitan planning organization for
the area and the applicable Governor under subsection (c).
``(5) Metropolitan planning organization.--The term
`metropolitan planning organization' means the policy board
of an organization established pursuant to subsection (c).
``(6) Metropolitan transportation plan.--The term
`metropolitan transportation plan' means a plan developed by
a metropolitan planning organization under subsection (i).
``(7) Nonattainment area.--The term `nonattainment area'
has the meaning given the term in section 171 of the Clean
Air Act (42 U.S.C. 7501).
``(8) Nonmetropolitan area.--
``(A) In general.--The term `nonmetropolitan area' means a
geographical area outside the boundaries of a designated
metropolitan planning area.
``(B) Inclusions.--The term `nonmetropolitan area' includes
a small urbanized area with a population of more than 50,000,
but fewer than 200,000 individuals, as calculated according
to the most recent decennial census, and a nonurbanized area.
``(9) Nonmetropolitan planning organization.--The term
`nonmetropolitan planning organization' means an organization
that--
``(A) was designated as a metropolitan planning
organization as of the day before the date of enactment of
the Federal Public Transportation Act of 2012; and
``(B) is not designated as a tier I MPO or tier II MPO.
``(10) Regionally significant.--The term `regionally
significant', with respect to a transportation project,
program, service, or strategy, means a project, program,
service, or strategy that--
``(A) serves regional transportation needs (such as access
to and from the area outside of the region, major activity
centers in the region, and major planned developments); and
``(B) would normally be included in the modeling of a
transportation network of a metropolitan area.
``(11) Rural planning organization.--The term `rural
planning organization' means a voluntary organization of
local elected officials and representatives of local
transportation systems that--
``(A) works in cooperation with the department of
transportation (or equivalent entity) of a State to plan
transportation networks and advise officials of the State on
transportation planning; and
``(B) is located in a rural area--
``(i) with a population of not fewer than 5,000
individuals, as calculated according to the most recent
decennial census; and
``(ii) that is not located in an area represented by a
metropolitan planning organization.
``(12) Statewide transportation improvement program.--The
term `statewide transportation improvement program' means a
statewide transportation improvement program developed by a
State under section 5304(g).
``(13) Statewide transportation plan.--The term `statewide
transportation plan' means a plan developed by a State under
section 5304(f).
``(14) Tier i mpo.--The term `tier I MPO' means a
metropolitan planning organization designated as a tier I MPO
under subsection (e)(4)(A).
``(15) Tier ii mpo.--The term `tier II MPO' means a
metropolitan planning organization designated as a tier II
MPO under subsection (e)(4)(B).
``(16) Transportation improvement program.--The term
`transportation improvement program' means a program
developed by a metropolitan planning organization under
subsection (j).
``(17) Urbanized area.--The term `urbanized area' means a
geographical area with a population of 50,000 or more
individuals, as calculated according to the most recent
decennial census.
``(c) Designation of Metropolitan Planning Organizations.--
``(1) In general.--To carry out the metropolitan
transportation planning process under this section, a
metropolitan planning organization shall be designated for
each urbanized area with a population of 200,000 or more
individuals, as calculated according to the most recent
decennial census--
``(A) by agreement between the applicable Governor and
local officials that, in the aggregate, represent at least 75
percent of the affected population (including the largest
incorporated city (based on population), as calculated
according to the most recent decennial census); or
``(B) in accordance with procedures established by
applicable State or local law.
``(2) Small urbanized areas.--To carry out the metropolitan
transportation planning process under this section, a
metropolitan planning organization may be designated for any
urbanized area with a population of 50,000 or more
individuals, but fewer than 200,000 individuals, as
calculated according to the most recent decennial census--
``(A) by agreement between the applicable Governor and
local officials that, in the aggregate, represent at least 75
percent of the affected population (including the largest
incorporated city (based on population), as calculated
according to the most recent decennial census); and
``(B) with the consent of the Secretary, based on a finding
that the resulting metropolitan planning organization has met
the minimum requirements under subsection (e)(4)(B).
``(3) Structure.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2012, a
metropolitan planning organization shall consist of--
``(A) elected local officials in the relevant metropolitan
area;
``(B) officials of public agencies that administer or
operate major modes of transportation in the relevant
metropolitan area, including providers of public
transportation; and
``(C) appropriate State officials.
``(4) Effect of subsection.--Nothing in this subsection
interferes with any authority under any State law in effect
on December 18, 1991, of a public agency with multimodal
transportation responsibilities--
``(A) to develop the metropolitan transportation plans and
transportation improvement programs for adoption by a
metropolitan planning organization; or
``(B) to develop capital plans, coordinate public
transportation services and projects, or carry out other
activities pursuant to State law.
``(5) Continuing designation.--A designation of an existing
MPO--
``(A) for an urbanized area with a population of 200,000 or
more individuals, as calculated according to the most recent
decennial census, shall remain in effect--
``(i) for the period during which the structure of the
existing MPO complies with the requirements of paragraph (1);
or
``(ii) until the date on which the existing MPO is
redesignated under paragraph (6); and
``(B) for an urbanized area with a population of fewer than
200,000 individuals, as calculated according to the most
recent decennial census, shall remain in effect until the
date on which the existing MPO is redesignated under
paragraph (6) unless--
``(i) the existing MPO requests that its planning
responsibilities be transferred to the State or to another
planning organization designated by the State; or
``(ii)(I) the applicable Governor determines not later than
3 years after the date on which the Secretary issues a rule
pursuant to subsection (e)(4)(B)(i), that the existing MPO is
not meeting the minimum requirements established by the rule;
and
``(II) the Secretary approves the Governor's determination.
``(C) Designation as tier ii mpo.--If the Secretary
determines the existing MPO has met the minimum requirements
under the rule issued under subsection (e)(4)(B)(i), the
Secretary shall designate the existing MPO as a tier II MPO.
``(6) Redesignation.--
``(A) In general.--The designation of a metropolitan
planning organization under this subsection shall remain in
effect until the date on which the metropolitan planning
organization is redesignated, as appropriate, in accordance
with the requirements of this subsection pursuant to an
agreement between--
``(i) the applicable Governor; and
``(ii) affected local officials who, in the aggregate,
represent at least 75 percent of the existing metropolitan
planning area population (including the largest incorporated
city (based on population), as calculated according to the
most recent decennial census).
``(B) Restructuring.--A metropolitan planning organization
may be restructured to meet the requirements of paragraph (3)
without undertaking a redesignation.
``(7) Designation of multiple mpos.--
``(A) In general.--More than 1 metropolitan planning
organization may be designated within an existing
metropolitan planning area only if the applicable Governor
and an existing MPO determine that the size and complexity of
the existing metropolitan planning area make the designation
of more than 1 metropolitan planning organization for the
metropolitan planning area appropriate.
``(B) Service jurisdictions.--If more than 1 metropolitan
planning organization is designated for an existing
metropolitan planning area under subparagraph (A), the
existing metropolitan planning area shall be split into
multiple metropolitan planning areas, each of which shall be
served by the existing MPO or a new metropolitan planning
organization.
``(C) Tier designation.--The tier designation of each
metropolitan planning organization subject to a designation
under this paragraph shall be determined based on the size of
each respective metropolitan planning area, in accordance
with subsection (e)(4).
``(d) Metropolitan Planning Area Boundaries.--
``(1) In general.--For purposes of this section, the
boundaries of a metropolitan planning area shall be
determined by agreement between the applicable metropolitan
planning organization and the Governor of the State in which
the metropolitan planning area is located.
``(2) Included area.--Each metropolitan planning area--
``(A) shall encompass at least the relevant existing
urbanized area and any contiguous area expected to become
urbanized within a

[[Page S1279]]

20-year forecast period under the applicable metropolitan
transportation plan; and
``(B) may encompass the entire relevant metropolitan
statistical area, as defined by the Office of Management and
Budget.
``(3) Identification of new urbanized areas.--The
designation by the Bureau of the Census of a new urbanized
area within the boundaries of an existing metropolitan
planning area shall not require the redesignation of the
relevant existing MPO.
``(4) Nonattainment and maintenance areas.--
``(A) Existing metropolitan planning areas.--
``(i) In general.--Except as provided in clause (ii),
notwithstanding paragraph (2), in the case of an urbanized
area designated as a nonattainment area or maintenance area
as of the date of enactment of the Federal Public
Transportation Act of 2012, the boundaries of the existing
metropolitan planning area as of that date of enactment shall
remain in force and effect.
``(ii) Exception.--Notwithstanding clause (i), the
boundaries of an existing metropolitan planning area
described in that clause may be adjusted by agreement of the
applicable Governor and the affected metropolitan planning
organizations in accordance with subsection (c)(7).
``(B) New metropolitan planning areas.--In the case of an
urbanized area designated as a nonattainment area or
maintenance area after the date of enactment of the Federal
Public Transportation Act of 2012, the boundaries of the
applicable metropolitan planning area--
``(i) shall be established in accordance with subsection
(c)(1);
``(ii) shall encompass the areas described in paragraph
(2)(A);
``(iii) may encompass the areas described in paragraph
(2)(B); and
``(iv) may address any appropriate nonattainment area or
maintenance area.
``(e) Requirements.--
``(1) Development of plans and tips.--To accomplish the
policy objectives described in subsection (a), each
metropolitan planning organization, in cooperation with the
applicable State and public transportation operators, shall
develop metropolitan transportation plans and transportation
improvement programs for metropolitan planning areas of the
State through a performance-driven, outcome-based approach to
metropolitan transportation planning consistent with
subsection (h).
``(2) Contents.--The metropolitan transportation plans and
transportation improvement programs for each metropolitan
area shall provide for the development and integrated
management and operation of transportation systems and
facilities (including accessible pedestrian walkways, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation) that will function as--
``(A) an intermodal transportation system for the
metropolitan planning area; and
``(B) an integral part of an intermodal transportation
system for the applicable State and the United States.
``(3) Process of development.--The process for developing
metropolitan transportation plans and transportation
improvement programs shall--
``(A) provide for consideration of all modes of
transportation; and
``(B) be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation needs to be addressed.
``(4) Tiering.--
``(A) Tier i mpos.--
``(i) In general.--A metropolitan planning organization
shall be designated as a tier I MPO if--

``(I) as certified by the Governor of each applicable
State, the metropolitan planning organization operates
within, and primarily serves, a metropolitan planning area
with a population of 1,000,000 or more individuals, as
calculated according to the most recent decennial census; and
``(II) the Secretary determines the metropolitan planning
organization--

``(aa) meets the minimum technical requirements under
clause (iv); and
``(bb) not later than 2 years after the date of enactment
of the Federal Public Transportation Act of 2012, will fully
implement the processes described in subsections (h) though
(j).
``(ii) Absence of designation.--In the absence of
designation as a tier I MPO under clause (i), a metropolitan
planning organization shall operate as a tier II MPO until
the date on which the Secretary determines the metropolitan
planning organization can meet the minimum technical
requirements under clause (iv).
``(iii) Redesignation as tier i.--A metropolitan planning
organization operating within a metropolitan planning area
with a population of 200,000 or more and fewer than 1,000,000
individuals and primarily within urbanized areas with
populations of 200,000 or more individuals, as calculated
according to the most recent decennial census, that is
designated as a tier II MPO under subparagraph (B) may
request, with the support of the applicable Governor, a
redesignation as a tier I MPO on a determination by the
Secretary that the metropolitan planning organization has met
the minimum technical requirements under clause (iv).
``(iv) Minimum technical requirements.--Not later than 1
year after the date of enactment of the Federal Public
Transportation Act of 2012, the Secretary shall issue a rule
that establishes the minimum technical requirements necessary
for a metropolitan planning organization to be designated as
a tier I MPO, including, at a minimum, modeling, data,
staffing, and other technical requirements.
``(B) Tier ii mpos.--
``(i) In general.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2012,
the Secretary shall issue a rule that establishes minimum
requirements necessary for a metropolitan planning
organization to be designated as a tier II MPO.
``(ii) Requirements.--The minimum requirements established
under clause (i) shall--

``(I) ensure that each metropolitan planning organization
has the capabilities necessary to develop the metropolitan
transportation plan and transportation improvement program
under this section; and
``(II) include--

``(aa) only the staff resources necessary to operate the
metropolitan planning organization; and
``(bb) a requirement that the metropolitan planning
organization has the technical capacity to conduct the
modeling necessary, as appropriate to the size and resources
of the metropolitan planning organization, to fulfill the
requirements of this section, except that in cases in which a
metropolitan planning organization has a formal agreement
with a State to conduct the modeling on behalf of the
metropolitan planning organization, the metropolitan planning
organization shall be exempt from the technical capacity
requirement.
``(iii) Inclusion.--A metropolitan planning organization
operating primarily within an urbanized area with a
population of 200,000 or more individuals, as calculated
according to the most recent decennial census, and that does
not qualify as a tier I MPO under subparagraph (A)(i),
shall--

``(I) be designated as a tier II MPO; and
``(II) follow the processes under subsection (k).

``(C) Consolidation.--
``(i) In general.--Metropolitan planning organizations
operating within contiguous or adjacent urbanized areas may
elect to consolidate in order to meet the population
thresholds required to achieve designation as a tier I or
tier II MPO under this paragraph.
``(ii) Effect of subsection.--Nothing in this subsection
requires or prevents consolidation among multiple
metropolitan planning organizations located within a single
urbanized area.
``(f) Coordination in Multistate Areas.--
``(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a multistate
metropolitan area and the appropriate metropolitan planning
organizations to provide coordinated transportation planning
for the entire metropolitan area.
``(2) Coordination along designated transportation
corridors.--The Secretary shall encourage each Governor with
responsibility for a portion of a multistate metropolitan
area and the appropriate metropolitan planning organizations
to provide coordinated transportation planning for the entire
designated transportation corridor.
``(3) Coordination with interstate compacts.--The Secretary
shall encourage metropolitan planning organizations to take
into consideration, during the development of metropolitan
transportation plans and transportation improvement programs,
any relevant transportation studies concerning planning for
regional transportation (including high-speed and intercity
rail corridor studies, commuter rail corridor studies,
intermodal terminals, and interstate highways) in support of
freight, intercity, or multistate area projects and services
that have been developed pursuant to interstate compacts or
agreements, or by organizations established under section
5304.
``(g) Engagement in Metropolitan Transportation Plan and
TIP Development.--
``(1) Nonattainment and maintenance areas.--If more than 1
metropolitan planning organization has authority within a
metropolitan area, nonattainment area, or maintenance area,
each metropolitan planning organization shall consult with
all other metropolitan planning organizations designated for
the metropolitan area, nonattainment area, or maintenance
area and the State in the development of metropolitan
transportation plans and transportation improvement programs
under this section.
``(2) Transportation improvements located in multiple
metropolitan planning areas.--If a transportation improvement
project funded under this chapter or title 23 is located
within the boundaries of more than 1 metropolitan planning
area, the affected metropolitan planning organizations shall
coordinate metropolitan transportation plans and
transportation improvement programs regarding the project.
``(3) Coordination of adjacent planning organizations.--
``(A) In general.--A metropolitan planning organization
that is adjacent or located in reasonably close proximity to
another metropolitan planning organization shall coordinate
with that metropolitan planning organization with respect to
planning processes, including preparation of metropolitan
transportation plans and transportation improvement programs,
to the maximum extent practicable.

[[Page S1280]]

``(B) Nonmetropolitan planning organizations.--A
metropolitan planning organization that is adjacent or
located in reasonably close proximity to a nonmetropolitan
planning organization shall consult with that nonmetropolitan
planning organization with respect to planning processes, to
the maximum extent practicable.
``(4) Relationship with other planning officials.--
``(A) In general.--The Secretary shall encourage each
metropolitan planning organization to cooperate with Federal,
State, tribal, and local officers and entities responsible
for other types of planning activities that are affected by
transportation in the relevant area (including planned
growth, economic development, infrastructure services,
housing, other public services, environmental protection,
airport operations, high-speed and intercity passenger rail,
freight rail, port access, and freight movements), to the
maximum extent practicable, to ensure that the metropolitan
transportation planning process, metropolitan transportation
plans, and transportation improvement programs are developed
in cooperation with other related planning activities in the
area.
``(B) Inclusion.--Cooperation under subparagraph (A) shall
include the design and delivery of transportation services
within the metropolitan area that are provided by--
``(i) recipients of assistance under sections 202, 203, and
204 of title 23;
``(ii) recipients of assistance under this title;
``(iii) government agencies and nonprofit organizations
(including representatives of the agencies and organizations)
that receive Federal assistance from a source other than the
Department of Transportation to provide nonemergency
transportation services; and
``(iv) sponsors of regionally significant programs,
projects, and services that are related to transportation and
receive assistance from any public or private source.
``(5) Coordination of other federally required planning
programs.--The Secretary shall encourage each metropolitan
planning organization to coordinate, to the maximum extent
practicable, the development of metropolitan transportation
plans and transportation improvement programs with other
relevant federally required planning programs.
``(h) Scope of Planning Process.--
``(1) In general.--The metropolitan transportation planning
process for a metropolitan planning area under this section
shall provide for consideration of projects and strategies
that will--
``(A) support the economic vitality of the metropolitan
area, especially by enabling global competitiveness,
productivity, and efficiency;
``(B) increase the safety of the transportation system for
motorized and nonmotorized users;
``(C) increase the security of the transportation system
for motorized and nonmotorized users;
``(D) increase the accessibility and mobility of
individuals and freight;
``(E) protect and enhance the environment, promote energy
conservation, improve the quality of life, and promote
consistency between transportation improvements and State and
local planned growth and economic development patterns;
``(F) enhance the integration and connectivity of the
transportation system, across and between modes, for
individuals and freight;
``(G) increase efficient system management and operation;
and
``(H) emphasize the preservation of the existing
transportation system.
``(2) Performance-based approach.--
``(A) In general.--The metropolitan transportation planning
process shall provide for the establishment and use of a
performance-based approach to transportation decisionmaking
to support the national goals described in section 5301(c) of
this title and in section 150(b) of title 23.
``(B) Performance targets.--
``(i) Surface transportation performance targets.--

``(I) In general.--Each metropolitan planning organization
shall establish performance targets that address the
performance measures described in sections 119(f), 148(h),
149(k) (where applicable), and 167(i) of title 23, to use in
tracking attainment of critical outcomes for the region of
the metropolitan planning organization.
``(II) Coordination.--Selection of performance targets by a
metropolitan planning organization shall be coordinated with
the relevant State to ensure consistency, to the maximum
extent practicable.

``(ii) Public transportation performance targets.--Each
metropolitan planning organization shall adopt the
performance targets identified by providers of public
transportation pursuant to sections 5326(c) and 5329(d), for
use in tracking attainment of critical outcomes for the
region of the metropolitan planning organization.
``(C) Timing.--Each metropolitan planning organization
shall establish or adopt the performance targets under
subparagraph (B) not later than 90 days after the date on
which the relevant State or provider of public transportation
establishes the performance targets.
``(D) Integration of other performance-based plans.--A
metropolitan planning organization shall integrate in the
metropolitan transportation planning process, directly or by
reference, the goals, objectives, performance measures, and
targets described in other State plans and processes, as well
as asset management and safety plans developed by providers
of public transportation, required as part of a performance-
based program, including plans such as--
``(i) the State National Highway System asset management
plan;
``(ii) asset management plans developed by providers of
public transportation;
``(iii) the State strategic highway safety plan;
``(iv) safety plans developed by providers of public
transportation;
``(v) the congestion mitigation and air quality performance
plan, where applicable;
``(vi) the national freight strategic plan; and
``(vii) the statewide transportation plan.
``(E) Use of performance measures and targets.--The
performance measures and targets established under this
paragraph shall be used, at a minimum, by the relevant
metropolitan planning organization as the basis for
development of policies, programs, and investment priorities
reflected in the metropolitan transportation plan and
transportation improvement program.
``(3) Failure to consider factors.--The failure to take
into consideration 1 or more of the factors specified in
paragraphs (1) and (2) shall not be subject to review by any
court under this chapter, title 23, subchapter II of chapter
5 of title 5, or chapter 7 of title 5 in any matter affecting
a metropolitan transportation plan, a transportation
improvement program, a project or strategy, or the
certification of a planning process.
``(4) Participation by interested parties.--
``(A) In general.--Each metropolitan planning organization
shall provide to affected individuals, public agencies, and
other interested parties notice and a reasonable opportunity
to comment on the metropolitan transportation plan and
transportation improvement program and any relevant
scenarios.
``(B) Contents of participation plan.--Each metropolitan
planning organization shall establish a participation plan
that--
``(i) is developed in consultation with all interested
parties; and
``(ii) provides that all interested parties have reasonable
opportunities to comment on the contents of the metropolitan
transportation plan of the metropolitan planning
organization.
``(C) Methods.--In carrying out subparagraph (A), the
metropolitan planning organization shall, to the maximum
extent practicable--
``(i) develop the metropolitan transportation plan and
transportation improvement program in consultation with
interested parties, as appropriate, including by the
formation of advisory groups representative of the community
and interested parties that participate in the development of
the metropolitan transportation plan and transportation
improvement program;
``(ii) hold any public meetings at times and locations that
are, as applicable--

``(I) convenient; and
``(II) in compliance with the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.);

``(iii) employ visualization techniques to describe
metropolitan transportation plans and transportation
improvement programs; and
``(iv) make public information available in appropriate
electronically accessible formats and means, such as the
Internet, to afford reasonable opportunity for consideration
of public information under subparagraph (A).
``(i) Development of Metropolitan Transportation Plan.--
``(1) Development.--
``(A) In general.--Except as provided in subparagraph (B),
not later than 5 years after the date of enactment of the
Federal Public Transportation Act of 2012, and not less
frequently than once every 5 years thereafter, each
metropolitan planning organization shall prepare and update,
respectively, a metropolitan transportation plan for the
relevant metropolitan planning area in accordance with this
section.
``(B) Exceptions.--A metropolitan planning organization
shall prepare or update, as appropriate, the metropolitan
transportation plan not less frequently than once every 4
years if the metropolitan planning organization is operating
within--
``(i) a nonattainment area; or
``(ii) a maintenance area.
``(2) Other requirements.--A metropolitan transportation
plan under this section shall--
``(A) be in a form that the Secretary determines to be
appropriate;
``(B) have a term of not less than 20 years; and
``(C) contain, at a minimum--
``(i) an identification of the existing transportation
infrastructure, including highways, local streets and roads,
bicycle and pedestrian facilities, public transportation
facilities and services, commuter rail facilities and
services, high-speed and intercity passenger rail facilities
and services, freight facilities (including freight railroad
and port facilities), multimodal and intermodal facilities,
and intermodal connectors that, evaluated in the aggregate,
function as an integrated metropolitan transportation system;
``(ii) a description of the performance measures and
performance targets used in assessing the existing and future
performance of the transportation system in accordance with
subsection (h)(2);

[[Page S1281]]

``(iii) a description of the current and projected future
usage of the transportation system, including a projection
based on a preferred scenario, and further including, to the
extent practicable, an identification of existing or planned
transportation rights-of-way, corridors, facilities, and
related real properties;
``(iv) a system performance report evaluating the existing
and future condition and performance of the transportation
system with respect to the performance targets described in
subsection (h)(2) and updates in subsequent system
performance reports, including--

``(I) progress achieved by the metropolitan planning
organization in meeting the performance targets in comparison
with system performance recorded in previous reports;
``(II) an accounting of the performance of the metropolitan
planning organization on outlay of obligated project funds
and delivery of projects that have reached substantial
completion in relation to--

``(aa) the projects included in the transportation
improvement program; and
``(bb) the projects that have been removed from the
previous transportation improvement program; and

``(III) when appropriate, an analysis of how the preferred
scenario has improved the conditions and performance of the
transportation system and how changes in local policies,
investments, and growth have impacted the costs necessary to
achieve the identified performance targets;

``(v) recommended strategies and investments for improving
system performance over the planning horizon, including
transportation systems management and operations strategies,
maintenance strategies, demand management strategies, asset
management strategies, capacity and enhancement investments,
State and local economic development and land use
improvements, intelligent transportation systems deployment,
and technology adoption strategies, as determined by the
projected support of the performance targets described in
subsection (h)(2);
``(vi) recommended strategies and investments to improve
and integrate disability-related access to transportation
infrastructure, including strategies and investments based on
a preferred scenario, when appropriate;
``(vii) investment priorities for using projected available
and proposed revenues over the short- and long-term stages of
the planning horizon, in accordance with the financial plan
required under paragraph (4);
``(viii) a description of interstate compacts entered into
in order to promote coordinated transportation planning in
multistate areas, if applicable;
``(ix) an optional illustrative list of projects containing
investments that--

``(I) are not included in the metropolitan transportation
plan; but
``(II) would be so included if resources in addition to the
resources identified in the financial plan under paragraph
(4) were available;

``(x) a discussion (developed in consultation with Federal,
State, and tribal wildlife, land management, and regulatory
agencies) of types of potential environmental and stormwater
mitigation activities and potential areas to carry out those
activities, including activities that may have the greatest
potential to restore and maintain the environmental functions
affected by the metropolitan transportation plan; and
``(xi) recommended strategies and investments, including
those developed by the State as part of interstate compacts,
agreements, or organizations, that support intercity
transportation.
``(3) Scenario development.--
``(A) In general.--When preparing the metropolitan
transportation plan, the metropolitan planning organization
may, while fitting the needs and complexity of their
community, develop multiple scenarios for consideration as a
part of the development of the metropolitan transportation
plan, in accordance with subparagraph (B).
``(B) Components of scenarios.--The scenarios--
``(i) shall include potential regional investment
strategies for the planning horizon;
``(ii) shall include assumed distribution of population and
employment;
``(iii) may include a scenario that, to the maximum extent
practicable, maintains baseline conditions for the
performance targets identified in subsection (h)(2);
``(iv) may include a scenario that improves the baseline
conditions for as many of the performance targets under
subsection (h)(2) as possible;
``(v) may include a revenue constrained scenario based on
total revenues reasonably expected to be available over the
20-year planning period and assumed population and
employment; and
``(vi) may include estimated costs and potential revenues
available to support each scenario.
``(C) Metrics.--In addition to the performance targets
identified in subsection (h)(2), scenarios developed under
this paragraph may be evaluated using locally developed
metrics for the following categories:
``(i) Congestion and mobility, including transportation use
by mode.
``(ii) Freight movement.
``(iii) Safety.
``(iv) Efficiency and costs to taxpayers.
``(4) Financial plan.--A financial plan referred to in
paragraph (2)(C)(vii) shall--
``(A) be prepared by each metropolitan planning
organization to support the metropolitan transportation plan;
and
``(B) contain a description of--
``(i) the projected resource requirements for implementing
projects, strategies, and services recommended in the
metropolitan transportation plan, including existing and
projected system operating and maintenance needs, proposed
enhancement and expansions to the system, projected available
revenue from Federal, State, local, and private sources, and
innovative financing techniques to finance projects and
programs;
``(ii) the projected difference between costs and revenues,
and strategies for securing additional new revenue (such as
by capture of some of the economic value created by any new
investment);
``(iii) estimates of future funds, to be developed
cooperatively by the metropolitan planning organization, any
public transportation agency, and the State, that are
reasonably expected to be available to support the investment
priorities recommended in the metropolitan transportation
plan; and
``(iv) each applicable project only if full funding can
reasonably be anticipated to be available for the project
within the time period contemplated for completion of the
project.
``(5) Coordination with clean air act agencies.--The
metropolitan planning organization for any metropolitan area
that is a nonattainment area or maintenance area shall
coordinate the development of a transportation plan with the
process for development of the transportation control
measures of the State implementation plan required by the
Clean Air Act (42 U.S.C. 7401 et seq.).
``(6) Publication.--On approval by the relevant
metropolitan planning organization, a metropolitan
transportation plan involving Federal participation shall be,
at such times and in such manner as the Secretary shall
require--
``(A) published or otherwise made readily available by the
metropolitan planning organization for public review,
including (to the maximum extent practicable) in
electronically accessible formats and means, such as the
Internet; and
``(B) submitted for informational purposes to the
applicable Governor.
``(7) Consultation.--
``(A) In general.--In each metropolitan area, the
metropolitan planning organization shall consult, as
appropriate, with Federal, State, tribal, and local agencies
responsible for land use management, natural resources,
environmental protection, conservation, and historic
preservation concerning the development of a metropolitan
transportation plan.
``(B) Issues.--The consultation under subparagraph (A)
shall involve, as available, consideration of--
``(i) metropolitan transportation plans with Federal,
State, tribal, and local conservation plans or maps; and
``(ii) inventories of natural or historic resources.
``(8) Selection of projects from illustrative list.--
Notwithstanding paragraph (4), a State or metropolitan
planning organization shall not be required to select any
project from the illustrative list of additional projects
included in the metropolitan transportation plan under
paragraph (2)(C)(ix).
``(j) Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--In cooperation with the applicable State
and any affected public transportation operator, the
metropolitan planning organization designated for a
metropolitan area shall develop a transportation improvement
program for the metropolitan planning area that--
``(i) contains projects consistent with the current
metropolitan transportation plan;
``(ii) reflects the investment priorities established in
the current metropolitan transportation plan; and
``(iii) once implemented, will make significant progress
toward achieving the performance targets established under
subsection (h)(2).
``(B) Opportunity for participation.--In developing the
transportation improvement program, the metropolitan planning
organization, in cooperation with the State and any affected
public transportation operator, shall provide an opportunity
for participation by interested parties, in accordance with
subsection (h)(4).
``(C) Updating and approval.--The transportation
improvement program shall be--
``(i) updated not less frequently than once every 4 years,
on a cycle compatible with the development of the relevant
statewide transportation improvement program under section
5304; and
``(ii) approved by the applicable Governor.
``(2) Contents.--
``(A) Priority list.--The transportation improvement
program shall include a priority list of proposed federally
supported projects and strategies to be carried out during
the 4-year period beginning on the date of adoption of the
transportation improvement program, and each 4-year period
thereafter, using existing and reasonably available revenues
in accordance with the financial plan under paragraph (3).
``(B) Descriptions.--Each project described in the
transportation improvement program shall include sufficient
descriptive material (such as type of work, termini, length,
and other similar factors) to identify the project or phase
of the project and the effect that

[[Page S1282]]

the project or project phase will have in addressing the
performance targets described in subsection (h)(2).
``(C) Performance target achievement.--The transportation
improvement program shall include, to the maximum extent
practicable, a description of the anticipated effect of the
transportation improvement program on attainment of the
performance targets established in the metropolitan
transportation plan, linking investment priorities to those
performance targets.
``(D) Illustrative list of projects.--In developing a
transportation improvement program, an optional illustrative
list of projects may be prepared containing additional
investment priorities that--
``(i) are not included in the transportation improvement
program; but
``(ii) would be so included if resources in addition to the
resources identified in the financial plan under paragraph
(3) were available.
``(3) Financial plan.--A financial plan referred to in
paragraph (2)(D)(ii) shall--
``(A) be prepared by each metropolitan planning
organization to support the transportation improvement
program; and
``(B) contain a description of--
``(i) the projected resource requirements for implementing
projects, strategies, and services recommended in the
transportation improvement program, including existing and
projected system operating and maintenance needs, proposed
enhancement and expansions to the system, projected available
revenue from Federal, State, local, and private sources, and
innovative financing techniques to finance projects and
programs;
``(ii) the projected difference between costs and revenues,
and strategies for securing additional new revenue (such as
by capture of some of the economic value created by any new
investment);
``(iii) estimates of future funds, to be developed
cooperatively by the metropolitan planning organization, any
public transportation agency, and the State, that are
reasonably expected to be available to support the investment
priorities recommended in the transportation improvement
program; and
``(iv) each applicable project, only if full funding can
reasonably be anticipated to be available for the project
within the time period contemplated for completion of the
project.
``(4) Included projects.--
``(A) Projects under this chapter and title 23.--A
transportation improvement program developed under this
subsection for a metropolitan area shall include a
description of the projects within the area that are proposed
for funding under this chapter and chapter 1 of title 23.
``(B) Projects under chapter 2.--
``(i) Regionally significant.--Each regionally significant
project proposed for funding under chapter 2 of title 23
shall be identified individually in the transportation
improvement program.
``(ii) Nonregionally significant.--A description of each
project proposed for funding under chapter 2 of title 23 that
is not determined to be regionally significant shall be
contained in 1 line item or identified individually in the
transportation improvement program.
``(5) Opportunity for participation.--Before approving a
transportation improvement program, a metropolitan planning
organization, in cooperation with the State and any affected
public transportation operator, shall provide an opportunity
for participation by interested parties in the development of
the transportation improvement program, in accordance with
subsection (h)(4).
``(6) Selection of projects.--
``(A) In general.--Each tier I MPO and tier II MPO shall
select projects carried out within the boundaries of the
applicable metropolitan planning area from the transportation
improvement program, in consultation with the relevant State
and on concurrence of the affected facility owner, for funds
apportioned to the State under section 104(b)(2) of title 23
and suballocated to the metropolitan planning area under
section 133(d) of title 23.
``(B) Projects under chapter 53.--In the case of projects
under this chapter, the selection of federally funded
projects in metropolitan areas shall be carried out, from the
approved transportation improvement program, by the
designated recipients of public transportation funding in
cooperation with the metropolitan planning organization.
``(C) Congestion mitigation and air quality projects.--Each
tier I MPO shall select projects carried out within the
boundaries of the applicable metropolitan planning area from
the transportation improvement program, in consultation with
the relevant State and on concurrence of the affected
facility owner, for funds apportioned to the State under
section 104(b)(4) of title 23 and suballocated to the
metropolitan planning area under section 149(j) of title 23.
``(D) Modifications to project priority.--Notwithstanding
any other provision of law, approval by the Secretary shall
not be required to carry out a project included in a
transportation improvement program in place of another
project in the transportation improvement program.
``(7) Publication.--
``(A) In general.--A transportation improvement program
shall be published or otherwise made readily available by the
applicable metropolitan planning organization for public
review in electronically accessible formats and means, such
as the Internet.
``(B) Annual list of projects.--An annual list of projects,
including investments in pedestrian walkways, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation, for which Federal funds
have been obligated during the preceding fiscal year shall be
published or otherwise made available by the cooperative
effort of the State, public transportation operator, and
metropolitan planning organization in electronically
accessible formats and means, such as the Internet, in a
manner that is consistent with the categories identified in
the relevant transportation improvement program.
``(k) Planning Requirements for Tier II MPOs.--
``(1) In general.--The Secretary may provide for the
performance-based development of a metropolitan
transportation plan and transportation improvement program
for the metropolitan planning area of a tier II MPO, as the
Secretary determines to be appropriate, taking into account--
``(A) the complexity of transportation needs in the area;
and
``(B) the technical capacity of the metropolitan planning
organization.
``(2) Evaluation of performance-based planning.--In
reviewing a tier II MPO under subsection (m), the Secretary
shall take into consideration the effectiveness of the tier
II MPO in implementing and maintaining a performance-based
planning process that--
``(A) addresses the performance targets described in
subsection (h)(2); and
``(B) demonstrates progress on the achievement of those
performance targets.
``(l) Certification.--
``(1) In general.--The Secretary shall--
``(A) ensure that the metropolitan transportation planning
process of a metropolitan planning organization is being
carried out in accordance with applicable Federal law; and
``(B) subject to paragraph (2), certify, not less
frequently than once every 4 years, that the requirements of
subparagraph (A) are met with respect to the metropolitan
transportation planning process.
``(2) Requirements for certification.--The Secretary may
make a certification under paragraph (1)(B) if--
``(A) the metropolitan transportation planning process
complies with the requirements of this section and other
applicable Federal law;
``(B) representation on the metropolitan planning
organization board includes officials of public agencies that
administer or operate major modes of transportation in the
relevant metropolitan area, including providers of public
transportation; and
``(C) a transportation improvement program for the
metropolitan planning area has been approved by the relevant
metropolitan planning organization and applicable Governor.
``(3) Delegation of authority.--The Secretary may--
``(A) delegate to the appropriate State fact-finding
authority regarding the certification of a tier II MPO under
this subsection; and
``(B) make the certification under paragraph (1) in
consultation with the State.
``(4) Effect of failure to certify.--
``(A) Withholding of project funds.--If a metropolitan
transportation planning process of a metropolitan planning
organization is not certified under paragraph (1), the
Secretary may withhold up to 20 percent of the funds
attributable to the metropolitan planning area of the
metropolitan planning organization for projects funded under
this chapter and title 23.
``(B) Restoration of withheld funds.--Any funds withheld
under subparagraph (A) shall be restored to the metropolitan
planning area on the date of certification of the
metropolitan transportation planning process by the
Secretary.
``(5) Public involvement.--In making a determination
regarding certification under this subsection, the Secretary
shall provide for public involvement appropriate to the
metropolitan planning area under review.
``(m) Performance-based Planning Processes Evaluation.--
``(1) In general.--The Secretary shall establish criteria
to evaluate the effectiveness of the performance-based
planning processes of metropolitan planning organizations
under this section, taking into consideration the following:
``(A) The extent to which the metropolitan planning
organization has achieved, or is currently making substantial
progress toward achieving, the performance targets specified
in subsection (h)(2), taking into account whether the
metropolitan planning organization developed meaningful
performance targets.
``(B) The extent to which the metropolitan planning
organization has used proven best practices that help ensure
transportation investment that is efficient and cost-
effective.
``(C) The extent to which the metropolitan planning
organization--
``(i) has developed an investment process that relies on
public input and awareness to ensure that investments are
transparent and accountable; and
``(ii) provides regular reports allowing the public to
access the information being collected in a format that
allows the public to meaningfully assess the performance of
the metropolitan planning organization.
``(2) Report.--
``(A) In general.--Not later than 5 years after the date of
enactment of the Federal

[[Page S1283]]

Public Transportation Act of 2012, the Secretary shall submit
to Congress a report evaluating--
``(i) the overall effectiveness of performance-based
planning as a tool for guiding transportation investments;
and
``(ii) the effectiveness of the performance-based planning
process of each metropolitan planning organization under this
section.
``(B) Publication.--The report under subparagraph (A) shall
be published or otherwise made available in electronically
accessible formats and means, including on the Internet.
``(n) Additional Requirements for Certain Nonattainment
Areas.--
``(1) In general.--Notwithstanding any other provision of
this chapter or title 23, Federal funds may not be advanced
in any metropolitan planning area classified as a
nonattainment area or maintenance area for any highway
project that will result in a significant increase in the
carrying capacity for single-occupant vehicles, unless the
owner or operator of the project demonstrates that the
project will achieve or make substantial progress toward
achieving the performance targets described in subsection
(h)(2).
``(2) Applicability.--This subsection applies to any
nonattainment area or maintenance area within the boundaries
of a metropolitan planning area, as determined under
subsection (d).
``(o) Effect of Section.--Nothing in this section provides
to any metropolitan planning organization the authority to
impose any legal requirement on any transportation facility,
provider, or project not subject to the requirements of this
chapter or title 23.
``(p) Funding.--Funds apportioned under section 104(b)(6)
of title 23 and set aside under section 5305(g) of this title
shall be available to carry out this section.
``(q) Continuation of Current Review Practice.--
``(1) In general.--In consideration of the factors
described in paragraph (2), any decision by the Secretary
concerning a metropolitan transportation plan or
transportation improvement program shall not be considered to
be a Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) Description of factors.--The factors referred to in
paragraph (1) are that--
``(A) metropolitan transportation plans and transportation
improvement programs are subject to a reasonable opportunity
for public comment;
``(B) the projects included in metropolitan transportation
plans and transportation improvement programs are subject to
review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
``(C) decisions by the Secretary concerning metropolitan
transportation plans and transportation improvement programs
have not been reviewed under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) as of January 1,
1997.
``(r) Schedule for Implementation.--The Secretary shall
issue guidance on a schedule for implementation of the
changes made by this section, taking into consideration the
established planning update cycle for metropolitan planning
organizations. The Secretary shall not require a metropolitan
planning organization to deviate from its established
planning update cycle to implement changes made by this
section. Metropolitan planning organizations shall reflect
changes made to their transportation plan or transportation
improvement program updates not later than 2 years after the
date of issuance of guidance by the Secretary.''.
(b) Pilot Program for Transit-oriented Development
Planning.--
(1) Definitions.--In this subsection the following
definitions shall apply:
(A) Eligible project.--The term ``eligible project'' means
a new fixed guideway capital project or a core capacity
improvement project, as those terms are defined in section
5309 of title 49, United States Code, as amended by this
division.
(B) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(2) General authority.--The Secretary may make grants under
this subsection to a State or local governmental authority to
assist in financing comprehensive planning associated with an
eligible project that seeks to--
(A) enhance economic development, ridership, and other
goals established during the project development and
engineering processes;
(B) facilitate multimodal connectivity and accessibility;
(C) increase access to transit hubs for pedestrian and
bicycle traffic;
(D) enable mixed-use development;
(E) identify infrastructure needs associated with the
eligible project; and
(F) include private sector participation.
(3) Eligibility.--A State or local governmental authority
that desires to participate in the program under this
subsection shall submit to the Secretary an application that
contains, at a minimum--
(A) identification of an eligible project;
(B) a schedule and process for the development of a
comprehensive plan;
(C) a description of how the eligible project and the
proposed comprehensive plan advance the metropolitan
transportation plan of the metropolitan planning
organization;
(D) proposed performance criteria for the development and
implementation of the comprehensive plan; and
(E) identification of--
(i) partners;
(ii) availability of and authority for funding; and
(iii) potential State, local or other impediments to the
implementation of the comprehensive plan.

SEC. 20006. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION
PLANNING.

Section 5304 of title 49, United States Code, is amended to
read as follows:

``Sec.  5304. Statewide and nonmetropolitan transportation
planning

``(a) Statewide Transportation Plans and STIPs.--
``(1) Development.--
``(A) In general.--To accomplish the policy objectives
described in section 5303(a), each State shall develop a
statewide transportation plan and a statewide transportation
improvement program for all areas of the State in accordance
with this section.
``(B) Incorporation of metropolitan transportation plans
and tips.--Each State shall incorporate in the statewide
transportation plan and statewide transportation improvement
program, without change or by reference, the metropolitan
transportation plans and transportation improvement programs,
respectively, for each metropolitan planning area in the
State.
``(C) Nonmetropolitan areas.--Each State shall coordinate
with local officials in small urbanized areas with a
population of 50,000 or more individuals, but fewer than
200,000 individuals, as calculated according to the most
recent decennial census, and nonurbanized areas of the State
in preparing the nonmetropolitan portions of statewide
transportation plans and statewide transportation improvement
programs.
``(2) Contents.--The statewide transportation plan and
statewide transportation improvement program developed for
each State shall provide for the development and integrated
management and operation of transportation systems and
facilities (including accessible pedestrian walkways, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation) that will function as--
``(A) an intermodal transportation system for the State;
and
``(B) an integral part of an intermodal transportation
system for the United States.
``(3) Process.--The process for developing the statewide
transportation plan and statewide transportation improvement
program shall--
``(A) provide for consideration of all modes of
transportation; and
``(B) be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation needs to be addressed.
``(b) Coordination and Consultation.--
``(1) In general.--Each State shall--
``(A) coordinate planning carried out under this section
with--
``(i) the transportation planning activities carried out
under section 5303 for metropolitan areas of the State; and
``(ii) statewide trade and economic development planning
activities and related multistate planning efforts;
``(B) coordinate planning carried out under this section
with the transportation planning activities carried out by
each nonmetropolitan planning organization in the State, as
applicable;
``(C) coordinate planning carried out under this section
with the transportation planning activities carried out by
each rural planning organization in the State, as applicable;
and
``(D) develop the transportation portion of the State
implementation plan as required by the Clean Air Act (42
U.S.C. 7401 et seq.).
``(2) Multistate areas.--
``(A) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a multistate
metropolitan planning area and the appropriate metropolitan
planning organizations to provide coordinated transportation
planning for the entire metropolitan area.
``(B) Coordination along designated transportation
corridors.--The Secretary shall encourage each Governor with
responsibility for a portion of a multistate transportation
corridor to provide coordinated transportation planning for
the entire designated corridor.
``(C) Interstate compacts.--For purposes of this section,
any 2 or more States--
``(i) may enter into compacts, agreements, or organizations
not in conflict with any Federal law for cooperative efforts
and mutual assistance in support of activities authorized
under this section, as the activities relate to interstate
areas and localities within the States;
``(ii) may establish such agencies (joint or otherwise) as
the States determine to be appropriate for ensuring the
effectiveness of the agreements and compacts; and
``(iii) are encouraged to enter into such compacts,
agreements, or organizations as are appropriate to develop
planning documents in support of intercity or multistate area
projects, facilities, and services, the relevant components
of which shall be reflected in statewide transportation
improvement programs and statewide transportation plans.
``(D) Reservation of rights.--The right to alter, amend, or
repeal any interstate compact or agreement entered into under
this subsection is expressly reserved.
``(c) Relationship With Other Planning Officials.--

[[Page S1284]]

``(1) In general.--The Secretary shall encourage each State
to cooperate with Federal, State, tribal, and local officers
and entities responsible for other types of planning
activities that are affected by transportation in the
relevant area (including planned growth, economic
development, infrastructure services, housing, other public
services, environmental protection, airport operations, high-
speed and intercity passenger rail, freight rail, port
access, and freight movements), to the maximum extent
practicable, to ensure that the statewide and nonmetropolitan
planning process, statewide transportation plans, and
statewide transportation improvement programs are developed
with due consideration for other related planning activities
in the State.
``(2) Inclusion.--Cooperation under paragraph (1) shall
include the design and delivery of transportation services
within the State that are provided by--
``(A) recipients of assistance under sections 202, 203, and
204 of title 23;
``(B) recipients of assistance under this chapter;
``(C) government agencies and nonprofit organizations
(including representatives of the agencies and organizations)
that receive Federal assistance from a source other than the
Department of Transportation to provide nonemergency
transportation services; and
``(D) sponsors of regionally significant programs,
projects, and services that are related to transportation and
receive assistance from any public or private source.
``(d) Scope of Planning Process.--
``(1) In general.--The statewide transportation planning
process for a State under this section shall provide for
consideration of projects, strategies, and services that
will--
``(A) support the economic vitality of the United States,
the State, nonmetropolitan areas, and metropolitan areas,
especially by enabling global competitiveness, productivity,
and efficiency;
``(B) increase the safety of the transportation system for
motorized and nonmotorized users;
``(C) increase the security of the transportation system
for motorized and nonmotorized users;
``(D) increase the accessibility and mobility of
individuals and freight;
``(E) protect and enhance the environment, promote energy
conservation, improve the quality of life, and promote
consistency between transportation improvements and State and
local planned growth and economic development patterns;
``(F) enhance the integration and connectivity of the
transportation system, across and between modes, for
individuals and freight;
``(G) increase efficient system management and operation;
and
``(H) emphasize the preservation of the existing
transportation system.
``(2) Performance-based approach.--
``(A) In general.--The statewide transportation planning
process shall provide for the establishment and use of a
performance-based approach to transportation decisionmaking
to support the national goals described in section 5301(c) of
this title and in section 150(b) of title 23.
``(B) Surface transportation performance targets.--
``(i) In general.--Each State shall establish performance
targets that address the performance measures described in
sections 119(f), 148(h), and 167(i) of title 23 to use in
tracking attainment of critical outcomes for the region of
the State.
``(ii) Coordination.--Selection of performance targets by a
State shall be coordinated with relevant metropolitan
planning organizations to ensure consistency, to the maximum
extent practicable.
``(C) Public transportation performance targets.--For
providers of public transportation operating in urbanized
areas with a population of fewer than 200,000 individuals, as
calculated according to the most recent decennial census, and
not represented by a metropolitan planning organization, each
State shall adopt the performance targets identified by such
providers of public transportation pursuant to sections
5326(c) and 5329(d), for use in tracking attainment of
critical outcomes for the region of the metropolitan planning
organization.
``(D) Integration of other performance-based plans.--A
State shall integrate into the statewide transportation
planning process, directly or by reference, the goals,
objectives, performance measures, and performance targets
described in this paragraph in other State plans and
processes, and asset management and safety plans developed by
providers of public transportation in urbanized areas with a
population of fewer than 200,000 individuals, as calculated
according to the most recent decennial census, and not
represented by a metropolitan planning organization, required
as part of a performance-based program, including plans such
as--
``(i) the State National Highway System asset management
plan;
``(ii) asset management plans developed by providers of
public transportation;
``(iii) the State strategic highway safety plan;
``(iv) safety plans developed by providers of public
transportation; and
``(v) the national freight strategic plan.
``(E) Use of performance measures and targets.--The
performance measures and targets established under this
paragraph shall be used, at a minimum, by a State as the
basis for development of policies, programs, and investment
priorities reflected in the statewide transportation plan and
statewide transportation improvement program.
``(3) Failure to consider factors.--The failure to take
into consideration 1 or more of the factors specified in
paragraphs (1) and (2) shall not be subject to review by any
court under this chapter, title 23, subchapter II of chapter
5 of title 5, or chapter 7 of title 5 in any matter affecting
a statewide transportation plan, a statewide transportation
improvement program, a project or strategy, or the
certification of a planning process.
``(4) Participation by interested parties.--
``(A) In general.--Each State shall provide to affected
individuals, public agencies, and other interested parties
notice and a reasonable opportunity to comment on the
statewide transportation plan and statewide transportation
improvement program.
``(B) Methods.--In carrying out subparagraph (A), the State
shall, to the maximum extent practicable--
``(i) develop the statewide transportation plan and
statewide transportation improvement program in consultation
with interested parties, as appropriate, including by the
formation of advisory groups representative of the State and
interested parties that participate in the development of the
statewide transportation plan and statewide transportation
improvement program;
``(ii) hold any public meetings at times and locations that
are, as applicable--

``(I) convenient; and
``(II) in compliance with the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.);

``(iii) employ visualization techniques to describe
statewide transportation plans and statewide transportation
improvement programs; and
``(iv) make public information available in appropriate
electronically accessible formats and means, such as the
Internet, to afford reasonable opportunity for consideration
of public information under subparagraph (A).
``(e) Coordination and Consultation.--
``(1) Metropolitan areas.--
``(A) In general.--Each State shall develop a statewide
transportation plan and statewide transportation improvement
program for each metropolitan area in the State by
incorporating, without change or by reference, at a minimum,
as prepared by each metropolitan planning organization
designated for the metropolitan area under section 5303--
``(i) all regionally significant projects to be carried out
during the 10-year period beginning on the effective date of
the relevant existing metropolitan transportation plan; and
``(ii) all projects to be carried out during the 4-year
period beginning on the effective date of the relevant
transportation improvement program.
``(B) Projected costs.--Each metropolitan planning
organization shall provide to each applicable State a
description of the projected costs of implementing the
projects included in the metropolitan transportation plan of
the metropolitan planning organization for purposes of
metropolitan financial planning and fiscal constraint.
``(2) Nonmetropolitan areas.--With respect to
nonmetropolitan areas in a State, the statewide
transportation plan and statewide transportation improvement
program of the State shall be developed in coordination with
affected nonmetropolitan local officials with responsibility
for transportation, including providers of public
transportation.
``(3) Indian tribal areas.--With respect to each area of a
State under the jurisdiction of an Indian tribe, the
statewide transportation plan and statewide transportation
improvement program of the State shall be developed in
consultation with--
``(A) the tribal government; and
``(B) the Secretary of the Interior.
``(4) Federal land management agencies.--With respect to
each area of a State under the jurisdiction of a Federal land
management agency, the statewide transportation plan and
statewide transportation improvement program of the State
shall be developed in consultation with the relevant Federal
land management agency.
``(5) Consultation, comparison, and consideration.--
``(A) In general.--A statewide transportation plan shall be
developed, as appropriate, in consultation with Federal,
State, tribal, and local agencies responsible for land use
management, natural resources, infrastructure permitting,
environmental protection, conservation, and historic
preservation.
``(B) Comparison and consideration.--Consultation under
subparagraph (A) shall involve the comparison of statewide
transportation plans to, as available--
``(i) Federal, State, tribal, and local conservation plans
or maps; and
``(ii) inventories of natural or historic resources.
``(f) Statewide Transportation Plan.--
``(1) Development.--
``(A) In general.--Each State shall develop a statewide
transportation plan, the forecast period of which shall be
not less than 20 years for all areas of the State, that
provides for the development and implementation of the
intermodal transportation system of the State.
``(B) Initial period.--A statewide transportation plan
shall include, at a minimum, for the first 10-year period of
the statewide transportation plan, the identification of
existing and future transportation facilities

[[Page S1285]]

that will function as an integrated statewide transportation
system, giving emphasis to those facilities that serve
important national, statewide, and regional transportation
functions.
``(C) Subsequent period.--For the second 10-year period of
the statewide transportation plan (referred to in this
subsection as the `outer years period'), a statewide
transportation plan--
``(i) may include identification of future transportation
facilities; and
``(ii) shall describe the policies and strategies that
provide for the development and implementation of the
intermodal transportation system of the State.
``(D) Other requirements.--A statewide transportation plan
shall--
``(i) include, for the 20-year period covered by the
statewide transportation plan, a description of--

``(I) the projected aggregate cost of projects anticipated
by a State to be implemented; and
``(II) the revenues necessary to support the projects;

``(ii) include, in such form as the Secretary determines to
be appropriate, a description of--

``(I) the existing transportation infrastructure, including
an identification of highways, local streets and roads,
bicycle and pedestrian facilities, public transportation
facilities and services, commuter rail facilities and
services, high-speed and intercity passenger rail facilities
and services, freight facilities (including freight railroad
and port facilities), multimodal and intermodal facilities,
and intermodal connectors that, evaluated in the aggregate,
function as an integrated transportation system;
``(II) the performance measures and performance targets
used in assessing the existing and future performance of the
transportation system described in subsection (d)(2);
``(III) the current and projected future usage of the
transportation system, including, to the maximum extent
practicable, an identification of existing or planned
transportation rights-of-way, corridors, facilities, and
related real properties;
``(IV) a system performance report evaluating the existing
and future condition and performance of the transportation
system with respect to the performance targets described in
subsection (d)(2) and updates to subsequent system
performance reports, including--

``(aa) progress achieved by the State in meeting
performance targets, as compared to system performance
recorded in previous reports; and
``(bb) an accounting of the performance by the State on
outlay of obligated project funds and delivery of projects
that have reached substantial completion, in relation to the
projects currently on the statewide transportation
improvement program and those projects that have been removed
from the previous statewide transportation improvement
program;

``(V) recommended strategies and investments for improving
system performance over the planning horizon, including
transportation systems management and operations strategies,
maintenance strategies, demand management strategies, asset
management strategies, capacity and enhancement investments,
land use improvements, intelligent transportation systems
deployment and technology adoption strategies as determined
by the projected support of performance targets described in
subsection (d)(2);
``(VI) recommended strategies and investments to improve
and integrate disability-related access to transportation
infrastructure;
``(VII) investment priorities for using projected available
and proposed revenues over the short- and long-term stages of
the planning horizon, in accordance with the financial plan
required under paragraph (2);
``(VIII) a description of interstate compacts entered into
in order to promote coordinated transportation planning in
multistate areas, if applicable;
``(IX) an optional illustrative list of projects containing
investments that--

``(aa) are not included in the statewide transportation
plan; but
``(bb) would be so included if resources in addition to the
resources identified in the financial plan under paragraph
(2) were available;

``(X) a discussion (developed in consultation with Federal,
State, and tribal wildlife, land management, and regulatory
agencies) of types of potential environmental and stormwater
mitigation activities and potential areas to carry out those
activities, including activities that may have the greatest
potential to restore and maintain the environmental functions
affected by the statewide transportation plan; and
``(XI) recommended strategies and investments, including
those developed by the State as part of interstate compacts,
agreements, or organizations, that support intercity
transportation; and

``(iii) be updated by the State not less frequently than
once every 5 years.
``(2) Financial plan.--A financial plan referred to in
paragraph (1)(D)(ii)(VII) shall--
``(A) be prepared by each State to support the statewide
transportation plan; and
``(B) contain a description of--
``(i) the projected resource requirements during the 20-
year planning horizon for implementing projects, strategies,
and services recommended in the statewide transportation
plan, including existing and projected system operating and
maintenance needs, proposed enhancement and expansions to the
system, projected available revenue from Federal, State,
local, and private sources, and innovative financing
techniques to finance projects and programs;
``(ii) the projected difference between costs and revenues,
and strategies for securing additional new revenue (such as
by capture of some of the economic value created by any new
investment);
``(iii) estimates of future funds, to be developed
cooperatively by the State, any public transportation agency,
and relevant metropolitan planning organizations, that are
reasonably expected to be available to support the investment
priorities recommended in the statewide transportation plan;
``(iv) each applicable project, only if full funding can
reasonably be anticipated to be available for the project
within the time period contemplated for completion of the
project; and
``(v) aggregate cost ranges or bands, subject to the
condition that any future funding source shall be reasonably
expected to be available to support the projected cost ranges
or bands, for the outer years period of the statewide
transportation plan.
``(3) Coordination with clean air act agencies.--For any
nonmetropolitan area that is a nonattainment area or
maintenance area, the State shall coordinate the development
of the statewide transportation plan with the process for
development of the transportation control measures of the
State implementation plan required by the Clean Air Act (42
U.S.C. 7401 et seq.).
``(4) Publication.--A statewide transportation plan
involving Federal and non-Federal participation programs,
projects, and strategies shall be published or otherwise made
readily available by the State for public review, including
(to the maximum extent practicable) in electronically
accessible formats and means, such as the Internet, in such
manner as the Secretary shall require.
``(5) Selection of projects from illustrative list.--
Notwithstanding paragraph (2), a State shall not be required
to select any project from the illustrative list of
additional projects included in the statewide transportation
plan under paragraph (1)(D)(ii)(IX).
``(g) Statewide Transportation Improvement Programs.--
``(1) Development.--
``(A) In general.--In cooperation with nonmetropolitan
officials with responsibility for transportation and affected
public transportation operators, the State shall develop a
statewide transportation improvement program for the State
that--
``(i) includes projects consistent with the statewide
transportation plan;
``(ii) reflects the investment priorities established in
the statewide transportation plan; and
``(iii) once implemented, makes significant progress toward
achieving the performance targets described in subsection
(d)(2).
``(B) Opportunity for participation.--In developing a
statewide transportation improvement program, the State, in
cooperation with affected public transportation operators,
shall provide an opportunity for participation by interested
parties in the development of the statewide transportation
improvement program, in accordance with subsection (e).
``(C) Other requirements.--
``(i) In general.--A statewide transportation improvement
program shall--

``(I) cover a period of not less than 4 years; and
``(II) be updated not less frequently than once every 4
years, or more frequently, as the Governor determines to be
appropriate.

``(ii) Incorporation of tips.--A statewide transportation
improvement program shall incorporate any relevant
transportation improvement program developed by a
metropolitan planning organization under section 5303,
without change.
``(iii) Projects.--Each project included in a statewide
transportation improvement program shall be--

``(I) consistent with the statewide transportation plan
developed under this section for the State;
``(II) identical to a project or phase of a project
described in a relevant transportation improvement program;
and
``(III) for any project located in a nonattainment area or
maintenance area, carried out in accordance with the
applicable State air quality implementation plan developed
under the Clean Air Act (42 U.S.C. 7401 et seq.).

``(2) Contents.--
``(A) Priority list.--A statewide transportation
improvement program shall include a priority list of proposed
federally supported projects and strategies, to be carried
out during the 4-year period beginning on the date of
adoption of the statewide transportation improvement program,
and during each 4-year period thereafter, using existing and
reasonably available revenues in accordance with the
financial plan under paragraph (3).
``(B) Descriptions.--Each project or phase of a project
included in a statewide transportation improvement program
shall include sufficient descriptive material (such as type
of work, termini, length, estimated completion date, and
other similar factors) to identify--
``(i) the project or project phase; and
``(ii) the effect that the project or project phase will
have in addressing the performance targets described in
subsection (d)(2).

[[Page S1286]]

``(C) Performance target achievement.--A statewide
transportation improvement program shall include, to the
maximum extent practicable, a discussion of the anticipated
effect of the statewide transportation improvement program
toward achieving the performance targets established in the
statewide transportation plan, linking investment priorities
to those performance targets.
``(D) Illustrative list of projects.--An optional
illustrative list of projects may be prepared containing
additional investment priorities that--
``(i) are not included in the statewide transportation
improvement program; but
``(ii) would be so included if resources in addition to the
resources identified in the financial plan under paragraph
(3) were available.
``(3) Financial plan.--A financial plan referred to in
paragraph (2)(D)(ii) shall--
``(A) be prepared by each State to support the statewide
transportation improvement program; and
``(B) contain a description of--
``(i) the projected resource requirements for implementing
projects, strategies, and services recommended in the
statewide transportation improvement program, including
existing and projected system operating and maintenance
needs, proposed enhancement and expansions to the system,
projected available revenue from Federal, State, local, and
private sources, and innovative financing techniques to
finance projects and programs;
``(ii) the projected difference between costs and revenues,
and strategies for securing additional new revenue (such as
by capture of some of the economic value created by any new
investment);
``(iii) estimates of future funds, to be developed
cooperatively by the State and relevant metropolitan planning
organizations and public transportation agencies, that are
reasonably expected to be available to support the investment
priorities recommended in the statewide transportation
improvement program; and
``(iv) each applicable project, only if full funding can
reasonably be anticipated to be available for the project
within the time period contemplated for completion of the
project.
``(4) Included projects.--
``(A) Projects under this chapter and title 23.--A
statewide transportation improvement program developed under
this subsection for a State shall include the projects within
the State that are proposed for funding under this chapter
and chapter 1 of title 23.
``(B) Projects under this chapter and chapter 2.--
``(i) Regionally significant.--Each regionally significant
project proposed for funding under this chapter and chapter 2
of title 23 shall be identified individually in the statewide
transportation improvement program.
``(ii) Nonregionally significant.--A description of each
project proposed for funding under this chapter and chapter 2
of title 23 that is not determined to be regionally
significant shall be contained in 1 line item or identified
individually in the statewide transportation improvement
program.
``(5) Publication.--
``(A) In general.--A statewide transportation improvement
program shall be published or otherwise made readily
available by the State for public review in electronically
accessible formats and means, such as the Internet.
``(B) Annual list of projects.--An annual list of projects,
including investments in pedestrian walkways, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation, for which Federal funds
have been obligated during the preceding fiscal year shall be
published or otherwise made available by the cooperative
effort of the State, public transportation operator, and
relevant metropolitan planning organizations in
electronically accessible formats and means, such as the
Internet, in a manner that is consistent with the categories
identified in the relevant statewide transportation
improvement program.
``(6) Project selection for urbanized areas with
populations of fewer than 200,000 not represented by
designated mpos.--Projects carried out in urbanized areas
with populations of fewer than 200,000 individuals, as
calculated according to the most recent decennial census, and
that are not represented by designated metropolitan planning
organizations, shall be selected from the approved statewide
transportation improvement program (including projects
carried out under this chapter and projects carried out by
the State), in cooperation with the affected nonmetropolitan
planning organization, if any exists, and in consultation
with the affected nonmetropolitan area local officials with
responsibility for transportation.
``(7) Approval by secretary.--
``(A) In general.--Not less frequently than once every 4
years, a statewide transportation improvement program
developed under this subsection shall be reviewed and
approved by the Secretary, based on the current planning
finding of the Secretary under subparagraph (B).
``(B) Planning finding.--The Secretary shall make a
planning finding referred to in subparagraph (A) not less
frequently than once every 5 years regarding whether the
transportation planning process through which statewide
transportation plans and statewide transportation improvement
programs are developed is consistent with this section and
section 5303.
``(8) Modifications to project priority.--Approval by the
Secretary shall not be required to carry out a project
included in an approved statewide transportation improvement
program in place of another project in the statewide
transportation improvement program.
``(h) Certification.--
``(1) In general.--The Secretary shall--
``(A) ensure that the statewide transportation planning
process of a State is being carried out in accordance with
applicable Federal law; and
``(B) subject to paragraph (2), certify, not less
frequently than once every 5 years, that the requirements of
subparagraph (A) are met with respect to the statewide
transportation planning process.
``(2) Requirements for certification.--The Secretary may
make a certification under paragraph (1)(B) if--
``(A) the statewide transportation planning process
complies with the requirements of this section and other
applicable Federal law; and
``(B) a statewide transportation improvement program for
the State has been approved by the Governor of the State.
``(3) Effect of failure to certify.--
``(A) Withholding of project funds.--If a statewide
transportation planning process of a State is not certified
under paragraph (1), the Secretary may withhold up to 20
percent of the funds attributable to the State for projects
funded under this chapter and title 23.
``(B) Restoration of withheld funds.--Any funds withheld
under subparagraph (A) shall be restored to the State on the
date of certification of the statewide transportation
planning process by the Secretary.
``(4) Public involvement.--In making a determination
regarding certification under this subsection, the Secretary
shall provide for public involvement appropriate to the State
under review.
``(i) Performance-based Planning Processes Evaluation.--
``(1) In general.--The Secretary shall establish criteria
to evaluate the effectiveness of the performance-based
planning processes of States, taking into consideration the
following:
``(A) The extent to which the State has achieved, or is
currently making substantial progress toward achieving, the
performance targets described in subsection (d)(2), taking
into account whether the State developed meaningful
performance targets.
``(B) The extent to which the State has used proven best
practices that help ensure transportation investment that is
efficient and cost-effective.
``(C) The extent to which the State--
``(i) has developed an investment process that relies on
public input and awareness to ensure that investments are
transparent and accountable; and
``(ii) provides regular reports allowing the public to
access the information being collected in a format that
allows the public to meaningfully assess the performance of
the State.
``(2) Report.--
``(A) In general.--Not later than 5 years after the date of
enactment of the Federal Public Transportation Act of 2012,
the Secretary shall submit to Congress a report evaluating--
``(i) the overall effectiveness of performance-based
planning as a tool for guiding transportation investments;
and
``(ii) the effectiveness of the performance-based planning
process of each State.
``(B) Publication.--The report under subparagraph (A) shall
be published or otherwise made available in electronically
accessible formats and means, including on the Internet.
``(j) Funding.--Funds apportioned under section 104(b)(6)
of title 23 and set aside under section 5305(g) shall be
available to carry out this section.
``(k) Continuation of Current Review Practice.--
``(1) In general.--In consideration of the factors
described in paragraph (2), any decision by the Secretary
concerning a statewide transportation plan or statewide
transportation improvement program shall not be considered to
be a Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) Description of factors.--The factors referred to in
paragraph (1) are that--
``(A) statewide transportation plans and statewide
transportation improvement programs are subject to a
reasonable opportunity for public comment;
``(B) the projects included in statewide transportation
plans and statewide transportation improvement programs are
subject to review under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
``(C) decisions by the Secretary concerning statewide
transportation plans and statewide transportation improvement
programs have not been reviewed under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) as
of January 1, 1997.
``(l) Schedule for Implementation.--The Secretary shall
issue guidance on a schedule for implementation of the
changes made by this section, taking into consideration the
established planning update cycle for States. The Secretary
shall not require a State to deviate from its established
planning update cycle to implement changes made by this
section. States shall reflect changes made to

[[Page S1287]]

their transportation plan or transportation improvement
program updates not later than 2 years after the date of
issuance of guidance by the Secretary under this
subsection.''.

SEC. 20007. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM.

(a) In General.--Section 5306 of title 49, United States
Code, is amended to read as follows:

``Sec.  5306. Public transportation emergency relief program

``(a) Definition.--In this section the following
definitions shall apply:
``(1) Eligible operating costs.--The term `eligible
operating costs' means costs relating to--
``(A) evacuation services;
``(B) rescue operations;
``(C) temporary public transportation service; or
``(D) reestablishing, expanding, or relocating public
transportation route service before, during, or after an
emergency.
``(2) Emergency.--The term `emergency' means a natural
disaster affecting a wide area (such as a flood, hurricane,
tidal wave, earthquake, severe storm, or landslide) or a
catastrophic failure from any external cause, as a result of
which--
``(A) the Governor of a State has declared an emergency and
the Secretary has concurred; or
``(B) the President has declared a major disaster under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170).
``(b) General Authority.--The Secretary may make grants and
enter into contracts and other agreements (including
agreements with departments, agencies, and instrumentalities
of the Government) for--
``(1) capital projects to protect, repair, reconstruct, or
replace equipment and facilities of a public transportation
system operating in the United States or on an Indian
reservation that the Secretary determines is in danger of
suffering serious damage, or has suffered serious damage, as
a result of an emergency; and
``(2) eligible operating costs of public transportation
equipment and facilities in an area directly affected by an
emergency during--
``(A) the 1-year period beginning on the date of a
declaration described in subsection (a)(2); or
``(B) if the Secretary determines there is a compelling
need, the 2-year period beginning on the date of a
declaration described in subsection (a)(2).
``(c) Coordination of Emergency Funds.--
``(1) Use of funds.--Funds appropriated to carry out this
section shall be in addition to any other funds available
under this chapter.
``(2) No effect on other government activity.--The
provision of funds under this section shall not affect the
ability of any other agency of the Government, including the
Federal Emergency Management Agency, or a State agency, a
local governmental entity, organization, or person, to
provide any other funds otherwise authorized by law.
``(3) Notification.--The Secretary shall notify the
Secretary of Homeland Security of the purpose and amount of
any grant made or contract or other agreement entered into
under this section.
``(d) Grant Requirements.--A grant awarded under this
section or under section 5307 or 5311 that is made to address
an emergency defined under subsection (a)(2) shall be--
``(1) subject to the terms and conditions the Secretary
determines are necessary; and
``(2) made only for expenses that are not reimbursed under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
``(e) Government Share of Costs.--
``(1) Capital projects and operating assistance.--A grant,
contract, or other agreement for a capital project or
eligible operating costs under this section shall be, at the
option of the recipient, for not more than 80 percent of the
net project cost, as determined by the Secretary.
``(2) Non-federal share.--The remainder of the net project
cost may be provided from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, or new
capital.
``(3) Waiver.--The Secretary may waive, in whole or part,
the non-Federal share required under--
``(A) paragraph (2); or
``(B) section 5307 or 5311, in the case of a grant made
available under section 5307 or 5311, respectively, to
address an emergency.''.
(b) Memorandum of Agreement.--
(1) Purposes.--The purposes of this subsection are--
(A) to improve coordination between the Department of
Transportation and the Department of Homeland Security; and
(B) to expedite the provision of Federal assistance for
public transportation systems for activities relating to a
major disaster or emergency declared by the President under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) (referred to in this
subsection as a ``major disaster or emergency'').
(2) Agreement.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation and
the Secretary of Homeland Security shall enter into a
memorandum of agreement to coordinate the roles and
responsibilities of the Department of Transportation and the
Department of Homeland Security in providing assistance for
public transportation, including the provision of public
transportation services and the repair and restoration of
public transportation systems in areas for which the
President has declared a major disaster or emergency.
(3) Contents of agreement.--The memorandum of agreement
required under paragraph (2) shall--
(A) provide for improved coordination and expeditious use
of public transportation, as appropriate, in response to and
recovery from a major disaster or emergency;
(B) establish procedures to address--
(i) issues that have contributed to delays in the
reimbursement of eligible transportation-related expenses
relating to a major disaster or emergency;
(ii) any challenges identified in the review under
paragraph (4); and
(iii) the coordination of assistance for public
transportation provided under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act and section 5306 of title
49, United States Code, as amended by this Act, as
appropriate; and
(C) provide for the development and distribution of clear
guidelines for State, local, and tribal governments,
including public transportation systems, relating to--
(i) assistance available for public transportation systems
for activities relating to a major disaster or emergency--

(I) under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act;
(II) under section 5306 of title 49, United States Code, as
amended by this Act; and
(III) from other sources, including other Federal agencies;
and

(ii) reimbursement procedures that speed the process of--

(I) applying for assistance under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act and section 5306
of title 49, United States Code, as amended by this Act; and
(II) distributing assistance for public transportation
systems under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act and section 5306 of title 49, United
States Code, as amended by this Act.

(4) After action review.--Before entering into a memorandum
of agreement under paragraph (2), the Secretary of
Transportation and the Secretary of Homeland Security (acting
through the Administrator of the Federal Emergency Management
Agency), in consultation with State, local, and tribal
governments (including public transportation systems) that
have experienced a major disaster or emergency, shall review
after action reports relating to major disasters,
emergencies, and exercises, to identify areas where
coordination between the Department of Transportation and the
Department of Homeland Security and the provision of public
transportation services should be improved.
(5) Factors for declarations of major disasters and
emergencies.--The Administrator of the Federal Emergency
Management Agency shall make available to State, local, and
tribal governments, including public transportation systems,
a description of the factors that the President considers in
declaring a major disaster or emergency, including any pre-
disaster emergency declaration policies.
(6) Briefings.--
(A) Initial briefing.--Not later than 180 days after the
date of enactment of this Act, the Secretary of
Transportation and the Secretary of Homeland Security shall
jointly brief the Committee on Banking, Housing, and Urban
Affairs and the Committee on Homeland Security and
Governmental Affairs of the Senate on the memorandum of
agreement required under paragraph (2).
(B) Quarterly briefings.--Each quarter of the 1-year period
beginning on the date on which the Secretary of
Transportation and the Secretary of Homeland Security enter
into the memorandum of agreement required under paragraph
(2), the Secretary of Transportation and the Secretary of
Homeland Security shall jointly brief the Committee on
Banking, Housing, and Urban Affairs and the Committee on
Homeland Security and Governmental Affairs of the Senate on
the implementation of the memorandum of agreement.

SEC. 20008. URBANIZED AREA FORMULA GRANTS.

Section 5307 of title 49, United States Code, is amended to
read as follows:

``Sec.  5307. Urbanized area formula grants

``(a) General Authority.--
``(1) Grants.--The Secretary may make grants under this
section for--
``(A) capital projects;
``(B) planning; and
``(C) operating costs of equipment and facilities for use
in public transportation in an urbanized area with a
population of fewer than 200,000 individuals, as determined
by the Bureau of the Census.
``(2) Special rule.--The Secretary may make grants under
this section to finance the operating cost of equipment and
facilities for use in public transportation, excluding rail
fixed guideway, in an urbanized area with a population of not
fewer than 200,000 individuals, as determined by the Bureau
of the Census--
``(A) for public transportation systems that operate 75 or
fewer buses during peak service hours, in an amount not to
exceed 50 percent of the share of the apportionment which is
attributable to such systems within the urbanized area, as
measured by vehicle revenue hours; and

[[Page S1288]]

``(B) for public transportation systems that operate a
minimum of 76 buses and a maximum of 100 buses during peak
service hours, in an amount not to exceed 25 percent of the
share of the apportionment which is attributable to such
systems within the urbanized area, as measured by vehicle
revenue hours.
``(3) Temporary and targeted assistance.--
``(A) Eligibility.--The Secretary may make a grant under
this section to finance the operating cost of equipment and
facilities to a recipient for use in public transportation in
an area that the Secretary determines has--
``(i) a population of not fewer than 200,000 individuals,
as determined by the Bureau of the Census; and
``(ii) a 3-month unemployment rate, as reported by the
Bureau of Labor Statistics, that is--

``(I) greater than 7 percent; and
``(II) at least 2 percentage points greater than the lowest
3-month unemployment rate for the area during the 5-year
period preceding the date of the determination.

``(B) Award of grant.--
``(i) In general.--Except as otherwise provided in this
subparagraph, the Secretary may make a grant under this
section for not more than 2 consecutive fiscal years.
``(ii) Additional year.--If, at the end of the second
fiscal year following the date on which the Secretary makes a
determination under subparagraph (A) with respect to an area,
the Secretary determines that the 3-month unemployment rate
for the area is at least 2 percentage points greater than the
unemployment rate for the area at the time the Secretary made
the determination under subparagraph (A), the Secretary may
make a grant to a recipient in the area for 1 additional
consecutive fiscal year.
``(iii) Exclusion period.--Beginning on the last day of the
last consecutive fiscal year for which a recipient receives a
grant under this paragraph, the Secretary may not make a
subsequent grant under this paragraph to the recipient for a
number of fiscal years equal to the number of consecutive
fiscal years in which the recipient received a grant under
this paragraph.
``(C) Limitation.--
``(i) First fiscal year.--For the first fiscal year
following the date on which the Secretary makes a
determination under subparagraph (A) with respect to an area,
not more than 25 percent of the amount apportioned to a
designated recipient under section 5336 for the fiscal year
shall be available for operating assistance for the area.
``(ii) Second and third fiscal years.--For the second and
third fiscal years following the date on which the Secretary
makes a determination under subparagraph (A) with respect to
an area, not more than 20 percent of the amount apportioned
to a designated recipient under section 5336 for the fiscal
year shall be available for operating assistance for the
area.
``(D) Period of availability for operating assistance.--
Operating assistance awarded under this paragraph shall be
available for expenditure to a recipient in an area until the
end of the second fiscal year following the date on which the
Secretary makes a determination under subparagraph (A) with
respect to the area, after which time any unexpended funds
shall be available to the recipient for other eligible
activities under this section.
``(E) Certification.--The Secretary may make a grant for
operating assistance under this paragraph for a fiscal year
only if the recipient certifies that--
``(i) the recipient will maintain public transportation
service levels at or above the current service level, which
shall be demonstrated by providing an equal or greater number
of vehicle hours of service in the fiscal year than the
number of vehicle hours of service provided in the preceding
fiscal year;
``(ii) any non-Federal entity that provides funding to the
recipient, including a State or local governmental entity,
will maintain the tax rate or rate of allocations dedicated
to public transportation at or above the rate for the
preceding fiscal year;
``(iii) the recipient has allocated the maximum amount of
funding under this section for preventive maintenance costs
eligible as a capital expense necessary to maintain the level
and quality of service provided in the preceding fiscal year;
and
``(iv) the recipient will not use funding under this
section for new capital assets except as necessary for the
existing system to maintain or achieve a state of good
repair, assure safety, or replace obsolete technology.
``(b) Access to Jobs Projects.--
``(1) In general.--A designated recipient shall expend not
less than 3 percent of the amount apportioned to the
designated recipient under section 5336 or an amount equal to
the amount apportioned to the designated recipient in fiscal
year 2011 to carry out section 5316 (as in effect for fiscal
year 2011), whichever is less, to carry out a program to
develop and maintain job access projects. Eligible projects
may include--
``(A) a project relating to the development and maintenance
of public transportation services designed to transport
eligible low-income individuals to and from jobs and
activities related to their employment, including--
``(i) a public transportation project to finance planning,
capital, and operating costs of providing access to jobs
under this chapter;
``(ii) promoting public transportation by low-income
workers, including the use of public transportation by
workers with nontraditional work schedules;
``(iii) promoting the use of public transportation vouchers
for welfare recipients and eligible low-income individuals;
and
``(iv) promoting the use of employer-provided
transportation, including the transit pass benefit program
under section 132 of the Internal Revenue Code of 1986; and
``(B) a transportation project designed to support the use
of public transportation including--
``(i) enhancements to existing public transportation
service for workers with non-traditional hours or reverse
commutes;
``(ii) guaranteed ride home programs;
``(iii) bicycle storage facilities; and
``(iv) projects that otherwise facilitate the provision of
public transportation services to employment opportunities.
``(2) Project selection and plan development.--Each grant
recipient under this subsection shall certify that--
``(A) the projects selected were included in a locally
developed, coordinated public transit-human services
transportation plan;
``(B) the plan was developed and approved through a process
that included individuals with low incomes, representatives
of public, private, and nonprofit transportation and human
services providers, and participation by the public;
``(C) services funded under this subsection are coordinated
with transportation services funded by other Federal
departments and agencies to the maximum extent feasible; and
``(D) allocations of the grant to subrecipients, if any,
are distributed on a fair and equitable basis.
``(3) Competitive process for grants to subrecipients.--
``(A) Areawide solicitations.--A recipient of funds
apportioned under this subsection may conduct, in cooperation
with the appropriate metropolitan planning organization, an
areawide solicitation for applications for grants to the
recipient and subrecipients under this subsection.
``(B) Application.--If the recipient elects to engage in a
competitive process, recipients and subrecipients seeking to
receive a grant from apportioned funds shall submit to the
recipient an application in the form and in accordance with
such requirements as the recipient shall establish.
``(c) Program of Projects.--Each recipient of a grant
shall--
``(1) make available to the public information on amounts
available to the recipient under this section;
``(2) develop, in consultation with interested parties,
including private transportation providers, a proposed
program of projects for activities to be financed;
``(3) publish a proposed program of projects in a way that
affected individuals, private transportation providers, and
local elected officials have the opportunity to examine the
proposed program and submit comments on the proposed program
and the performance of the recipient;
``(4) provide an opportunity for a public hearing in which
to obtain the views of individuals on the proposed program of
projects;
``(5) ensure that the proposed program of projects provides
for the coordination of public transportation services
assisted under section 5336 of this title with transportation
services assisted from other United States Government
sources;
``(6) consider comments and views received, especially
those of private transportation providers, in preparing the
final program of projects; and
``(7) make the final program of projects available to the
public.
``(d) Grant Recipient Requirements.--A recipient may
receive a grant in a fiscal year only if--
``(1) the recipient, within the time the Secretary
prescribes, submits a final program of projects prepared
under subsection (c) of this section and a certification for
that fiscal year that the recipient (including a person
receiving amounts from a Governor under this section)--
``(A) has or will have the legal, financial, and technical
capacity to carry out the program, including safety and
security aspects of the program;
``(B) has or will have satisfactory continuing control over
the use of equipment and facilities;
``(C) will maintain equipment and facilities;
``(D) will ensure that, during non-peak hours for
transportation using or involving a facility or equipment of
a project financed under this section, a fare that is not
more than 50 percent of the peak hour fare will be charged
for any--
``(i) senior;
``(ii) individual who, because of illness, injury, age,
congenital malfunction, or other incapacity or temporary or
permanent disability (including an individual who is a
wheelchair user or has semiambulatory capability), cannot use
a public transportation service or a public transportation
facility effectively without special facilities, planning, or
design; and
``(iii) individual presenting a Medicare card issued to
that individual under title II or XVIII of the Social
Security Act (42 U.S.C. 401 et seq. and 1395 et seq.);
``(E) in carrying out a procurement under this section,
will comply with sections 5323 and 5325;

[[Page S1289]]

``(F) has complied with subsection (c) of this section;
``(G) has available and will provide the required amounts
as provided by subsection (e) of this section;
``(H) will comply with sections 5303 and 5304;
``(I) has a locally developed process to solicit and
consider public comment before raising a fare or carrying out
a major reduction of transportation;
``(J)(i) will expend for each fiscal year for public
transportation security projects, including increased
lighting in or adjacent to a public transportation system
(including bus stops, subway stations, parking lots, and
garages), increased camera surveillance of an area in or
adjacent to that system, providing an emergency telephone
line to contact law enforcement or security personnel in an
area in or adjacent to that system, and any other project
intended to increase the security and safety of an existing
or planned public transportation system, at least 1 percent
of the amount the recipient receives for each fiscal year
under section 5336 of this title; or
``(ii) has decided that the expenditure for security
projects is not necessary;
``(K) in the case of a recipient for an urbanized area with
a population of not fewer than 200,000 individuals, as
determined by the Bureau of the Census--
``(i) will expend not less than 1 percent of the amount the
recipient receives each fiscal year under this section for
associated transit improvements, as defined in section 5302;
and
``(ii) will submit an annual report listing projects
carried out in the preceding fiscal year with those funds;
and
``(L) will comply with section 5329(d); and
``(2) the Secretary accepts the certification.
``(e) Government Share of Costs.--
``(1) Capital projects.--A grant for a capital project
under this section shall be for 80 percent of the net project
cost of the project. The recipient may provide additional
local matching amounts.
``(2) Operating expenses.--A grant for operating expenses
under this section may not exceed 50 percent of the net
project cost of the project.
``(3) Remaining costs.--Subject to paragraph (4), the
remainder of the net project costs shall be provided--
``(A) in cash from non-Government sources other than
revenues from providing public transportation services;
``(B) from revenues from the sale of advertising and
concessions;
``(C) from an undistributed cash surplus, a replacement or
depreciation cash fund or reserve, or new capital;
``(D) from amounts appropriated or otherwise made available
to a department or agency of the Government (other than the
Department of Transportation) that are eligible to be
expended for transportation; and
``(E) from amounts received under a service agreement with
a State or local social service agency or private social
service organization.
``(4) Use of certain funds.--For purposes of subparagraphs
(D) and (E) of paragraph (3), the prohibitions on the use of
funds for matching requirements under section
403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C.
603(a)(5)(C)(vii)) shall not apply to Federal or State funds
to be used for transportation purposes.
``(f) Undertaking Projects in Advance.--
``(1) Payment.--The Secretary may pay the Government share
of the net project cost to a State or local governmental
authority that carries out any part of a project eligible
under subparagraph (A) or (B) of subsection (a)(1) without
the aid of amounts of the Government and according to all
applicable procedures and requirements if--
``(A) the recipient applies for the payment;
``(B) the Secretary approves the payment; and
``(C) before carrying out any part of the project, the
Secretary approves the plans and specifications for the part
in the same way as for other projects under this section.
``(2) Approval of application.--The Secretary may approve
an application under paragraph (1) of this subsection only if
an authorization for this section is in effect for the fiscal
year to which the application applies. The Secretary may not
approve an application if the payment will be more than--
``(A) the recipient's expected apportionment under section
5336 of this title if the total amount authorized to be
appropriated for the fiscal year to carry out this section is
appropriated; less
``(B) the maximum amount of the apportionment that may be
made available for projects for operating expenses under this
section.
``(3) Financing costs.--
``(A) In general.--The cost of carrying out part of a
project includes the amount of interest earned and payable on
bonds issued by the recipient to the extent proceeds of the
bonds are expended in carrying out the part.
``(B) Limitation on the amount of interest.--The amount of
interest allowed under this paragraph may not be more than
the most favorable financing terms reasonably available for
the project at the time of borrowing.
``(C) Certification.--The applicant shall certify, in a
manner satisfactory to the Secretary, that the applicant has
shown reasonable diligence in seeking the most favorable
financing terms.
``(g) Reviews, Audits, and Evaluations.--
``(1) Annual review.--
``(A) In general.--At least annually, the Secretary shall
carry out, or require a recipient to have carried out
independently, reviews and audits the Secretary considers
appropriate to establish whether the recipient has carried
out--
``(i) the activities proposed under subsection (d) of this
section in a timely and effective way and can continue to do
so; and
``(ii) those activities and its certifications and has used
amounts of the Government in the way required by law.
``(B) Auditing procedures.--An audit of the use of amounts
of the Government shall comply with the auditing procedures
of the Comptroller General.
``(2) Triennial review.--At least once every 3 years, the
Secretary shall review and evaluate completely the
performance of a recipient in carrying out the recipient's
program, specifically referring to compliance with statutory
and administrative requirements and the extent to which
actual program activities are consistent with the activities
proposed under subsection (d) of this section and the
planning process required under sections 5303, 5304, and 5305
of this title. To the extent practicable, the Secretary shall
coordinate such reviews with any related State or local
reviews.
``(3) Actions resulting from review, audit, or
evaluation.--The Secretary may take appropriate action
consistent with a review, audit, and evaluation under this
subsection, including making an appropriate adjustment in the
amount of a grant or withdrawing the grant.
``(h) Treatment.--For purposes of this section, the United
States Virgin Islands shall be treated as an urbanized area,
as defined in section 5302.
``(i) Passenger Ferry Grant Program.--
``(1) In general.--The Secretary may make grants under this
subsection to recipients for passenger ferry projects that
are eligible for a grant under subsection (a).
``(2) Grant requirements.--Except as otherwise provided in
this subsection, a grant under this subsection shall be
subject to the same terms and conditions as a grant under
subsection (a).
``(3) Competitive process.--The Secretary shall solicit
grant applications and make grants for eligible projects on a
competitive basis.
``(4) Geographically constrained areas.--Of the amounts
made available to carry out this subsection, $10,000,000
shall be for capital grants relating to passenger ferries in
areas with limited or no access to public transportation as a
result of geographical constraints.''.

SEC. 20009. CLEAN FUEL GRANT PROGRAM.

Section 5308 of title 49, United States Code, is amended to
read as follows:

``Sec.  5308. Clean fuel grant program

``(a) Definitions.--In this section, the following
definitions shall apply:
``(1) Clean fuel bus.--The term `clean fuel bus' means a
bus that is a clean fuel vehicle.
``(2) Clean fuel vehicle.--The term `clean fuel vehicle'
means a passenger vehicle used to provide public
transportation that the Administrator of the Environmental
Protection Agency has certified sufficiently reduces energy
consumption or reduces harmful emissions, including direct
carbon emissions, when compared to a comparable standard
vehicle.
``(3) Direct carbon emissions.--The term `direct carbon
emissions' means the quantity of direct greenhouse gas
emissions from a vehicle, as determined by the Administrator
of the Environmental Protection Agency.
``(4) Eligible area.--The term `eligible area' means an
area that is--
``(A) designated as a nonattainment area for ozone or
carbon monoxide under section 107(d) of the Clean Air Act (42
U.S.C. 7407(d)); or
``(B) a maintenance area, as defined in section 5303, for
ozone or carbon monoxide.
``(5) Eligible project.--The term `eligible project' means
a project or program of projects in an eligible area for--
``(A) acquiring or leasing clean fuel vehicles;
``(B) constructing or leasing facilities and related
equipment for clean fuel vehicles;
``(C) constructing new public transportation facilities to
accommodate clean fuel vehicles; or
``(D) rehabilitating or improving existing public
transportation facilities to accommodate clean fuel vehicles.
``(6) Recipient.--The term `recipient' means--
``(A) for an eligible area that is an urbanized area with a
population of fewer than 200,000 individuals, as determined
by the Bureau of the Census, the State in which the eligible
area is located; and
``(B) for an eligible area not described in subparagraph
(A), the designated recipient for the eligible area.
``(b) Authority.--The Secretary may make grants to
recipients to finance eligible projects under this section.
``(c) Grant Requirements.--
``(1) In general.--A grant under this section shall be
subject to the requirements of section 5307.
``(2) Government share of costs for certain projects.--
Section 5323(j) applies to projects carried out under this
section, unless the grant recipient requests a lower grant
percentage.
``(d) Minimum Amounts.--Of amounts made available by or
appropriated under section 5338(a)(2)(D) in each fiscal year
to carry out this section--

[[Page S1290]]

``(1) not less than 65 percent shall be made available to
fund eligible projects relating to clean fuel buses; and
``(2) not less than 10 percent shall be made available for
eligible projects relating to facilities and related
equipment for clean fuel buses.
``(e) Competitive Process.--The Secretary shall solicit
grant applications and make grants for eligible projects on a
competitive basis.
``(f) Availability of Funds.--Any amounts made available or
appropriated to carry out this section--
``(1) shall remain available to an eligible project for 2
years after the fiscal year for which the amount is made
available or appropriated; and
``(2) that remain unobligated at the end of the period
described in paragraph (1) shall be added to the amount made
available to an eligible project in the following fiscal
year.''.

SEC. 20010. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.

(a) In General.--Section 5309 of title 49, United States
Code, is amended to read as follows:

``Sec.  5309. Fixed guideway capital investment grants

``(a) Definitions.--In this section, the following
definitions shall apply:
``(1) Applicant.--The term `applicant' means a State or
local governmental authority that applies for a grant under
this section.
``(2) Bus rapid transit project.--The term `bus rapid
transit project' means a single route bus capital project--
``(A) a majority of which operates in a separated right-of-
way dedicated for public transportation use during peak
periods;
``(B) that represents a substantial investment in a single
route in a defined corridor or subarea; and
``(C) that includes features that emulate the services
provided by rail fixed guideway public transportation
systems, including--
``(i) defined stations;
``(ii) traffic signal priority for public transportation
vehicles;
``(iii) short headway bidirectional services for a
substantial part of weekdays and weekend days; and
``(iv) any other features the Secretary may determine are
necessary to produce high-quality public transportation
services that emulate the services provided by rail fixed
guideway public transportation systems.
``(3) Core capacity improvement project.--The term `core
capacity improvement project' means a substantial corridor-
based capital investment in an existing fixed guideway system
that adds capacity and functionality.
``(4) New fixed guideway capital project.--The term `new
fixed guideway capital project' means--
``(A) a new fixed guideway project that is a minimum
operable segment or extension to an existing fixed guideway
system; or
``(B) a bus rapid transit project that is a minimum
operable segment or an extension to an existing bus rapid
transit system.
``(5) Program of interrelated projects.--The term `program
of interrelated projects' means the simultaneous development
of--
``(A) 2 or more new fixed guideway capital projects or core
capacity improvement projects; or
``(B) 1 or more new fixed guideway capital projects and 1
or more core capacity improvement projects.
``(b) General Authority.--The Secretary may make grants
under this section to State and local governmental
authorities to assist in financing--
``(1) new fixed guideway capital projects, including the
acquisition of real property, the initial acquisition of
rolling stock for the system, the acquisition of rights-of-
way, and relocation, for fixed guideway corridor development
for projects in the advanced stages of project development or
engineering; and
``(2) core capacity improvement projects, including the
acquisition of real property, the acquisition of rights-of-
way, double tracking, signalization improvements,
electrification, expanding system platforms, acquisition of
rolling stock, construction of infill stations, and such
other capacity improvement projects as the Secretary
determines are appropriate.
``(c) Grant Requirements.--
``(1) In general.--The Secretary may make a grant under
this section for new fixed guideway capital projects or core
capacity improvement projects, if the Secretary determines
that--
``(A) the project is part of an approved transportation
plan required under sections 5303 and 5304; and
``(B) the applicant has, or will have--
``(i) the legal, financial, and technical capacity to carry
out the project, including the safety and security aspects of
the project;
``(ii) satisfactory continuing control over the use of the
equipment or facilities; and
``(iii) the technical and financial capacity to maintain
new and existing equipment and facilities.
``(2) Certification.--An applicant that has submitted the
certifications required under subparagraphs (A), (B), (C),
and (H) of section 5307(d)(1) shall be deemed to have
provided sufficient information upon which the Secretary may
make the determinations required under this subsection.
``(3) Technical capacity.--The Secretary shall use an
expedited technical capacity review process for applicants
that have recently and successfully completed at least 1 new
bus rapid transit project, new fixed guideway capital
project, or core capacity improvement project, if--
``(A) the applicant achieved budget, cost, and ridership
outcomes for the project that are consistent with or better
than projections; and
``(B) the applicant demonstrates that the applicant
continues to have the staff expertise and other resources
necessary to implement a new project.
``(4) Recipient requirements.--A recipient of a grant
awarded under this section shall be subject to all terms,
conditions, requirements, and provisions that the Secretary
determines to be necessary or appropriate for purposes of
this section.
``(d) New Fixed Guideway Grants.--
``(1) Project development phase.--
``(A) Entrance into project development phase.--A new fixed
guideway capital project shall enter into the project
development phase when--
``(i) the applicant--

``(I) submits a letter to the Secretary describing the
project and requesting entry into the project development
phase; and
``(II) initiates activities required to be carried out
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to the project; and

``(ii) the Secretary responds in writing to the applicant
within 45 days whether the information provided is sufficient
to enter into the project development phase, including, when
necessary, a detailed description of any information deemed
insufficient.
``(B) Activities during project development phase.--
Concurrent with the analysis required to be made under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), each applicant shall develop sufficient information to
enable the Secretary to make findings of project
justification, policies and land use patterns that promote
public transportation, and local financial commitment under
this subsection.
``(C) Completion of project development activities
required.--
``(i) In general.--Not later than 2 years after the date on
which a project enters into the project development phase,
the applicant shall complete the activities required to
obtain a project rating under subsection (g)(2) and submit
completed documentation to the Secretary.
``(ii) Extension of time.--Upon the request of an
applicant, the Secretary may extend the time period under
clause (i), if the applicant submits to the Secretary--

``(I) a reasonable plan for completing the activities
required under this paragraph; and
``(II) an estimated time period within which the applicant
will complete such activities.

``(2) Engineering phase.--
``(A) In general.--A new fixed guideway capital project may
advance to the engineering phase upon completion of
activities required under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), as demonstrated by a
record of decision with respect to the project, a finding
that the project has no significant impact, or a
determination that the project is categorically excluded,
only if the Secretary determines that the project--
``(i) is selected as the locally preferred alternative at
the completion of the process required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
``(ii) is adopted into the metropolitan transportation plan
required under section 5303;
``(iii) is justified based on a comprehensive review of the
project's mobility improvements, environmental benefits, and
cost-effectiveness, as measured by cost per rider;
``(iv) is supported by policies and land use patterns that
promote public transportation, including plans for future
land use and rezoning, and economic development around public
transportation stations; and
``(v) is supported by an acceptable degree of local
financial commitment (including evidence of stable and
dependable financing sources), as required under subsection
(f).
``(B) Determination that project is justified.--In making a
determination under subparagraph (A)(iii), the Secretary
shall evaluate, analyze, and consider--
``(i) the reliability of the forecasting methods used to
estimate costs and utilization made by the recipient and the
contractors to the recipient; and
``(ii) population density and current public transportation
ridership in the transportation corridor.
``(e) Core Capacity Improvement Projects.--
``(1) Project development phase.--
``(A) Entrance into project development phase.--A core
capacity improvement project shall be deemed to have entered
into the project development phase if--
``(i) the applicant--

``(I) submits a letter to the Secretary describing the
project and requesting entry into the project development
phase; and
``(II) initiates activities required to be carried out
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to the project; and

``(ii) the Secretary responds in writing to the applicant
within 45 days whether the information provided is sufficient
to enter into the project development phase, including when
necessary a detailed description of any information deemed
insufficient.

[[Page S1291]]

``(B) Activities during project development phase.--
Concurrent with the analysis required to be made under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), each applicant shall develop sufficient information to
enable the Secretary to make findings of project
justification and local financial commitment under this
subsection.
``(C) Completion of project development activities
required.--
``(i) In general.--Not later than 2 years after the date on
which a project enters into the project development phase,
the applicant shall complete the activities required to
obtain a project rating under subsection (g)(2) and submit
completed documentation to the Secretary.
``(ii) Extension of time.--Upon the request of an
applicant, the Secretary may extend the time period under
clause (i), if the applicant submits to the Secretary--

``(I) a reasonable plan for completing the activities
required under this paragraph; and
``(II) an estimated time period within which the applicant
will complete such activities.

``(2) Engineering phase.--
``(A) In general.--A core capacity improvement project may
advance into the engineering phase upon completion of
activities required under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), as demonstrated by a
record of decision with respect to the project, a finding
that the project has no significant impact, or a
determination that the project is categorically excluded,
only if the Secretary determines that the project--
``(i) is selected as the locally preferred alternative at
the completion of the process required under the National
Environmental Policy Act of 1969;
``(ii) is adopted into the metropolitan transportation plan
required under section 5303;
``(iii) is in a corridor that is--

``(I) at or over capacity; or
``(II) projected to be at or over capacity within the next
5 years;

``(iv) is justified based on a comprehensive review of the
project's mobility improvements, environmental benefits, and
cost-effectiveness, as measured by cost per rider; and
``(v) is supported by an acceptable degree of local
financial commitment (including evidence of stable and
dependable financing sources), as required under subsection
(f).
``(B) Determination that project is justified.--In making a
determination under subparagraph (A)(iv), the Secretary shall
evaluate, analyze, and consider--
``(i) the reliability of the forecasting methods used to
estimate costs and utilization made by the recipient and the
contractors to the recipient;
``(ii) whether the project will adequately address the
capacity concerns in a corridor;
``(iii) whether the project will improve interconnectivity
among existing systems; and
``(iv) whether the project will improve environmental
outcomes.
``(f) Financing Sources.--
``(1) Requirements.--In determining whether a project is
supported by an acceptable degree of local financial
commitment and shows evidence of stable and dependable
financing sources for purposes of subsection (d)(2)(A)(v) or
(e)(2)(A)(v), the Secretary shall require that--
``(A) the proposed project plan provides for the
availability of contingency amounts that the Secretary
determines to be reasonable to cover unanticipated cost
increases or funding shortfalls;
``(B) each proposed local source of capital and operating
financing is stable, reliable, and available within the
proposed project timetable; and
``(C) local resources are available to recapitalize,
maintain, and operate the overall existing and proposed
public transportation system, including essential feeder bus
and other services necessary to achieve the projected
ridership levels without requiring a reduction in existing
public transportation services or level of service to operate
the project.
``(2) Considerations.--In assessing the stability,
reliability, and availability of proposed sources of local
financing for purposes of subsection (d)(2)(A)(v) or
(e)(2)(A)(v), the Secretary shall consider--
``(A) the reliability of the forecasting methods used to
estimate costs and revenues made by the recipient and the
contractors to the recipient;
``(B) existing grant commitments;
``(C) the degree to which financing sources are dedicated
to the proposed purposes;
``(D) any debt obligation that exists, or is proposed by
the recipient, for the proposed project or other public
transportation purpose; and
``(E) the extent to which the project has a local financial
commitment that exceeds the required non-Government share of
the cost of the project.
``(g) Project Advancement and Ratings.--
``(1) Project advancement.--A new fixed guideway capital
project or core capacity improvement project proposed to be
carried out using a grant under this section may not advance
from the project development phase to the engineering phase,
or from the engineering phase to the construction phase,
unless the Secretary determines that--
``(A) the project meets the applicable requirements under
this section; and
``(B) there is a reasonable likelihood that the project
will continue to meet the requirements under this section.
``(2) Ratings.--
``(A) Overall rating.--In making a determination under
paragraph (1), the Secretary shall evaluate and rate a
project as a whole on a 5-point scale (high, medium-high,
medium, medium-low, or low) based on--
``(i) in the case of a new fixed guideway capital project,
the project justification criteria under subsection
(d)(2)(A)(iii), the policies and land use patterns that
support public transportation, and the degree of local
financial commitment; and
``(ii) in the case of a core capacity improvement project,
the capacity needs of the corridor, the project justification
criteria under subsection (e)(2)(A)(iv), and the degree of
local financial commitment.
``(B) Individual ratings for each criterion.--In rating a
project under this paragraph, the Secretary shall--
``(i) provide, in addition to the overall project rating
under subparagraph (A), individual ratings for each of the
criteria established under subsection (d)(2)(A)(iii) or
(e)(2)(A)(iv), as applicable; and
``(ii) give comparable, but not necessarily equal,
numerical weight to each of the criteria established under
subsections (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable,
in calculating the overall project rating under clause (i).
``(C) Medium rating not required.--The Secretary shall not
require that any single project justification criterion meet
or exceed a `medium' rating in order to advance the project
from one phase to another.
``(3) Warrants.--The Secretary shall, to the maximum extent
practicable, develop and use special warrants for making a
project justification determination under subsection (d)(2)
or (e)(2), as applicable, for a project proposed to be funded
using a grant under this section, if--
``(A) the share of the cost of the project to be provided
under this section does not exceed--
``(i) $100,000,000; or
``(ii) 50 percent of the total cost of the project;
``(B) the applicant requests the use of the warrants;
``(C) the applicant certifies that its existing public
transportation system is in a state of good repair; and
``(D) the applicant meets any other requirements that the
Secretary considers appropriate to carry out this subsection.
``(4) Letters of intent and early systems work
agreements.--In order to expedite a project under this
subsection, the Secretary shall, to the maximum extent
practicable, issue letters of intent and enter into early
systems work agreements upon issuance of a record of decision
for projects that receive an overall project rating of medium
or better.
``(5) Policy guidance.--The Secretary shall issue policy
guidance regarding the review and evaluation process and
criteria--
``(A) not later than 180 days after the date of enactment
of the Federal Public Transportation Act of 2012; and
``(B) each time the Secretary makes significant changes to
the process and criteria, but not less frequently than once
every 2 years.
``(6) Rules.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2012,
the Secretary shall issue rules establishing an evaluation
and rating process for--
``(A) new fixed guideway capital projects that is based on
the results of project justification, policies and land use
patterns that promote public transportation, and local
financial commitment, as required under this subsection; and
``(B) core capacity improvement projects that is based on
the results of the capacity needs of the corridor, project
justification, and local financial commitment.
``(7) Applicability.--This subsection shall not apply to a
project for which the Secretary issued a letter of intent,
entered into a full funding grant agreement, or entered into
a project construction agreement before the date of enactment
of the Federal Public Transportation Act of 2012.
``(h) Programs of Interrelated Projects.--
``(1) Project development phase.--A federally funded
project in a program of interrelated projects shall advance
through project development as provided in subsection (d) or
(e), as applicable.
``(2) Engineering phase.--A federally funded project in a
program of interrelated projects may advance into the
engineering phase upon completion of activities required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), as demonstrated by a record of decision
with respect to the project, a finding that the project has
no significant impact, or a determination that the project is
categorically excluded, only if the Secretary determines
that--
``(A) the project is selected as the locally preferred
alternative at the completion of the process required under
the National Environmental Policy Act of 1969;
``(B) the project is adopted into the metropolitan
transportation plan required under section 5303;
``(C) the program of interrelated projects involves
projects that have a logical connectivity to one another;

[[Page S1292]]

``(D) the program of interrelated projects, when evaluated
as a whole, meets the requirements of subsection (d)(2) or
(e)(2), as applicable;
``(E) the program of interrelated projects is supported by
a program implementation plan demonstrating that construction
will begin on each of the projects in the program of
interrelated projects within a reasonable time frame; and
``(F) the program of interrelated projects is supported by
an acceptable degree of local financial commitment, as
described in subsection (f).
``(3) Project advancement and ratings.--
``(A) Project advancement.--A project receiving a grant
under this section that is part of a program of interrelated
projects may not advance from the project development phase
to the engineering phase, or from the engineering phase to
the construction phase, unless the Secretary determines that
the program of interrelated projects meets the applicable
requirements of this section and there is a reasonable
likelihood that the program will continue to meet such
requirements.
``(B) Ratings.--
``(i) Overall rating.--In making a determination under
subparagraph (A), the Secretary shall evaluate and rate a
program of interrelated projects on a 5-point scale (high,
medium-high, medium, medium-low, or low) based on the
criteria described in paragraph (2).
``(ii) Individual rating for each criterion.--In rating a
program of interrelated projects, the Secretary shall
provide, in addition to the overall program rating,
individual ratings for each of the criteria described in
paragraph (2) and shall give comparable, but not necessarily
equal, numerical weight to each such criterion in calculating
the overall program rating.
``(iii) Medium rating not required.--The Secretary shall
not require that any single criterion described in paragraph
(2) meet or exceed a `medium' rating in order to advance the
program of interrelated projects from one phase to another.
``(4) Annual review.--
``(A) Review required.--The Secretary shall annually review
the program implementation plan required under paragraph
(2)(E) to determine whether the program of interrelated
projects is adhering to its schedule.
``(B) Extension of time.--If a program of interrelated
projects is not adhering to its schedule, the Secretary may,
upon the request of the applicant, grant an extension of time
if the applicant submits a reasonable plan that includes--
``(i) evidence of continued adequate funding; and
``(ii) an estimated time frame for completing the program
of interrelated projects.
``(C) Satisfactory progress required.--If the Secretary
determines that a program of interrelated projects is not
making satisfactory progress, no Federal funds shall be
provided for a project within the program of interrelated
projects.
``(5) Failure to carry out program of interrelated
projects.--
``(A) Repayment required.--If an applicant does not carry
out the program of interrelated projects within a reasonable
time, for reasons within the control of the applicant, the
applicant shall repay all Federal funds provided for the
program, and any reasonable interest and penalty charges that
the Secretary may establish.
``(B) Crediting of funds received.--Any funds received by
the Government under this paragraph, other than interest and
penalty charges, shall be credited to the appropriation
account from which the funds were originally derived.
``(6) Non-federal funds.--Any non-Federal funds committed
to a project in a program of interrelated projects may be
used to meet a non-Government share requirement for any other
project in the program of interrelated projects, if the
Government share of the cost of each project within the
program of interrelated projects does not exceed 80 percent.
``(7) Priority.--In making grants under this section, the
Secretary may give priority to programs of interrelated
projects for which the non-Government share of the cost of
the projects included in the programs of interrelated
projects exceeds the non-Government share required under
subsection (k).
``(8) Non-government projects.--Including a project not
financed by the Government in a program of interrelated
projects does not impose Government requirements that would
not otherwise apply to the project.
``(i) Previously Issued Letter of Intent or Full Funding
Grant Agreement.--Subsections (d) and (e) shall not apply to
projects for which the Secretary has issued a letter of
intent, entered into a full funding grant agreement, or
entered into a project construction grant agreement before
the date of enactment of the Federal Public Transportation
Act of 2012.
``(j) Letters of Intent, Full Funding Grant Agreements, and
Early Systems Work Agreements.--
``(1) Letters of intent.--
``(A) Amounts intended to be obligated.--The Secretary may
issue a letter of intent to an applicant announcing an
intention to obligate, for a new fixed guideway capital
project or core capacity improvement project, an amount from
future available budget authority specified in law that is
not more than the amount stipulated as the financial
participation of the Secretary in the project. When a letter
is issued for a capital project under this section, the
amount shall be sufficient to complete at least an operable
segment.
``(B) Treatment.--The issuance of a letter under
subparagraph (A) is deemed not to be an obligation under
sections 1108(c), 1501, and 1502(a) of title 31, United
States Code, or an administrative commitment.
``(2) Full funding grant agreements.--
``(A) In general.--A new fixed guideway capital project or
core capacity improvement project shall be carried out
through a full funding grant agreement.
``(B) Criteria.--The Secretary shall enter into a full
funding grant agreement, based on the evaluations and ratings
required under subsection (d), (e), or (h), as applicable,
with each grantee receiving assistance for a new fixed
guideway capital project or core capacity improvement project
that has been rated as high, medium-high, or medium, in
accordance with subsection (g)(2)(A) or (h)(3)(B), as
applicable.
``(C) Terms.--A full funding grant agreement shall--
``(i) establish the terms of participation by the
Government in a new fixed guideway capital project or core
capacity improvement project;
``(ii) establish the maximum amount of Federal financial
assistance for the project;
``(iii) include the period of time for completing the
project, even if that period extends beyond the period of an
authorization; and
``(iv) make timely and efficient management of the project
easier according to the law of the United States.
``(D) Special financial rules.--
``(i) In general.--A full funding grant agreement under
this paragraph obligates an amount of available budget
authority specified in law and may include a commitment,
contingent on amounts to be specified in law in advance for
commitments under this paragraph, to obligate an additional
amount from future available budget authority specified in
law.
``(ii) Statement of contingent commitment.--The agreement
shall state that the contingent commitment is not an
obligation of the Government.
``(iii) Interest and other financing costs.--Interest and
other financing costs of efficiently carrying out a part of
the project within a reasonable time are a cost of carrying
out the project under a full funding grant agreement, except
that eligible costs may not be more than the cost of the most
favorable financing terms reasonably available for the
project at the time of borrowing. The applicant shall
certify, in a way satisfactory to the Secretary, that the
applicant has shown reasonable diligence in seeking the most
favorable financing terms.
``(iv) Completion of operable segment.--The amount
stipulated in an agreement under this paragraph for a new
fixed guideway capital project shall be sufficient to
complete at least an operable segment.
``(E) Before and after study.--
``(i) In general.--A full funding grant agreement under
this paragraph shall require the applicant to conduct a study
that--

``(I) describes and analyzes the impacts of the new fixed
guideway capital project or core capacity improvement project
on public transportation services and public transportation
ridership;
``(II) evaluates the consistency of predicted and actual
project characteristics and performance; and
``(III) identifies reasons for differences between
predicted and actual outcomes.

``(ii) Information collection and analysis plan.--

``(I) Submission of plan.--Applicants seeking a full
funding grant agreement under this paragraph shall submit a
complete plan for the collection and analysis of information
to identify the impacts of the new fixed guideway capital
project or core capacity improvement project and the accuracy
of the forecasts prepared during the development of the
project. Preparation of this plan shall be included in the
full funding grant agreement as an eligible activity.
``(II) Contents of plan.--The plan submitted under
subclause (I) shall provide for--

``(aa) collection of data on the current public
transportation system regarding public transportation service
levels and ridership patterns, including origins and
destinations, access modes, trip purposes, and rider
characteristics;
``(bb) documentation of the predicted scope, service
levels, capital costs, operating costs, and ridership of the
project;
``(cc) collection of data on the public transportation
system 2 years after the opening of a new fixed guideway
capital project or core capacity improvement project,
including analogous information on public transportation
service levels and ridership patterns and information on the
as-built scope, capital, and financing costs of the project;
and
``(dd) analysis of the consistency of predicted project
characteristics with actual outcomes.
``(F) Collection of data on current system.--To be eligible
for a full funding grant agreement under this paragraph,
recipients shall have collected data on the current system,
according to the plan required under subparagraph (E)(ii),
before the beginning of construction of the proposed new
fixed guideway capital project or core capacity improvement
project. Collection of this data shall be included in the
full funding grant agreement as an eligible activity.

[[Page S1293]]

``(3) Early systems work agreements.--
``(A) Conditions.--The Secretary may enter into an early
systems work agreement with an applicant if a record of
decision under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) has been issued on the project and
the Secretary finds there is reason to believe--
``(i) a full funding grant agreement for the project will
be made; and
``(ii) the terms of the work agreement will promote
ultimate completion of the project more rapidly and at less
cost.
``(B) Contents.--
``(i) In general.--An early systems work agreement under
this paragraph obligates budget authority available under
this chapter and title 23 and shall provide for reimbursement
of preliminary costs of carrying out the project, including
land acquisition, timely procurement of system elements for
which specifications are decided, and other activities the
Secretary decides are appropriate to make efficient, long-
term project management easier.
``(ii) Contingent commitment.--An early systems work
agreement may include a commitment, contingent on amounts to
be specified in law in advance for commitments under this
paragraph, to obligate an additional amount from future
available budget authority specified in law.
``(iii) Period covered.--An early systems work agreement
under this paragraph shall cover the period of time the
Secretary considers appropriate. The period may extend beyond
the period of current authorization.
``(iv) Interest and other financing costs.--Interest and
other financing costs of efficiently carrying out the early
systems work agreement within a reasonable time are a cost of
carrying out the agreement, except that eligible costs may
not be more than the cost of the most favorable financing
terms reasonably available for the project at the time of
borrowing. The applicant shall certify, in a way satisfactory
to the Secretary, that the applicant has shown reasonable
diligence in seeking the most favorable financing terms.
``(v) Failure to carry out project.--If an applicant does
not carry out the project for reasons within the control of
the applicant, the applicant shall repay all Federal grant
funds awarded for the project from all Federal funding
sources, for all project activities, facilities, and
equipment, plus reasonable interest and penalty charges
allowable by law or established by the Secretary in the early
systems work agreement.
``(vi) Crediting of funds received.--Any funds received by
the Government under this paragraph, other than interest and
penalty charges, shall be credited to the appropriation
account from which the funds were originally derived.
``(4) Limitation on amounts.--
``(A) In general.--The Secretary may enter into full
funding grant agreements under this subsection for new fixed
guideway capital projects and core capacity improvement
projects that contain contingent commitments to incur
obligations in such amounts as the Secretary determines are
appropriate.
``(B) Appropriation required.--An obligation may be made
under this subsection only when amounts are appropriated for
the obligation.
``(5) Notification to congress.--At least 30 days before
issuing a letter of intent, entering into a full funding
grant agreement, or entering into an early systems work
agreement under this section, the Secretary shall notify, in
writing, the Committee on Banking, Housing, and Urban Affairs
and the Committee on Appropriations of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives
of the proposed letter or agreement. The Secretary shall
include with the notification a copy of the proposed letter
or agreement as well as the evaluations and ratings for the
project.
``(k) Government Share of Net Capital Project Cost.--
``(1) In general.--Based on engineering studies, studies of
economic feasibility, and information on the expected use of
equipment or facilities, the Secretary shall estimate the net
capital project cost. A grant for the project shall not
exceed 80 percent of the net capital project cost.
``(2) Adjustment for completion under budget.--The
Secretary may adjust the final net capital project cost of a
new fixed guideway capital project or core capacity
improvement project evaluated under subsection (d), (e), or
(h) to include the cost of eligible activities not included
in the originally defined project if the Secretary determines
that the originally defined project has been completed at a
cost that is significantly below the original estimate.
``(3) Maximum government share.--The Secretary may provide
a higher grant percentage than requested by the grant
recipient if--
``(A) the Secretary determines that the net capital project
cost of the project is not more than 10 percent higher than
the net capital project cost estimated at the time the
project was approved for advancement into the engineering
phase; and
``(B) the ridership estimated for the project is not less
than 90 percent of the ridership estimated for the project at
the time the project was approved for advancement into the
engineering phase.
``(4) Remainder of net capital project cost.--The remainder
of the net capital project cost shall be provided from an
undistributed cash surplus, a replacement or depreciation
cash fund or reserve, or new capital.
``(5) Limitation on statutory construction.--Nothing in
this section shall be construed as authorizing the Secretary
to require a non-Federal financial commitment for a project
that is more than 20 percent of the net capital project cost.
``(6) Special rule for rolling stock costs.--In addition to
amounts allowed pursuant to paragraph (1), a planned
extension to a fixed guideway system may include the cost of
rolling stock previously purchased if the applicant satisfies
the Secretary that only amounts other than amounts provided
by the Government were used and that the purchase was made
for use on the extension. A refund or reduction of the
remainder may be made only if a refund of a proportional
amount of the grant of the Government is made at the same
time.
``(7) Limitation on applicability.--This subsection shall
not apply to projects for which the Secretary entered into a
full funding grant agreement before the date of enactment of
the Federal Public Transportation Act of 2012.
``(l) Undertaking Projects in Advance.--
``(1) In general.--The Secretary may pay the Government
share of the net capital project cost to a State or local
governmental authority that carries out any part of a project
described in this section without the aid of amounts of the
Government and according to all applicable procedures and
requirements if--
``(A) the State or local governmental authority applies for
the payment;
``(B) the Secretary approves the payment; and
``(C) before the State or local governmental authority
carries out the part of the project, the Secretary approves
the plans and specifications for the part in the same way as
other projects under this section.
``(2) Financing costs.--
``(A) In general.--The cost of carrying out part of a
project includes the amount of interest earned and payable on
bonds issued by the State or local governmental authority to
the extent proceeds of the bonds are expended in carrying out
the part.
``(B) Limitation on amount of interest.--The amount of
interest under this paragraph may not be more than the most
favorable interest terms reasonably available for the project
at the time of borrowing.
``(C) Certification.--The applicant shall certify, in a
manner satisfactory to the Secretary, that the applicant has
shown reasonable diligence in seeking the most favorable
financing terms.
``(m) Availability of Amounts.--
``(1) In general.--An amount made available or appropriated
for a new fixed guideway capital project or core capacity
improvement project shall remain available to that project
for 5 fiscal years, including the fiscal year in which the
amount is made available or appropriated. Any amounts that
are unobligated to the project at the end of the 5-fiscal-
year period may be used by the Secretary for any purpose
under this section.
``(2) Use of deobligated amounts.--An amount available
under this section that is deobligated may be used for any
purpose under this section.
``(n) Reports on New Fixed Guideway and Core Capacity
Improvement Projects.--
``(1) Annual report on funding recommendations.--Not later
than the first Monday in February of each year, the Secretary
shall submit to the Committee on Banking, Housing, and Urban
Affairs and the Committee on Appropriations of the Senate and
the Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives a
report that includes--
``(A) a proposal of allocations of amounts to be available
to finance grants for projects under this section among
applicants for these amounts;
``(B) evaluations and ratings, as required under
subsections (d), (e), and (h), for each such project that is
in project development, engineering, or has received a full
funding grant agreement; and
``(C) recommendations of such projects for funding based on
the evaluations and ratings and on existing commitments and
anticipated funding levels for the next 3 fiscal years based
on information currently available to the Secretary.
``(2) Reports on before and after studies.--Not later than
the first Monday in August of each year, the Secretary shall
submit to the committees described in paragraph (1) a report
containing a summary of the results of any studies conducted
under subsection (j)(2)(E).
``(3) Annual gao review.--The Comptroller General of the
United States shall--
``(A) conduct an annual review of--
``(i) the processes and procedures for evaluating, rating,
and recommending new fixed guideway capital projects and core
capacity improvement projects; and
``(ii) the Secretary's implementation of such processes and
procedures; and
``(B) report to Congress on the results of such review by
May 31 of each year.''.
(b) Pilot Program for Expedited Project Delivery.--
(1) Definitions.--In this subsection the following
definitions shall apply:
(A) Eligible project.--The term ``eligible project'' means
a new fixed guideway capital project or a core capacity
improvement project, as those terms are defined in section

[[Page S1294]]

5309 of title 49, United States Code, as amended by this
section, that has not entered into a full funding grant
agreement with the Federal Transit Administration before the
date of enactment of the Federal Public Transportation Act of
2012.
(B) Program.--The term ``program'' means the pilot program
for expedited project delivery established under this
subsection.
(C) Recipient.--The term ``recipient'' means a recipient of
funding under chapter 53 of title 49, United States Code.
(D) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(2) Establishment.--The Secretary shall establish and
implement a pilot program to demonstrate whether innovative
project development and delivery methods or innovative
financing arrangements can expedite project delivery for
certain meritorious new fixed guideway capital projects and
core capacity improvement projects.
(3) Limitation on number of projects.--The Secretary shall
select 3 eligible projects to participate in the program, of
which--
(A) at least 1 shall be an eligible project requesting more
than $100,000,000 in Federal financial assistance under
section 5309 of title 49, United States Code; and
(B) at least 1 shall be an eligible project requesting less
than $100,000,000 in Federal financial assistance under
section 5309 of title 49, United States Code.
(4) Government share.--The Government share of the total
cost of an eligible project that participates in the program
may not exceed 50 percent.
(5) Eligibility.--A recipient that desires to participate
in the program shall submit to the Secretary an application
that contains, at a minimum--
(A) identification of an eligible project;
(B) a schedule and finance plan for the construction and
operation of the eligible project;
(C) an analysis of the efficiencies of the proposed project
development and delivery methods or innovative financing
arrangement for the eligible project; and
(D) a certification that the recipient's existing public
transportation system is in a state of good repair.
(6) Selection criteria.--The Secretary may award a full
funding grant agreement under this subsection if the
Secretary determines that--
(A) the recipient has completed planning and the activities
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(B) the recipient has the necessary legal, financial, and
technical capacity to carry out the eligible project.
(7) Before and after study and report.--
(A) Study required.--A full funding grant agreement under
this paragraph shall require a recipient to conduct a study
that--
(i) describes and analyzes the impacts of the eligible
project on public transportation services and public
transportation ridership;
(ii) describes and analyzes the consistency of predicted
and actual benefits and costs of the innovative project
development and delivery methods or innovative financing for
the eligible project; and
(iii) identifies reasons for any differences between
predicted and actual outcomes for the eligible project.
(B) Submission of report.--Not later than 9 months after an
eligible project selected to participate in the program
begins revenue operations, the recipient shall submit to the
Secretary a report on the results of the study under
subparagraph (A).

SEC. 20011. FORMULA GRANTS FOR THE ENHANCED MOBILITY OF
SENIORS AND INDIVIDUALS WITH DISABILITIES.

Section 5310 of title 49, United States Code, is amended to
read as follows:

``Sec.  5310. Formula grants for the enhanced mobility of
seniors and individuals with disabilities

``(a) Definitions.--In this section, the following
definitions shall apply:
``(1) Recipient.--The term `recipient' means a designated
recipient or a State that receives a grant under this section
directly.
``(2) Subrecipient.--The term `subrecipient' means a State
or local governmental authority, nonprofit organization, or
operator of public transportation that receives a grant under
this section indirectly through a recipient.
``(b) General Authority.--
``(1) Grants.--The Secretary may make grants under this
section to recipients for--
``(A) public transportation capital projects planned,
designed, and carried out to meet the special needs of
seniors and individuals with disabilities when public
transportation is insufficient, inappropriate, or
unavailable;
``(B) public transportation projects that exceed the
requirements of the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.);
``(C) public transportation projects that improve access to
fixed route service and decrease reliance by individuals with
disabilities on complementary paratransit; and
``(D) alternatives to public transportation that assist
seniors and individuals with disabilities with
transportation.
``(2) Limitations for capital projects.--
``(A) Amount available.--The amount available for capital
projects under paragraph (1)(A) shall be not less than 55
percent of the funds apportioned to the recipient under this
section.
``(B) Allocation to subrecipients.--A recipient of a grant
under paragraph (1)(A) may allocate the amounts provided
under the grant to--
``(i) a nonprofit organization; or
``(ii) a State or local governmental authority that--

``(I) is approved by a State to coordinate services for
seniors and individuals with disabilities; or
``(II) certifies that there are no nonprofit organizations
readily available in the area to provide the services
described in paragraph (1)(A).

``(3) Administrative expenses.--
``(A) In general.--A recipient may use not more than 10
percent of the amounts apportioned to the recipient under
this section to administer, plan, and provide technical
assistance for a project funded under this section.
``(B) Government share of costs.--The Government share of
the costs of administering a program carried out using funds
under this section shall be 100 percent.
``(4) Eligible capital expenses.--The acquisition of public
transportation services is an eligible capital expense under
this section.
``(5) Coordination.--
``(A) Department of transportation.--To the maximum extent
feasible, the Secretary shall coordinate activities under
this section with related activities under other Federal
departments and agencies.
``(B) Other federal agencies and nonprofit organizations.--
A State or local governmental authority or nonprofit
organization that receives assistance from Government sources
(other than the Department of Transportation) for
nonemergency transportation services shall--
``(i) participate and coordinate with recipients of
assistance under this chapter in the design and delivery of
transportation services; and
``(ii) participate in the planning for the transportation
services described in clause (i).
``(6) Program of projects.--
``(A) In general.--Amounts made available to carry out this
section may be used for transportation projects to assist in
providing transportation services for seniors and individuals
with disabilities, if such transportation projects are
included in a program of projects.
``(B) Submission.--A recipient shall annually submit a
program of projects to the Secretary.
``(C) Assurance.--The program of projects submitted under
subparagraph (B) shall contain an assurance that the program
provides for the maximum feasible coordination of
transportation services assisted under this section with
transportation services assisted by other Government sources.
``(7) Meal delivery for homebound individuals.--A public
transportation service provider that receives assistance
under this section or section 5311(c) may coordinate and
assist in regularly providing meal delivery service for
homebound individuals, if the delivery service does not
conflict with providing public transportation service or
reduce service to public transportation passengers.
``(c) Apportionment and Transfers.--
``(1) Formula.--The Secretary shall apportion amounts made
available to carry out this section as follows:
``(A) Large urbanized areas.--Sixty percent of the funds
shall be apportioned among designated recipients for
urbanized areas with a population of 200,000 or more
individuals, as determined by the Bureau of the Census, in
the ratio that--
``(i) the number of seniors and individuals with
disabilities in each such urbanized area; bears to
``(ii) the number of seniors and individuals with
disabilities in all such urbanized areas.
``(B) Small urbanized areas.--Twenty percent of the funds
shall be apportioned among the States in the ratio that--
``(i) the number of seniors and individuals with
disabilities in urbanized areas with a population of fewer
than 200,000 individuals, as determined by the Bureau of the
Census, in each State; bears to
``(ii) the number of seniors and individuals with
disabilities in urbanized areas with a population of fewer
than 200,000 individuals, as determined by the Bureau of the
Census, in all States.
``(C) Other than urbanized areas.--Twenty percent of the
funds shall be apportioned among the States in the ratio
that--
``(i) the number of seniors and individuals with
disabilities in other than urbanized areas in each State;
bears to
``(ii) the number of seniors and individuals with
disabilities in other than urbanized areas in all States.
``(2) Areas served by projects.--
``(A) In general.--Except as provided in subparagraph (B)--
``(i) funds apportioned under paragraph (1)(A) shall be
used for projects serving urbanized areas with a population
of 200,000 or more individuals, as determined by the Bureau
of the Census;
``(ii) funds apportioned under paragraph (1)(B) shall be
used for projects serving urbanized areas with a population
of fewer than 200,000 individuals, as determined by the
Bureau of the Census; and
``(iii) funds apportioned under paragraph (1)(C) shall be
used for projects serving other than urbanized areas.

[[Page S1295]]

``(B) Exceptions.--A State may use funds apportioned to the
State under subparagraph (B) or (C) of paragraph (1)--
``(i) for a project serving an area other than an area
specified in subparagraph (A)(ii) or (A)(iii), as the case
may be, if the Governor of the State certifies that all of
the objectives of this section are being met in the area
specified in subparagraph (A)(ii) or (A)(iii); or
``(ii) for a project anywhere in the State, if the State
has established a statewide program for meeting the
objectives of this section.
``(C) Limited to eligible projects.--Any funds transferred
pursuant to subparagraph (B) shall be made available only for
eligible projects selected under this section.
``(D) Consultation.--A recipient may transfer an amount
under subparagraph (B) only after consulting with responsible
local officials, publicly owned operators of public
transportation, and nonprofit providers in the area for which
the amount was originally apportioned.
``(d) Government Share of Costs.--
``(1) Capital projects.--A grant for a capital project
under this section shall be in an amount equal to 80 percent
of the net capital costs of the project, as determined by the
Secretary.
``(2) Operating assistance.--A grant made under this
section for operating assistance may not exceed an amount
equal to 50 percent of the net operating costs of the
project, as determined by the Secretary.
``(3) Remainder of net costs.--The remainder of the net
costs of a project carried out under this section--
``(A) may be provided from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, a service
agreement with a State or local social service agency or a
private social service organization, or new capital; and
``(B) may be derived from amounts appropriated or otherwise
made available--
``(i) to a department or agency of the Government (other
than the Department of Transportation) that are eligible to
be expended for transportation; or
``(ii) to carry out the Federal lands highways program
under section 204 of title 23, United States Code.
``(4) Use of certain funds.--For purposes of paragraph
(3)(B)(i), the prohibition under section 403(a)(5)(C)(vii) of
the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) on the
use of grant funds for matching requirements shall not apply
to Federal or State funds to be used for transportation
purposes.
``(e) Grant Requirements.--
``(1) In general.--A grant under this section shall be
subject to the same requirements as a grant under section
5307, to the extent the Secretary determines appropriate.
``(2) Certification requirements.--
``(A) Project selection and plan development.--Before
receiving a grant under this section, each recipient shall
certify that--
``(i) the projects selected by the recipient are included
in a locally developed, coordinated public transit-human
services transportation plan;
``(ii) the plan described in clause (i) was developed and
approved through a process that included participation by
seniors, individuals with disabilities, representatives of
public, private, and nonprofit transportation and human
services providers, and other members of the public; and
``(iii) to the maximum extent feasible, the services funded
under this section will be coordinated with transportation
services assisted by other Federal departments and agencies,
including any transportation activities carried out by a
recipient of a grant from the Department of Health and Human
Services.
``(B) Allocations to subrecipients.--If a recipient
allocates funds received under this section to subrecipients,
the recipient shall certify that the funds are allocated on a
fair and equitable basis.
``(f) Competitive Process for Grants to Subrecipients.--
``(1) Areawide solicitations.--A recipient of funds
apportioned under subsection (c)(1)(A) may conduct, in
cooperation with the appropriate metropolitan planning
organization, an areawide solicitation for applications for
grants under this section.
``(2) Statewide solicitations.--A recipient of funds
apportioned under subparagraph (B) or (C) of subsection
(c)(1) may conduct a statewide solicitation for applications
for grants under this section.
``(3) Application.--If the recipient elects to engage in a
competitive process, a recipient or subrecipient seeking to
receive a grant from funds apportioned under subsection (c)
shall submit to the recipient making the election an
application in such form and in accordance with such
requirements as the recipient making the election shall
establish.
``(g) Transfers of Facilities and Equipment.--A recipient
may transfer a facility or equipment acquired using a grant
under this section to any other recipient eligible to receive
assistance under this chapter, if--
``(1) the recipient in possession of the facility or
equipment consents to the transfer; and
``(2) the facility or equipment will continue to be used as
required under this section.
``(h) Performance Measures.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2012,
the Secretary shall issue a final rule to establish
performance measures for grants under this section.
``(2) Measures.--The performance measures established under
paragraph (1) shall require the collection of quantitative
and qualitative information, as available, concerning--
``(A) modifications to the geographic coverage of
transportation service, the quality of transportation
service, or service times that increase the availability of
transportation services for seniors and individuals with
disabilities;
``(B) ridership;
``(C) accessibility improvements; and
``(D) other measures, as the Secretary determines is
appropriate.
``(3) Targets.--Not later than 3 months after the date on
which the Secretary issues a final rule under paragraph (1),
and each fiscal year thereafter, each recipient that receives
Federal financial assistance under this section shall
establish performance targets in relation to the performance
measures established by the Secretary.
``(4) Reports.--Each recipient of Federal financial
assistance under this section shall submit to the Secretary
an annual report that describes--
``(A) the progress of the recipient toward meeting the
performance targets established under paragraph (3) for that
fiscal year; and
``(B) the performance targets established by the recipient
for the subsequent fiscal year.''.

SEC. 20012. FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS.

Section 5311 of title 49, United States Code, is amended to
read as follows:

``Sec.  5311. Formula grants for other than urbanized areas

``(a) Definitions.--As used in this section, the following
definitions shall apply:
``(1) Recipient.--The term `recipient' means a State or
Indian tribe that receives a Federal transit program grant
directly from the Government.
``(2) Subrecipient.--The term `subrecipient' means a State
or local governmental authority, a nonprofit organization, or
an operator of public transportation or intercity bus service
that receives Federal transit program grant funds indirectly
through a recipient.
``(b) General Authority.--
``(1) Grants authorized.--Except as provided by paragraph
(2), the Secretary may award grants under this section to
recipients located in areas other than urbanized areas for--
``(A) planning, provided that a grant under this section
for planning activities shall be in addition to funding
awarded to a State under section 5305 for planning activities
that are directed specifically at the needs of other than
urbanized areas in the State;
``(B) public transportation capital projects;
``(C) operating costs of equipment and facilities for use
in public transportation; and
``(D) the acquisition of public transportation services,
including service agreements with private providers of public
transportation service.
``(2) State program.--
``(A) In general.--A project eligible for a grant under
this section shall be included in a State program for public
transportation service projects, including agreements with
private providers of public transportation service.
``(B) Submission to secretary.--Each State shall submit to
the Secretary annually the program described in subparagraph
(A).
``(C) Approval.--The Secretary may not approve the program
unless the Secretary determines that--
``(i) the program provides a fair distribution of amounts
in the State, including Indian reservations; and
``(ii) the program provides the maximum feasible
coordination of public transportation service assisted under
this section with transportation service assisted by other
Federal sources.
``(3) Rural transportation assistance program.--
``(A) In general.--The Secretary shall carry out a rural
transportation assistance program in other than urbanized
areas.
``(B) Grants and contracts.--In carrying out this
paragraph, the Secretary may use not more than 2 percent of
the amount made available under section 5338(a)(2)(F) to make
grants and contracts for transportation research, technical
assistance, training, and related support services in other
than urbanized areas.
``(C) Projects of a national scope.--Not more than 15
percent of the amounts available under subparagraph (B) may
be used by the Secretary to carry out projects of a national
scope, with the remaining balance provided to the States.
``(4) Data collection.--Each recipient under this section
shall submit an annual report to the Secretary containing
information on capital investment, operations, and service
provided with funds received under this section, including--
``(A) total annual revenue;
``(B) sources of revenue;
``(C) total annual operating costs;
``(D) total annual capital costs;
``(E) fleet size and type, and related facilities;
``(F) vehicle revenue miles; and
``(G) ridership.
``(c) Apportionments.--
``(1) Public transportation on indian reservations.--Of the
amounts made available or appropriated for each fiscal year
pursuant

[[Page S1296]]

to section 5338(a)(2)(F) to carry out this paragraph, the
following amounts shall be apportioned each fiscal year for
grants to Indian tribes for any purpose eligible under this
section, under such terms and conditions as may be
established by the Secretary:
``(A) $10,000,000 shall be distributed on a competitive
basis by the Secretary.
``(B) $20,000,000 shall be apportioned as formula grants,
as provided in subsection (k).
``(2) Appalachian development public transportation
assistance program.--
``(A) Definitions.--In this paragraph--
``(i) the term `Appalachian region' has the same meaning as
in section 14102 of title 40; and
``(ii) the term `eligible recipient' means a State that
participates in a program established under subtitle IV of
title 40.
``(B) In general.--The Secretary shall carry out a public
transportation assistance program in the Appalachian region.
``(C) Apportionment.--Of amounts made available or
appropriated for each fiscal year under section 5338(a)(2)(F)
to carry out this paragraph, the Secretary shall apportion
funds to eligible recipients for any purpose eligible under
this section, based on the guidelines established under
section 9.5(b) of the Appalachian Regional Commission Code.
``(D) Special rule.--An eligible recipient may use amounts
that cannot be used for operating expenses under this
paragraph for a highway project if--
``(i) that use is approved, in writing, by the eligible
recipient after appropriate notice and an opportunity for
comment and appeal are provided to affected public
transportation providers; and
``(ii) the eligible recipient, in approving the use of
amounts under this subparagraph, determines that the local
transit needs are being addressed.
``(3) Remaining amounts.--
``(A) In general.--The amounts made available or
appropriated for each fiscal year pursuant to section
5338(a)(2)(F) that are not apportioned under paragraph (1) or
(2) shall be apportioned in accordance with this paragraph.
``(B) Apportionment based on land area and population in
nonurbanized areas.--
``(i) In general.--83.15 percent of the amount described in
subparagraph (A) shall be apportioned to the States in
accordance with this subparagraph.
``(ii) Land area.--

``(I) In general.--Subject to subclause (II), each State
shall receive an amount that is equal to 20 percent of the
amount apportioned under clause (i), multiplied by the ratio
of the land area in areas other than urbanized areas in that
State and divided by the land area in all areas other than
urbanized areas in the United States, as shown by the most
recent decennial census of population.
``(II) Maximum apportionment.--No State shall receive more
than 5 percent of the amount apportioned under subclause (I).

``(iii) Population.--Each State shall receive an amount
equal to 80 percent of the amount apportioned under clause
(i), multiplied by the ratio of the population of areas other
than urbanized areas in that State and divided by the
population of all areas other than urbanized areas in the
United States, as shown by the most recent decennial census
of population.
``(C) Apportionment based on land area, vehicle revenue
miles, and low-income individuals in nonurbanized areas.--
``(i) In general.--16.85 percent of the amount described in
subparagraph (A) shall be apportioned to the States in
accordance with this subparagraph.
``(ii) Land area.--Subject to clause (v), each State shall
receive an amount that is equal to 29.68 percent of the
amount apportioned under clause (i), multiplied by the ratio
of the land area in areas other than urbanized areas in that
State and divided by the land area in all areas other than
urbanized areas in the United States, as shown by the most
recent decennial census of population.
``(iii) Vehicle revenue miles.--Subject to clause (v), each
State shall receive an amount that is equal to 29.68 percent
of the amount apportioned under clause (i), multiplied by the
ratio of vehicle revenue miles in areas other than urbanized
areas in that State and divided by the vehicle revenue miles
in all areas other than urbanized areas in the United States,
as determined by national transit database reporting.
``(iv) Low-income individuals.--Each State shall receive an
amount that is equal to 40.64 percent of the amount
apportioned under clause (i), multiplied by the ratio of low-
income individuals in areas other than urbanized areas in
that State and divided by the number of low-income
individuals in all areas other than urbanized areas in the
United States, as shown by the Bureau of the Census.
``(v) Maximum apportionment.--No State shall receive--

``(I) more than 5 percent of the amount apportioned under
clause (ii); or
``(II) more than 5 percent of the amount apportioned under
clause (iii).

``(d) Use for Local Transportation Service.--A State may
use an amount apportioned under this section for a project
included in a program under subsection (b) of this section
and eligible for assistance under this chapter if the project
will provide local transportation service, as defined by the
Secretary of Transportation, in an area other than an
urbanized area.
``(e) Use for Administration, Planning, and Technical
Assistance.--The Secretary may allow a State to use not more
than 15 percent of the amount apportioned under this section
to administer this section and provide technical assistance
to a subrecipient, including project planning, program and
management development, coordination of public transportation
programs, and research the State considers appropriate to
promote effective delivery of public transportation to an
area other than an urbanized area.
``(f) Intercity Bus Transportation.--
``(1) In general.--A State shall expend at least 15 percent
of the amount made available in each fiscal year to carry out
a program to develop and support intercity bus
transportation. Eligible activities under the program
include--
``(A) planning and marketing for intercity bus
transportation;
``(B) capital grants for intercity bus shelters;
``(C) joint-use stops and depots;
``(D) operating grants through purchase-of-service
agreements, user-side subsidies, and demonstration projects;
and
``(E) coordinating rural connections between small public
transportation operations and intercity bus carriers.
``(2) Certification.--A State does not have to comply with
paragraph (1) of this subsection in a fiscal year in which
the Governor of the State certifies to the Secretary, after
consultation with affected intercity bus service providers,
that the intercity bus service needs of the State are being
met adequately.
``(g) Access to Jobs Projects.--
``(1) In general.--Amounts made available under section
5338(a)(2)(F) may be used to carry out a program to develop
and maintain job access projects. Eligible projects may
include--
``(A) projects relating to the development and maintenance
of public transportation services designed to transport
eligible low-income individuals to and from jobs and
activities related to their employment, including--
``(i) public transportation projects to finance planning,
capital, and operating costs of providing access to jobs
under this chapter;
``(ii) promoting public transportation by low-income
workers, including the use of public transportation by
workers with nontraditional work schedules;
``(iii) promoting the use of transit vouchers for welfare
recipients and eligible low-income individuals; and
``(iv) promoting the use of employer-provided
transportation, including the transit pass benefit program
under section 132 of the Internal Revenue Code of 1986; and
``(B) transportation projects designed to support the use
of public transportation including--
``(i) enhancements to existing public transportation
service for workers with non-traditional hours or reverse
commutes;
``(ii) guaranteed ride home programs;
``(iii) bicycle storage facilities; and
``(iv) projects that otherwise facilitate the provision of
public transportation services to employment opportunities.
``(2) Project selection and plan development.--Each grant
recipient under this subsection shall certify that--
``(A) the projects selected were included in a locally
developed, coordinated public transit-human services
transportation plan;
``(B) the plan was developed and approved through a process
that included participation by low-income individuals,
representatives of public, private, and nonprofit
transportation and human services providers, and the public;
``(C) to the maximum extent feasible, services funded under
this subsection are coordinated with transportation services
funded by other Federal departments and agencies; and
``(D) allocations of the grant to subrecipients, if any,
are distributed on a fair and equitable basis.
``(3) Competitive process for grants to subrecipients.--
``(A) Statewide solicitations.--A State may conduct a
statewide solicitation for applications for grants to
recipients and subrecipients under this subsection.
``(B) Application.--If the State elects to engage in a
competitive process, recipients and subrecipients seeking to
receive a grant from apportioned funds shall submit to the
State an application in the form and in accordance with such
requirements as the State shall establish.
``(h) Government Share of Costs.--
``(1) Capital projects.--
``(A) In general.--Except as provided by subparagraph (B),
a grant awarded under this section for a capital project or
project administrative expenses shall be for 80 percent of
the net costs of the project, as determined by the Secretary.
``(B) Exception.--A State described in section 120(b) of
title 23 shall receive a Government share of the net costs in
accordance with the formula under that section.
``(2) Operating assistance.--
``(A) In general.--Except as provided by subparagraph (B),
a grant made under this section for operating assistance may
not exceed 50 percent of the net operating costs of the
project, as determined by the Secretary.
``(B) Exception.--A State described in section 120(b) of
title 23 shall receive a Government share of the net
operating costs equal

[[Page S1297]]

to 62.5 percent of the Government share provided for under
paragraph (1)(B).
``(3) Remainder.--The remainder of net project costs--
``(A) may be provided from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, a service
agreement with a State or local social service agency or a
private social service organization, or new capital;
``(B) may be derived from amounts appropriated or otherwise
made available to a department or agency of the Government
(other than the Department of Transportation) that are
eligible to be expended for transportation; and
``(C) notwithstanding subparagraph (B), may be derived from
amounts made available to carry out the Federal lands highway
program established by section 204 of title 23.
``(4) Use of certain funds.--For purposes of paragraph
(3)(B), the prohibitions on the use of funds for matching
requirements under section 403(a)(5)(C)(vii) of the Social
Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to
Federal or State funds to be used for transportation
purposes.
``(5) Limitation on operating assistance.--A State carrying
out a program of operating assistance under this section may
not limit the level or extent of use of the Government grant
for the payment of operating expenses.
``(i) Transfer of Facilities and Equipment.--With the
consent of the recipient currently having a facility or
equipment acquired with assistance under this section, a
State may transfer the facility or equipment to any recipient
eligible to receive assistance under this chapter if the
facility or equipment will continue to be used as required
under this section.
``(j) Relationship to Other Laws.--
``(1) In general.--Section 5333(b) applies to this section
if the Secretary of Labor utilizes a special warranty that
provides a fair and equitable arrangement to protect the
interests of employees.
``(2) Rule of construction.--This subsection does not
affect or discharge a responsibility of the Secretary of
Transportation under a law of the United States.
``(k) Formula Grants for Public Transportation on Indian
Reservations.--
``(1) Apportionment.--
``(A) In general.--Of the amounts described in subsection
(c)(1)(B)--
``(i) 50 percent of the total amount shall be apportioned
so that each Indian tribe providing public transportation
service shall receive an amount equal to the total amount
apportioned under this clause multiplied by the ratio of the
number of vehicle revenue miles provided by an Indian tribe
divided by the total number of vehicle revenue miles provided
by all Indian tribes, as reported to the Secretary;
``(ii) 25 percent of the total amount shall be apportioned
equally among each Indian tribe providing at least 200,000
vehicle revenue miles of public transportation service
annually, as reported to the Secretary; and
``(iii) 25 percent of the total amount shall be apportioned
among each Indian tribe providing public transportation on
tribal lands on which more than 1,000 low-income individuals
reside (as determined by the Bureau of the Census) so that
each Indian tribe shall receive an amount equal to the total
amount apportioned under this clause multiplied by the ratio
of the number of low-income individuals residing on an Indian
tribe's lands divided by the total number of low-income
individuals on tribal lands on which more than 1,000 low-
income individuals reside.
``(B) Limitation.--No recipient shall receive more than
$300,000 of the amounts apportioned under subparagraph
(A)(iii) in a fiscal year.
``(C) Remaining amounts.--Of the amounts made available
under subparagraph (A)(iii), any amounts not apportioned
under that subparagraph shall be allocated among Indian
tribes receiving less than $300,000 in a fiscal year
according to the formula specified in that clause.
``(D) Low-income individuals.--For purposes of subparagraph
(A)(iii), the term `low-income individual' means an
individual whose family income is at or below 100 percent of
the poverty line, as that term is defined in section 673(2)
of the Community Services Block Grant Act (42 U.S.C.
9902(2)), including any revision required by that section,
for a family of the size involved.
``(2) Non-tribal service providers.--A recipient that is an
Indian tribe may use funds apportioned under this subsection
to finance public transportation services provided by a non-
tribal provider of public transportation that connects
residents of tribal lands with surrounding communities,
improves access to employment or healthcare, or otherwise
addresses the mobility needs of tribal members.''.

SEC. 20013. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
DEPLOYMENT PROJECTS.

Section 5312 of title 49, United States Code, is amended to
read as follows:

``Sec.  5312. Research, development, demonstration, and
deployment projects

``(a) Research, Development, Demonstration, and Deployment
Projects.--
``(1) In general.--The Secretary may make grants and enter
into contracts, cooperative agreements, and other agreements
for research, development, demonstration, and deployment
projects, and evaluation of research and technology of
national significance to public transportation, that the
Secretary determines will improve public transportation.
``(2) Agreements.--In order to carry out paragraph (1), the
Secretary may make grants to and enter into contracts,
cooperative agreements, and other agreements with--
``(A) departments, agencies, and instrumentalities of the
Government;
``(B) State and local governmental entities;
``(C) providers of public transportation;
``(D) private or non-profit organizations;
``(E) institutions of higher education; and
``(F) technical and community colleges.
``(3) Application.--
``(A) In general.--To receive a grant, contract,
cooperative agreement, or other agreement under this section,
an entity described in paragraph (2) shall submit an
application to the Secretary.
``(B) Form and contents.--An application under subparagraph
(A) shall be in such form and contain such information as the
Secretary may require, including--
``(i) a statement of purpose detailing the need being
addressed;
``(ii) the short- and long-term goals of the project,
including opportunities for future innovation and
development, the potential for deployment, and benefits to
riders and public transportation; and
``(iii) the short- and long-term funding requirements to
complete the project and any future objectives of the
project.
``(b) Research.--
``(1) In general.--The Secretary may make a grant to or
enter into a contract, cooperative agreement, or other
agreement under this section with an entity described in
subsection (a)(2) to carry out a public transportation
research project that has as its ultimate goal the
development and deployment of new and innovative ideas,
practices, and approaches.
``(2) Project eligibility.--A public transportation
research project that receives assistance under paragraph (1)
shall focus on--
``(A) providing more effective and efficient public
transportation service, including services to--
``(i) seniors;
``(ii) individuals with disabilities; and
``(iii) low-income individuals;
``(B) mobility management and improvements and travel
management systems;
``(C) data and communication system advancements;
``(D) system capacity, including--
``(i) train control;
``(ii) capacity improvements; and
``(iii) performance management;
``(E) capital and operating efficiencies;
``(F) planning and forecasting modeling and simulation;
``(G) advanced vehicle design;
``(H) advancements in vehicle technology;
``(I) asset maintenance and repair systems advancement;
``(J) construction and project management;
``(K) alternative fuels;
``(L) the environment and energy efficiency;
``(M) safety improvements; or
``(N) any other area that the Secretary determines is
important to advance the interests of public transportation.
``(c) Innovation and Development.--
``(1) In general.--The Secretary may make a grant to or
enter into a contract, cooperative agreement, or other
agreement under this section with an entity described in
subsection (a)(2) to carry out a public transportation
innovation and development project that seeks to improve
public transportation systems nationwide in order to provide
more efficient and effective delivery of public
transportation services, including through technology and
technological capacity improvements.
``(2) Project eligibility.--A public transportation
innovation and development project that receives assistance
under paragraph (1) shall focus on--
``(A) the development of public transportation research
projects that received assistance under subsection (b) that
the Secretary determines were successful;
``(B) planning and forecasting modeling and simulation;
``(C) capital and operating efficiencies;
``(D) advanced vehicle design;
``(E) advancements in vehicle technology;
``(F) the environment and energy efficiency;
``(G) system capacity, including train control and capacity
improvements; or
``(H) any other area that the Secretary determines is
important to advance the interests of public transportation.
``(d) Demonstration, Deployment, and Evaluation.--
``(1) In general.--The Secretary may, under terms and
conditions that the Secretary prescribes, make a grant to or
enter into a contract, cooperative agreement, or other
agreement with an entity described in paragraph (2) to
promote the early deployment and demonstration of innovation
in public transportation that has broad applicability.
``(2) Participants.--An entity described in this paragraph
is--
``(A) an entity described in subsection (a)(2); or
``(B) a consortium of entities described in subsection
(a)(2), including a provider of public transportation, that
will share the costs, risks, and rewards of early deployment
and demonstration of innovation.

[[Page S1298]]

``(3) Project eligibility.--A project that receives
assistance under paragraph (1) shall seek to build on
successful research, innovation, and development efforts to
facilitate--
``(A) the deployment of research and technology development
resulting from private efforts or federally funded efforts;
and
``(B) the implementation of research and technology
development to advance the interests of public
transportation.
``(4) Evaluation.--Not later than 2 years after the date on
which a project receives assistance under paragraph (1), the
Secretary shall conduct a comprehensive evaluation of the
success or failure of the projects funded under this
subsection and any plan for broad-based implementation of the
innovation promoted by successful projects.
``(e) Annual Report on Research.--Not later than the first
Monday in February of each year, the Secretary shall submit
to the Committee on Banking, Housing, and Urban Affairs and
the Committee on Appropriations of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives a
report that includes--
``(1) a description of each project that received
assistance under this section during the preceding fiscal
year;
``(2) an evaluation of each project described in paragraph
(1), including any evaluation conducted under subsection
(d)(4) for the preceding fiscal year; and
``(3) a proposal for allocations of amounts for assistance
under this section for the subsequent fiscal year.
``(f) Government Share of Costs.--
``(1) In general.--The Government share of the cost of a
project carried out under this section shall not exceed 80
percent.
``(2) Non-government share.--The non-Government share of
the cost of a project carried out under this section may be
derived from in-kind contributions.
``(3) Financial benefit.--If the Secretary determines that
there would be a clear and direct financial benefit to an
entity under a grant, contract, cooperative agreement, or
other agreement under this section, the Secretary shall
establish a Government share of the costs of the project to
be carried out under the grant, contract, cooperative
agreement, or other agreement that is consistent with the
benefit.''.

SEC. 20014. TECHNICAL ASSISTANCE AND STANDARDS DEVELOPMENT.

Section 5314 of title 49, United States Code, is amended to
read as follows:

``Sec.  5314. Technical assistance and standards development

``(a) Technical Assistance and Standards Development.--
``(1) In general.--The Secretary may make grants and enter
into contracts, cooperative agreements, and other agreements
(including agreements with departments, agencies, and
instrumentalities of the Government) to carry out activities
that the Secretary determines will assist recipients of
assistance under this chapter to--
``(A) more effectively and efficiently provide public
transportation service;
``(B) administer funds received under this chapter in
compliance with Federal law; and
``(C) improve public transportation.
``(2) Eligible activities.--The activities carried out
under paragraph (1) may include--
``(A) technical assistance; and
``(B) the development of standards and best practices by
the public transportation industry.
``(b) Technical Assistance Centers.--
``(1) Definition.--In this subsection, the term `eligible
entity' means a nonprofit organization, an institution of
higher education, or a technical or community college.
``(2) In general.--The Secretary may make grants to and
enter into contracts, cooperative agreements, and other
agreements with eligible entities to administer centers to
provide technical assistance, including--
``(A) the development of tools and guidance; and
``(B) the dissemination of best practices.
``(3) Competitive process.--The Secretary may make grants
and enter into contracts, cooperative agreements, and other
agreements under paragraph (2) through a competitive process
on a biennial basis for technical assistance in each of the
following categories:
``(A) Human services transportation coordination,
including--
``(i) transportation for seniors;
``(ii) transportation for individuals with disabilities;
and
``(iii) coordination of local resources and programs to
assist low-income individuals and veterans in gaining access
to training and employment opportunities.
``(B) Transit-oriented development.
``(C) Transportation equity with regard to the impact that
transportation planning, investment, and operations have on
low-income and minority individuals.
``(D) Financing mechanisms, including--
``(i) public-private partnerships;
``(ii) bonding; and
``(iii) State and local capacity building.
``(E) Any other activity that the Secretary determines is
important to advance the interests of public transportation.
``(4) Expertise of technical assistance centers.--In
selecting an eligible entity to administer a center under
this subsection, the Secretary shall consider--
``(A) the demonstrated subject matter expertise of the
eligible entity; and
``(B) the capacity of the eligible entity to deliver
technical assistance on a regional or nationwide basis.
``(5) Partnerships.--An eligible entity may partner with
another eligible entity to provide technical assistance under
this subsection.
``(c) Government Share of Costs.--
``(1) In general.--The Government share of the cost of an
activity under this section may not exceed 80 percent.
``(2) Non-government share.--The non-Government share of
the cost of an activity under this section may be derived
from in-kind contributions.''.

SEC. 20015. BUS TESTING FACILITIES.

Section 5318 of title 49, United States Code, is amended to
read as follows:

``Sec.  5318. Bus testing facilities

``(a) Facilities.--The Secretary shall certify not more
than 4 comprehensive facilities for testing new bus models
for maintainability, reliability, safety, performance
(including braking performance), structural integrity, fuel
economy, emissions, and noise.
``(b) Cooperative Agreement.--The Secretary shall enter
into a cooperative agreement with not more than 4 qualified
entities to test public transportation vehicles under
subsection (a).
``(c) Fees.--An entity that operates and maintains a
facility certified under subsection (a) shall establish and
collect reasonable fees for the testing of vehicles at the
facility. The Secretary must approve the fees.
``(d) Availability of Amounts To Pay for Testing.--
``(1) In general.--The Secretary shall enter into a
cooperative agreement with an entity that operates and
maintains a facility certified under subsection (a), under
which 80 percent of the fee for testing a vehicle at the
facility may be available from amounts apportioned to a
recipient under section 5336 or from amounts appropriated to
carry out this section.
``(2) Prohibition.--An entity that operates and maintains a
facility described in subsection (a) shall not have a
financial interest in the outcome of the testing carried out
at the facility.
``(e) Acquiring New Bus Models.--Amounts appropriated or
made available under this chapter may be obligated or
expended to acquire a new bus model only if--
``(1) a bus of that model has been tested at a facility
described in subsection (a); and
``(2) the bus tested under paragraph (1) met--
``(A) performance standards for maintainability,
reliability, performance (including braking performance),
structural integrity, fuel economy, emissions, and noise, as
established by the Secretary by rule; and
``(B) the minimum safety performance standards established
by the Secretary pursuant to section 5329(b).''.

SEC. 20016. PUBLIC TRANSPORTATION WORKFORCE DEVELOPMENT AND
HUMAN RESOURCE PROGRAMS.

Section 5322 of title 49, United States Code, is amended to
read as follows:

``Sec.  5322. Public transportation workforce development and
human resource programs

``(a) In General.--The Secretary may undertake, or make
grants or enter into contracts for, activities that address
human resource needs as the needs apply to public
transportation activities, including activities that--
``(1) educate and train employees;
``(2) develop the public transportation workforce through
career outreach and preparation;
``(3) develop a curriculum for workforce development;
``(4) conduct outreach programs to increase minority and
female employment in public transportation;
``(5) conduct research on public transportation personnel
and training needs;
``(6) provide training and assistance for minority business
opportunities;
``(7) advance training relating to maintenance of
alternative energy, energy efficiency, or zero emission
vehicles and facilities used in public transportation; and
``(8) address a current or projected workforce shortage in
an area that requires technical expertise.
``(b) Funding.--
``(1) Urbanized area formula grants.--A recipient or
subrecipient of funding under section 5307 shall expend not
less than 0.5 percent of such funding for activities
consistent with subsection (a).
``(2) Waiver.--The Secretary may waive the requirement
under paragraph (1) with respect to a recipient or
subrecipient if the Secretary determines that the recipient
or subrecipient--
``(A) has an adequate workforce development program; or
``(B) has partnered with a local educational institution in
a manner that sufficiently promotes or addresses workforce
development and human resource needs.
``(c) Innovative Public Transportation Workforce
Development Program.--
``(1) Program established.--The Secretary shall establish a
competitive grant program to assist the development of
innovative activities eligible for assistance under
subsection (a).
``(2) Selection of recipients.--To the maximum extent
feasible, the Secretary shall select recipients that--
``(A) are geographically diverse;
``(B) address the workforce and human resources needs of
large public transportation providers;
``(C) address the workforce and human resources needs of
small public transportation providers;

[[Page S1299]]

``(D) address the workforce and human resources needs of
urban public transportation providers;
``(E) address the workforce and human resources needs of
rural public transportation providers;
``(F) advance training related to maintenance of
alternative energy, energy efficiency, or zero emission
vehicles and facilities used in public transportation;
``(G) target areas with high rates of unemployment; and
``(H) address current or projected workforce shortages in
areas that require technical expertise.
``(d) Government's Share of Costs.--The Government share of
the cost of a project carried out using a grant under this
section shall be 50 percent.
``(e) Report.--Not later than 2 years after the date of
enactment of the Federal Public Transportation Act of 2012,
the Secretary shall submit to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report concerning the measurable outcomes
and impacts of the programs funded under this section.''.

SEC. 20017. GENERAL PROVISIONS.

Section 5323 of title 49, United States Code, is amended to
read as follows:

``Sec.  5323. General provisions

``(a) Interests in Property.--
``(1) In general.--Financial assistance provided under this
chapter to a State or a local governmental authority may be
used to acquire an interest in, or to buy property of, a
private company engaged in public transportation, for a
capital project for property acquired from a private company
engaged in public transportation after July 9, 1964, or to
operate a public transportation facility or equipment in
competition with, or in addition to, transportation service
provided by an existing public transportation company, only
if--
``(A) the Secretary determines that such financial
assistance is essential to a program of projects required
under sections 5303 and 5304;
``(B) the Secretary determines that the program provides
for the participation of private companies engaged in public
transportation to the maximum extent feasible; and
``(C) just compensation under State or local law will be
paid to the company for its franchise or property.
``(2) Limitation.--A governmental authority may not use
financial assistance of the United States Government to
acquire land, equipment, or a facility used in public
transportation from another governmental authority in the
same geographic area.
``(b) Relocation and Real Property Requirements.--The
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.) shall apply to
financial assistance for capital projects under this chapter.
``(c) Consideration of Economic, Social, and Environmental
Interests.--
``(1) Cooperation and consultation.--In carrying out the
goal described in section 5301(c)(2), the Secretary shall
cooperate and consult with the Secretary of the Interior and
the Administrator of the Environmental Protection Agency on
each project that may have a substantial impact on the
environment.
``(2) Compliance with nepa.--The National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to
financial assistance for capital projects under this chapter.
``(d) Corridor Preservation.--
``(1) In general.--The Secretary may assist a recipient in
acquiring right-of-way before the completion of the
environmental reviews for any project that may use the right-
of-way if the acquisition is otherwise permitted under
Federal law. The Secretary may establish restrictions on such
an acquisition as the Secretary determines to be necessary
and appropriate.
``(2) Environmental reviews.--Right-of-way acquired under
this subsection may not be developed in anticipation of the
project until all required environmental reviews for the
project have been completed.
``(e) Condition on Charter Bus Transportation Service.--
``(1) Agreements.--Financial assistance under this chapter
may be used to buy or operate a bus only if the applicant,
governmental authority, or publicly owned operator that
receives the assistance agrees that, except as provided in
the agreement, the governmental authority or an operator of
public transportation for the governmental authority will not
provide charter bus transportation service outside the urban
area in which it provides regularly scheduled public
transportation service. An agreement shall provide for a fair
arrangement the Secretary of Transportation considers
appropriate to ensure that the assistance will not enable a
governmental authority or an operator for a governmental
authority to foreclose a private operator from providing
intercity charter bus service if the private operator can
provide the service.
``(2) Violations.--
``(A) Investigations.--On receiving a complaint about a
violation of the agreement required under paragraph (1), the
Secretary shall investigate and decide whether a violation
has occurred.
``(B) Enforcement of agreements.--If the Secretary decides
that a violation has occurred, the Secretary shall correct
the violation under terms of the agreement.
``(C) Additional remedies.--In addition to any remedy
specified in the agreement, the Secretary shall bar a
recipient or an operator from receiving Federal transit
assistance in an amount the Secretary considers appropriate
if the Secretary finds a pattern of violations of the
agreement.
``(f) Bond Proceeds Eligible for Local Share.--
``(1) Use as local matching funds.--Notwithstanding any
other provision of law, a recipient of assistance under
section 5307, 5309, or 5337 may use the proceeds from the
issuance of revenue bonds as part of the local matching funds
for a capital project.
``(2) Maintenance of effort.--The Secretary shall approve
of the use of the proceeds from the issuance of revenue bonds
for the remainder of the net project cost only if the
Secretary finds that the aggregate amount of financial
support for public transportation in the urbanized area
provided by the State and affected local governmental
authorities during the next 3 fiscal years, as programmed in
the State transportation improvement program under section
5304, is not less than the aggregate amount provided by the
State and affected local governmental authorities in the
urbanized area during the preceding 3 fiscal years.
``(3) Debt service reserve.--The Secretary may reimburse an
eligible recipient for deposits of bond proceeds in a debt
service reserve that the recipient establishes pursuant to
section 5302(3)(J) from amounts made available to the
recipient under section 5309.
``(g) Schoolbus Transportation.--
``(1) Agreements.--Financial assistance under this chapter
may be used for a capital project, or to operate public
transportation equipment or a public transportation facility,
only if the applicant agrees not to provide schoolbus
transportation that exclusively transports students and
school personnel in competition with a private schoolbus
operator. This subsection does not apply--
``(A) to an applicant that operates a school system in the
area to be served and a separate and exclusive schoolbus
program for the school system; and
``(B) unless a private schoolbus operator can provide
adequate transportation that complies with applicable safety
standards at reasonable rates.
``(2) Violations.--If the Secretary finds that an
applicant, governmental authority, or publicly owned operator
has violated the agreement required under paragraph (1), the
Secretary shall bar a recipient or an operator from receiving
Federal transit assistance in an amount the Secretary
considers appropriate.
``(h) Buying Buses Under Other Laws.--Subsections (e) and
(g) of this section apply to financial assistance to buy a
bus under sections 133 and 142 of title 23.
``(i) Grant and Loan Prohibitions.--A grant or loan may not
be used to--
``(1) pay ordinary governmental or nonproject operating
expenses; or
``(2) support a procurement that uses an exclusionary or
discriminatory specification.
``(j) Government Share of Costs for Certain Projects.--A
grant for a project to be assisted under this chapter that
involves acquiring vehicle-related equipment or facilities
required by the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) or vehicle-related equipment or
facilities (including clean fuel or alternative fuel vehicle-
related equipment or facilities) for purposes of complying
with or maintaining compliance with the Clean Air Act, is for
90 percent of the net project cost of such equipment or
facilities attributable to compliance with those Acts. The
Secretary shall have discretion to determine, through
practicable administrative procedures, the costs of such
equipment or facilities attributable to compliance with those
Acts.
``(k) Buy America.--
``(1) In general.--The Secretary may obligate an amount
that may be appropriated to carry out this chapter for a
project only if the steel, iron, and manufactured goods used
in the project are produced in the United States.
``(2) Waiver.--The Secretary may waive paragraph (1) of
this subsection if the Secretary finds that--
``(A) applying paragraph (1) would be inconsistent with the
public interest;
``(B) the steel, iron, and goods produced in the United
States are not produced in a sufficient and reasonably
available amount or are not of a satisfactory quality;
``(C) when procuring rolling stock (including train
control, communication, and traction power equipment) under
this chapter--
``(i) the cost of components and subcomponents produced in
the United States is more than 60 percent of the cost of all
components of the rolling stock; and
``(ii) final assembly of the rolling stock has occurred in
the United States; or
``(D) including domestic material will increase the cost of
the overall project by more than 25 percent.
``(3) Written waiver determination and annual report.--
``(A) Written determination.--Before issuing a waiver under
paragraph (2), the Secretary shall--
``(i) publish in the Federal Register and make publicly
available in an easily identifiable location on the website
of the Department of Transportation a detailed written
explanation of the waiver determination; and
``(ii) provide the public with a reasonable period of time
for notice and comment.

[[Page S1300]]

``(B) Annual report.--Not later than 1 year after the date
of enactment of the Federal Public Transportation Act of
2012, and annually thereafter, the Secretary shall submit to
the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report listing any waiver
issued under paragraph (2) during the preceding year.
``(4) Labor costs for final assembly.--In this subsection,
labor costs involved in final assembly are not included in
calculating the cost of components.
``(5) Waiver prohibited.--The Secretary may not make a
waiver under paragraph (2) of this subsection for goods
produced in a foreign country if the Secretary, in
consultation with the United States Trade Representative,
decides that the government of that foreign country--
``(A) has an agreement with the United States Government
under which the Secretary has waived the requirement of this
subsection; and
``(B) has violated the agreement by discriminating against
goods to which this subsection applies that are produced in
the United States and to which the agreement applies.
``(6) Penalty for mislabeling and misrepresentation.--A
person is ineligible under subpart 9.4 of the Federal
Acquisition Regulation, or any successor thereto, to receive
a contract or subcontract made with amounts authorized under
the Federal Public Transportation Act of 2012 if a court or
department, agency, or instrumentality of the Government
decides the person intentionally--
``(A) affixed a `Made in America' label, or a label with an
inscription having the same meaning, to goods sold in or
shipped to the United States that are used in a project to
which this subsection applies but not produced in the United
States; or
``(B) represented that goods described in subparagraph (A)
of this paragraph were produced in the United States.
``(7) State requirements.--The Secretary may not impose any
limitation on assistance provided under this chapter that
restricts a State from imposing more stringent requirements
than this subsection on the use of articles, materials, and
supplies mined, produced, or manufactured in foreign
countries in projects carried out with that assistance or
restricts a recipient of that assistance from complying with
those State-imposed requirements.
``(8) Opportunity to correct inadvertent error.--The
Secretary may allow a manufacturer or supplier of steel,
iron, or manufactured goods to correct after bid opening any
certification of noncompliance or failure to properly
complete the certification (but not including failure to sign
the certification) under this subsection if such manufacturer
or supplier attests under penalty of perjury that such
manufacturer or supplier submitted an incorrect certification
as a result of an inadvertent or clerical error. The burden
of establishing inadvertent or clerical error is on the
manufacturer or supplier.
``(9) Administrative review.--A party adversely affected by
an agency action under this subsection shall have the right
to seek review under section 702 of title 5.
``(l) Participation of Governmental Agencies in Design and
Delivery of Transportation Services.--Governmental agencies
and nonprofit organizations that receive assistance from
Government sources (other than the Department of
Transportation) for nonemergency transportation services
shall--
``(1) participate and coordinate with recipients of
assistance under this chapter in the design and delivery of
transportation services; and
``(2) be included in the planning for those services.
``(m) Relationship to Other Laws.--
``(1) Fraud and false statements.--Section 1001 of title 18
applies to a certificate, submission, or statement provided
under this chapter. The Secretary may terminate financial
assistance under this chapter and seek reimbursement
directly, or by offsetting amounts, available under this
chapter if the Secretary determines that a recipient of such
financial assistance has made a false or fraudulent statement
or related act in connection with a Federal public
transportation program.
``(2) Political activities of nonsupervisory employees.--
The provision of assistance under this chapter shall not be
construed to require the application of chapter 15 of title 5
to any nonsupervisory employee of a public transportation
system (or any other agency or entity performing related
functions) to whom such chapter does not otherwise apply.
``(n) Preaward and Postdelivery Review of Rolling Stock
Purchases.--The Secretary shall prescribe regulations
requiring a preaward and postdelivery review of a grant under
this chapter to buy rolling stock to ensure compliance with
Government motor vehicle safety requirements, subsection (k)
of this section, and bid specifications requirements of grant
recipients under this chapter. Under this subsection,
independent inspections and review are required, and a
manufacturer certification is not sufficient. Rolling stock
procurements of 20 vehicles or fewer made for the purpose of
serving other than urbanized areas and urbanized areas with
populations of 200,000 or fewer shall be subject to the same
requirements as established for procurements of 10 or fewer
buses under the post-delivery purchaser's requirements
certification process under section 663.37(c) of title 49,
Code of Federal Regulations.
``(o) Submission of Certifications.--A certification
required under this chapter and any additional certification
or assurance required by law or regulation to be submitted to
the Secretary may be consolidated into a single document to
be submitted annually as part of a grant application under
this chapter. The Secretary shall publish annually a list of
all certifications required under this chapter with the
publication required under section 5336(d)(2).
``(p) Grant Requirements.--The grant requirements under
sections 5307, 5309, and 5337 apply to any project under this
chapter that receives any assistance or other financing under
chapter 6 (other than section 609) of title 23.
``(q) Alternative Fueling Facilities.--A recipient of
assistance under this chapter may allow the incidental use of
federally funded alternative fueling facilities and equipment
by nontransit public entities and private entities if--
``(1) the incidental use does not interfere with the
recipient's public transportation operations;
``(2) all costs related to the incidental use are fully
recaptured by the recipient from the nontransit public entity
or private entity;
``(3) the recipient uses revenues received from the
incidental use in excess of costs for planning, capital, and
operating expenses that are incurred in providing public
transportation; and
``(4) private entities pay all applicable excise taxes on
fuel.
``(r) Fixed Guideway Categorical Exclusion.--
``(1) Study.--Not later than 6 months after the date of
enactment of the Federal Public Transportation Act of 2012,
the Secretary shall conduct a study to determine the
feasibility of providing a categorical exclusion for
streetcar, bus rapid transit, and light rail projects located
within an existing transportation right-of-way from the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) in accordance with the Council on
Environmental Quality implementing regulations under parts
1500 through 1508 of title 40, Code of Federal Regulations,
or any successor thereto.
``(2) Findings and rules.--Not later than 1 year after the
date of enactment of the Federal Public Transportation Act of
2012, the Secretary shall issue findings and, if appropriate,
issue rules to provide categorical exclusions for suitable
categories of projects.''.

SEC. 20018. CONTRACT REQUIREMENTS.

Section 5325 of title 49, United States Code, is amended--
(1) in subsection (h), by striking ``Federal Public
Transportation Act of 2005'' and inserting ``Federal Public
Transportation Act of 2012'';
(2) in subsection (j)(2)(C), by striking ``, including the
performance reported in the Contractor Performance Assessment
Reports required under section 5309(l)(2)''; and
(3) by adding at the end the following:
``(k) Veterans Employment.--Recipients and subrecipients of
Federal financial assistance under this chapter shall ensure
that contractors working on a capital project funded using
such assistance give a hiring preference to veterans, as
defined in section 2108 of title 5, who have the requisite
skills and abilities to perform the construction work
required under the contract.''.

SEC. 20019. TRANSIT ASSET MANAGEMENT.

Section 5326 of title 49, United States Code, is amended to
read as follows:

``Sec.  5326. Transit asset management

``(a) Definitions.--In this section the following
definitions shall apply:
``(1) Capital asset.--The term `capital asset' includes
equipment, rolling stock, infrastructure, and facilities for
use in public transportation and owned or leased by a
recipient or subrecipient of Federal financial assistance
under this chapter.
``(2) Transit asset management plan.--The term `transit
asset management plan' means a plan developed by a recipient
of funding under this chapter that--
``(A) includes, at a minimum, capital asset inventories and
condition assessments, decision support tools, and investment
prioritization; and
``(B) the recipient certifies complies with the rule issued
under this section.
``(3) Transit asset management system.--The term `transit
asset management system' means a strategic and systematic
process of operating, maintaining, and improving public
transportation capital assets effectively throughout the life
cycle of such assets.
``(b) Transit Asset Management System.--The Secretary shall
establish and implement a national transit asset management
system, which shall include--
``(1) a definition of the term `state of good repair' that
includes objective standards for measuring the condition of
capital assets of recipients, including equipment, rolling
stock, infrastructure, and facilities;
``(2) a requirement that recipients and subrecipients of
Federal financial assistance under this chapter develop a
transit asset management plan;
``(3) a requirement that each recipient of Federal
financial assistance under this chapter report on the
condition of the system of the recipient and provide a
description of any change in condition since the last report;

[[Page S1301]]

``(4) an analytical process or decision support tool for
use by public transportation systems that--
``(A) allows for the estimation of capital investment needs
of such systems over time; and
``(B) assists with asset investment prioritization by such
systems; and
``(5) technical assistance to recipients of Federal
financial assistance under this chapter.
``(c) Performance Measures and Targets.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2012,
the Secretary shall issue a final rule to establish
performance measures based on the state of good repair
standards established under subsection (b)(1).
``(2) Targets.--Not later than 3 months after the date on
which the Secretary issues a final rule under paragraph (1),
and each fiscal year thereafter, each recipient of Federal
financial assistance under this chapter shall establish
performance targets in relation to the performance measures
established by the Secretary.
``(3) Reports.--Each recipient of Federal financial
assistance under this chapter shall submit to the Secretary
an annual report that describes--
``(A) the progress of the recipient during the fiscal year
to which the report relates toward meeting the performance
targets established under paragraph (2) for that fiscal year;
and
``(B) the performance targets established by the recipient
for the subsequent fiscal year.
``(d) Rulemaking.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2012,
the Secretary shall issue a final rule to implement the
transit asset management system described in subsection
(b).''.

SEC. 20020. PROJECT MANAGEMENT OVERSIGHT.

Section 5327 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``United States'' and all that follows through ``Secretary of
Transportation'' and inserting the following: ``Federal
financial assistance for a major capital project for public
transportation under this chapter or any other provision of
Federal law, a recipient must prepare a project management
plan approved by the Secretary and carry out the project in
accordance with the project management plan''; and
(B) in paragraph (12), by striking ``each month'' and
inserting ``quarterly'';
(2) by striking subsections (c), (d), and (f);
(3) by inserting after subsection (b) the following:
``(c) Access to Sites and Records.--Each recipient of
Federal financial assistance for public transportation under
this chapter or any other provision of Federal law shall
provide the Secretary and a contractor the Secretary chooses
under section 5338(g) with access to the construction sites
and records of the recipient when reasonably necessary.'';
(4) by redesignating subsection (e) as subsection (d); and
(5) in subsection (d), as so redesignated--
(A) in paragraph (1), by striking ``subsection (c) of this
section'' and inserting ``section 5338(g)''; and
(B) in paragraph (2)--
(i) by striking ``preliminary engineering stage'' and
inserting ``project development phase''; and
(ii) by striking ``another stage'' and inserting ``another
phase''.

SEC. 20021. PUBLIC TRANSPORTATION SAFETY.

(a) Public Transportation Safety Program.--Section 5329 of
title 49, United States Code, is amended to read as follows:

``Sec.  5329. Public transportation safety program

``(a) Definition.--In this section, the term `recipient'
means a State or local governmental authority, or any other
operator of a public transportation system, that receives
financial assistance under this chapter.
``(b) National Public Transportation Safety Plan.--
``(1) In general.--The Secretary shall create and implement
a national public transportation safety plan to improve the
safety of all public transportation systems that receive
funding under this chapter.
``(2) Contents of plan.--The national public transportation
safety plan under paragraph (1) shall include--
``(A) safety performance criteria for all modes of public
transportation;
``(B) the definition of the term `state of good repair'
established under section 5326(b);
``(C) minimum safety performance standards for public
transportation vehicles used in revenue operations that--
``(i) do not apply to rolling stock otherwise regulated by
the Secretary or any other Federal agency; and
``(ii) to the extent practicable, take into consideration--

``(I) relevant recommendations of the National
Transportation Safety Board; and
``(II) recommendations of, and best practices standards
developed by, the public transportation industry; and

``(D) a public transportation safety certification training
program, as described in subsection (c).
``(c) Public Transportation Safety Certification Training
Program.--
``(1) In general.--The Secretary shall establish a public
transportation safety certification training program for
Federal and State employees, or other designated personnel,
who conduct safety audits and examinations of public
transportation systems and employees of public transportation
agencies directly responsible for safety oversight.
``(2) Interim provisions.--Not later than 90 days after the
date of enactment of the Federal Public Transportation Act of
2012, the Secretary shall establish interim provisions for
the certification and training of the personnel described in
paragraph (1), which shall be in effect until the effective
date of the final rule issued by the Secretary to implement
this subsection.
``(d) Public Transportation Agency Safety Plan.--
``(1) In general.--Effective 1 year after the effective
date of a final rule issued by the Secretary to carry out
this subsection, each recipient shall certify that the
recipient has established a comprehensive agency safety plan
that includes, at a minimum--
``(A) a requirement that the board of directors (or
equivalent entity) of the recipient approve the agency safety
plan and any updates to the agency safety plan;
``(B) methods for identifying and evaluating safety risks
throughout all elements of the public transportation system
of the recipient;
``(C) strategies to minimize the exposure of the public,
personnel, and property to hazards and unsafe conditions;
``(D) a process and timeline for conducting an annual
review and update of the safety plan of the recipient;
``(E) performance targets based on the safety performance
criteria and state of good repair standards established under
subparagraphs (A) and (B), respectively, of subsection
(b)(2);
``(F) assignment of an adequately trained safety officer
who reports directly to the general manager, president, or
equivalent officer of the recipient; and
``(G) a comprehensive staff training program for the
operations personnel and personnel directly responsible for
safety of the recipient that includes--
``(i) the completion of a safety training program; and
``(ii) continuing safety education and training.
``(2) Interim agency safety plan.--A system safety plan
developed pursuant to part 659 of title 49, Code of Federal
Regulations, as in effect on the date of enactment of the
Federal Public Transportation Act of 2012, shall remain in
effect until such time as this subsection takes effect.
``(e) State Safety Oversight Program.--
``(1) Applicability.--This subsection applies only to
eligible States.
``(2) Definition.--In this subsection, the term `eligible
State' means a State that has--
``(A) a rail fixed guideway public transportation system
within the jurisdiction of the State that is not subject to
regulation by the Federal Railroad Administration; or
``(B) a rail fixed guideway public transportation system in
the engineering or construction phase of development within
the jurisdiction of the State that will not be subject to
regulation by the Federal Railroad Administration.
``(3) In general.--In order to obligate funds apportioned
under section 5338 to carry out this chapter, effective 3
years after the date on which a final rule under this
subsection becomes effective, an eligible State shall have in
effect a State safety oversight program approved by the
Secretary under which the State--
``(A) assumes responsibility for overseeing rail fixed
guideway public transportation safety;
``(B) adopts and enforces Federal law on rail fixed
guideway public transportation safety;
``(C) establishes a State safety oversight agency;
``(D) determines, in consultation with the Secretary, an
appropriate staffing level for the State safety oversight
agency that is commensurate with the number, size, and
complexity of the rail fixed guideway public transportation
systems in the eligible State;
``(E) requires that employees and other designated
personnel of the eligible State safety oversight agency who
are responsible for rail fixed guideway public transportation
safety oversight are qualified to perform such functions
through appropriate training, including successful completion
of the public transportation safety certification training
program established under subsection (c); and
``(F) prohibits any public transportation agency from
providing funds to the State safety oversight agency or an
entity designated by the eligible State as the State safety
oversight agency under paragraph (4).
``(4) State safety oversight agency.--
``(A) In general.--Each State safety oversight program
shall establish a State safety oversight agency that--
``(i) is an independent legal entity responsible for the
safety of rail fixed guideway public transportation systems;
``(ii) is financially and legally independent from any
public transportation entity that the State safety oversight
agency oversees;
``(iii) does not fund, promote, or provide public
transportation services;
``(iv) does not employ any individual who is also
responsible for the administration of public transportation
programs;

[[Page S1302]]

``(v) has the authority to review, approve, oversee, and
enforce the implementation by the rail fixed guideway public
transportation agency of the public transportation agency
safety plan required under subsection (d);
``(vi) has investigative and enforcement authority with
respect to the safety of rail fixed guideway public
transportation systems of the eligible State;
``(vii) audits, at least once triennially, the compliance
of the rail fixed guideway public transportation systems in
the eligible State subject to this subsection with the public
transportation agency safety plan required under subsection
(d); and
``(viii) provides, at least once annually, a status report
on the safety of the rail fixed guideway public
transportation systems the State safety oversight agency
oversees to--

``(I) the Federal Transit Administration;
``(II) the Governor of the eligible State; and
``(III) the board of directors, or equivalent entity, of
any rail fixed guideway public transportation system that the
State safety oversight agency oversees.

``(B) Waiver.--At the request of an eligible State, the
Secretary may waive clauses (i) and (iii) of subparagraph (A)
for eligible States with 1 or more rail fixed guideway
systems in revenue operations, design, or construction,
that--
``(i) have fewer than 1,000,000 combined actual and
projected rail fixed guideway revenue miles per year; or
``(ii) provide fewer than 10,000,000 combined actual and
projected unlinked passenger trips per year.
``(5) Enforcement.--Each State safety oversight agency
shall have the authority to request that the Secretary take
enforcement actions available under subsection (g) against a
rail fixed guideway public transportation system that is not
in compliance with Federal safety laws.
``(6) Programs for multi-state rail fixed guideway public
transportation systems.--An eligible State that has within
the jurisdiction of the eligible State a rail fixed guideway
public transportation system that operates in more than 1
eligible State shall--
``(A) jointly with all other eligible States in which the
rail fixed guideway public transportation system operates,
ensure uniform safety standards and enforcement procedures
that shall be in compliance with this section, and establish
and implement a State safety oversight program approved by
the Secretary; or
``(B) jointly with all other eligible States in which the
rail fixed guideway public transportation system operates,
designate an entity having characteristics consistent with
the characteristics described in paragraph (3) to carry out
the State safety oversight program approved by the Secretary.
``(7) Grants.--
``(A) In general.--The Secretary may make a grant to an
eligible State to develop or carry out a State safety
oversight program, if the eligible State submits--
``(i) a proposal for the establishment of a State safety
oversight program to the Secretary for review and written
approval before implementing a State safety oversight
program; and
``(ii) any amendment to the State safety oversight program
of the eligible State to the Secretary for review not later
than 60 days before the effective date of the amendment.
``(B) Determination by secretary.--
``(i) In general.--The Secretary shall transmit written
approval to an eligible State that submits a State safety
oversight program, if the Secretary determines the State
safety oversight program meets the requirements of this
subsection and the State safety oversight program is adequate
to promote the purposes of this section.
``(ii) Amendment.--The Secretary shall transmit to an
eligible State that submits an amendment under subparagraph
(A)(ii) a written determination with respect to the
amendment.
``(iii) No written decision.--If an eligible State does not
receive a written decision from the Secretary with respect to
an amendment submitted under subparagraph (A)(ii) before the
end of the 60-day period beginning on the date on which the
eligible State submits the amendment, the amendment shall be
deemed to be approved.
``(iv) Disapproval.--If the Secretary determines that a
State safety oversight program does not meet the requirements
of this subsection, the Secretary shall transmit to the
eligible State a written explanation and allow the eligible
State to modify and resubmit the State safety oversight
program for approval.
``(C) Government share.--
``(i) In general.--The Government share of the reasonable
cost of a State safety oversight program developed or carried
out using a grant under this paragraph shall be 80 percent.
``(ii) In-kind contributions.--Any calculation of the non-
Government share of a State safety oversight program shall
include in-kind contributions by an eligible State.
``(iii) Non-government share.--The non-Government share of
the cost of a State safety oversight program developed or
carried out using a grant under this paragraph may not be met
by--

``(I) any Federal funds;
``(II) any funds received from a public transportation
agency; or
``(III) any revenues earned by a public transportation
agency.

``(iv) Safety training program.--The Secretary may
reimburse an eligible State or a recipient for the full costs
of participation in the public transportation safety
certification training program established under subsection
(c) by an employee of a State safety oversight agency or a
recipient who is directly responsible for safety oversight.
``(8) Continual evaluation of program.--The Secretary shall
continually evaluate the implementation of a State safety
oversight program by a State safety oversight agency, on the
basis of--
``(A) reports submitted by the State safety oversight
agency under paragraph (4)(A)(viii); and
``(B) audits carried out by the Secretary.
``(9) Inadequate program.--
``(A) In general.--If the Secretary finds that a State
safety oversight program approved by the Secretary is not
being carried out in accordance with this section or has
become inadequate to ensure the enforcement of Federal safety
regulations, the Secretary shall--
``(i) transmit to the eligible State a written explanation
of the reason the program has become inadequate and inform
the State of the intention to withhold funds, including the
amount of funds proposed to be withheld under this section,
or withdraw approval of the State safety oversight program;
and
``(ii) allow the eligible State a reasonable period of time
to modify the State safety oversight program or
implementation of the program and submit an updated proposal
for the State safety oversight program to the Secretary for
approval.
``(B) Failure to correct.--If the Secretary determines that
a modification by an eligible State of the State safety
oversight program is not sufficient to ensure the enforcement
of Federal safety regulations, the Secretary may--
``(i) withhold funds available under this section in an
amount determined by the Secretary; or
``(ii) provide written notice of withdrawal of State safety
oversight program approval.
``(C) Temporary oversight.--In the event the Secretary
takes action under subparagraph (B)(ii), the Secretary shall
provide oversight of the rail fixed guideway systems in an
eligible State until the State submits a State safety
oversight program approved by the Secretary.
``(D) Restoration.--
``(i) Correction.--The eligible State shall address any
inadequacy to the satisfaction of the Secretary prior to the
Secretary restoring funds withheld under this paragraph.
``(ii) Availability and reallocation.--Any funds withheld
under this paragraph shall remain available for restoration
to the eligible State until the end of the first fiscal year
after the fiscal year in which the funds were withheld, after
which time the funds shall be available to the Secretary for
allocation to other eligible States under this section.
``(10) Federal oversight.--The Secretary shall--
``(A) oversee the implementation of each State safety
oversight program under this subsection;
``(B) audit the operations of each State safety oversight
agency at least once triennially; and
``(C) issue rules to carry out this subsection.
``(f) Authority of Secretary.--In carrying out this
section, the Secretary may--
``(1) conduct inspections, investigations, audits,
examinations, and testing of the equipment, facilities,
rolling stock, and operations of the public transportation
system of a recipient;
``(2) make reports and issue directives with respect to the
safety of the public transportation system of a recipient;
``(3) in conjunction with an accident investigation or an
investigation into a pattern or practice of conduct that
negatively affects public safety, issue a subpoena to, and
take the deposition of, any employee of a recipient or a
State safety oversight agency, if--
``(A) before the issuance of the subpoena, the Secretary
requests a determination by the Attorney General of the
United States as to whether the subpoena will interfere with
an ongoing criminal investigation; and
``(B) the Attorney General--
``(i) determines that the subpoena will not interfere with
an ongoing criminal investigation; or
``(ii) fails to make a determination under clause (i)
before the date that is 30 days after the date on which the
Secretary makes a request under subparagraph (A);
``(4) require the production of documents by, and prescribe
recordkeeping and reporting requirements for, a recipient or
a State safety oversight agency;
``(5) investigate public transportation accidents and
incidents and provide guidance to recipients regarding
prevention of accidents and incidents;
``(6) at reasonable times and in a reasonable manner, enter
and inspect equipment, facilities, rolling stock, operations,
and relevant records of the public transportation system of a
recipient; and
``(7) issue rules to carry out this section.
``(g) Enforcement Actions.--
``(1) Types of enforcement actions.--The Secretary may take
enforcement action against a recipient that does not comply
with Federal law with respect to the safety of the public
transportation system, including--
``(A) issuing directives;

[[Page S1303]]

``(B) requiring more frequent oversight of the recipient by
a State safety oversight agency or the Secretary;
``(C) imposing more frequent reporting requirements;
``(D) requiring that any Federal financial assistance
provided under this chapter be spent on correcting safety
deficiencies identified by the Secretary or the State safety
oversight agency before such funds are spent on other
projects;
``(E) subject to paragraph (2), withholding Federal
financial assistance, in an amount to be determined by the
Secretary, from the recipient, until such time as the
recipient comes into compliance with this section; and
``(F) subject to paragraph (3), imposing a civil penalty,
in an amount to be determined by the Secretary.
``(2) Use or withholding of funds.--
``(A) In general.--The Secretary may require the use of
funds in accordance with paragraph (1)(D), or withhold funds
under paragraph (1)(E), only if the Secretary finds that a
recipient is engaged in a pattern or practice of serious
safety violations or has otherwise refused to comply with
Federal law relating to the safety of the public
transportation system.
``(B) Notice.--Before withholding funds from a recipient
under paragraph (1)(E), the Secretary shall provide to the
recipient--
``(i) written notice of a violation and the amount proposed
to be withheld; and
``(ii) a reasonable period of time within which the
recipient may address the violation or propose and initiate
an alternative means of compliance that the Secretary
determines is acceptable.
``(C) Failure to address.--If the recipient does not
address the violation or propose an alternative means of
compliance that the Secretary determines is acceptable within
the period of time specified in the written notice, the
Secretary may withhold funds under paragraph (1)(E).
``(D) Restoration.--
``(i) Correction.--The recipient shall address any
violation to the satisfaction of the Secretary prior to the
Secretary restoring funds withheld under paragraph (1)(E).
``(ii) Availability and reallocation.--Any funds withheld
under paragraph (1)(E) shall remain available for restoration
to the recipient until the end of the first fiscal year after
the fiscal year in which the funds were withheld, after which
time the funds shall be available to the Secretary for
allocation to other eligible recipients.
``(E) Notification.--Not later than 3 days before taking
any action under subparagraph (C), the Secretary shall notify
the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives of such action.
``(3) Civil penalties.--
``(A) Imposition of civil penalties.--
``(i) In general.--The Secretary may impose a civil penalty
under paragraph (1)(F) only if--

``(I) the Secretary has exhausted the enforcement actions
available under subparagraphs (A) through (E) of paragraph
(1); and
``(II) the recipient continues to be in violation of
Federal safety law.

``(ii) Exception.--The Secretary may waive the requirement
under clause (i)(I) if the Secretary determines that such a
waiver is in the public interest.
``(B) Notice.--Before imposing a civil penalty on a
recipient under paragraph (1)(F), the Secretary shall provide
to the recipient--
``(i) written notice of any violation and the penalty
proposed to be imposed; and
``(ii) a reasonable period of time within which the
recipient may address the violation or propose and initiate
an alternative means of compliance that the Secretary
determines is acceptable.
``(C) Failure to address.--If the recipient does not
address the violation or propose an alternative means of
compliance that the Secretary determines is acceptable within
the period of time specified in the written notice, the
Secretary may impose a civil penalty under paragraph (1)(F).
``(D) Notification.--Not later than 3 days before taking
any action under subparagraph (C), the Secretary shall notify
the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives of such action.
``(E) Deposit of civil penalties.--Any amounts collected by
the Secretary under this paragraph shall be deposited into
the Mass Transit Account of the Highway Trust Fund.
``(4) Enforcement by the attorney general.--At the request
of the Secretary, the Attorney General may bring a civil
action--
``(A) for appropriate injunctive relief to ensure
compliance with this section;
``(B) to collect a civil penalty imposed under paragraph
(1)(F); and
``(C) to enforce a subpoena, request for admissions,
request for production of documents or other tangible things,
or request for testimony by deposition issued by the
Secretary under this section.
``(h) Cost-benefit Analysis.--
``(1) Analysis required.--In carrying out this section, the
Secretary shall take into consideration the costs and
benefits of each action the Secretary proposes to take under
this section.
``(2) Waiver.--The Secretary may waive the requirement
under this subsection if the Secretary determines that such a
waiver is in the public interest.
``(i) Consultation by the Secretary of Homeland Security.--
The Secretary of Homeland Security shall consult with the
Secretary of Transportation before the Secretary of Homeland
Security issues a rule or order that the Secretary of
Transportation determines affects the safety of public
transportation design, construction, or operations.
``(j) Preemption of State Law.--
``(1) National uniformity of regulation.--Laws,
regulations, and orders related to public transportation
safety shall be nationally uniform to the extent practicable.
``(2) In general.--A State may adopt or continue in force a
law, regulation, or order related to the safety of public
transportation until the Secretary issues a rule or order
covering the subject matter of the State requirement.
``(3) More stringent law.--A State may adopt or continue in
force a law, regulation, or order related to the safety of
public transportation that is consistent with, in addition
to, or more stringent than a regulation or order of the
Secretary if the Secretary determines that the law,
regulation, or order--
``(A) has a safety benefit;
``(B) is not incompatible with a law, regulation, or order,
or the terms and conditions of a financial assistance
agreement of the United States Government; and
``(C) does not unreasonably burden interstate commerce.
``(4) Actions under state law.--
``(A) Rule of construction.--Nothing in this section shall
be construed to preempt an action under State law seeking
damages for personal injury, death, or property damage
alleging that a party has failed to comply with--
``(i) a Federal standard of care established by a
regulation or order issued by the Secretary under this
section;
``(ii) its own program, rule, or standard that it created
pursuant to a rule or order issued by the Secretary; or
``(iii) a State law, regulation, or order that is not
incompatible with paragraph (2).
``(B) Effective date.--This paragraph shall apply to any
cause of action under State law arising from an event or
activity occurring on or after the date of enactment of the
Federal Public Transportation Act of 2012.
``(5) Jurisdiction.--Nothing in this section shall be
construed to create a cause of action under Federal law on
behalf of an injured party or confer Federal question
jurisdiction for a State law cause of action.
``(k) Annual Report.--The Secretary shall submit to the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives an annual report that--
``(1) analyzes public transportation safety trends among
the States and documents the most effective safety programs
implemented using grants under this section; and
``(2) describes the effect on public transportation safety
of activities carried out using grants under this section.''.
(b) Bus Safety Study.--
(1) Definition.--In this subsection, the term ``highway
route'' means a route where 50 percent or more of the route
is on roads having a speed limit of more than 45 miles per
hour.
(2) Study.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
that--
(A) examines the safety of public transportation buses that
travel on highway routes;
(B) examines laws and regulations that apply to commercial
over-the-road buses; and
(C) makes recommendations as to whether additional safety
measures should be required for public transportation buses
that travel on highway routes.

SEC. 20022. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.

Section 5331(b)(2) of title 49, United States Code, is
amended--
(1) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(2) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) shall establish and implement an enforcement program
that includes the imposition of penalties for failure to
comply with this section;''.

SEC. 20023. NONDISCRIMINATION.

(a) Amendments.--Section 5332 of title 49, United States
Code, is amended--
(1) in subsection (b)--
(A) by striking ``creed'' and inserting ``religion''; and
(B) by inserting ``disability,'' after ``sex,''; and
(2) in subsection (d)(3), by striking ``and'' and inserting
``or''.
(b) Evaluation and Report.--
(1) Evaluation.--The Comptroller General of the United
States shall evaluate the progress and effectiveness of the
Federal Transit Administration in assisting recipients of
assistance under chapter 53 of title 49, United States Code,
to comply with section 5332(b) of title 49, including--
(A) by reviewing discrimination complaints, reports, and
other relevant information collected or prepared by the
Federal Transit Administration or recipients of assistance
from the Federal Transit Administration pursuant to any
applicable civil

[[Page S1304]]

rights statute, regulation, or other requirement; and
(B) by reviewing the process that the Federal Transit
Administration uses to resolve discrimination complaints
filed by members of the public.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
concerning the evaluation under paragraph (1) that includes--
(A) a description of the ability of the Federal Transit
Administration to address discrimination and foster equal
opportunities in federally funded public transportation
projects, programs, and activities;
(B) recommendations for improvements if the Comptroller
General determines that improvements are necessary; and
(C) information upon which the evaluation under paragraph
(1) is based.

SEC. 20024. LABOR STANDARDS.

Section 5333(b) of title 49, United States Code, is
amended--
(1) in paragraph (1), by striking ``sections 5307-5312,
5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and
5338(b)'' each place that term appears and inserting
``sections 5307, 5308, 5309, 5311, and 5337''; and
(2) in paragraph (5), by inserting ``of Labor'' after
``Secretary''.

SEC. 20025. ADMINISTRATIVE PROVISIONS.

Section 5334 of title 49, United States Code, is amended--
(1) in subsection (a)(1), by striking ``under sections 5307
and 5309-5311 of this title'' and inserting ``that receives
Federal financial assistance under this chapter'';
(2) in subsection (b)(1)--
(A) by inserting after ``emergency,'' the following: ``or
for purposes of establishing and enforcing a program to
improve the safety of public transportation systems in the
United States,''; and
(B) by striking ``chapter, nor may the Secretary'' and
inserting ``chapter. The Secretary may not'';
(3) in subsection (c)(4), by striking ``section (except
subsection (i)) and sections 5318(e), 5323(a)(2), 5325(a),
5325(b), and 5325(f)'' and inserting ``subsection'';
(4) in subsection (h)(3), by striking ``another'' and
inserting ``any other'';
(5) in subsection (i)(1), by striking ``title 23 shall''
and inserting ``title 23 may'';
(6) by striking subsection (j); and
(7) by redesignating subsections (k) and (l) as subsections
(j) and (k), respectively.

SEC. 20026. NATIONAL TRANSIT DATABASE.

Section 5335 of title 49, United States Code, is amended by
adding at the end the following:
``(c) Data Required To Be Reported.--The recipient of a
grant under this chapter shall report to the Secretary, for
inclusion in the National Transit Database, any information
relating to--
``(1) the causes of a reportable incident, as defined by
the Secretary; and
``(2) a transit asset inventory or condition assessment
conducted by the recipient.''.

SEC. 20027. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA
GRANTS.

Section 5336 of title 49, United States Code, is amended to
read as follows:

``Sec.  5336. Apportionment of appropriations for formula
grants

``(a) Based on Urbanized Area Population.--Of the amount
apportioned under subsection (h)(4) to carry out section
5307--
``(1) 9.32 percent shall be apportioned each fiscal year
only in urbanized areas with a population of less than
200,000 so that each of those areas is entitled to receive an
amount equal to--
``(A) 50 percent of the total amount apportioned multiplied
by a ratio equal to the population of the area divided by the
total population of all urbanized areas with populations of
less than 200,000 as shown in the most recent decennial
census; and
``(B) 50 percent of the total amount apportioned multiplied
by a ratio for the area based on population weighted by a
factor, established by the Secretary, of the number of
inhabitants in each square mile; and
``(2) 90.68 percent shall be apportioned each fiscal year
only in urbanized areas with populations of at least 200,000
as provided in subsections (b) and (c) of this section.
``(b) Based on Fixed Guideway Vehicle Revenue Miles,
Directional Route Miles, and Passenger Miles.--(1) In this
subsection, `fixed guideway vehicle revenue miles' and `fixed
guideway directional route miles' include passenger ferry
operations directly or under contract by the designated
recipient.
``(2) Of the amount apportioned under subsection (a)(2) of
this section, 33.29 percent shall be apportioned as follows:
``(A) 95.61 percent of the total amount apportioned under
this subsection shall be apportioned so that each urbanized
area with a population of at least 200,000 is entitled to
receive an amount equal to--
``(i) 60 percent of the 95.61 percent apportioned under
this subparagraph multiplied by a ratio equal to the number
of fixed guideway vehicle revenue miles attributable to the
area, as established by the Secretary, divided by the total
number of all fixed guideway vehicle revenue miles
attributable to all areas; and
``(ii) 40 percent of the 95.61 percent apportioned under
this subparagraph multiplied by a ratio equal to the number
of fixed guideway directional route miles attributable to the
area, established by the Secretary, divided by the total
number of all fixed guideway directional route miles
attributable to all areas.

An urbanized area with a population of at least 750,000 in
which commuter rail transportation is provided shall receive
at least .75 percent of the total amount apportioned under
this subparagraph.
``(B) 4.39 percent of the total amount apportioned under
this subsection shall be apportioned so that each urbanized
area with a population of at least 200,000 is entitled to
receive an amount equal to--
``(i) the number of fixed guideway vehicle passenger miles
traveled multiplied by the number of fixed guideway vehicle
passenger miles traveled for each dollar of operating cost in
an area; divided by
``(ii) the total number of fixed guideway vehicle passenger
miles traveled multiplied by the total number of fixed
guideway vehicle passenger miles traveled for each dollar of
operating cost in all areas.

An urbanized area with a population of at least 750,000 in
which commuter rail transportation is provided shall receive
at least .75 percent of the total amount apportioned under
this subparagraph.
``(C) Under subparagraph (A) of this paragraph, fixed
guideway vehicle revenue or directional route miles, and
passengers served on those miles, in an urbanized area with a
population of less than 200,000, where the miles and
passengers served otherwise would be attributable to an
urbanized area with a population of at least 1,000,000 in an
adjacent State, are attributable to the governmental
authority in the State in which the urbanized area with a
population of less than 200,000 is located. The authority is
deemed an urbanized area with a population of at least
200,000 if the authority makes a contract for the service.
``(D) A recipient's apportionment under subparagraph (A)(i)
of this paragraph may not be reduced if the recipient, after
satisfying the Secretary that energy or operating
efficiencies would be achieved, reduces vehicle revenue miles
but provides the same frequency of revenue service to the
same number of riders.
``(c) Based on Bus Vehicle Revenue Miles and Passenger
Miles.--Of the amount apportioned under subsection (a)(2) of
this section, 66.71 percent shall be apportioned as follows:
``(1) 90.8 percent of the total amount apportioned under
this subsection shall be apportioned as follows:
``(A) 73.39 percent of the 90.8 percent apportioned under
this paragraph shall be apportioned so that each urbanized
area with a population of at least 1,000,000 is entitled to
receive an amount equal to--
``(i) 50 percent of the 73.39 percent apportioned under
this subparagraph multiplied by a ratio equal to the total
bus vehicle revenue miles operated in or directly serving the
urbanized area divided by the total bus vehicle revenue miles
attributable to all areas;
``(ii) 25 percent of the 73.39 percent apportioned under
this subparagraph multiplied by a ratio equal to the
population of the area divided by the total population of all
areas, as shown in the most recent decennial census; and
``(iii) 25 percent of the 73.39 percent apportioned under
this subparagraph multiplied by a ratio for the area based on
population weighted by a factor, established by the
Secretary, of the number of inhabitants in each square mile.
``(B) 26.61 percent of the 90.8 percent apportioned under
this paragraph shall be apportioned so that each urbanized
area with a population of at least 200,000 but not more than
999,999 is entitled to receive an amount equal to--
``(i) 50 percent of the 26.61 percent apportioned under
this subparagraph multiplied by a ratio equal to the total
bus vehicle revenue miles operated in or directly serving the
urbanized area divided by the total bus vehicle revenue miles
attributable to all areas;
``(ii) 25 percent of the 26.61 percent apportioned under
this subparagraph multiplied by a ratio equal to the
population of the area divided by the total population of all
areas, as shown by the most recent decennial census; and
``(iii) 25 percent of the 26.61 percent apportioned under
this subparagraph multiplied by a ratio for the area based on
population weighted by a factor, established by the
Secretary, of the number of inhabitants in each square mile.
``(2) 9.2 percent of the total amount apportioned under
this subsection shall be apportioned so that each urbanized
area with a population of at least 200,000 is entitled to
receive an amount equal to--
``(A) the number of bus passenger miles traveled multiplied
by the number of bus passenger miles traveled for each dollar
of operating cost in an area; divided by
``(B) the total number of bus passenger miles traveled
multiplied by the total number of bus passenger miles
traveled for each dollar of operating cost in all areas.
``(d) Date of Apportionment.--The Secretary shall--
``(1) apportion amounts appropriated under section
5338(a)(2)(C) of this title to carry out section 5307 of this
title not later than the 10th day after the date the amounts
are appropriated or October 1 of the fiscal year for

[[Page S1305]]

which the amounts are appropriated, whichever is later; and
``(2) publish apportionments of the amounts, including
amounts attributable to each urbanized area with a population
of more than 50,000 and amounts attributable to each State of
a multistate urbanized area, on the apportionment date.
``(e) Amounts Not Apportioned to Designated Recipients.--
The Governor of a State may expend in an urbanized area with
a population of less than 200,000 an amount apportioned under
this section that is not apportioned to a designated
recipient, as defined in section 5302(4).
``(f) Transfers of Apportionments.--(1) The Governor of a
State may transfer any part of the State's apportionment
under subsection (a)(1) of this section to supplement amounts
apportioned to the State under section 5311(c)(3). The
Governor may make a transfer only after consulting with
responsible local officials and publicly owned operators of
public transportation in each area for which the amount
originally was apportioned under this section.
``(2) The Governor of a State may transfer any part of the
State's apportionment under section 5311(c)(3) to supplement
amounts apportioned to the State under subsection (a)(1) of
this section.
``(3) The Governor of a State may use throughout the State
amounts of a State's apportionment remaining available for
obligation at the beginning of the 90-day period before the
period of the availability of the amounts expires.
``(4) A designated recipient for an urbanized area with a
population of at least 200,000 may transfer a part of its
apportionment under this section to the Governor of a State.
The Governor shall distribute the transferred amounts to
urbanized areas under this section.
``(5) Capital and operating assistance limitations
applicable to the original apportionment apply to amounts
transferred under this subsection.
``(g) Period of Availability to Recipients.--An amount
apportioned under this section may be obligated by the
recipient for 5 years after the fiscal year in which the
amount is apportioned. Not later than 30 days after the end
of the 5-year period, an amount that is not obligated at the
end of that period shall be added to the amount that may be
apportioned under this section in the next fiscal year.
``(h) Apportionments.--Of the amounts made available for
each fiscal year under section 5338(a)(2)(C)--
``(1) $35,000,000 shall be set aside to carry out section
5307(i);
``(2) 3.07 percent shall be apportioned to urbanized areas
in accordance with subsection (j);
``(3) of amounts not apportioned under paragraphs (1) and
(2), 1 percent shall be apportioned to urbanized areas with
populations of less than 200,000 in accordance with
subsection (i); and
``(4) any amount not apportioned under paragraphs (1), (2),
and (3) shall be apportioned to urbanized areas in accordance
with subsections (a) through (c).
``(i) Small Transit Intensive Cities Formula.--
``(1) Definitions.--In this subsection, the following
definitions apply:
``(A) Eligible area.--The term `eligible area' means an
urbanized area with a population of less than 200,000 that
meets or exceeds in one or more performance categories the
industry average for all urbanized areas with a population of
at least 200,000 but not more than 999,999, as determined by
the Secretary in accordance with subsection (c)(2).
``(B) Performance category.--The term `performance
category' means each of the following:
``(i) Passenger miles traveled per vehicle revenue mile.
``(ii) Passenger miles traveled per vehicle revenue hour.
``(iii) Vehicle revenue miles per capita.
``(iv) Vehicle revenue hours per capita.
``(v) Passenger miles traveled per capita.
``(vi) Passengers per capita.
``(2) Apportionment.--
``(A) Apportionment formula.--The amount to be apportioned
under subsection (h)(3) shall be apportioned among eligible
areas in the ratio that--
``(i) the number of performance categories for which each
eligible area meets or exceeds the industry average in
urbanized areas with a population of at least 200,000 but not
more than 999,999; bears to
``(ii) the aggregate number of performance categories for
which all eligible areas meet or exceed the industry average
in urbanized areas with a population of at least 200,000 but
not more than 999,999.
``(B) Data used in formula.--The Secretary shall calculate
apportionments under this subsection for a fiscal year using
data from the national transit database used to calculate
apportionments for that fiscal year under this section.
``(j) Apportionment Formula.--The amounts apportioned under
subsection (h)(2) shall be apportioned among urbanized areas
as follows:
``(1) 75 percent of the funds shall be apportioned among
designated recipients for urbanized areas with a population
of 200,000 or more in the ratio that--
``(A) the number of eligible low-income individuals in each
such urbanized area; bears to
``(B) the number of eligible low-income individuals in all
such urbanized areas.
``(2) 25 percent of the funds shall be apportioned among
designated recipients for urbanized areas with a population
of less than 200,000 in the ratio that--
``(A) the number of eligible low-income individuals in each
such urbanized area; bears to
``(B) the number of eligible low-income individuals in all
such urbanized areas.''.

SEC. 20028. STATE OF GOOD REPAIR GRANTS.

Section 5337 of title 49, United States Code, is amended to
read as follows:

``Sec.  5337. State of good repair grants

``(a) Definitions.--In this section, the following
definitions shall apply:
``(1) Fixed guideway.--The term `fixed guideway' means a
public transportation facility--
``(A) using and occupying a separate right-of-way for the
exclusive use of public transportation;
``(B) using rail;
``(C) using a fixed catenary system;
``(D) for a passenger ferry system; or
``(E) for a bus rapid transit system.
``(2) State.--The term `State' means the 50 States, the
District of Columbia, and Puerto Rico.
``(3) State of good repair.--The term `state of good
repair' has the meaning given that term by the Secretary, by
rule, under section 5326(b).
``(4) Transit asset management plan.--The term `transit
asset management plan' means a plan developed by a recipient
of funding under this chapter that--
``(A) includes, at a minimum, capital asset inventories and
condition assessments, decision support tools, and investment
prioritization; and
``(B) the recipient certifies that the recipient complies
with the rule issued under section 5326(d).
``(b) General Authority.--
``(1) Eligible projects.--The Secretary may make grants
under this section to assist State and local governmental
authorities in financing capital projects to maintain public
transportation systems in a state of good repair, including
projects to replace and rehabilitate--
``(A) rolling stock;
``(B) track;
``(C) line equipment and structures;
``(D) signals and communications;
``(E) power equipment and substations;
``(F) passenger stations and terminals;
``(G) security equipment and systems;
``(H) maintenance facilities and equipment;
``(I) operational support equipment, including computer
hardware and software;
``(J) development and implementation of a transit asset
management plan; and
``(K) other replacement and rehabilitation projects the
Secretary determines appropriate.
``(2) Inclusion in plan.--A recipient shall include a
project carried out under paragraph (1) in the transit asset
management plan of the recipient upon completion of the plan.
``(c) High Intensity Fixed Guideway State of Good Repair
Formula.--
``(1) In general.--Of the amount authorized or made
available under section 5338(a)(2)(M), $1,874,763,500 shall
be apportioned to recipients in accordance with this
subsection.
``(2) Area share.--
``(A) In general.--50 percent of the amount described in
paragraph (1) shall be apportioned for fixed guideway systems
in accordance with this paragraph.
``(B) Share.--A recipient shall receive an amount equal to
the amount described in subparagraph (A), multiplied by the
amount the recipient would have received under this section,
as in effect for fiscal year 2011, if the amount had been
calculated in accordance with section 5336(b)(1) and using
the definition of the term `fixed guideway' under subsection
(a) of this section, as such sections are in effect on the
day after the date of enactment of the Federal Public
Transportation Act of 2012, and divided by the total amount
apportioned for all areas under this section for fiscal year
2011.
``(C) Recipient.--For purposes of this paragraph, the term
`recipient' means an entity that received funding under this
section, as in effect for fiscal year 2011.
``(3) Vehicle revenue miles and directional route miles.--
``(A) In general.--50 percent of the amount described in
paragraph (1) shall be apportioned to recipients in
accordance with this paragraph.
``(B) Vehicle revenue miles.--A recipient in an urbanized
area shall receive an amount equal to 60 percent of the
amount described in subparagraph (A), multiplied by the
number of fixed guideway vehicle revenue miles attributable
to the urbanized area, as established by the Secretary,
divided by the total number of all fixed guideway vehicle
revenue miles attributable to all urbanized areas.
``(C) Directional route miles.--A recipient in an urbanized
area shall receive an amount equal to 40 percent of the
amount described in subparagraph (A), multiplied by the
number of fixed guideway directional route miles attributable
to the urbanized area, as established by the Secretary,
divided by the total number of all fixed guideway directional
route miles attributable to all urbanized areas.
``(4) Limitation.--
``(A) In general.--Except as provided in subparagraph (B),
the share of the total amount apportioned under this section
that

[[Page S1306]]

is apportioned to an area under this subsection shall not
decrease by more than 0.25 percentage points compared to the
share apportioned to the area under this subsection in the
previous fiscal year.
``(B) Special rule for fiscal year 2012.--In fiscal year
2012, the share of the total amount apportioned under this
section that is apportioned to an area under this subsection
shall not decrease by more than 0.25 percentage points
compared to the share that would have been apportioned to the
area under this section, as in effect for fiscal year 2011,
if the share had been calculated using the definition of the
term `fixed guideway' under subsection (a) of this section,
as in effect on the day after the date of enactment of the
Federal Public Transportation Act of 2012.
``(5) Use of funds.--Amounts made available under this
subsection shall be available for the exclusive use of fixed
guideway projects.
``(6) Receiving apportionment.--
``(A) In general.--Except as provided in subparagraph (B),
for an area with a fixed guideway system, the amounts
provided under this section shall be apportioned to the
designated recipient for the urbanized area in which the
system operates.
``(B) Exception.--An area described in the amendment made
by section 3028(a) of the Transportation Equity Act for the
21st Century (Public Law 105 178; 112 Stat. 366) shall
receive an individual apportionment under this subsection.
``(7) Apportionment requirements.--For purposes of
determining the number of fixed guideway vehicle revenue
miles or fixed guideway directional route miles attributable
to an urbanized area for a fiscal year under this subsection,
only segments of fixed guideway systems placed in revenue
service not later than 7 years before the first day of the
fiscal year shall be deemed to be attributable to an
urbanized area.
``(d) Fixed Guideway State of Good Repair Grant Program.--
``(1) In general.--The Secretary may make grants under this
section to assist State and local governmental authorities in
financing fixed guideway capital projects to maintain public
transportation systems in a state of good repair.
``(2) Competitive process.--The Secretary shall solicit
grant applications and make grants for eligible projects on a
competitive basis.
``(3) Priority consideration.--In making grants under this
subsection, the Secretary shall give priority to grant
applications received from recipients receiving an amount
under this section that is not less than 2 percent less than
the amount the recipient would have received under this
section, as in effect for fiscal year 2011, if the amount had
been calculated using the definition of the term `fixed
guideway' under subsection (a) of this section, as in effect
on the day after the date of enactment of the Federal Public
Transportation Act of 2012.
``(e) High Intensity Motorbus State of Good Repair.--
``(1) Definition.--For purposes of this subsection, the
term `fixed guideway motorbus' means public transportation
that is provided on a facility with access for other high-
occupancy vehicles.
``(2) Apportionment.--Of the amount authorized or made
available under section 5338(a)(2)(M), $112,500,000 shall be
apportioned to urbanized areas for high intensity motorbus
state of good repair in accordance with this subsection.
``(3) Vehicle revenue miles and directional route miles.--
``(A) In general.--$60,000,000 of the amount described in
paragraph (2) shall be apportioned to each area in accordance
with this paragraph.
``(B) Vehicle revenue miles.--Each area shall receive an
amount equal to 60 percent of the amount described in
subparagraph (A), multiplied by the number of fixed guideway
motorbus vehicle revenue miles attributable to the area, as
established by the Secretary, divided by the total number of
all fixed guideway motorbus vehicle revenue miles
attributable to all areas.
``(C) Directional route miles.--Each area shall receive an
amount equal to 40 percent of the amount described in
subparagraph (A), multiplied by the number of fixed guideway
motorbus directional route miles attributable to the area, as
established by the Secretary, divided by the total number of
all fixed guideway motorbus directional route miles
attributable to all areas.
``(4) Special rule for fixed guideway motorbus.--
``(A) In general.--$52,500,000 of the amount described in
paragraph (2) shall be apportioned--
``(i) in accordance with this paragraph; and
``(ii) among urbanized areas within a State in the same
proportion as funds are apportioned within a State under
section 5336, except subsection (b), and shall be added to
such amounts.
``(B) Territories.--Of the amount described in subparagraph
(A), $500,000 shall be distributed among the territories, as
determined by the Secretary.
``(C) States.--Of the amount described in subparagraph (A),
each State shall receive $1,000,000.
``(5) Use of funds.--A recipient may transfer any part of
the apportionment under this subsection for use under
subsection (c).
``(6) Apportionment requirements.--For purposes of
determining the number of fixed guideway motorbus vehicle
revenue miles or fixed guideway motorbus directional route
miles attributable to an urbanized area for a fiscal year
under this subsection, only segments of fixed guideway
motorbus systems placed in revenue service not later than 7
years before the first day of the fiscal year shall be deemed
to be attributable to an urbanized area.''.

SEC. 20029. AUTHORIZATIONS.

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

``Sec.  5338. Authorizations

``(a) Formula Grants.--
``(1) In general.--There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out
sections 5305, 5307, 5308, 5310, 5311, 5312, 5313, 5314,
5315, 5322, 5335, and 5340, subsections (c) and (e) of
section 5337, and section 20005(b) of the Federal Public
Transportation Act of 2012, $8,360,565,000 for each of fiscal
years 2012 and 2013.
``(2) Allocation of funds.--Of the amounts made available
under paragraph (1)--
``(A) $124,850,000 for each of fiscal years 2012 and 2013
shall be available to carry out section 5305;
``(B) $20,000,000 for each of fiscal years 2012 and 2013
shall be available to carry out section 20005(b) of the
Federal Public Transportation Act of 2012;
``(C) $4,756,161,500 for each of fiscal years 2012 and 2013
shall be allocated in accordance with section 5336 to provide
financial assistance for urbanized areas under section 5307;
``(D) $65,150,000 for each of fiscal years 2012 and 2013
shall be available to carry out section 5308, of which not
less than $8,500,000 shall be used to carry out activities
under section 5312;
``(E) $248,600,000 for each of fiscal years 2012 and 2013
shall be available to provide financial assistance for
services for the enhanced mobility of seniors and individuals
with disabilities under section 5310;
``(F) $591,190,000 for each of fiscal years 2012 and 2013
shall be available to provide financial assistance for other
than urbanized areas under section 5311, of which not less
than $30,000,000 shall be available to carry out section
5311(c)(1) and $20,000,000 shall be available to carry out
section 5311(c)(2);
``(G) $34,000,000 for each of fiscal years 2012 and 2013
shall be available to carry out research, development,
demonstration, and deployment projects under section 5312;
``(H) $6,500,000 for each of fiscal years 2012 and 2013
shall be available to carry out a transit cooperative
research program under section 5313;
``(I) $4,500,000 for each of fiscal years 2012 and 2013
shall be available for technical assistance and standards
development under section 5314;
``(J) $5,000,000 for each of fiscal years 2012 and 2013
shall be available for the National Transit Institute under
section 5315;
``(K) $2,000,000 for each of fiscal years 2012 and 2013
shall be available for workforce development and human
resource grants under section 5322;
``(L) $3,850,000 for each of fiscal years 2012 and 2013
shall be available to carry out section 5335;
``(M) $1,987,263,500 for each of fiscal years 2012 and 2013
shall be available to carry out subsections (c) and (e) of
section 5337; and
``(N) $511,500,000 for each of fiscal years 2012 and 2013
shall be allocated in accordance with section 5340 to provide
financial assistance for urbanized areas under section 5307
and other than urbanized areas under section 5311.
``(b) Emergency Relief Program.--There are authorized to be
appropriated such sums as are necessary to carry out section
5306.
``(c) Capital Investment Grants.--There are authorized to
be appropriated to carry out section 5309, $1,955,000,000 for
each of fiscal years 2012 and 2013.
``(d) Paul S. Sarbanes Transit in the Parks.--There are
authorized to be appropriated to carry out section 5320,
$26,900,000 for each of fiscal years 2012 and 2013.
``(e) Fixed Guideway State of Good Repair Grant Program.--
There are authorized to be appropriated to carry out section
5337(d), $7,463,000 for each of fiscal years 2012 and 2013.
``(f) Administration.--
``(1) In general.--There are authorized to be appropriated
to carry out section 5334, $108,350,000 for each of fiscal
years 2012 and 2013.
``(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than $10,000,000
shall be available to carry out section 5329.
``(3) Section 5326.--Of the amounts made available under
paragraph (2), not less than $1,000,000 shall be available to
carry out section 5326.
``(g) Oversight.--
``(1) In general.--Of the amounts made available to carry
out this chapter for a fiscal year, the Secretary may use not
more than the following amounts for the activities described
in paragraph (2):
``(A) 0.5 percent of amounts made available to carry out
section 5305.
``(B) 0.75 percent of amounts made available to carry out
section 5307.
``(C) 1 percent of amounts made available to carry out
section 5309.
``(D) 1 percent of amounts made available to carry out
section 601 of the Passenger Rail Investment and Improvement
Act of 2008 (Public Law 110 432; 126 Stat. 4968).
``(E) 0.5 percent of amounts made available to carry out
section 5310.

[[Page S1307]]

``(F) 0.5 percent of amounts made available to carry out
section 5311.
``(G) 0.5 percent of amounts made available to carry out
section 5320.
``(H) 0.75 percent of amounts made available to carry out
section 5337(c).
``(2) Activities.--The activities described in this
paragraph are as follows:
``(A) Activities to oversee the construction of a major
capital project.
``(B) Activities to review and audit the safety and
security, procurement, management, and financial compliance
of a recipient or subrecipient of funds under this chapter.
``(C) Activities to provide technical assistance generally,
and to provide technical assistance to correct deficiencies
identified in compliance reviews and audits carried out under
this section.
``(3) Government share of costs.--The Government shall pay
the entire cost of carrying out a contract under this
subsection.
``(4) Availability of certain funds.--Funds made available
under paragraph (1)(C) shall be made available to the
Secretary before allocating the funds appropriated to carry
out any project under a full funding grant agreement.
``(h) Grants as Contractual Obligations.--
``(1) Grants financed from highway trust fund.--A grant or
contract that is approved by the Secretary and financed with
amounts made available from the Mass Transit Account of the
Highway Trust Fund pursuant to this section is a contractual
obligation of the Government to pay the Government share of
the cost of the project.
``(2) Grants financed from general fund.--A grant or
contract that is approved by the Secretary and financed with
amounts appropriated in advance from the General Fund of the
Treasury pursuant to this section is a contractual obligation
of the Government to pay the Government share of the cost of
the project only to the extent that amounts are appropriated
for such purpose by an Act of Congress.
``(i) Availability of Amounts.--Amounts made available by
or appropriated under this section shall remain available
until expended.''.

SEC. 20030. APPORTIONMENTS BASED ON GROWING STATES AND HIGH
DENSITY STATES FORMULA FACTORS.

Section 5340 of title 49, United States Code, is amended to
read as follows:

``Sec.  5340. Apportionments based on growing States and high
density States formula factors

``(a) Definition.--In this section, the term `State' shall
mean each of the 50 States of the United States.
``(b) Allocation.--Of the amounts made available for each
fiscal year under section 5338(a)(2)(N), the Secretary shall
apportion--
``(1) 50 percent to States and urbanized areas in
accordance with subsection (c); and
``(2) 50 percent to States and urbanized areas in
accordance with subsection (d).
``(c) Growing State Apportionments.--
``(1) Apportionment among states.--The amounts apportioned
under subsection (b)(1) shall provide each State with an
amount equal to the total amount apportioned multiplied by a
ratio equal to the population of that State forecast for the
year that is 15 years after the most recent decennial census,
divided by the total population of all States forecast for
the year that is 15 years after the most recent decennial
census. Such forecast shall be based on the population trend
for each State between the most recent decennial census and
the most recent estimate of population made by the Secretary
of Commerce.
``(2) Apportionments between urbanized areas and other than
urbanized areas in each state.--
``(A) In general.--The Secretary shall apportion amounts to
each State under paragraph (1) so that urbanized areas in
that State receive an amount equal to the amount apportioned
to that State multiplied by a ratio equal to the sum of the
forecast population of all urbanized areas in that State
divided by the total forecast population of that State. In
making the apportionment under this subparagraph, the
Secretary shall utilize any available forecasts made by the
State. If no forecasts are available, the Secretary shall
utilize data on urbanized areas and total population from the
most recent decennial census.
``(B) Remaining amounts.--Amounts remaining for each State
after apportionment under subparagraph (A) shall be
apportioned to that State and added to the amount made
available for grants under section 5311.
``(3) Apportionments among urbanized areas in each state.--
The Secretary shall apportion amounts made available to
urbanized areas in each State under paragraph (2)(A) so that
each urbanized area receives an amount equal to the amount
apportioned under paragraph (2)(A) multiplied by a ratio
equal to the population of each urbanized area divided by the
sum of populations of all urbanized areas in the State.
Amounts apportioned to each urbanized area shall be added to
amounts apportioned to that urbanized area under section
5336, and made available for grants under section 5307.
``(d) High Density State Apportionments.--Amounts to be
apportioned under subsection (b)(2) shall be apportioned as
follows:
``(1) Eligible states.--The Secretary shall designate as
eligible for an apportionment under this subsection all
States with a population density in excess of 370 persons per
square mile.
``(2) State urbanized land factor.--For each State
qualifying for an apportionment under paragraph (1), the
Secretary shall calculate an amount equal to--
``(A) the total land area of the State (in square miles);
multiplied by
``(B) 370; multiplied by
``(C)(i) the population of the State in urbanized areas;
divided by
``(ii) the total population of the State.
``(3) State apportionment factor.--For each State
qualifying for an apportionment under paragraph (1), the
Secretary shall calculate an amount equal to the difference
between the total population of the State less the amount
calculated in paragraph (2).
``(4) State apportionment.--Each State qualifying for an
apportionment under paragraph (1) shall receive an amount
equal to the amount to be apportioned under this subsection
multiplied by the amount calculated for the State under
paragraph (3) divided by the sum of the amounts calculated
under paragraph (3) for all States qualifying for an
apportionment under paragraph (1).
``(5) Apportionments among urbanized areas in each state.--
The Secretary shall apportion amounts made available to each
State under paragraph (4) so that each urbanized area
receives an amount equal to the amount apportioned under
paragraph (4) multiplied by a ratio equal to the population
of each urbanized area divided by the sum of populations of
all urbanized areas in the State. For multistate urbanized
areas, the Secretary shall suballocate funds made available
under paragraph (4) to each State's part of the multistate
urbanized area in proportion to the State's share of
population of the multistate urbanized area. Amounts
apportioned to each urbanized area shall be made available
for grants under section 5307.''.

SEC. 20031. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Section 5305.--Section 5305 of title 49, United States
Code, is amended--
(1) in subsection (c), by striking ``sections 5303, 5304,
and 5306'' and inserting ``sections 5303 and 5304'';
(2) in subsection (d), by striking ``sections 5303 and
5306'' each place that term appears and inserting ``section
5303'';
(3) in subsection (e)(1)(A), by striking ``sections 5304,
5306, 5315, and 5322'' and inserting ``section 5304'';
(4) in subsection (f)--
(A) in the heading, by striking ``Government's'' and
inserting ``Government''; and
(B) by striking ``Government's'' and inserting
``Government''; and
(5) in subsection (g), by striking ``section 5338(c) for
fiscal years 2005 through 2011 and for the period beginning
on October 1, 2011, and ending on March 31, 2012'' and
inserting ``section 5338(a)(2)(A) for a fiscal year''.
(b) Section 5313.--Section 5313(a) of title 49, United
States Code, is amended--
(1) in the first sentence, by striking ``subsections
(a)(5)(C)(iii) and (d)(1) of section 5338'' and inserting
section ``5338(a)(2)(H)''; and
(2) in the second sentence, by striking ``of
Transportation''.
(c) Section 5319.--Section 5319 of title 49, United States
Code, is amended, in the second sentence--
(1) by striking ``sections 5307(e), 5309(h), and 5311(g) of
this title'' and inserting ``sections 5307(e), 5309(k), and
5311(h)''; and
(2) by striking ``of the United States'' and inserting
``made by the''.
(d) Section 5325.--Section 5325 of title 49, United States
Code, is amended--
(1) in subsection (b)(2)(A), by striking ``title 48, Code
of Federal Regulations (commonly known as the Federal
Acquisition Regulation)'' and inserting ``the Federal
Acquisition Regulation, or any successor thereto''; and
(2) in subsection (e), by striking ``Government financial
assistance'' and inserting ``Federal financial assistance''.
(e) Section 5330.--Effective 3 years after the effective
date of the final rules issued by the Secretary of
Transportation under section 5329(e) of title 49, United
States Code, as amended by this division, section 5330 of
title 49, United States Code, is repealed.
(f) Section 5331.--Section 5331 of title 49, United States
Code, is amended by striking ``Secretary of Transportation''
each place that term appears and inserting ``Secretary''.
(g) Section 5332.--Section 5332(c)(1) of title 49, United
States Code, is amended by striking ``of Transportation''.
(h) Section 5333.--Section 5333(a) of title 49, United
States Code, is amended by striking ``sections 3141-3144''
and inserting ``sections 3141 through 3144''.
(i) Section 5334.--Section 5334 of title 49, United States
Code, is amended--
(1) in subsection (c)--
(A) by striking ``Secretary of Transportation'' each place
that term appears and inserting ``Secretary''; and
(B) in paragraph (1), by striking ``Committees on
Transportation and Infrastructure and Appropriations of the
House of Representatives and the Committees on Banking,
Housing, and Urban Affairs and Appropriations of the Senate''
and inserting ``Committee on Banking, Housing, and Urban
Affairs and the Committee on Appropriations of the Senate and
the Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of
Representatives'';

[[Page S1308]]

(2) in subsection (d), by striking ``of Transportation'';
(3) in subsection (e), by striking ``of Transportation'';
(4) in subsection (f), by striking ``of Transportation'';
(5) in subsection (g), in the matter preceding paragraph
(1)--
(A) by striking ``of Transportation''; and
(B) by striking ``subsection (a)(3) or (4) of this
section'' and inserting ``paragraph (3) or (4) of subsection
(a)'';
(6) in subsection (h)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``of Transportation''; and
(B) in paragraph (2), by striking ``of this section'';
(7) in subsection (i)(1), by striking ``of
Transportation''; and
(8) in subsection (j), as so redesignated by section 20025
of this division, by striking ``Committees on Banking,
Housing, and Urban Affairs and Appropriations of the Senate
and Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives'' and
inserting ``Committee on Banking, Housing, and Urban Affairs
and the Committee on Appropriations of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of
Representatives''.
(j) Section 5335.--Section 5335(a) of title 49, United
States Code, is amended by striking ``of Transportation''.
(k) Table of Sections.--The table of sections for chapter
53 of title 49, United States Code, is amended to read as
follows:

``Sec.
``5301. Policies, purposes, and goals.
``5302. Definitions.
``5303. Metropolitan transportation planning.
``5304. Statewide and nonmetropolitan transportation planning.
``5305. Planning programs.
``5306. Public transportation emergency relief program.
``5307. Urbanized area formula grants.
``5308. Clean fuel grant program.
``5309. Fixed guideway capital investment grants.
``5310. Formula grants for the enhanced mobility of seniors and
individuals with disabilities.
``5311. Formula grants for other than urbanized areas.
``5312. Research, development, demonstration, and deployment projects.
``5313. Transit cooperative research program.
``5314. Technical assistance and standards development.
``5315. National Transit Institute.
``[5316. Repealed.]
``[5317. Repealed.]
``5318. Bus testing facilities.
``5319. Bicycle facilities.
``5320. Alternative transportation in parks and public lands.
``[5321. Repealed.]
``5322. Public transportation workforce development and human resource
programs.
``5323. General provisions.
``[5324. Repealed.]
``5325. Contract requirements.
``5326. Transit asset management.
``5327. Project management oversight.
``[5328. Repealed.]
``5329. Public transportation safety program.
``5330. State safety oversight.
``5331. Alcohol and controlled substances testing.
``5332. Nondiscrimination.
``5333. Labor standards.
``5334. Administrative provisions.
``5335. National transit database.
``5336. Apportionment of appropriations for formula grants.
``5337. State of good repair grants.
``5338. Authorizations.
``[5339. Repealed.]
``5340. Apportionments based on growing States and high density States
formula factors.''.

DIVISION C--TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY

TITLE I--MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF 2012

SEC. 31001. SHORT TITLE.

This title may be cited as the ``Motor Vehicle and Highway
Safety Improvement Act of 2012'' or ``Mariah's Act''.

SEC. 31002. DEFINITION.

In this title, the term ``Secretary'' means the Secretary
of Transportation.

Subtitle A--Highway Safety

SEC. 31101. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) Highway safety programs.--For carrying out section 402
of title 23, United States Code--
(A) $243,000,000 for fiscal year 2012; and
(B) $243,000,000 for fiscal year 2013.
(2) Highway safety research and development.--For carrying
out section 403 of title 23, United States Code--
(A) $130,000,000 for fiscal year 2012; and
(B) $139,000,000 for fiscal year 2013.
(3) Combined occupant protection grants.--For carrying out
section 405 of title 23, United States Code--
(A) $44,000,000 for fiscal year 2012; and
(B) $44,000,000 for fiscal year 2013.
(4) State traffic safety information system improvements.--
For carrying out section 408 of title 23, United States
Code--
(A) $44,000,000 for fiscal year 2012; and
(B) $44,000,000 for fiscal year 2013.
(5) Impaired driving countermeasures.--For carrying out
section 410 of title 23, United States Code--
(A) $139,000,000 for fiscal year 2012; and
(B) $139,000,000 for fiscal year 2013.
(6) Distracted driving grants.--For carrying out section
411 of title 23, United States Code--
(A) $39,000,000 for fiscal year 2012; and
(B) $39,000,000 for fiscal year 2013.
(7) National driver register.--For the National Highway
Traffic Safety Administration to carry out chapter 303 of
title 49, United States Code--
(A) $5,000,000 for fiscal year 2012; and
(B) $5,000,000 for fiscal year 2013.
(8) High visibility enforcement program.--For carrying out
section 2009 of SAFETEA LU (23 U.S.C. 402 note)--
(A) $37,000,000 for fiscal year 2012; and
(B) $37,000,000 for fiscal year 2013.
(9) Motorcyclist safety.--For carrying out section 2010 of
SAFETEA LU (23 U.S.C. 402 note)--
(A) $6,000,000 for fiscal year 2012; and
(B) $6,000,000 for fiscal year 2013.
(10) Administrative expenses.--For administrative and
related operating expenses of the National Highway Traffic
Safety Administration in carrying out chapter 4 of title 23,
United States Code, and this subtitle--
(A) $25,581,280 for fiscal year 2012; and
(B) $25,862,674 for fiscal year 2013.
(11) Driver alcohol detection system for safety research.--
For carrying out section 413 of title 23, United States
Code--
(A) $12,000,000 for fiscal year 2012; and
(B) $12,000,000 for fiscal year 2013.
(12) State graduated driver licensing laws.--For carrying
out section 414 of title 23, United States Code--
(A) $22,000,000 for fiscal year 2012; and
(B) $22,000,000 for fiscal year 2013.
(b) Prohibition on Other Uses.--Except as otherwise
provided in chapter 4 of title 23, United States Code, in
this subtitle, and in the amendments made by this subtitle,
the amounts made available from the Highway Trust Fund (other
than the Mass Transit Account) for a program under such
chapter--
(1) shall only be used to carry out such program; and
(2) may not be used by a States or local governments for
construction purposes.
(c) Applicability of Subtitle 23.--Except as otherwise
provided in chapter 4 of title 23, United States Code, and in
this subtitle, amounts made available under subsection (a)
for fiscal years 2012 and 2013 shall be available for
obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code.
(d) Regulatory Authority.--Grants awarded under this
subtitle shall be in accordance with regulations issued by
the Secretary.
(e) State Matching Requirements.--If a grant awarded under
this subtitle requires a State to share in the cost, the
aggregate of all expenditures for highway safety activities
made during any fiscal year by the State and its political
subdivisions (exclusive of Federal funds) for carrying out
the grant (other than planning and administration) shall be
available for the purpose of crediting the State during such
fiscal year for the non-Federal share of the cost of any
project under this subtitle (other than planning or
administration) without regard to whether such expenditures
were actually made in connection with such project.
(f) Maintenance of Effort.--
(1) Requirement.--No grant may be made to a State under
section 405, 408, or 410 of title 23, United States Code, in
any fiscal year unless the State enters into such agreements
with the Secretary as the Secretary may require to ensure
that the State will maintain its aggregate expenditures from
all State and local sources for programs described in such
sections at or above the average level of such expenditures
in its 2 fiscal years preceding the date of enactment of this
Act.
(2) Waiver.--Upon the request of a State, the Secretary may
waive or modify the requirements under paragraph (1) for not
more than 1 fiscal year if the Secretary determines that such
a waiver would be equitable due to exceptional or
uncontrollable circumstances.
(g) Transfers.--In each fiscal year, the Secretary may
transfer any amounts remaining available under paragraphs
(3), (4), (5), (6), (9), (11), and (12) of subsection (a) to
the amounts made available under paragraph (1) or any other
of such paragraphs in order to ensure, to the maximum extent
possible, that all funds are obligated.
(h) Grant Application and Deadline.--To receive a grant
under this subtitle, a State shall submit an application, and
the Secretary shall establish a single deadline for such
applications to enable the award of grants early in the next
fiscal year.
(i) Allocation to Support State Distracted Driving Laws.--
Of the amounts available under subsection (a)(6) for
distracted driving grants, the Secretary may expend, in each
fiscal year, up to $5,000,000 for the development and
placement of broadcast media to support the enforcement of
State distracted driving laws.

SEC. 31102. HIGHWAY SAFETY PROGRAMS.

(a) Programs Included.--Section 402(a) of title 23, United
States Code, is amended to read as follows:

[[Page S1309]]

``(a) Program Required.--
``(1) In general.--Each State shall have a highway safety
program, approved by the Secretary, that is designed to
reduce traffic accidents and the resulting deaths, injuries,
and property damage.
``(2) Uniform guidelines.--Programs required under
paragraph (1) shall comply with uniform guidelines,
promulgated by the Secretary and expressed in terms of
performance criteria, that--
``(A) include programs--
``(i) to reduce injuries and deaths resulting from motor
vehicles being driven in excess of posted speed limits;
``(ii) to encourage the proper use of occupant protection
devices (including the use of safety belts and child
restraint systems) by occupants of motor vehicles;
``(iii) to reduce injuries and deaths resulting from
persons driving motor vehicles while impaired by alcohol or a
controlled substance;
``(iv) to prevent accidents and reduce injuries and deaths
resulting from accidents involving motor vehicles and
motorcycles;
``(v) to reduce injuries and deaths resulting from
accidents involving school buses;
``(vi) to reduce accidents resulting from unsafe driving
behavior (including aggressive or fatigued driving and
distracted driving arising from the use of electronic devices
in vehicles); and
``(vii) to improve law enforcement services in motor
vehicle accident prevention, traffic supervision, and post-
accident procedures;
``(B) improve driver performance, including--
``(i) driver education;
``(ii) driver testing to determine proficiency to operate
motor vehicles; and
``(iii) driver examinations (physical, mental, and driver
licensing);
``(C) improve pedestrian performance and bicycle safety;
``(D) include provisions for--
``(i) an effective record system of accidents (including
resulting injuries and deaths);
``(ii) accident investigations to determine the probable
causes of accidents, injuries, and deaths;
``(iii) vehicle registration, operation, and inspection;
and
``(iv) emergency services; and
``(E) to the extent determined appropriate by the
Secretary, are applicable to federally administered areas
where a Federal department or agency controls the highways or
supervises traffic operations.''.
(b) Administration of State Programs.--Section 402(b)(1) of
title 23, United States Code, is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) by redesignating subparagraph (E) as subparagraph (F);
(3) by inserting after subparagraph (D) the following:
``(E) beginning on October 1, 2012, provide for a robust,
data-driven traffic safety enforcement program to prevent
traffic violations, crashes, and crash fatalities and
injuries in areas most at risk for such incidents, to the
satisfaction of the Secretary;''; and
(4) in subparagraph (F), as redesignated--
(A) in clause (i), by inserting ``and high-visibility law
enforcement mobilizations coordinated by the Secretary''
after ``mobilizations'';
(B) in clause (iii), by striking ``and'' at the end;
(C) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(v) ensuring that the State will coordinate its highway
safety plan, data collection, and information systems with
the State strategic highway safety plan (as defined in
section 148(a)).''.
(c) Approved Highway Safety Programs.--Section 402(c) of
title 23, United States Code, is amended--
(1) by striking ``(c) Funds authorized'' and inserting the
following:
``(c) Use of Funds.--
``(1) In general.--Funds authorized'';
(2) by striking ``Such funds'' and inserting the following:
``(2) Apportionment.--Except for amounts identified in
subsection (l) and section 403(e), funds described in
paragraph (1)'';
(3) by striking ``The Secretary shall not'' and all that
follows through ``subsection, a highway safety program'' and
inserting ``A highway safety program'';
(4) by inserting ``A State may use the funds apportioned
under this section, in cooperation with neighboring States,
for highway safety programs or related projects that may
confer benefits on such neighboring States.'' after ``in
every State.'';
(5) by striking ``50 per centum'' and inserting ``20
percent''; and
(6) by striking ``The Secretary shall promptly'' and all
that follows and inserting the following:
``(3) Reapportionment.--The Secretary shall promptly
apportion the funds withheld from a State's apportionment to
the State if the Secretary approves the State's highway
safety program or determines that the State has begun
implementing an approved program, as appropriate, not later
than July 31st of the fiscal year for which the funds were
withheld. If the Secretary determines that the State did not
correct its failure within such period, the Secretary shall
reapportion the withheld funds to the other States in
accordance with the formula specified in paragraph (2) not
later than the last day of the fiscal year.''.
(d) Use of Highway Safety Program Funds.--Section 402(g) of
title 23, United States Code, is amended to read as follows:
``(g) Savings Provision.--
``(1) In general.--Except as provided under paragraph (2),
nothing in this section may be construed to authorize the
appropriation or expenditure of funds for--
``(A) highway construction, maintenance, or design (other
than design of safety features of highways to be incorporated
into guidelines); or
``(B) any purpose for which funds are authorized by section
403.
``(2) Demonstration projects.--A State may use funds made
available to carry out this section to assist in
demonstration projects carried out by the Secretary under
section 403.''.
(e) In General.--Section 402 of title 23, United States
Code, is amended--
(1) by striking subsections (k) and (m);
(2) by redesignating subsections (i) and (j) as subsections
(h) and (i), respectively; and
(3) by redesignating subsection (l) as subsection (j).
(f) Highway Safety Plan and Reporting Requirements.--
Section 402 of title 23, United States Code, as amended by
this section, is further amended by adding at the end the
following:
``(k) Highway Safety Plan and Reporting Requirements.--
``(1) In general.--The Secretary shall require each State
to develop and submit to the Secretary a highway safety plan
that complies with the requirements under this subsection not
later than July 1, 2012, and annually thereafter.
``(2) Contents.--State highway safety plans submitted under
paragraph (1) shall include--
``(A) performance measures required by the Secretary or
otherwise necessary to support additional State safety goals,
including--
``(i) documentation of current safety levels for each
performance measure;
``(ii) quantifiable annual performance targets for each
performance measure; and
``(iii) a justification for each performance target;
``(B) a strategy for programming funds apportioned to the
State under this section on projects and activities that will
allow the State to meet the performance targets described in
subparagraph (A);
``(C) data and data analysis supporting the effectiveness
of proposed countermeasures;
``(D) a description of any Federal, State, local, or
private funds that the State plans to use, in addition to
funds apportioned to the State under this section, to carry
out the strategy described in subparagraph (B);
``(E) beginning with the plan submitted by July 1, 2013, a
report on the State's success in meeting State safety goals
set forth in the previous year's highway safety plan; and
``(F) an application for any additional grants available to
the State under this chapter.
``(3) Performance measures.--For the first highway safety
plan submitted under this subsection, the performance
measures required by the Secretary under paragraph (2)(A)
shall be limited to those developed by the National Highway
Traffic Safety Administration and the Governor's Highway
Safety Association and described in the report, `Traffic
Safety Performance Measures for States and Federal Agencies'
(DOT HS 811 025). For subsequent highway safety plans, the
Secretary shall consult with the Governor's Highway Safety
Association and safety experts if the Secretary makes
revisions to the set of required performance measures.
``(4) Review of highway safety plans.--
``(A) In general.--Not later than 60 days after the date on
which a State's highway safety plan is received by the
Secretary, the Secretary shall review and approve or
disapprove the plan.
``(B) Approvals and disapprovals.--
``(i) Approvals.--The Secretary shall approve a State's
highway safety plan if the Secretary determines that--

``(I) the plan is evidence-based and supported by data;
``(II) the performance targets are adequate; and
``(III) the plan, once implemented, will allow the State to
meet such targets.

``(ii) Disapprovals.--The Secretary shall disapprove a
State's highway safety plan if the Secretary determines that
the plan does not--

``(I) set appropriate performance targets; or
``(II) provide for evidence-based programming of funding in
a manner sufficient to allow the State to meet such targets.

``(C) Actions upon disapproval.--If the Secretary
disapproves a State's highway safety plan, the Secretary
shall--
``(i) inform the State of the reasons for such disapproval;
and
``(ii) require the State to resubmit the plan with any
modifications that the Secretary determines to be necessary.
``(D) Review of resubmitted plans.--If the Secretary
requires a State to resubmit a highway safety plan, with
modifications, the Secretary shall review and approve or
disapprove the modified plan not later than 30 days after the
date on which the Secretary receives such plan.
``(E) Reprogramming authority.--If the Secretary determines
that the modifications contained in a State's resubmitted
highway safety plan do not provide for the programming of
funding in a manner sufficient to meet the State's
performance goals, the Secretary, in consultation with the
State, shall take such action as may be necessary to

[[Page S1310]]

bring the State's plan into compliance with the performance
targets.
``(F) Public notice.--A State shall make the State's
highway safety plan, and decisions of the Secretary
concerning approval or disapproval of a revised plan,
available to the public.''.
(g) Cooperative Research and Evaluation.--Section 402 of
title 23, United States Code, as amended by this section, is
further amended by adding at the end the following:
``(l) Cooperative Research and Evaluation.--
``(1) Establishment and funding.--Notwithstanding the
apportionment formula set forth in subsection (c)(2),
$2,500,000 of the total amount available for apportionment to
the States for highway safety programs under subsection (c)
in each fiscal year shall be available for expenditure by the
Secretary, acting through the Administrator of the National
Highway Traffic Safety Administration, for a cooperative
research and evaluation program to research and evaluate
priority highway safety countermeasures.
``(2) Administration.--The program established under
paragraph (1)--
``(A) shall be administered by the Administrator of the
National Highway Traffic Safety Administration; and
``(B) shall be jointly managed by the Governors Highway
Safety Association and the National Highway Traffic Safety
Administration.''.
(h) Teen Traffic Safety Program.--Section 402 of title 23,
United States Code, as amended by this section, is further
amended by adding at the end the following:
``(m) Teen Traffic Safety Program.--
``(1) Program authorized.--Subject to the requirements of a
State's highway safety plan, as approved by the Secretary
under subsection (k), a State may use a portion of the
amounts received under this section to implement a statewide
teen traffic safety program to improve traffic safety for
teen drivers.
``(2) Strategies.--The program implemented under paragraph
(1)--
``(A) shall include peer-to-peer education and prevention
strategies in schools and communities designed to--
``(i) increase safety belt use;
``(ii) reduce speeding;
``(iii) reduce impaired and distracted driving;
``(iv) reduce underage drinking; and
``(v) reduce other behaviors by teen drivers that lead to
injuries and fatalities; and
``(B) may include--
``(i) working with student-led groups and school advisors
to plan and implement teen traffic safety programs;
``(ii) providing subgrants to schools throughout the State
to support the establishment and expansion of student groups
focused on teen traffic safety;
``(iii) providing support, training, and technical
assistance to establish and expand school and community
safety programs for teen drivers;
``(iv) creating statewide or regional websites to publicize
and circulate information on teen safety programs;
``(v) conducting outreach and providing educational
resources for parents;
``(vi) establishing State or regional advisory councils
comprised of teen drivers to provide input and
recommendations to the governor and the governor's safety
representative on issues related to the safety of teen
drivers;
``(vii) collaborating with law enforcement;
``(viii) organizing and hosting State and regional
conferences for teen drivers;
``(ix) establishing partnerships and promoting coordination
among community stakeholders, including public, not-for-
profit, and for profit entities; and
``(x) funding a coordinator position for the teen safety
program in the State or region.''.

SEC. 31103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

Section 403 of title 23, United States Code, is amended to
read as follows:

``Sec.  403. Highway safety research and development

``(a) Defined Term.--In this section, the term `Federal
laboratory' includes--
``(1) a government-owned, government-operated laboratory;
and
``(2) a government-owned, contractor-operated laboratory.
``(b) General Authority.--
``(1) Research and development activities.--The Secretary
may conduct research and development activities, including
demonstration projects and the collection and analysis of
highway and motor vehicle safety data and related information
needed to carry out this section, with respect to--
``(A) all aspects of highway and traffic safety systems and
conditions relating to--
``(i) vehicle, highway, driver, passenger, motorcyclist,
bicyclist, and pedestrian characteristics;
``(ii) accident causation and investigations;
``(iii) communications;
``(iv) emergency medical services; and
``(v) transportation of the injured;
``(B) human behavioral factors and their effect on highway
and traffic safety, including--
``(i) driver education;
``(ii) impaired driving;
``(iii) distracted driving; and
``(iv) new technologies installed in, or brought into,
vehicles;
``(C) an evaluation of the effectiveness of countermeasures
to increase highway and traffic safety, including occupant
protection and alcohol- and drug-impaired driving
technologies and initiatives;
``(D) the development of technologies to detect drug
impaired drivers; and
``(E) the effect of State laws on any aspects, activities,
or programs described in subparagraphs (A) through (D).
``(2) Cooperation, grants, and contracts.--The Secretary
may carry out this section--
``(A) independently;
``(B) in cooperation with other Federal departments,
agencies, and instrumentalities and Federal laboratories;
``(C) by entering into contracts, cooperative agreements,
and other transactions with the National Academy of Sciences,
any Federal laboratory, State or local agency, authority,
association, institution, foreign country, or person (as
defined in chapter 1 of title 1); or
``(D) by making grants to the National Academy of Sciences,
any Federal laboratory, State or local agency, authority,
association, institution, or person (as defined in chapter 1
of title 1).
``(c) Collaborative Research and Development.--
``(1) In general.--To encourage innovative solutions to
highway safety problems, stimulate voluntary improvements in
highway safety, and stimulate the marketing of new highway
safety related technology by private industry, the Secretary
is authorized to carry out, on a cost-shared basis,
collaborative research and development with--
``(A) non-Federal entities, including State and local
governments, foreign countries, colleges, universities,
corporations, partnerships, sole proprietorships,
organizations serving the interests of children, people with
disabilities, low-income populations, and older adults, and
trade associations that are incorporated or established under
the laws of any State or the United States; and
``(B) Federal laboratories.
``(2) Agreements.--In carrying out this subsection, the
Secretary may enter into cooperative research and development
agreements (as defined in section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a)) in which
the Secretary provides not more than 50 percent of the cost
of any research or development project under this subsection.
``(3) Use of technology.--The research, development, or use
of any technology pursuant to an agreement under this
subsection, including the terms under which technology may be
licensed and the resulting royalties may be distributed,
shall be subject to the provisions of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
``(d) Title to Equipment.--In furtherance of the purposes
set forth in section 402, the Secretary may vest title to
equipment purchased for demonstration projects with funds
authorized under this section to State or local agencies on
such terms and conditions as the Secretary determines to be
appropriate.
``(e) Training.--Notwithstanding the apportionment formula
set forth in section 402(c)(2), 1 percent of the total amount
available for apportionment to the States for highway safety
programs under section 402(c) in each fiscal year shall be
available, through the end of the succeeding fiscal year, to
the Secretary, acting through the Administrator of the
National Highway Traffic Safety Administration--
``(1) to provide training, conducted or developed by
Federal or non-Federal entity or personnel, to Federal,
State, and local highway safety personnel; and
``(2) to pay for any travel, administrative, and other
expenses related to such training.
``(f) Driver Licensing and Fitness To Drive
Clearinghouse.--From amounts made available under this
section, the Secretary, acting through the Administrator of
the National Highway Traffic Safety Administration, is
authorized to expend $1,280,000 between the date of enactment
of the Motor Vehicle and Highway Safety Improvement Act of
2012 and September 30, 2013, to establish an electronic
clearinghouse and technical assistance service to collect and
disseminate research and analysis of medical and technical
information and best practices concerning drivers with
medical issues that may be used by State driver licensing
agencies in making licensing qualification decisions.
``(g) International Highway Safety Information and
Cooperation.--
``(1) Establishment.--The Secretary, acting through the
Administrator of the National Highway Traffic Safety
Administration, may establish an international highway safety
information and cooperation program to--
``(A) inform the United States highway safety community of
laws, projects, programs, data, and technology in foreign
countries that could be used to enhance highway safety in the
United States;
``(B) permit the exchange of information with foreign
countries about laws, projects, programs, data, and
technology that could be used to enhance highway safety; and
``(C) allow the Secretary, represented by the
Administrator, to participate and cooperate in international
activities to enhance highway safety.
``(2) Cooperation.--The Secretary may carry out this
subsection in cooperation with any appropriate Federal
agency, State or local agency or authority, foreign
government, or multinational institution.

[[Page S1311]]

``(h) Prohibition on Certain Disclosures.--Any report of
the National Highway Traffic Safety Administration, or of any
officer, employee, or contractor of the National Highway
Traffic Safety Administration, relating to any highway
traffic accident or the investigation of such accident
conducted pursuant to this chapter or chapter 301 shall be
made available to the public in a manner that does not
identify individuals.
``(i) Model Specifications for Devices.--The Secretary,
acting through the Administrator of the National Highway
Traffic Safety Administration, may--
``(1) develop model specifications and testing procedures
for devices, including devices designed to measure the
concentration of alcohol in the body;
``(2) conduct periodic tests of such devices;
``(3) publish a Conforming Products List of such devices
that have met the model specifications; and
``(4) may require that any necessary tests of such devices
are conducted by a Federal laboratory and paid for by the
device manufacturers.''.

SEC. 31104. NATIONAL DRIVER REGISTER.

Section 30302(b) of title 49, United States Code, is
amended by adding at the end the following: ``The Secretary
shall make continual improvements to modernize the Register's
data processing system.''.

SEC. 31105. COMBINED OCCUPANT PROTECTION GRANTS.

(a) In General.--Section 405 of title 23, United States
Code, is amended to read as follows:

``Sec.  405. Combined occupant protection grants

``(a) General Authority.--Subject to the requirements of
this section, the Secretary of Transportation shall award
grants to States that adopt and implement effective occupant
protection programs to reduce highway deaths and injuries
resulting from individuals riding unrestrained or improperly
restrained in motor vehicles.
``(b) Federal Share.--The Federal share of the costs of
activities funded using amounts from grants awarded under
this section may not exceed 80 percent for each fiscal year
for which a State receives a grant.
``(c) Eligibility.--
``(1) High seat belt use rate.--A State with an observed
seat belt use rate of 90 percent or higher, based on the most
recent data from a survey that conforms with national
criteria established by the National Highway Traffic Safety
Administration, shall be eligible for a grant in a fiscal
year if the State--
``(A) submits an occupant protection plan during the first
fiscal year;
``(B) participates in the Click It or Ticket national
mobilization;
``(C) has an active network of child restraint inspection
stations; and
``(D) has a plan to recruit, train, and maintain a
sufficient number of child passenger safety technicians.
``(2) Lower seat belt use rate.--A State with an observed
seat belt use rate below 90 percent, based on the most recent
data from a survey that conforms with national criteria
established by the National Highway Traffic Safety
Administration, shall be eligible for a grant in a fiscal
year if--
``(A) the State meets all of the requirements under
subparagraphs (A) through (D) of paragraph (1); and
``(B) the Secretary determines that the State meets at
least 3 of the following criteria:
``(i) The State conducts sustained (on-going and periodic)
seat belt enforcement at a defined level of participation
during the year.
``(ii) The State has enacted and enforces a primary
enforcement seat belt use law.
``(iii) The State has implemented countermeasure programs
for high-risk populations, such as drivers on rural roadways,
unrestrained nighttime drivers, or teenage drivers.
``(iv) The State has enacted and enforces occupant
protection laws requiring front and rear occupant protection
use by all occupants in an age-appropriate restraint.
``(v) The State has implemented a comprehensive occupant
protection program in which the State has--

``(I) conducted a program assessment;
``(II) developed a statewide strategic plan;
``(III) designated an occupant protection coordinator; and
``(IV) established a statewide occupant protection task
force.

``(vi) The State--

``(I) completed an assessment of its occupant protection
program during the 3-year period preceding the grant year; or
``(II) will conduct such an assessment during the first
year of the grant.

``(d) Use of Grant Amounts.--Grant funds received pursuant
to this section may be used to--
``(1) carry out a program to support high-visibility
enforcement mobilizations, including paid media that
emphasizes publicity for the program, and law enforcement;
``(2) carry out a program to train occupant protection
safety professionals, police officers, fire and emergency
medical personnel, educators, and parents concerning all
aspects of the use of child restraints and occupant
protection;
``(3) carry out a program to educate the public concerning
the proper use and installation of child restraints,
including related equipment and information systems;
``(4) carry out a program to provide community child
passenger safety services, including programs about proper
seating positions for children and how to reduce the improper
use of child restraints;
``(5) purchase and distribute child restraints to low-
income families if not more than 5 percent of the funds
received in a fiscal year are used for this purpose;
``(6) establish and maintain information systems containing
data concerning occupant protection, including the collection
and administration of child passenger safety and occupant
protection surveys; and
``(7) carry out a program to educate the public concerning
the dangers of leaving children unattended in vehicles.
``(e) Grant Amount.--The allocation of grant funds under
this section to a State for a fiscal year shall be in
proportion to the State's apportionment under section 402 for
fiscal year 2009.
``(f) Report.--A State that receives a grant under this
section shall submit a report to the Secretary that documents
the manner in which the grant amounts were obligated and
expended and identifies the specific programs carried out
with the grant funds. The report shall be in a form
prescribed by the Secretary and may be combined with other
State grant reporting requirements under chapter 4 of title
23, United States Code.
``(g) Definitions.--In this section:
``(1) Child restraint.--The term `child restraint' means
any device (including child safety seat, booster seat,
harness, and excepting seat belts) designed for use in a
motor vehicle to restrain, seat, or position children who
weigh 65 pounds (30 kilograms) or less, and certified to the
Federal motor vehicle safety standard prescribed by the
National Highway Traffic Safety Administration for child
restraints.
``(2) Seat belt.--The term `seat belt' means--
``(A) with respect to open-body motor vehicles, including
convertibles, an occupant restraint system consisting of a
lap belt or a lap belt and a detachable shoulder belt; and
``(B) with respect to other motor vehicles, an occupant
restraint system consisting of integrated lap and shoulder
belts.''.
(b) Conforming Amendment.--The analysis for chapter 4 of
title 23, United States Code, is amended by striking the item
relating to section 405 and inserting the following:

``405. Combined occupant protection grants.''.

SEC. 31106. STATE TRAFFIC SAFETY INFORMATION SYSTEM
IMPROVEMENTS.

Section 408 of title 23, United States Code, is amended to
read as follows:

``Sec.  408. State traffic safety information system
improvements

``(a) General Authority.--Subject to the requirements of
this section, the Secretary of Transportation shall award
grants to States to support the development and
implementation of effective State programs that--
``(1) improve the timeliness, accuracy, completeness,
uniformity, integration, and accessibility of the State
safety data that is needed to identify priorities for
Federal, State, and local highway and traffic safety
programs;
``(2) evaluate the effectiveness of efforts to make such
improvements;
``(3) link the State data systems, including traffic
records, with other data systems within the State, such as
systems that contain medical, roadway, and economic data;
``(4) improve the compatibility and interoperability of the
data systems of the State with national data systems and data
systems of other States; and
``(5) enhance the ability of the Secretary to observe and
analyze national trends in crash occurrences, rates,
outcomes, and circumstances.
``(b) Federal Share.--The Federal share of the cost of
adopting and implementing in a fiscal year a State program
described in this section may not exceed 80 percent.
``(c) Eligibility.--A State is not eligible for a grant
under this section in a fiscal year unless the State
demonstrates, to the satisfaction of the Secretary, that the
State--
``(1) has a functioning traffic records coordinating
committee (referred to in this subsection as `TRCC') that
meets at least 3 times a year;
``(2) has designated a TRCC coordinator;
``(3) has established a State traffic record strategic plan
that has been approved by the TRCC and describes specific
quantifiable and measurable improvements anticipated in the
State's core safety databases, including crash, citation or
adjudication, driver, emergency medical services or injury
surveillance system, roadway, and vehicle databases;
``(4) has demonstrated quantitative progress in relation to
the significant data program attribute of--
``(A) accuracy;
``(B) completeness;
``(C) timeliness;
``(D) uniformity;
``(E) accessibility; or
``(F) integration of a core highway safety database; and
``(5) has certified to the Secretary that an assessment of
the State's highway safety data and traffic records system
was conducted or updated during the preceding 5 years.
``(d) Use of Grant Amounts.--Grant funds received by a
State under this section shall be used for making data
program improvements to core highway safety databases related
to quantifiable, measurable progress in any of the 6
significant data program attributes set forth in subsection
(c)(4).
``(e) Grant Amount.--The allocation of grant funds under
this section to a State for

[[Page S1312]]

a fiscal year shall be in proportion to the State's
apportionment under section 402 for fiscal year 2009.''.

SEC. 31107. IMPAIRED DRIVING COUNTERMEASURES.

(a) In General.--Section 410 of title 23, United States
Code, is amended to read as follows:

``Sec.  410. Impaired driving countermeasures

``(a) Grants Authorized.--Subject to the requirements of
this section, the Secretary of Transportation shall award
grants to States that adopt and implement--
``(1) effective programs to reduce driving under the
influence of alcohol, drugs, or the combination of alcohol
and drugs; or
``(2) alcohol-ignition interlock laws.
``(b) Federal Share.--The Federal share of the costs of
activities funded using amounts from grants under this
section may not exceed 80 percent in any fiscal year in which
the State receives a grant.
``(c) Eligibility.--
``(1) Low-range states.--Low-range States shall be eligible
for a grant under this section.
``(2) Mid-range states.--A mid-range State shall be
eligible for a grant under this section if--
``(A) a statewide impaired driving task force in the State
developed a statewide plan during the most recent 3 calendar
years to address the problem of impaired driving; or
``(B) the State will convene a statewide impaired driving
task force to develop such a plan during the first year of
the grant.
``(3) High-range states.--A high-range State shall be
eligible for a grant under this section if the State--
``(A)(i) conducted an assessment of the State's impaired
driving program during the most recent 3 calendar years; or
``(ii) will conduct such an assessment during the first
year of the grant;
``(B) convenes, during the first year of the grant, a
statewide impaired driving task force to develop a statewide
plan that--
``(i) addresses any recommendations from the assessment
conducted under subparagraph (A);
``(ii) includes a detailed plan for spending any grant
funds provided under this section; and
``(iii) describes how such spending supports the statewide
program;
``(C)(i) submits the statewide plan to the National Highway
Traffic Safety Administration during the first year of the
grant for the agency's review and approval;
``(ii) annually updates the statewide plan in each
subsequent year of the grant; and
``(iii) submits each updated statewide plan for the
agency's review and comment; and
``(D) appoints a full or part-time impaired driving
coordinator--
``(i) to coordinate the State's activities to address
enforcement and adjudication of laws to address driving while
impaired by alcohol; and
``(ii) to oversee the implementation of the statewide plan.
``(d) Use of Grant Amounts.--
``(1) Required programs.--High-range States shall use grant
funds for--
``(A) high visibility enforcement efforts; and
``(B) any of the activities described in paragraph (2) if--
``(i) the activity is described in the statewide plan; and
``(ii) the Secretary approves the use of funding for such
activity.
``(2) Authorized programs.--Medium-range and low-range
States may use grant funds for--
``(A) any of the purposes described in paragraph (1);
``(B) paid and earned media in support of high visibility
enforcement efforts;
``(C) hiring a full-time or part-time impaired driving
coordinator of the State's activities to address the
enforcement and adjudication of laws regarding driving while
impaired by alcohol;
``(D) court support of high visibility enforcement efforts;
``(E) alcohol ignition interlock programs;
``(F) improving blood-alcohol concentration testing and
reporting;
``(G) establishing driving while intoxicated courts;
``(H) conducting--
``(i) standardized field sobriety training;
``(ii) advanced roadside impaired driving evaluation
training; and
``(iii) drug recognition expert training for law
enforcement;
``(I) training and education of criminal justice
professionals (including law enforcement, prosecutors, judges
and probation officers) to assist such professionals in
handling impaired driving cases;
``(J) traffic safety resource prosecutors;
``(K) judicial outreach liaisons;
``(L) equipment and related expenditures used in connection
with impaired driving enforcement in accordance with criteria
established by the National Highway Traffic Safety
Administration;
``(M) training on the use of alcohol screening and brief
intervention;
``(N) developing impaired driving information systems; and
``(O) costs associated with a `24-7 sobriety program'.
``(3) Other programs.--Low-range States may use grant funds
for any expenditure designed to reduce impaired driving based
on problem identification. Medium and high-range States may
use funds for such expenditures upon approval by the
Secretary.
``(e) Grant Amount.--Subject to subsection (f), the
allocation of grant funds to a State under this section for a
fiscal year shall be in proportion to the State's
apportionment under section 402(c) for fiscal year 2009.
``(f) Grants to States That Adopt and Enforce Mandatory
Alcohol-Ignition Interlock Laws.--
``(1) In general.--The Secretary shall make a separate
grant under this section to each State that adopts and is
enforcing a mandatory alcohol-ignition interlock law for all
individuals convicted of driving under the influence of
alcohol or of driving while intoxicated.
``(2) Use of funds.--Such grants may be used by recipient
States only for costs associated with the State's alcohol-
ignition interlock program, including screening, assessment,
and program and offender oversight.
``(3) Allocation.--Funds made available under this
subsection shall be allocated among States described in
paragraph (1) on the basis of the apportionment formula under
section 402(c).
``(4) Funding.--Not more than 15 percent of the amounts
made available to carry out this section in a fiscal year
shall be made available by the Secretary for making grants
under this subsection.
``(g) Definitions.--In this section:
``(1) 24-7 sobriety program.--The term `24-7 sobriety
program' means a State law or program that authorizes a State
court or a State agency, as a condition of sentence,
probation, parole, or work permit, to--
``(A) require an individual who plead guilty or was
convicted of driving under the influence of alcohol or drugs
to totally abstain from alcohol or drugs for a period of
time; and
``(B) require the individual to be subject to testing for
alcohol or drugs--
``(i) at least twice a day;
``(ii) by continuous transdermal alcohol monitoring via an
electronic monitoring device; or
``(iii) by an alternate method with the concurrence of the
Secretary.
``(2) Average impaired driving fatality rate.--The term
`average impaired driving fatality rate' means the number of
fatalities in motor vehicle crashes involving a driver with a
blood alcohol concentration of at least 0.08 for every
100,000,000 vehicle miles traveled, based on the most
recently reported 3 calendar years of final data from the
Fatality Analysis Reporting System, as calculated in
accordance with regulations prescribed by the Administrator
of the National Highway Traffic Safety Administration.
``(3) High-range state.--The term `high-range State' means
a State that has an average impaired driving fatality rate of
0.60 or higher.
``(4) Low-range state.--The term `low-range State' means a
State that has an average impaired driving fatality rate of
0.30 or lower.
``(5) Mid-range state.--The term `mid-range State' means a
State that has an average impaired driving fatality rate that
is higher than 0.30 and lower than 0.60.''.
(b) Conforming Amendment.--The analysis for chapter 4 of
title 23, United States Code, is amended by striking the item
relating to section 410 and inserting the following:

``410. Impaired driving countermeasures.''.

SEC. 31108. DISTRACTED DRIVING GRANTS.

(a) In General.--Section 411 of title 23, United States
Code, is amended to read as follows:

``Sec.  411. Distracted driving grants

``(a) In General.--The Secretary shall award a grant under
this section to any State that enacts and enforces a statute
that meets the requirements set forth in subsections (b) and
(c).
``(b) Prohibition on Texting While Driving.--A State
statute meets the requirements set forth in this subsection
if the statute--
``(1) prohibits drivers from texting through a personal
wireless communications device while driving;
``(2) makes violation of the statute a primary offense;
``(3) establishes--
``(A) a minimum fine for a first violation of the statute;
and
``(B) increased fines for repeat violations; and
``(4) provides increased civil and criminal penalties than
would otherwise apply if a vehicle accident is caused by a
driver who is using such a device in violation of the
statute.
``(c) Prohibition on Youth Cell Phone Use While Driving.--A
State statute meets the requirements set forth in this
subsection if the statute--
``(1) prohibits a driver who is younger than 18 years of
age from using a personal wireless communications device
while driving;
``(2) makes violation of the statute a primary offense;
``(3) requires distracted driving issues to be tested as
part of the State driver's license examination;
``(4) establishes--
``(A) a minimum fine for a first violation of the statute;
and
``(B) increased fines for repeat violations; and
``(5) provides increased civil and criminal penalties than
would otherwise apply if a vehicle accident is caused by a
driver who is using such a device in violation of the
statute.

[[Page S1313]]

``(d) Permitted Exceptions.--A statute that meets the
requirements set forth in subsections (b) and (c) may provide
exceptions for--
``(1) a driver who uses a personal wireless communications
device to contact emergency services;
``(2) emergency services personnel who use a personal
wireless communications device while--
``(A) operating an emergency services vehicle; and
``(B) engaged in the performance of their duties as
emergency services personnel; and
``(3) an individual employed as a commercial motor vehicle
driver or a school bus driver who uses a personal wireless
communications device within the scope of such individual's
employment if such use is permitted under the regulations
promulgated pursuant to section 31152 of title 49.
``(e) Use of Grant Funds.--Of the grant funds received by a
State under this section--
``(1) at least 50 percent shall be used--
``(A) to educate the public through advertising containing
information about the dangers of texting or using a cell
phone while driving;
``(B) for traffic signs that notify drivers about the
distracted driving law of the State; or
``(C) for law enforcement costs related to the enforcement
of the distracted driving law; and
``(2) up to 50 percent may be used for other projects
that--
``(A) improve traffic safety; and
``(B) are consistent with the criteria set forth in section
402(a).
``(f) Additional Grants.--In fiscal year 2012, the
Secretary may use up to 25 percent of the funding available
for grants under this section to award grants to States
that--
``(1) enacted statutes before July 1, 2011, which meet the
requirements under paragraphs (1) and (2) of subsection (b);
and
``(2) are otherwise ineligible for a grant under this
section.
``(g) Distracted Driving Study.--
``(1) In general.--The Secretary shall conduct a study of
all forms of distracted driving.
``(2) Components.--The study conducted under paragraph (1)
shall--
``(A) examine the effect of distractions other than the use
of personal wireless communications on motor vehicle safety;
``(B) identify metrics to determine the nature and scope of
the distracted driving problem;
``(C) identify the most effective methods to enhance
education and awareness; and
``(D) identify the most effective method of reducing deaths
and injuries caused by all forms of distracted driving.
``(3) Report.--Not later than 1 year after the date of
enactment of the Motor Vehicle and Highway Safety Improvement
Act of 2012, the Secretary shall submit a report containing
the results of the study conducted under this subsection to--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(B) the Committee on Transportation and Infrastructure of
the House of Representatives.
``(h) Definitions.--In this section:
``(1) Driving.--The term `driving'--
``(A) means operating a motor vehicle on a public road,
including operation while temporarily stationary because of
traffic, a traffic light or stop sign, or otherwise; and
``(B) does not include operating a motor vehicle when the
vehicle has pulled over to the side of, or off, an active
roadway and has stopped in a location where it can safely
remain stationary.
``(2) Personal wireless communications device.--The term
`personal wireless communications device'--
``(A) means a device through which personal wireless
services (as defined in section 332(c)(7)(C)(i) of the
Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are
transmitted; and
``(B) does not include a global navigation satellite system
receiver used for positioning, emergency notification, or
navigation purposes.
``(3) Primary offense.--The term `primary offense' means an
offense for which a law enforcement officer may stop a
vehicle solely for the purpose of issuing a citation in the
absence of evidence of another offense.
``(4) Public road.--The term `public road' has the meaning
given that term in section 402(c).
``(5) Texting.--The term `texting' means reading from or
manually entering data into a personal wireless
communications device, including doing so for the purpose of
SMS texting, e-mailing, instant messaging, or engaging in any
other form of electronic data retrieval or electronic data
communication.''.
(b) Conforming Amendment.--The analysis for chapter 4 of
title 23, United States Code, is amended by striking the item
relating to section 411 and inserting the following:

``411. Distracted driving grants.''.

SEC. 31109. HIGH VISIBILITY ENFORCEMENT PROGRAM.

Section 2009 of SAFETEA LU (23 U.S.C. 402 note) is
amended--
(1) in subsection (a)--
(A) by striking ``at least 2'' and inserting ``at least
3''; and
(B) by striking ``years 2006 through 2012.'' and inserting
``fiscal years 2012 and 2013. The Administrator may also
initiate and support additional campaigns in each of fiscal
years 2012 and 2013 for the purposes specified in subsection
(b).'';
(2) in subsection (b) by striking ``either or both'' and
inserting ``outcomes related to at least 1'';
(3) in subsection (c), by inserting ``and Internet-based
outreach'' after ``print media advertising'';
(4) in subsection (e), by striking ``subsections (a), (c),
and (f)'' and inserting ``subsection (c)'';
(5) by striking subsection (f); and
(6) by redesignating subsection (g) as subsection (f).

SEC. 31110. MOTORCYCLIST SAFETY.

Section 2010 of SAFETEA LU (23 U.S.C. 402 note) is
amended--
(1) by striking subsections (b) and (g);
(2) by redesignating subsections (c), (d), (e), and (f) as
subsections (b), (c), (d), and (e), respectively; and
(3) in subsection (c)(1), as redesignated, by striking ``to
the satisfaction of the Secretary--'' and all that follows
and inserting ``, to the satisfaction of the Secretary, at
least 2 of the 6 criteria listed in paragraph (2).''.

SEC. 31111. DRIVER ALCOHOL DETECTION SYSTEM FOR SAFETY
RESEARCH.

(a) In General.--Chapter 4 of title 23, United States Code,
is amended by adding at the end the following:

``Sec.  413. In-vehicle alcohol detection device research

``(a) In General.--The Administrator of the National
Highway Traffic Safety Administration shall carry out a
collaborative research effort under chapter 301 of title 49,
United States Code, to continue to explore the feasibility
and the potential benefits of, and the public policy
challenges associated with, more widespread deployment of in-
vehicle technology to prevent alcohol-impaired driving.
``(b) Reports.--The Administrator shall submit a report
annually to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure--
``(1) describing progress in carrying out the collaborative
research effort; and
``(2) including an accounting for the use of Federal funds
obligated or expended in carrying out that effort.
``(c) Definitions.--In this title:
``(1) Alcohol-impaired driving.--The term `alcohol-impaired
driving' means operation of a motor vehicle (as defined in
section 30102(a)(6) of title 49, United States Code) by an
individual whose blood alcohol content is at or above the
legal limit.
``(2) Legal limit.--The term `legal limit' means a blood
alcohol concentration of 0.08 percent or greater (as
specified by chapter 163 of title 23, United States Code) or
such other percentage limitation as may be established by
applicable Federal, State, or local law.''.
(b) Clerical Amendment.--The analysis for chapter 4 of
title 23, United States Code, is amended by inserting after
the item relating to section 412 the following:

``413. In-vehicle alcohol detection device research.''.

SEC. 31112. STATE GRADUATED DRIVER LICENSING LAWS.

(a) In General.--Chapter 4 of title 23, United States Code,
as amended by this title, is further amended by adding at the
end the following:

``Sec.  414. State Graduated Driver Licensing Incentive Grant

``(a) Grants Authorized.--Subject to the requirements of
this section, the Secretary shall award grants to States that
adopt and implement graduated driver licensing laws in
accordance with the requirements set forth in subsection (b).
``(b) Minimum Requirements.--
``(1) In general.--A State meets the requirements set forth
in this subsection if the State has a graduated driver
licensing law that requires novice drivers younger than 21
years of age to comply with the 2-stage licensing process
described in paragraph (2) before receiving an unrestricted
driver's license.
``(2) Licensing process.--A State is in compliance with the
2-stage licensing process described in this paragraph if the
State's driver's license laws include--
``(A) a learner's permit stage that--
``(i) is at least 6 months in duration;
``(ii) prohibits the driver from using a cellular telephone
or any communications device in a nonemergency situation; and
``(iii) remains in effect until the driver--

``(I) reaches 16 years of age and enters the intermediate
stage; or
``(II) reaches 18 years of age;

``(B) an intermediate stage that--
``(i) commences immediately after the expiration of the
learner's permit stage;
``(ii) is at least 6 months in duration;
``(iii) prohibits the driver from using a cellular
telephone or any communications device in a nonemergency
situation;
``(iv) restricts driving at night;
``(v) prohibits the driver from operating a motor vehicle
with more than 1 nonfamilial passenger younger than 21 years
of age unless a licensed driver who is at least 21 years of
age is in the motor vehicle; and
``(vi) remains in effect until the driver reaches 18 years
of age; and
``(C) any other requirement prescribed by the Secretary of
Transportation, including--

[[Page S1314]]

``(i) in the learner's permit stage--

``(I) at least 40 hours of behind-the-wheel training with a
licensed driver who is at least 21 years of age;
``(II) a driver training course; and
``(III) a requirement that the driver be accompanied and
supervised by a licensed driver, who is at least 21 years of
age, at all times while such driver is operating a motor
vehicle; and

``(ii) in the learner's permit or intermediate stage, a
requirement, in addition to any other penalties imposed by
State law, that the grant of an unrestricted driver's license
be automatically delayed for any individual who, during the
learner's permit or intermediate stage, is convicted of a
driving-related offense, including--

``(I) driving while intoxicated;
``(II) misrepresentation of his or her true age;
``(III) reckless driving;
``(IV) driving without wearing a seat belt;
``(V) speeding; or
``(VI) any other driving-related offense, as determined by
the Secretary.

``(c) Rulemaking.--
``(1) In general.--The Secretary shall promulgate
regulations necessary to implement the requirements under
subsection (b), in accordance with the notice and comment
provisions under section 553 of title 5, United States Code.
``(2) Exception.--A State that otherwise meets the minimum
requirements set forth in subsection (b) shall be deemed by
the Secretary to be in compliance with the requirement set
forth in subsection (b) if the State enacted a law before
January 1, 2011, establishing a class of license that permits
licensees or applicants younger than 18 years of age to drive
a motor vehicle--
``(A) in connection with work performed on, or for the
operation of, a farm owned by family members who are directly
related to the applicant or licensee; or
``(B) if demonstrable hardship would result from the denial
of a license to the licensees or applicants.
``(d) Allocation.--Grant funds allocated to a State under
this section for a fiscal year shall be in proportion to a
State's apportionment under section 402 for such fiscal year.
``(e) Use of Funds.--Grant funds received by a State under
this section may be used for--
``(1) enforcing a 2-stage licensing process that complies
with subsection (b)(2);
``(2) training for law enforcement personnel and other
relevant State agency personnel relating to the enforcement
described in paragraph (1);
``(3) publishing relevant educational materials that
pertain directly or indirectly to the State graduated driver
licensing law;
``(4) carrying out other administrative activities that the
Secretary considers relevant to the State's 2-stage licensing
process; and
``(5) carrying out a teen traffic safety program described
in section 402(m).''.

SEC. 31113. AGENCY ACCOUNTABILITY.

Section 412 of title 23, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Triennial State Management Reviews.--
``(1) In general.--Except as provided under paragraph (2),
the Secretary shall conduct a review of each State highway
safety program at least once every 3 years.
``(2) Exceptions.--The Secretary may conduct reviews of the
highway safety programs of the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands as often as the Secretary determines to be
appropriate.
``(3) Components.--Reviews under this subsection shall
include--
``(A) a management evaluation of all grant programs funded
under this chapter;
``(B) an assessment of State data collection and evaluation
relating to performance measures established by the
Secretary;
``(C) a comparison of State efforts under subparagraphs (A)
and (B) to best practices and programs that have been
evaluated for effectiveness; and
``(D) the development of recommendations on how each State
could--
``(i) improve the management and oversight of its grant
activities; and
``(ii) provide a management and oversight plan for such
grant programs.''; and
(2) by striking subsection (f).

SEC. 31114. EMERGENCY MEDICAL SERVICES.

Section 10202 of Public Law 109 59 (42 U.S.C. 300d 4), is
amended by adding at the end the following:
``(b) National Emergency Medical Services Advisory
Council.--
``(1) Establishment.--The Secretary of Transportation, in
coordination with the Secretary of Health and Human Services
and the Secretary of Homeland Security, shall establish a
National Emergency Medical Services Advisory Council
(referred to in this subsection as the `Advisory Council').
``(2) Membership.--The Advisory Council shall be composed
of 25 members, who--
``(A) shall be appointed by the Secretary of
Transportation; and
``(B) shall collectively be representative of all sectors
of the emergency medical services community.
``(3) Purposes.--The purposes of the Advisory Council are
to advise and consult with--
``(A) the Federal Interagency Committee on Emergency
Medical Services on matters relating to emergency medical
services issues; and
``(B) the Secretary of Transportation on matters relating
to emergency medical services issues affecting the Department
of Transportation.
``(4) Administration.--The Administrator of the National
Highway Traffic Safety Administration shall provide
administrative support to the Advisory Council, including
scheduling meetings, setting agendas, keeping minutes and
records, and producing reports.
``(5) Leadership.--The members of the Advisory Council
shall annually select a chairperson of the Council.
``(6) Meetings.--The Advisory Council shall meet as
frequently as is determined necessary by the chairperson of
the Council.
``(7) Annual reports.--The Advisory Council shall prepare
an annual report to the Secretary of Transportation regarding
the Council's actions and recommendations.''.

Subtitle B--Enhanced Safety Authorities

SEC. 31201. DEFINITION OF MOTOR VEHICLE EQUIPMENT.

Section 30102(a)(7)(C) of title 49, United States Code, is
amended to read as follows:
``(C) any device or an article or apparel, including a
motorcycle helmet and excluding medicine or eyeglasses
prescribed by a licensed practitioner, that--
``(i) is not a system, part, or component of a motor
vehicle; and
``(ii) is manufactured, sold, delivered, or offered to be
sold for use on public streets, roads, and highways with the
apparent purpose of safeguarding motor vehicles and highway
users against risk of accident, injury, or death.''.

SEC. 31202. PERMIT REMINDER SYSTEM FOR NON-USE OF SAFETY
BELTS.

(a) In General.--Chapter 301 of title 49, United States
Code, is amended--
(1) in section 30122, by striking subsection (d); and
(2) by amending section 30124 to read as follows:

``Sec.  30124. Nonuse of safety belts

``A motor vehicle safety standard prescribed under this
chapter may not require a manufacturer to comply with the
standard by using a safety belt interlock designed to prevent
starting or operating a motor vehicle if an occupant is not
using a safety belt.''.
(b) Conforming Amendment.--The analysis for chapter 301 of
title 49, United States Code, is amended by striking the item
relating to section 30124 and inserting the following:

``Sec. 30124. Nonuse of safety belts.''.

SEC. 31203. CIVIL PENALTIES.

(a) In General.--Section 30165 of title 49, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``30123(d)'' and inserting ``30123(a)'';
and
(ii) by striking ``$15,000,000'' and inserting
``$250,000,000''; and
(B) in paragraph (3), by striking ``$15,000,000'' and
inserting ``$250,000,000''; and
(2) by amending subsection (c) to read as follows:
``(c) Relevant Factors in Determining Amount of Penalty or
Compromise.--In determining the amount of a civil penalty or
compromise under this section, the Secretary of
Transportation shall consider the nature, circumstances,
extent, and gravity of the violation. Such determination
shall include, as appropriate--
``(1) the nature of the defect or noncompliance;
``(2) knowledge by the person charged of its obligation to
recall or notify the public;
``(3) the severity of the risk of injury;
``(4) the occurrence or absence of injury;
``(5) the number of motor vehicles or items of motor
vehicle equipment distributed with the defect or
noncompliance;
``(6) the existence of an imminent hazard;
``(7) actions taken by the person charged to identify,
investigate, or mitigate the condition;
``(8) the appropriateness of such penalty in relation to
the size of the business of the person charged, including the
potential for undue adverse economic impacts;
``(9) whether the person has previously been assessed civil
penalties under this section during the most recent 5 years;
and
``(10) other appropriate factors.''.
(b) Civil Penalty Criteria.--Not later than 1 year after
the date of the enactment of this Act, the Secretary shall
issue a final rule, in accordance with the procedures of
section 553 of title 5, United States Code, which provides an
interpretation of the penalty factors described in section
30165(c) of title 49, United States Code.
(c) Construction.--Nothing in this section may be construed
as preventing the imposition of penalties under section 30165
of title 49, United States Code, before the issuance of a
final rule under subsection (b).

SEC. 31204. MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT.

(a) In General.--Chapter 301 of title 49, United States
Code, is amended by adding at the end the following:

``SUBCHAPTER V--MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT

``Sec.  30181. Policy

``The Secretary of Transportation shall conduct research,
development, and testing on any area or aspect of motor
vehicle safety necessary to carry out this chapter.

``Sec.  30182. Powers and duties

``(a) In General.--The Secretary of Transportation shall--

[[Page S1315]]

``(1) conduct motor vehicle safety research, development,
and testing programs and activities, including new and
emerging technologies that impact or may impact motor vehicle
safety;
``(2) collect and analyze all types of motor vehicle and
highway safety data and related information to determine the
relationship between motor vehicle or motor vehicle equipment
performance characteristics and--
``(A) accidents involving motor vehicles; and
``(B) deaths or personal injuries resulting from those
accidents;
``(3) promote, support, and advance the education and
training of motor vehicle safety staff of the National
Highway Traffic Safety Administration, including using
program funds for--
``(A) planning, implementing, conducting, and presenting
results of program activities; and
``(B) travel and related expenses;
``(4) obtain experimental and other motor vehicles and
motor vehicle equipment for research or testing;
``(5)(A) use any test motor vehicles and motor vehicle
equipment suitable for continued use, as determined by the
Secretary to assist in carrying out this chapter or any other
chapter of this title; or
``(B) sell or otherwise dispose of test motor vehicles and
motor vehicle equipment and use the resulting proceeds to
carry out this chapter;
``(6) award grants to States and local governments,
interstate authorities, and nonprofit institutions; and
``(7) enter into cooperative agreements, collaborative
research, or contracts with Federal agencies, interstate
authorities, State and local governments, other public
entities, private organizations and persons, nonprofit
institutions, colleges and universities, consumer advocacy
groups, corporations, partnerships, sole proprietorships,
trade associations, Federal laboratories (including
government-owned, government-operated laboratories and
government-owned, contractor-operated laboratories), and
foreign governments and research organizations.
``(b) Use of Public Agencies.--In carrying out this
subchapter, the Secretary shall avoid duplication by using
the services, research, and testing facilities of public
agencies, as appropriate.
``(c) Facilities.--The Secretary may plan, design, and
build a new facility or modify an existing facility to
conduct research, development, and testing in traffic safety,
highway safety, and motor vehicle safety.
``(d) Availability of Information, Patents, and
Developments.--When the United States Government makes more
than a minimal contribution to a research or development
activity under this chapter, the Secretary shall include in
the arrangement for the activity a provision to ensure that
all information, patents, and developments related to the
activity are available to the public without charge. The
owner of a background patent may not be deprived of a right
under the patent.

``Sec.  30183. Prohibition on certain disclosures.

``Any report of the National Highway Traffic Safety
Administration, or of any officer, employee, or contractor of
the National Highway Traffic Safety Administration, relating
to any highway traffic accident or the investigation of such
accident conducted pursuant to this chapter or section 403 of
title 23, shall be made available to the public in a manner
that does not identify individuals.''.
(b) Conforming Amendments.--
(1) Amendment of chapter analysis.--The chapter analysis
for chapter 301 of title 49, United States Code, is amended
by adding at the end the following:

``subchapter v--motor vehicle safety research and development

``30181. Policy.
``30182. Powers and duties.
``30183. Prohibition on certain disclosures.''.
(2) Deletion of redundant material.--Chapter 301 of title
49, United States Code, is amended--
(A) in the chapter analysis, by striking the item relating
to section 30168; and
(B) by striking section 30168.

SEC. 31205. RENTAL TRUCK ACCIDENT STUDY.

(a) Definitions.--In this section:
(1) Rental truck.--The term ``rental truck'' means a motor
vehicle with a gross vehicle weight rating of between 10,000
and 26,000 pounds that is made available for rental by a
rental truck company.
(2) Rental truck company.--The term ``rental truck
company'' means a person or company that is in the business
of renting or leasing rental trucks to the public or for
private use.
(b) Study.--
(1) In general.--The Secretary shall conduct a study of the
safety of rental trucks during the 7-year period ending on
December 31, 2011.
(2) Requirements.--The study conducted under paragraph (1)
shall--
(A) evaluate available data on the number of crashes,
fatalities, and injuries involving rental trucks and the
cause of such crashes, utilizing police accident reports and
other sources;
(B) estimate the property damage and costs resulting from a
subset of crashes involving rental truck operations, which
the Secretary believes adequately reflect all crashes
involving rental trucks;
(C) analyze State and local laws regulating rental truck
companies, including safety and inspection requirements;
(D) assess the rental truck maintenance programs of a
selection of small, medium, and large rental truck companies,
as selected by the Secretary, including the frequency of
rental truck maintenance inspections, and compare such
programs with inspection requirements for passenger vehicles
and commercial motor vehicles;
(E) include any other information available regarding the
safety of rental trucks; and
(F) review any other information that the Secretary
determines to be appropriate.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that contains--
(1) the findings of the study conducted pursuant to
subsection (b); and
(2) any recommendations for legislation that the Secretary
determines to be appropriate.

SEC. 31206. ODOMETER REQUIREMENTS.

(a) Definition.--Section 32702(5) of title 49, United
States Code, is amended by inserting ``or system of
components'' after ``instrument''.
(b) Electronic Disclosures of Odometer Information.--
Section 32705 of title 49, United States Code, is amended by
adding at the end the following:
``(g) Electronic Disclosures.--Not later than 18 months
after the date of enactment of the Motor Vehicle and Highway
Safety Improvement Act of 2012, in carrying out this section,
the Secretary shall prescribe regulations permitting any
written disclosures or notices and related matters to be
provided electronically.''.

SEC. 31207. INCREASED PENALTIES AND DAMAGES FOR ODOMETER
FRAUD.

Chapter 327 of title 49, United States Code, is amended--
(1) in section 32709(a)(1)--
(A) by striking ``$2,000'' and inserting ``$10,000''; and
(B) by striking ``$100,000'' and inserting ``$1,000,000'';
and
(2) in section 32710(a), by striking ``$1,500'' and
inserting ``$10,000''.

SEC. 31208. EXTEND PROHIBITIONS ON IMPORTING NONCOMPLIANT
VEHICLES AND EQUIPMENT TO DEFECTIVE VEHICLES
AND EQUIPMENT.

Section 30112 of title 49, United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Except as provided in this section, section 30114,
subsections (i) and (j) of section 30120, and subchapter III,
a person may not sell, offer for sale, introduce or deliver
for introduction in interstate commerce, or import into the
United States any motor vehicle or motor vehicle equipment if
the vehicle or equipment contains a defect related to motor
vehicle safety about which notice was given under section
30118(c) or an order was issued under section 30118(b).
Nothing in this paragraph may be construed to prohibit the
importation of a new motor vehicle that receives a required
recall remedy before being sold to a consumer in the United
States.''; and
(2) in subsection (b)(2)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by adding ``or'' at the end; and
(C) by adding at the end the following:
``(C) having no reason to know, despite exercising
reasonable care, that a motor vehicle or motor vehicle
equipment contains a defect related to motor vehicle safety
about which notice was given under section 30118(c) or an
order was issued under section 30118(b);''.

SEC. 31209. FINANCIAL RESPONSIBILITY REQUIREMENTS FOR
IMPORTERS.

Chapter 301 of title 49, United States Code, is amended--
(1) in the chapter analysis, by striking the item relating
to subchapter III and inserting the following:

``subchapter iii--importing motor vehicles and equipment'';

(2) in the heading for subchapter III, by striking
``NONCOMPLYING''; and
(3) in section 30147, by amending subsection (b) to read as
follows:
``(b) Financial Responsibility Requirement.--
``(1) Rulemaking.--The Secretary of Transportation may
issue regulations requiring each person that imports a motor
vehicle or motor vehicle equipment into the customs territory
of the United States, including a registered importer (or any
successor in interest), provide and maintain evidence,
satisfactory to the Secretary, of sufficient financial
responsibility to meet its obligations under section
30117(b), sections 30118 through 30121, and section 30166(f).
In making a determination of sufficient financial
responsibility under this Rule, the Secretary, to avoid
duplicative requirements, shall first, to the extent
practicable, rely on existing reporting and recordkeeping
requirements and other information available to the
Secretary, and shall coordinate with other Federal agencies,
including the Securities and Exchange Commission, to access
information collected and made publicly available under
existing reporting and recordkeeping requirements.

[[Page S1316]]

``(2) Refusal of admission.--If the Secretary of
Transportation believes that a person described in paragraph
(1) has not provided and maintained evidence of sufficient
financial responsibility to meet the obligations referred to
in paragraph (1), the Secretary of Homeland Security shall
first offer the person an opportunity to remedy the
deficiency within 30 days, and if not remedied thereafter may
refuse the admission into the customs territory of the United
States of any motor vehicle or motor vehicle equipment
imported by the person.
``(3) Exception.--This subsection shall not apply to
original manufacturers (or wholly owned subsidiaries) of
motor vehicles that, prior to the date of enactment of the --
``(A) have imported motor vehicles into the United States
that are certified to comply with all applicable Federal
motor vehicle safety standards;
``(B) have submitted to the Secretary appropriate
manufacturer identification information under part 566 of
title 49, Code of Federal Regulations; and
``(C) if applicable, have identified a current agent for
service of process in accordance with part 551 of title 49,
Code of Federal Regulations.''.

SEC. 31210. CONDITIONS ON IMPORTATION OF VEHICLES AND
EQUIPMENT.

Chapter 301 of title 49, United States Code, is amended--
(1) in the chapter analysis, by striking the item relating
to section 30164 and inserting the following:

``30164. Service of process; conditions on importation of vehicles and
equipment.'';
and
(2) in section 30164--
(A) in the section heading, by adding ``; CONDITIONS ON
IMPORTATION OF VEHICLES AND EQUIPMENT'' at the end; and
(B) by adding at the end the following:
``(c) Identifying Information.--A manufacturer (including
an importer) offering a motor vehicle or motor vehicle
equipment for import shall provide such information as the
Secretary may, by rule, request including--
``(1) the product by name and the manufacturer's address;
and
``(2) each retailer or distributor to which the
manufacturer directly supplied motor vehicles or motor
vehicle equipment over which the Secretary has jurisdiction
under this chapter.
``(d) Rulemaking.--In issuing a rulemaking, the Secretary
shall seek to reduce duplicative requirements by coordinating
with Department of Homeland Security. The Secretary may issue
regulations that--
``(1) condition the import of a motor vehicle or motor
vehicle equipment on the manufacturer's compliance with--
``(A) the requirements under this section;
``(B) any rules issued with respect to such requirements;
or
``(C) any other requirements under this chapter or rules
issued with respect to such requirements;
``(2) provide an opportunity for the manufacturer to
present information before the Secretary's determination as
to whether the manufacturer's imports should be restricted;
and
``(3) establish a process by which a manufacturer may
petition for reinstatement of its ability to import motor
vehicles or motor vehicle equipment.
``(e) Exception.--The requirements of subsections (c) and
(d) shall not apply to original manufacturers (or wholly
owned subsidiaries) of motor vehicles that, prior to the date
of enactment of the --
``(1) have imported motor vehicles into the United States
that are certified to comply with all applicable Federal
motor vehicle safety standards,
``(2) have submitted to the Secretary appropriate
manufacturer identification information under part 566 of
title 49, Code of Federal Regulations; and
``(3) if applicable, have identified a current agent for
service of process in accordance with part 551 of title 49,
Code of Federal Regulations.''.

SEC. 31211. PORT INSPECTIONS; SAMPLES FOR EXAMINATION OR
TESTING.

Section 30166(c) of title 49, United States Code, is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3)--
(A) in subparagraph (A), by inserting ``(including at
United States ports of entry)'' after ``held for introduction
in interstate commerce''; and
(B) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(4) shall enter into a memorandum of understanding with
the Secretary of Homeland Security for inspections and
sampling of motor vehicle equipment being offered for import
to determine compliance with this chapter or a regulation or
order issued under this chapter.''.

Subtitle C--Transparency and Accountability

SEC. 31301. IMPROVED NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION VEHICLE SAFETY DATABASE.

(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall improve public
accessibility to information on the National Highway Traffic
Safety Administration's publicly accessible vehicle safety
databases by--
(1) improving organization and functionality, including
modern web design features, and allowing for data to be
searched, aggregated, and downloaded;
(2) providing greater consistency in presentation of
vehicle safety issues; and
(3) improving searchability about specific vehicles and
issues through standardization of commonly used search terms.
(b) Vehicle Recall Information.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall require that motor
vehicle safety recall information--
(A) is available to the public on the Internet;
(B) is searchable by vehicle make and model and vehicle
identification number;
(C) is in a format that preserves consumer privacy; and
(D) includes information about each recall that has not
been completed for each vehicle.
(2) Rulemaking.--The Secretary may initiate a rulemaking
proceeding to require each manufacturer to provide the
information described in paragraph (1), with respect to that
manufacturer's motor vehicles, at no cost on a publicly
accessible Internet website.
(3) Database awareness promotion activities.--The
Secretary, in consultation with the heads of other relevant
agencies, shall promote consumer awareness of the information
made available to the public pursuant to this subsection.

SEC. 31302. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
HOTLINE FOR MANUFACTURER, DEALER, AND MECHANIC
PERSONNEL.

The Secretary shall--
(1) establish a means by which mechanics, passenger motor
vehicle dealership personnel, and passenger motor vehicle
manufacturer personnel may directly and confidentially
contact the National Highway Traffic Safety Administration to
report potential passenger motor vehicle safety defects; and
(2) publicize the means for contacting the National Highway
Traffic Safety Administration in a manner that targets
mechanics, passenger motor vehicle dealership personnel, and
manufacturer personnel.

SEC. 31303. CONSUMER NOTICE OF SOFTWARE UPDATES AND OTHER
COMMUNICATIONS WITH DEALERS.

(a) Internet Accessibility.--Section 30166(f) of title 49,
United States Code, is amended--
(1) by striking ``A manufacturer shall give the Secretary
of Transportation'' and inserting the following:
``(1) In general.--A manufacturer shall give the Secretary
of Transportation, and make available on a publicly
accessible Internet website,''; and
(2) by adding at the end the following:
``(2) Notices.--Communications required to be submitted to
the Secretary and made available on a publicly accessible
Internet website under this subsection shall include all
notices to dealerships of software upgrades and modifications
recommended by a manufacturer for all previously sold
vehicles. Notice is required even if the software upgrade or
modification is not related to a safety defect or
noncompliance with a motor vehicle safety standard. The
notice shall include a plain language description of the
purpose of the update and that description shall be
prominently placed at the beginning of the notice.
``(3) Index.--Communications required to be submitted to
the Secretary under this subsection shall be accompanied by
an index to each communication, which--
``(A) identifies the make, model, and model year of the
affected vehicles;
``(B) includes a concise summary of the subject matter of
the communication; and
``(C) shall be made available by the Secretary to the
public on the Internet in a searchable format.''.

SEC. 31304. PUBLIC AVAILABILITY OF EARLY WARNING DATA.

Section 30166(m) of title 49, United States Code, is
amended in paragraph (4), by amending subparagraph (C) to
read as follows:
``(C) Disclosure.--
``(i) In general.--The information provided to the
Secretary pursuant to this subsection shall be disclosed
publicly unless exempt from disclosure under section 552(b)
of title 5.
``(ii) Presumption.--In administering this subparagraph,
the Secretary shall presume in favor of maximum public
availability of information.''.

SEC. 31305. CORPORATE RESPONSIBILITY FOR NATIONAL HIGHWAY
TRAFFIC SAFETY ADMINISTRATION REPORTS.

(a) In General.--Section 30166 of title 49, United States
Code, is amended by adding at the end the following:
``(o) Corporate Responsibility for Reports.--
``(1) In general.--The Secretary shall require a senior
official responsible for safety in each company submitting
information to the Secretary in response to a request for
information in a safety defect or compliance investigation
under this chapter to certify that--
``(A) the signing official has reviewed the submission; and
``(B) based on the official's knowledge, the submission
does not--
``(i) contain any untrue statement of a material fact; or
``(ii) omit to state a material fact necessary in order to
make the statements made not misleading, in light of the
circumstances under which such statements were made.

[[Page S1317]]

``(2) Notice.--The certification requirements of this
section shall be clearly stated on any request for
information under paragraph (1).''.
(b) Civil Penalty.--Section 30165(a) of title 49, United
States Code, is amended--
(1) in paragraph (3), by striking ``A person'' and
inserting ``Except as provided in paragraph (4), a person'';
and
(2) by adding at the end the following:
``(4) False, misleading, or incomplete reports.--A person
who knowingly and willfully submits materially false,
misleading, or incomplete information to the Secretary, after
certifying the same information as accurate and complete
under the certification process established pursuant to
section 30166(o), shall be subject to a civil penalty of not
more than $5,000 per day. The maximum penalty under this
paragraph for a related series of daily violations is
$5,000,000.''.

SEC. 31306. PASSENGER MOTOR VEHICLE INFORMATION PROGRAM.

(a) Definition.--Section 32301 of title 49, United States
Code, is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) `crash avoidance' means preventing or mitigating a
crash;''; and
(3) in paragraph (2), as redesignated, by striking the
period at the end and inserting ``; and''.
(b) Information Included.--Section 32302(a) of title 49,
United States Code, is amended--
(1) in paragraph (2), by inserting ``, crash avoidance, and
any other areas the Secretary determines will improve the
safety of passenger motor vehicles'' after
``crashworthiness''; and
(2) by striking paragraph (4).

SEC. 31307. PROMOTION OF VEHICLE DEFECT REPORTING.

Section 32302 of title 49, United States Code, is amended
by adding at the end the following:
``(d) Motor Vehicle Defect Reporting Information.--
``(1) Rulemaking required.--Not later than 1 year after the
date of the enactment of the , the Secretary shall prescribe
regulations that require passenger motor vehicle
manufacturers--
``(A) to affix, in the glove compartment or in another
readily accessible location on the vehicle, a sticker, decal,
or other device that provides, in simple and understandable
language, information about how to submit a safety-related
motor vehicle defect complaint to the National Highway
Traffic Safety Administration;
``(B) to prominently print the information described in
subparagraph (A) on a separate page within the owner's
manual; and
``(C) to not place such information on the label required
under section 3 of the Automobile Information Disclosure Act
(15 U.S.C. 1232).
``(2) Application.--The requirements under paragraph (1)
shall apply to passenger motor vehicles manufactured in any
model year beginning more than 1 year after the date on which
a final rule is published under paragraph (1).''.

SEC. 31308. WHISTLEBLOWER PROTECTIONS FOR MOTOR VEHICLE
MANUFACTURERS, PART SUPPLIERS, AND DEALERSHIP
EMPLOYEES.

(a) In General.--Subchapter IV of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following:

``Sec.  30171. Protection of employees providing motor
vehicle safety information

``(a) Discrimination Against Employees of Manufacturers,
Part Suppliers, and Dealerships.--No motor vehicle
manufacturer, part supplier, or dealership may discharge an
employee or otherwise discriminate against an employee with
respect to compensation, terms, conditions, or privileges of
employment because the employee (or any person acting
pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide (with any knowledge of the employer) or cause to be
provided to the employer or the Secretary of Transportation
information relating to any motor vehicle defect,
noncompliance, or any violation or alleged violation of any
notification or reporting requirement of this chapter;
``(2) has filed, caused to be filed, or is about to file
(with any knowledge of the employer) or cause to be filed a
proceeding relating to any violation or alleged violation of
any motor vehicle defect, noncompliance, or any violation or
alleged violation of any notification or reporting
requirement of this chapter;
``(3) testified or is about to testify in such a
proceeding;
``(4) assisted or participated or is about to assist or
participate in such a proceeding; or
``(5) objected to, or refused to participate in, any
activity that the employee reasonably believed to be in
violation of any provision of any Act enforced by the
Secretary of Transportation, or any order, rule, regulation,
standard, or ban under any such Act.
``(b) Complaint Procedure.--
``(1) Filing and notification.--A person who believes that
he or she has been discharged or otherwise discriminated
against by any person in violation of subsection (a) may, not
later than 180 days after the date on which such violation
occurs, file (or have any person file on his or her behalf) a
complaint with the Secretary of Labor (hereinafter in this
section referred to as the `Secretary') alleging such
discharge or discrimination. Upon receipt of such a
complaint, the Secretary shall notify, in writing, the person
named in the complaint of the filing of the complaint, of the
allegations contained in the complaint, of the substance of
evidence supporting the complaint, and of the opportunities
that will be afforded to such person under paragraph (2).
``(2) Investigation; preliminary order.--
``(A) In general.--Not later than 60 days after the date of
receipt of a complaint filed under paragraph (1) and after
affording the person named in the complaint an opportunity to
submit to the Secretary a written response to the complaint
and an opportunity to meet with a representative of the
Secretary to present statements from witnesses, the Secretary
shall conduct an investigation and determine whether there is
reasonable cause to believe that the complaint has merit and
notify, in writing, the complainant and the person alleged to
have committed a violation of subsection (a) of the
Secretary's findings. If the Secretary concludes that there
is a reasonable cause to believe that a violation of
subsection (a) has occurred, the Secretary shall accompany
the Secretary's findings with a preliminary order providing
the relief prescribed by paragraph (3)(B). Not later than 30
days after the date of notification of findings under this
paragraph, either the person alleged to have committed the
violation or the complainant may file objections to the
findings or preliminary order, or both, and request a hearing
on the record. The filing of such objections shall not
operate to stay any reinstatement remedy contained in the
preliminary order. Such hearings shall be conducted
expeditiously. If a hearing is not requested in such 30-day
period, the preliminary order shall be deemed a final order
that is not subject to judicial review.
``(B) Requirements.--
``(i) Required showing by complainant.--The Secretary shall
dismiss a complaint filed under this subsection and shall not
conduct an investigation otherwise required under
subparagraph (A) unless the complainant makes a prima facie
showing that any behavior described in paragraphs (1) through
(5) of subsection (a) was a contributing factor in the
unfavorable personnel action alleged in the complaint.
``(ii) Showing by employer.--Notwithstanding a finding by
the Secretary that the complainant has made the showing
required under clause (i), no investigation otherwise
required under subparagraph (A) shall be conducted if the
employer demonstrates, by clear and convincing evidence, that
the employer would have taken the same unfavorable personnel
action in the absence of that behavior.
``(iii) Criteria for determination by secretary.--The
Secretary may determine that a violation of subsection (a)
has occurred only if the complainant demonstrates that any
behavior described in paragraphs (1) through (5) of
subsection (a) was a contributing factor in the unfavorable
personnel action alleged in the complaint.
``(iv) Prohibition.--Relief may not be ordered under
subparagraph (A) if the employer demonstrates, by clear and
convincing evidence, that the employer would have taken the
same unfavorable personnel action in the absence of that
behavior.
``(3) Final order.--
``(A) Deadline for issuance; settlement agreements.--Not
later than 120 days after the date of conclusion of a hearing
under paragraph (2), the Secretary shall issue a final order
providing the relief prescribed by this paragraph or denying
the complaint. At any time before issuance of a final order,
a proceeding under this subsection may be terminated on the
basis of a settlement agreement entered into by the
Secretary, the complainant, and the person alleged to have
committed the violation.
``(B) Remedy.--If, in response to a complaint filed under
paragraph (1), the Secretary determines that a violation of
subsection (a) has occurred, the Secretary shall order the
person who committed such violation--
``(i) to take affirmative action to abate the violation;
``(ii) to reinstate the complainant to his or her former
position together with the compensation (including back pay)
and restore the terms, conditions, and privileges associated
with his or her employment; and
``(iii) to provide compensatory damages to the complainant.
``(C) Attorneys' fees.--If such an order is issued under
this paragraph, the Secretary, at the request of the
complainant, shall assess against the person against whom the
order is issued a sum equal to the aggregate amount of all
costs and expenses (including attorneys' and expert witness
fees) reasonably incurred, as determined by the Secretary, by
the complainant for, or in connection with, bringing the
complaint upon which the order was issued.
``(D) Frivolous complaints.--If the Secretary determines
that a complaint under paragraph (1) is frivolous or has been
brought in bad faith, the Secretary may award to the
prevailing employer a reasonable attorney's fee not exceeding
$1,000.
``(E) De novo review.--With respect to a complaint under
paragraph (1), if the Secretary of Labor has not issued a
final decision within 210 days after the filing of the
complaint and if the delay is not due to the bad faith of the
employee, the employee may bring an original action at law or
equity for de novo review in the appropriate district

[[Page S1318]]

court of the United States, which shall have jurisdiction
over such an action without regard to the amount in
controversy, and which action shall, at the request of either
party to the action, be tried by the court with a jury. The
action shall be governed by the same legal burdens of proof
specified in paragraph (2)(B) for review by the Secretary of
Labor.
``(4) Review.--
``(A) Appeal to court of appeals.--Any person adversely
affected or aggrieved by an order issued under paragraph (3)
may obtain review of the order in the United States Court of
Appeals for the circuit in which the violation, with respect
to which the order was issued, allegedly occurred or the
circuit in which the complainant resided on the date of such
violation. The petition for review shall be filed not later
than 60 days after the date of the issuance of the final
order of the Secretary. Review shall conform to chapter 7 of
title 5. The commencement of proceedings under this
subparagraph shall not, unless ordered by the court, operate
as a stay of the order.
``(B) Limitation on collateral attack.--An order of the
Secretary with respect to which review could have been
obtained under subparagraph (A) shall not be subject to
judicial review in any criminal or other civil proceeding.
``(5) Enforcement of order by secretary.--Whenever any
person fails to comply with an order issued under paragraph
(3), the Secretary may file a civil action in the United
States district court for the district in which the violation
was found to occur to enforce such order. In actions brought
under this paragraph, the district courts shall have
jurisdiction to grant all appropriate relief, including
injunctive relief and compensatory damages.
``(6) Enforcement of order by parties.--
``(A) Commencement of action.--A person on whose behalf an
order was issued under paragraph (3) may commence a civil
action against the person to whom such order was issued to
require compliance with such order. The appropriate United
States district court shall have jurisdiction, without regard
to the amount in controversy or the citizenship of the
parties, to enforce such order.
``(B) Attorney fees.--The court, in issuing any final order
under this paragraph, may award costs of litigation
(including reasonable attorney and expert witness fees) to
any party whenever the court determines such award is
appropriate.
``(c) Mandamus.--Any nondiscretionary duty imposed under
this section shall be enforceable in a mandamus proceeding
brought under section 1361 of title 28.
``(d) Nonapplicability To Deliberate Violations.--
Subsection (a) shall not apply with respect to an employee of
a motor vehicle manufacturer, part supplier, or dealership
who, acting without direction from such motor vehicle
manufacturer, part supplier, or dealership (or such person's
agent), deliberately causes a violation of any requirement
relating to motor vehicle safety under this chapter.''.
(b) Conforming Amendment.--The table of sections for
chapter 301 of title 49, United States Code, is amended by
inserting after the item relating to section 30170 the
following:

``30171. Protection of employees providing motor vehicle safety
information.''.

SEC. 31309. ANTI-REVOLVING DOOR.

(a) Amendment.--Subchapter I of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following:

``Sec.  30107. Restriction on covered motor vehicle safety
officials

``(a) In General.--During the 2-year period after the
termination of his or her service or employment, a covered
vehicle safety official may not knowingly make, with the
intent to influence, any communication to or appearance
before any officer or employee of the National Highway
Traffic Safety Administration on behalf of any manufacturer
subject to regulation under this chapter in connection with
any matter involving motor vehicle safety on which such
person seeks official action by any officer or employee of
the National Highway Traffic Safety Administration.
``(b) Manufacturers.--It is unlawful for any manufacturer
or other person subject to regulation under this chapter to
employ or contract for the services of an individual to whom
subsection (a) applies during the 2-year period commencing on
the individual's termination of employment with the National
Highway Traffic Safety Administration in a capacity in which
the individual is prohibited from serving during that period.
``(c) Special Rule for Detailees.--For purposes of this
section, a person who is detailed from 1 department, agency,
or other entity to another department, agency, or other
entity shall, during the period such person is detailed, be
deemed to be an officer or employee of both departments,
agencies, or such entities.
``(d) Savings Provision.--Nothing in this section may be
construed to expand, contract, or otherwise affect the
application of any waiver or criminal penalties under section
207 of title 18.
``(e) Exception for Testimony.--Nothing in this section may
be construed to prevent an individual from giving testimony
under oath, or from making statements required to be made
under penalty of perjury.
``(f) Defined Term.--In this section, the term `covered
vehicle safety official' means any officer or employee of the
National Highway Traffic Safety Administration--
``(1) who, during the final 12 months of his or her service
or employment with the agency, serves or served in a
technical or legal capacity, and whose job responsibilities
include or included vehicle safety defect investigation,
vehicle safety compliance, vehicle safety rulemaking, or
vehicle safety research; and
``(2) who serves in a supervisory or management capacity
over an officer or employee described in paragraph (1).
``(g) Effective Date.--This section shall apply to covered
vehicle safety officials who terminate service or employment
with the National Highway Traffic Safety Administration after
the date of enactment of the .''.
(b) Civil Penalty.--Section 30165(a) of title 49, United
States Code, as amended by this subtitle, is further amended
by adding at the end the following:
``(5) Improper influence.--An individual who violates
section 30107(a) is liable to the United States Government
for a civil penalty, as determined under section 216(b) of
title 18, for an offense under section 207 of that title. A
manufacturer or other person subject to regulation under this
chapter who violates section 30107(b) is liable to the United
States Government for a civil penalty equal to the sum of--
``(A) an amount equal to not less than $100,000; and
``(B) an amount equal to 90 percent of the annual
compensation or fee paid or payable to the individual with
respect to whom the violation occurred.''.
(c) Study of Department of Transportation Policies on
Official Communication With Former Motor Vehicle Safety Issue
Employees.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General of the
Department of Transportation shall--
(1) review the Department of Transportation's policies and
procedures applicable to official communication with former
employees concerning motor vehicle safety compliance matters
for which they had responsibility during the last 12 months
of their tenure at the Department, including any limitations
on the ability of such employees to submit comments, or
otherwise communicate directly with the Department, on motor
vehicle safety issues; and
(2) submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives that contains
the Inspector General's findings, conclusions, and
recommendations for strengthening those policies and
procedures to minimize the risk of undue influence without
compromising the ability of the Department to employ and
retain highly qualified individuals for such
responsibilities.
(d) Post-Employment Policy Study.--
(1) In general.--The Inspector General of the Department of
Transportation shall conduct a study of the Department's
policies relating to post-employment restrictions on
employees who perform functions related to transportation
safety.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Inspector General shall submit a
report containing the results of the study conducted under
paragraph (1) to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives; and
(C) the Secretary of Transportation.
(3) Use of results.--The Secretary of Transportation shall
review the results of the study conducted under paragraph (1)
and take whatever action the Secretary determines to be
appropriate.
(e) Conforming Amendment.--The table of contents for
chapter 301 of title 49, United States Code, is amended by
inserting after the item relating to section 30106 the
following:

``30107. Restriction on covered motor vehicle safety officials.''.

SEC. 31310. STUDY OF CRASH DATA COLLECTION.

(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit a report to
the Committee on Commerce, Science, and Transportation of the
Senate the Committee on Energy and Commerce of the House of
Representatives regarding the quality of data collected
through the National Automotive Sampling System, including
the Special Crash Investigations Program.
(b) Review.--The Administrator of the National Highway
Traffic Safety Administration (referred to in this section as
the ``Administration'') shall conduct a comprehensive review
of the data elements collected from each crash to determine
if additional data should be collected. The review under this
subsection shall include input from interested parties,
including suppliers, automakers, safety advocates, the
medical community, and research organizations.
(c) Contents.--The report issued under this section shall
include--
(1) the analysis and conclusions the Administration can
reach from the amount of motor vehicle crash data collected
in a given year;
(2) the additional analysis and conclusions the
Administration could reach if more crash investigations were
conducted each year;

[[Page S1319]]

(3) the number of investigations per year that would allow
for optimal data analysis and crash information;
(4) the results of the comprehensive review conducted
pursuant to subsection (b);
(5) recommendations for improvements to the
Administration's data collection program; and
(6) the resources needed by the Administration to implement
such recommendations.

SEC. 31311. UPDATE MEANS OF PROVIDING NOTIFICATION; IMPROVING
EFFICACY OF RECALLS.

(a) Update of Means of Providing Notification.--Section
30119(d) of title 49, United States Code, is amended--
(1) by striking, in paragraph (1), ``by first class mail''
and inserting ``in the manner prescribed by the Secretary, by
regulation'';
(2) in paragraph (2)--
(A) by striking ``(except a tire) shall be sent by first
class mail'' and inserting ``shall be sent in the manner
prescribed by the Secretary, by regulation,''; and
(B) by striking the second sentence;
(3) in paragraph (3)--
(A) by striking the first sentence;
(B) by inserting ``to the notification required under
paragraphs (1) and (2)'' after ``addition''; and
(C) by inserting ``by the manufacturer'' after ``given'';
and
(4) in paragraph (4), by striking ``by certified mail or
quicker means if available'' and inserting ``in the manner
prescribed by the Secretary, by regulation''.
(b) Improving Efficacy of Recalls.--Section 30119(e) of
title 49, United States Code, is amended--
(1) in the subsection heading, by striking ``Second'' and
inserting ``Additional'';
(2) by striking ``If the Secretary'' and inserting the
following:
``(1) Second notification.--If the Secretary''; and
(3) by adding at the end the following:
``(2) Additional notifications.--If the Secretary
determines, after considering the severity of the defect or
noncompliance, that the second notification by a manufacturer
does not result in an adequate number of motor vehicles or
items of replacement equipment being returned for remedy, the
Secretary may order the manufacturer--
``(A) to send additional notifications in the manner
prescribed by the Secretary, by regulation;
``(B) to take additional steps to locate and notify each
person registered under State law as the owner or lessee or
the most recent purchaser or lessee, as appropriate; and
``(C) to emphasize the magnitude of the safety risk caused
by the defect or noncompliance in such notification.''.

SEC. 31312. EXPANDING CHOICES OF REMEDY AVAILABLE TO
MANUFACTURERS OF REPLACEMENT EQUIPMENT.

Section 30120 of title 49, United States Code, is amended--
(1) in subsection (a)(1), by amending subparagraph (B) to
read as follows:
``(B) if replacement equipment, by repairing the equipment,
replacing the equipment with identical or reasonably
equivalent equipment, or by refunding the purchase price.'';
(2) in the heading of subsection (i), by adding ``of New
Vehicles or Equipment'' at the end; and
(3) in the heading of subsection (j), by striking
``Replaced'' and inserting ``Replacement''.

SEC. 31313. RECALL OBLIGATIONS AND BANKRUPTCY OF
MANUFACTURER.

(a) In General.--Chapter 301 of title 49, United States
Code, is amended by inserting the following after section
30120:

``SEC. 30120A. RECALL OBLIGATIONS AND BANKRUPTCY OF A
MANUFACTURER.

``A manufacturer's filing of a petition in bankruptcy under
chapter 11 of title 11, does not negate the manufacturer's
duty to comply with section 30112 or sections 30115 through
30120 of this title. In any bankruptcy proceeding, the
manufacturer's obligations under such sections shall be
treated as a claim of the United States Government against
such manufacturer, subject to subchapter II of chapter 37 of
title 31, United States Code, and given priority pursuant to
section 3713(a)(1)(A) of such chapter, notwithstanding
section 3713(a)(2), to ensure that consumers are adequately
protected from any safety defect or noncompliance determined
to exist in the manufacturer's products. This section shall
apply equally to actions of a manufacturer taken before or
after the filing of a petition in bankruptcy.''.
(b) Conforming Amendment.--The chapter analysis of chapter
301 of title 49, United States Code, is amended by inserting
after the item relating to section 30120 the following:

``30120a. Recall obligations and bankruptcy of a manufacturer.''.

SEC. 31314. REPEAL OF INSURANCE REPORTS AND INFORMATION
PROVISION.

Chapter 331 of title 49, United States Code, is amended--
(1) in the chapter analysis, by striking the item relating
to section 33112; and
(2) by striking section 33112.

SEC. 31315. MONRONEY STICKER TO PERMIT ADDITIONAL SAFETY
RATING CATEGORIES.

Section 3(g)(2) of the Automobile Information Disclosure
Act (15 U.S.C. 1232(g)(2)), is amended by inserting ``safety
rating categories that may include'' after ``refers to''.

Subtitle D--Vehicle Electronics and Safety Standards

SEC. 31401. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
ELECTRONICS, SOFTWARE, AND ENGINEERING
EXPERTISE.

(a) Council for Vehicle Electronics, Vehicle Software, and
Emerging Technologies.--
(1) In general.--The Secretary shall establish, within the
National Highway Traffic Safety Administration, a Council for
Vehicle Electronics, Vehicle Software, and Emerging
Technologies (referred to in this section as the ``Council'')
to build, integrate, and aggregate the Administration's
expertise in passenger motor vehicle electronics and other
new and emerging technologies.
(2) Implementation of roadmap.--The Council shall research
the inclusion of emerging lightweight plastic and composite
technologies in motor vehicles to increase fuel efficiency,
lower emissions, meet fuel economy standards, and enhance
passenger motor vehicle safety through continued utilization
of the Administration's Plastic and Composite Intensive
Vehicle Safety Roadmap (Report No. DOT HS 810 863).
(3) Intra-agency coordination.--The Council shall
coordinate with all components of the Administration
responsible for vehicle safety, including research and
development, rulemaking, and defects investigation.
(b) Honors Recruitment Program.--
(1) Establishment.--The Secretary shall establish, within
the National Highway Traffic Safety Administration, an honors
program for engineering students, computer science students,
and other students interested in vehicle safety that will
enable such students to train with engineers and other safety
officials for a career in vehicle safety.
(2) Stipend.--The Secretary is authorized to provide a
stipend to students during their participation in the program
established pursuant to paragraph (1).
(c) Assessment.--The Council, in consultation with affected
stakeholders, shall assess the implications of emerging
safety technologies in passenger motor vehicles, including
the effect of such technologies on consumers, product
availability, and cost.

SEC. 31402. VEHICLE STOPPING DISTANCE AND BRAKE OVERRIDE
STANDARD.

Not later than 1 year after the date of enactment of this
Act, the Secretary shall prescribe a Federal motor vehicle
safety standard that--
(1) mitigates unintended acceleration in passenger motor
vehicles;
(2) establishes performance requirements, based on the
speed, size, and weight of the vehicle, that enable a driver
to bring a passenger motor vehicle safely to a full stop by
normal braking application even if the vehicle is
simultaneously receiving accelerator input signals, including
a full-throttle input signal;
(3) may permit compliance through a system that requires
brake pedal application, after a period of time determined by
the Secretary, to override an accelerator pedal input signal
in order to stop the vehicle;
(4) requires that redundant circuits or other mechanisms be
built into accelerator control systems, including systems
controlled by electronic throttle, to maintain vehicle
control in the event of failure of the primary circuit or
mechanism; and
(5) may permit vehicles to incorporate a means to
temporarily disengage the function required under paragraph
(2) to facilitate operations, such as maneuvering trailers or
climbing steep hills, which may require the simultaneous
operation of brake and accelerator.

SEC. 31403. PEDAL PLACEMENT STANDARD.

(a) In General.--The Secretary shall initiate a rulemaking
proceeding to consider a Federal motor vehicle safety
standard that would mitigate potential obstruction of pedal
movement in passenger motor vehicles, after taking into
account--
(1) various pedal mounting configurations; and
(2) minimum clearances for passenger motor vehicle foot
pedals with respect to other pedals, the vehicle floor
(including aftermarket floor coverings), and any other
potential obstructions to pedal movement that the Secretary
determines to be relevant.
(b) Deadline.--
(1) In general.--Except as provided under paragraph (2),
the Secretary shall issue a final rule to implement the
safety standard described in subsection (a) not later than 3
years after the date of the enactment of this Act.
(2) Report.--If the Secretary determines that a pedal
placement standard does not meet the requirements and
considerations set forth in subsections (a) and (b) of
section 30111 of title 49, United States Code, the Secretary
shall submit a report describing the reasons for not
prescribing such standard to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.
(c) Combined Rulemaking.--The Secretary may combine the
rulemaking proceeding required under subsection (a) with the
rulemaking proceeding required under section 31402.

SEC. 31404. ELECTRONIC SYSTEMS PERFORMANCE STANDARD.

(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall initiate a
rulemaking proceeding to consider prescribing or amending

[[Page S1320]]

a Federal motor vehicle safety standard that--
(1) requires electronic systems in passenger motor vehicles
to meet minimum performance requirements; and
(2) may include requirements for--
(A) electronic components;
(B) the interaction of electronic components;
(C) security needs for those electronic systems to prevent
unauthorized access; or
(D) the effect of surrounding environments on those
electronic systems.
(b) Deadline.--
(1) In general.--Except as provided under paragraph (2),
the Secretary shall issue a final rule to implement the
safety standard described in subsection (a) not later than 4
years after the date of enactment of this Act.
(2) Report.--If the Secretary determines that such a
standard does not meet the requirements and considerations
set forth in subsections (a) and (b) of section 30111 of
title 49, United States Code, the Secretary shall submit a
report describing the reasons for not prescribing such
standard to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.
(c) National Academy of Sciences.--In conducting the
rulemaking under subsection (a), the Secretary shall consider
the findings and recommendations of the National Academy of
Sciences, if any, pursuant to its study of electronic vehicle
controls.

SEC. 31405. PUSHBUTTON IGNITION SYSTEMS STANDARD.

(a) Pushbutton Ignition Standard.--
(1) In general.--The Secretary shall initiate a rulemaking
proceeding to consider a Federal motor vehicle safety
standard for passenger motor vehicles with pushbutton
ignition systems that establishes a standardized operation of
such systems when used by drivers, including drivers who may
be unfamiliar with such systems, in an emergency situation
when the vehicle is in motion.
(2) Other ignition systems.--In the rulemaking proceeding
initiated under paragraph (1), the Secretary may include any
other ignition-starting mechanism that the Secretary
determines should be considered.
(b) Pushbutton Ignition System Defined.--The term
``pushbutton ignition system'' means a mechanism, such as the
push of a button, for starting a passenger motor vehicle that
does not involve the physical insertion and turning of a
tangible key.
(c) Deadline.--
(1) In general.--Except as provided under paragraph (2),
the Secretary shall issue a final rule to implement the
standard described in subsection (a) not later than 2 years
after the date of the enactment of this Act.
(2) Report.--If the Secretary determines that a standard
does not meet the requirements and considerations set forth
in subsections (a) and (b) of section 30111 of title 49,
United States Code, the Secretary shall submit a report
describing the reasons for not prescribing such standard to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.

SEC. 31406. VEHICLE EVENT DATA RECORDERS.

(a) Mandatory Event Data Recorders.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall revise part 563 of
title 49, Code of Federal Regulations, to require, beginning
with model year 2015, that new passenger motor vehicles sold
in the United States be equipped with an event data recorder
that meets the requirements under that part.
(2) Penalty.--The violation of any provision under part 563
of title 49, Code of Federal Regulations--
(A) shall be deemed to be a violation of section 30112 of
title 49, United States Code;
(B) shall be subject to civil penalties under section
30165(a) of that title; and
(C) shall not subject a manufacturer (as defined in section
30102(a)(5) of that title) to the requirements under section
30120 of that title.
(b) Limitations on Information Retrieval.--
(1) Ownership of data.--Any data in an event data recorder
required under part 563 of title 49, Code of Federal
Regulations, regardless of when the passenger motor vehicle
in which it is installed was manufactured, is the property of
the owner, or in the case of a leased vehicle, the lessee of
the passenger motor vehicle in which the data recorder is
installed.
(2) Privacy.--Data recorded or transmitted by such a data
recorder may not be retrieved by a person other than the
owner or lessee of the motor vehicle in which the recorder is
installed unless--
(A) a court authorizes retrieval of the information in
furtherance of a legal proceeding;
(B) the owner or lessee consents to the retrieval of the
information for any purpose, including the purpose of
diagnosing, servicing, or repairing the motor vehicle;
(C) the information is retrieved pursuant to an
investigation or inspection authorized under section 1131(a)
or 30166 of title 49, United States Code, and the personally
identifiable information of the owner, lessee, or driver of
the vehicle and the vehicle identification number is not
disclosed in connection with the retrieved information; or
(D) the information is retrieved for the purpose of
determining the need for, or facilitating, emergency medical
response in response to a motor vehicle crash.
(c) Report to Congress.--Two years after the date of
implementation of subsection (a), the Secretary shall study
the safety impact and the impact on individual privacy of
event data recorders in passenger motor vehicles and report
its findings to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives. The report shall
include--
(1) the safety benefits gained from installation of event
data recorders;
(2) the recommendations on what, if any, additional data
the event data recorder should be modified to record;
(3) the additional safety benefit such information would
yield;
(4) the estimated cost to manufacturers to implement the
new enhancements;
(5) an analysis of how the information proposed to be
recorded by an event data recorder conforms to applicable
legal, regulatory, and policy requirements regarding privacy;
(6) a determination of the risks and effects of collecting
and maintaining the information proposed to be recorded by an
event data recorder;
(7) an examination and evaluation of the protections and
alternative processes for handling information recorded by an
event data recorder to mitigate potential privacy risks.
(d) Revised Requirements for Event Data Recorders.--Based
on the findings of the study under subsection (c), the
Secretary shall initiate a rulemaking proceeding to revise
part 563 of title 49, Code of Federal Regulations. The rule--
(1) shall require event data recorders to capture and store
data related to motor vehicle safety covering a reasonable
time period before, during, and after a motor vehicle crash
or airbag deployment, including a rollover;
(2) shall require that data stored on such event data
recorders be accessible, regardless of vehicle manufacturer
or model, with commercially available equipment in a
specified data format;
(3) shall establish requirements for preventing
unauthorized access to the data stored on an event data
recorder in order to protect the security, integrity, and
authenticity of the data; and
(4) may require an interoperable data access port to
facilitate universal accessibility and analysis.
(e) Disclosure of Existence and Purpose of Event Data
Recorder.--The rule issued under subsection (d) shall require
that any owner's manual or similar documentation provided to
the first purchaser of a passenger motor vehicle for purposes
other than resale--
(1) disclose that the vehicle is equipped with such a data
recorder; and
(2) explain the purpose of the data recorder.
(f) Access to Event Data Recorders in Agency
Investigations.--Section 30166(c)(3)(C) of title 49, United
States Code, is amended by inserting ``, including any
electronic data contained within the vehicle's diagnostic
system or event data recorder'' after ``equipment.''
(g) Deadline for Rulemaking.--The Secretary shall issue a
final rule under subsection (d) not later than 4 years after
the date of enactment of this Act.

SEC. 31407. PROHIBITION ON ELECTRONIC VISUAL ENTERTAINMENT IN
DRIVER'S VIEW.

(a) Visual Entertainment Screens in Driver's View.--Not
later than 2 years after the date of enactment of this Act,
the Secretary of Transportation shall issue a final rule that
prescribes a Federal motor vehicle safety standard
prohibiting electronic screens from displaying broadcast
television, movies, video games, and other forms of similar
visual entertainment that is visible to the driver while
driving.
(b) Exceptions.--The standard prescribed under subsection
(a) shall allow electronic screens that display information
or images regarding operation of the vehicle, vehicle
surroundings, and telematic functions, such as the vehicles
navigation and communications system, weather, time, or the
vehicle's audio system.

SEC. 31408. COMMERCIAL MOTOR VEHICLE ROLLOVER PREVENTION AND
CRASH MITIGATION.

(a) Rulemaking.--Not later than 3 months after the date of
enactment of this Act, the Secretary of Transportation shall
initiate a rulemaking proceeding pursuant to section 30111 of
title 49, United States Code, to prescribe or amend a Federal
motor vehicle safety standard to reduce commercial motor
vehicle rollover and loss of control crashes and mitigate
deaths and injuries associated with such crashes for air-
braked truck tractors and motorcoaches with a gross vehicle
weight rating of more than 26,000 pounds.
(b) Required Performance Standards.--The rulemaking
proceeding initiated under subsection (a) shall establish
standards to reduce the occurrence of rollovers and loss of
control crashes consistent with stability enhancing
technologies, such as electronic stability control systems.
(c) Deadline.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall issue a final rule
under subsection (a).

[[Page S1321]]

Subtitle E--Child Safety Standards

SEC. 31501. CHILD SAFETY SEATS.

(a) Protection for Larger Children.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
issue a final rule amending Federal Motor Vehicle Safety
Standard Number 213 to establish frontal crash protection
requirements for child restraint systems for children
weighing more than 65 pounds.
(b) Side Impact Crashes.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall issue a
final rule amending Federal Motor Vehicle Safety Standard
Number 213 to improve the protection of children seated in
child restraint systems during side impact crashes.
(c) Frontal Impact Test Parameters.--
(1) Commencement.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall commence a
rulemaking proceeding to amend test parameters under Federal
Motor Vehicle Safety Standard Number 213 to better replicate
real world conditions.
(2) Final rule.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall issue a final rule
pursuant to paragraph (1).

SEC. 31502. CHILD RESTRAINT ANCHORAGE SYSTEMS.

(a) Initiation of Rulemaking Proceeding.--Not later than 1
year after the date of enactment of this Act, the Secretary
shall initiate a rulemaking proceeding to--
(1) amend Federal Motor Vehicle Safety Standard Number 225
(relating to child restraint anchorage systems) to improve
the visibility of, accessibility to, and ease of use for
lower anchorages and tethers in all rear seat seating
positions if such anchorages and tethers are feasible; and
(2) amend Federal Motor Vehicle Safety Standard Number 213
(relating to child restraint systems) or Federal Motor
Vehicle Safety Standard Number 225 (relating to child
restraint anchorage systems)--
(A) to establish a maximum allowable weight of the child
and child restraint for standardizing the recommended use of
child restraint anchorage systems in all vehicles; and
(B) to provide the information described in subparagraph
(A) to the consumer.
(b) Final Rule.--
(1) In general.--Except as provided under paragraph (2),
the Secretary shall issue a final rule under subsection (a)
not later than 3 years after the date of the enactment of
this Act.
(2) Report.--If the Secretary determines that an amendment
to the standard referred to in subsection (a) does not meet
the requirements and considerations set forth in subsections
(a) and (b) of section 30111 of title 49, United States Code,
the Secretary shall submit a report describing the reasons
for not prescribing such a standard to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.

SEC. 31503. REAR SEAT BELT REMINDERS.

(a) Initiation of Rulemaking Proceeding.--Not later than 2
years after the date of enactment of this Act, the Secretary
shall initiate a rulemaking proceeding to amend Federal Motor
Vehicle Safety Standard Number 208 (relating to occupant
crash protection) to provide a safety belt use warning system
for designated seating positions in the rear seat.
(b) Final Rule.--
(1) In general.--Except as provided under paragraph (2),
the Secretary shall issue a final rule under subsection (a)
not later than 3 years after the date of enactment of this
Act.
(2) Report.--If the Secretary determines that an amendment
to the standard referred to in subsection (a) does not meet
the requirements and considerations set forth in subsections
(a) and (b) of section 30111 of title 49, United States Code,
the Secretary shall submit a report describing the reasons
for not prescribing such a standard to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.

SEC. 31504. UNATTENDED PASSENGER REMINDERS.

(a) Safety Research Initiative.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall
complete research into the development of performance
requirements to warn drivers that a child or other unattended
passenger remains in a rear seating position after the
vehicle motor is disengaged.
(b) Specifications.--In carrying out subsection (a), the
Secretary shall consider performance requirements that--
(1) sense weight, the presence of a buckled seat belt, or
other indications of the presence of a child or other
passenger; and
(2) provide an alert to prevent hyperthermia and
hypothermia that can result in death or severe injuries.
(c) Rulemaking or Report.--
(1) Rulemaking.--Not later than 1 year after the completion
of each research and testing initiative required under
subsection (a), the Secretary shall initiate a rulemaking
proceeding to issue a Federal motor vehicle safety standard
if the Secretary determines that such a standard meets the
requirements and considerations set forth in subsections (a)
and (b) of section 30111 of title 49, United States Code.
(2) Report.--If the Secretary determines that the standard
described in subsection (a) does not meet the requirements
and considerations set forth in subsections (a) and (b) of
section 30111 of title 49, United States Code, the Secretary
shall submit a report describing the reasons for not
prescribing such a standard to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.

SEC. 31505. NEW DEADLINE.

If the Secretary determines that any deadline for issuing a
final rule under this Act cannot be met, the Secretary
shall--
(1) provide the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives with an explanation
for why such deadline cannot be met; and
(2) establish a new deadline for that rule.

Subtitle F--Improved Daytime and Nighttime Visibility of Agricultural
Equipment

SEC. 31601. RULEMAKING ON VISIBILITY OF AGRICULTURAL
EQUIPMENT.

(a) Definitions.--In this section:
(1) Agricultural equipment.--The term ``agricultural
equipment'' has the meaning given the term ``agricultural
field equipment'' in ASABE Standard 390.4, entitled
``Definitions and Classifications of Agricultural Field
Equipment'', which was published in January 2005 by the
American Society of Agriculture and Biological Engineers, or
any successor standard.
(2) Public road.--The term ``public road'' has the meaning
given the term in section 101(a)(27) of title 23, United
States Code.
(b) Rulemaking.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation, after
consultation with representatives of the American Society of
Agricultural and Biological Engineers and appropriate Federal
agencies, and with other appropriate persons, shall
promulgate a rule to improve the daytime and nighttime
visibility of agricultural equipment that may be operated on
a public road.
(2) Minimum standards.--The rule promulgated pursuant to
this subsection shall--
(A) establish minimum lighting and marking standards for
applicable agricultural equipment manufactured at least 1
year after the date on which such rule is promulgated; and
(B) provide for the methods, materials, specifications, and
equipment to be employed to comply with such standards, which
shall be equivalent to ASABE Standard 279.14, entitled
``Lighting and Marking of Agricultural Equipment on
Highways'', which was published in July 2008 by the American
Society of Agricultural and Biological Engineers, or any
successor standard.
(c) Review.--Not less frequently than once every 5 years,
the Secretary of Transportation shall--
(1) review the standards established pursuant to subsection
(b); and
(2) revise such standards to reflect the revision of ASABE
Standard 279 that is in effect at the time of such review.
(d) Limitations.--
(1) Compliance with successor standards.--Any rule
promulgated pursuant to this section may not prohibit the
operation on public roads of agricultural equipment that is
equipped in accordance with any adopted revision of ASABE
Standard 279 that is later than the revision of such standard
that was referenced during the promulgation of the rule.
(2) No retrofitting required.--Any rule promulgated
pursuant to this section may not require the retrofitting of
agricultural equipment that was manufactured before the date
on which the lighting and marking standards are enforceable
under subsection (b)(2)(A).
(3) No effect on additional materials and equipment.--Any
rule promulgated pursuant to this section may not prohibit
the operation on public roads of agricultural equipment that
is equipped with materials or equipment that are in addition
to the minimum materials and equipment specified in the
standard upon which such rule is based.

TITLE II--COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 2012

SEC. 32001. SHORT TITLE.

This title may be cited as the ``Commercial Motor Vehicle
Safety Enhancement Act of 2012''.

SEC. 32002. REFERENCES TO TITLE 49, UNITED STATES CODE.

Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of title 49, United States Code.

Subtitle A--Commercial Motor Vehicle Registration

SEC. 32101. REGISTRATION OF MOTOR CARRIERS.

(a) Registration Requirements.--Section 13902(a)(1) is
amended to read as follows:
``(1) In general.--Except as otherwise provided in this
section, the Secretary of Transportation may not register a
person to provide transportation subject to jurisdiction
under subchapter I of chapter 135 as a motor carrier unless
the Secretary determines that the person--
``(A) is willing and able to comply with--
``(i) this part and the applicable regulations of the
Secretary and the Board;
``(ii) any safety regulations imposed by the Secretary;

[[Page S1322]]

``(iii) the duties of employers and employees established
by the Secretary under section 31135;
``(iv) the safety fitness requirements established by the
Secretary under section 31144;
``(v) the accessibility requirements established by the
Secretary under subpart H of part 37 of title 49, Code of
Federal Regulations (or successor regulations), for
transportation provided by an over-the-road bus; and
``(vi) the minimum financial responsibility requirements
established by the Secretary under sections 13906, 31138, and
31139;
``(B) has submitted a comprehensive management plan
documenting that the person has management systems in place
to ensure compliance with safety regulations imposed by the
Secretary;
``(C) has disclosed any relationship involving common
ownership, common management, common control, or common
familial relationship between that person and any other motor
carrier, freight forwarder, or broker, or any other applicant
for motor carrier, freight forwarder, or broker registration,
or a successor (as that term is defined under section 31153),
if the relationship occurred in the 5-year period preceding
the date of the filing of the application for registration;
and
``(D) after the Secretary establishes a written proficiency
examination pursuant to section 32101(b) of the Commercial
Motor Vehicle Safety Enhancement Act of 2012, has passed the
written proficiency examination.''.
(b) Written Proficiency Examination.--
(1) Establishment.--Not later than 18 months after the date
of enactment of this Act, the Secretary shall establish a
written proficiency examination for applicant motor carriers
pursuant to section 13902(a)(1)(D) of title 49, United States
Code. The written proficiency examination shall test a
person's knowledge of applicable safety regulations,
standards, and orders of the Federal government and State
government.
(2) Additional fee.--The Secretary may assess a fee to
cover the expenses incurred by the Department of
Transportation in--
(A) developing and administering the written proficiency
examination; and
(B) reviewing the comprehensive management plan required
under section 13902(a)(1)(B) of title 49, United States Code.
(c) Conforming Amendment.--Section 210(b) of the Motor
Carrier Safety Improvement Act of 1999 (49 U.S.C. 31144 note)
is amended--
(1) by inserting ``, commercial regulations, and provisions
of subpart H of part 37 of title 49, Code of Federal
Regulations, or successor regulations'' after ``applicable
safety regulations''; and
(2) by striking ``consider the establishment of'' and
inserting ``establish''.

SEC. 32102. SAFETY FITNESS OF NEW OPERATORS.

(a) Safety Reviews of New Operators.--Section 31144(g)(1)
is amended to read as follows:
``(1) Safety review.--
``(A) In general.--The Secretary shall require, by
regulation, each owner and each operator granted new
registration under section 13902 or 31134 to undergo a safety
review not later than 12 months after the owner or operator,
as the case may be, begins operations under such
registration.
``(B) Providers of motorcoach services.--The Secretary may
register a person to provide motorcoach services under
section 13902 or 31134 after the person undergoes a pre-
authorization safety audit, including verification, in a
manner sufficient to demonstrate the ability to comply with
Federal rules and regulations, as described in section 13902.
The Secretary shall continue to monitor the safety
performance of each owner and each operator subject to this
section for 12 months after the owner or operator is granted
registration under section 13902 or 31134. The registration
of each owner and each operator subject to this section shall
become permanent after the motorcoach service provider is
granted registration following a pre-authorization safety
audit and the expiration of the 12 month monitoring period.
``(C) Pre-authorization safety audit.--The Secretary may
require, by regulation, that the pre-authorization safety
audit under subparagraph (B) be completed on-site not later
than 90 days after the submission of an application for
operating authority.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect 1 year after the date of enactment of this
Act.

SEC. 32103. REINCARNATED CARRIERS.

(a) Effective Periods of Registration.--
(1) Suspensions, amendments, and revocations.--Section
13905(d) is amended--
(A) by redesignating paragraph (2) as paragraph (4);
(B) by striking paragraph (1) and inserting the following:
``(1) Applications.--On application of the registrant, the
Secretary may amend or revoke a registration.
``(2) Complaints and actions on secretary's own
initiative.--On complaint or on the Secretary's own
initiative and after notice and an opportunity for a
proceeding, the Secretary may--
``(A) suspend, amend, or revoke any part of the
registration of a motor carrier, broker, or freight forwarder
for willful failure to comply with--
``(i) this part;
``(ii) an applicable regulation or order of the Secretary
or the Board, including the accessibility requirements
established by the Secretary under subpart H of part 37 of
title 49, Code of Federal Regulations (or successor
regulations), for transportation provided by an over-the-road
bus; or
``(iii) a condition of its registration;
``(B) withhold, suspend, amend, or revoke any part of the
registration of a motor carrier, broker, or freight forwarder
for failure--
``(i) to pay a civil penalty imposed under chapter 5, 51,
149, or 311;
``(ii) to arrange and abide by an acceptable payment plan
for such civil penalty, not later than 90 days after the date
specified by order of the Secretary for the payment of such
penalty; or
``(iii) for failure to obey a subpoena issued by the
Secretary;
``(C) withhold, suspend, amend, or revoke any part of a
registration of a motor carrier, broker, or freight forwarder
following a determination by the Secretary that the motor
carrier, broker, or freight forwarder failed to disclose, in
its application for registration, a material fact relevant to
its willingness and ability to comply with--
``(i) this part;
``(ii) an applicable regulation or order of the Secretary
or the Board; or
``(iii) a condition of its registration; or
``(D) withhold, suspend, amend, or revoke any part of a
registration of a motor carrier, broker, or freight forwarder
if the Secretary finds that--
``(i) the motor carrier, broker, or freight forwarder is or
was related through common ownership, common management,
common control, or common familial relationship to any other
motor carrier, broker, or freight forwarder, or any other
applicant for motor carrier, broker, or freight forwarder
registration that the Secretary determines is or was
unwilling or unable to comply with the relevant requirements
listed in section 13902, 13903, or 13904; or
``(ii) the person is the successor, as defined in section
31153, to a person who is or was unwilling or unable to
comply with the relevant requirements of section 13902,
13903, or 13904.
``(3) Limitation.--Paragraph (2)(B) shall not apply to a
person who is unable to pay a civil penalty because the
person is a debtor in a case under chapter 11 of title 11.'';
and
(C) in paragraph (4), as redesignated by section
32103(a)(1)(A) of this Act, by striking ``paragraph (1)(B)''
and inserting ``paragraph (2)(B)''.
(2) Procedure.--Section 13905(e) is amended by inserting
``or if the Secretary determines that the registrant failed
to disclose a material fact in an application for
registration in accordance with subsection (d)(2)(C),'' after
``registrant,''.
(b) Information Systems.--Section 31106(a)(3) is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) in subparagraph (G), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(H) determine whether a person or employer is or was
related, through common ownership, common management, common
control, or common familial relationship, to any other
person, employer, or any other applicant for registration
under section 13902 or 31134.''.

SEC. 32104. FINANCIAL RESPONSIBILITY REQUIREMENTS.

(a) Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall--
(1) issue a report on the appropriateness of--
(A) the current minimum financial responsibility
requirements under sections 31138 and 31139 of title 49,
United States Code; and
(B) the current bond and insurance requirements under
section 13904(f) of title 49, United States Code; and
(2) submit the report issued under paragraph (1) to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.
(b) Rulemaking.--Not later than 6 months after the
publication of the report under subsection (a), the Secretary
shall initiate a rulemaking--
(1) to revise the minimum financial responsibility
requirements under sections 31138 and 31139 of title 49,
United States Code and
(2) to revise the bond and insurance requirements under
section 13904(f) of such title, as appropriate, based on the
findings of the report submitted under subsection (a).
(c) Deadline.--Not later than 1 year after the start of the
rulemaking under subsection (b), the Secretary shall--
(1) issue a final rule; or
(2) if the Secretary determines that a rulemaking is not
required following the Secretary's analysis, submit a report
stating the reason for not increasing the minimum financial
responsibility requirements to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives.
(d) Biennial Reviews.--Not less than once every 2 years,
the Secretary shall review the requirements prescribed under
subsection (b) and revise the requirements, as appropriate.

SEC. 32105. USDOT NUMBER REGISTRATION REQUIREMENT.

(a) In General.--Chapter 311 is amended by inserting after
section 31133 the following:

[[Page S1323]]

``Sec.  31134. Requirement for registration and USDOT number

``(a) In General.--Upon application, and subject to
subsections (b) and (c), the Secretary shall register an
employer or person subject to the safety jurisdiction of this
subchapter. An employer or person may operate a commercial
motor vehicle in interstate commerce only if the employer or
person is registered by the Secretary under this section and
receives a USDOT number. Nothing in this section shall
preclude registration by the Secretary of an employer or
person not engaged in interstate commerce. An employer or
person subject to jurisdiction under subchapter I of chapter
135 of this title shall apply for commercial registration
under section 13902 of this title.
``(b) Withholding Registration.--The Secretary may withhold
registration under subsection (a), after notice and an
opportunity for a proceeding, if the Secretary determines
that--
``(1) the employer or person seeking registration is
unwilling or unable to comply with the requirements of this
subchapter and the regulations prescribed thereunder and
chapter 51 and the regulations prescribed thereunder;
``(2) the employer or person is or was related through
common ownership, common management, common control, or
common familial relationship to any other person or applicant
for registration subject to this subchapter who is or was
unfit, unwilling, or unable to comply with the requirements
listed in subsection (b)(1); or
``(3) the person is the successor, as defined in section
31153, to a person who is or was unfit, unwilling, or unable
to comply with the requirements listed in subsection (b)(1).
``(c) Revocation or Suspension of Registration.--The
Secretary shall revoke the registration of an employer or
person under subsection (a) after notice and an opportunity
for a proceeding, or suspend the registration after giving
notice of the suspension to the employer or person, if the
Secretary determines that--
``(1) the employer's or person's authority to operate
pursuant to chapter 139 of this title would be subject to
revocation or suspension under sections 13905(d)(1) or
13905(f) of this title;
``(2) the employer or person is or was related through
common ownership, common management, common control, or
common familial relationship to any other person or applicant
for registration subject to this subchapter that the
Secretary determines is or was unfit, unwilling, or unable to
comply with the requirements listed in subsection (b)(1);
``(3) the person is the successor, as defined in section
31153, to a person the Secretary determines is or was unfit,
unwilling, or unable to comply with the requirements listed
in subsection (b)(1); or
``(4) the employer or person failed or refused to submit to
the safety review required by section 31144(g) of this title.
``(d) Periodic Registration Update.--The Secretary may
require an employer to update a registration under this
section periodically or not later than 30 days after a change
in the employer's address, other contact information,
officers, process agent, or other essential information, as
determined by the Secretary.''.
(b) Conforming Amendment.--The analysis of chapter 311 is
amended by inserting after the item relating to section 31133
the following:

``31134. Requirement for registration and USDOT number.''.

SEC. 32106. REGISTRATION FEE SYSTEM.

Section 13908(d)(1) is amended by striking ``but shall not
exceed $300''.

SEC. 32107. REGISTRATION UPDATE.

(a) Periodic Motor Carrier Update.--Section 13902 is
amended by adding at the end the following:
``(h) Update of Registration.--The Secretary may require a
registrant to update its registration under this section
periodically or not later than 30 days after a change in the
registrant's address, other contact information, officers,
process agent, or other essential information, as determined
by the Secretary.''.
(b) Periodic Freight Forwarder Update.--Section 13903 is
amended by adding at the end the following:
``(c) Update of Registration.--The Secretary may require a
freight forwarder to update its registration under this
section periodically or not later than 30 days after a change
in the freight forwarder's address, other contact
information, officers, process agent, or other essential
information, as determined by the Secretary.''.
(c) Periodic Broker Update.--Section 13904 is amended by
adding at the end the following:
``(e) Update of Registration.--The Secretary may require a
broker to update its registration under this section
periodically or not later than 30 days after a change in the
broker's address, other contact information, officers,
process agent, or other essential information, as determined
by the Secretary.''.

SEC. 32108. INCREASED PENALTIES FOR OPERATING WITHOUT
REGISTRATION.

(a) Penalties.--Section 14901(a) is amended--
(1) by striking ``$500'' and inserting ``$1,000'';
(2) by striking ``who is not registered under this part to
provide transportation of passengers,'';
(3) by striking ``with respect to providing transportation
of passengers,'' and inserting ``or section 13902(c) of this
title,''; and
(4) by striking ``$2,000 for each violation and each
additional day the violation continues'' and inserting
``$10,000 for each violation, or $25,000 for each violation
relating to providing transportation of passengers''.
(b) Transportation of Hazardous Wastes.--Section 14901(b)
is amended by striking ``not to exceed $20,000'' and
inserting ``not less than $25,000''.

SEC. 32109. REVOCATION OF REGISTRATION FOR IMMINENT HAZARD.

Section 13905(f)(2) is amended to read as follows:
``(2) Imminent hazard to public health.--Notwithstanding
subchapter II of chapter 5 of title 5, the Secretary shall
revoke the registration of a motor carrier if the Secretary
finds that the carrier is or was conducting unsafe operations
that are or were an imminent hazard to public health or
property.''.

SEC. 32110. REVOCATION OF REGISTRATION AND OTHER PENALTIES
FOR FAILURE TO RESPOND TO SUBPOENA.

Section 525 is amended--
(1) by striking ``subpenas'' in the section heading and
inserting ``subpoenas'';
(2) by striking ``subpena'' and inserting ``subpoena'';
(3) by striking ``$100'' and inserting ``$1,000'';
(4) by striking ``$5,000'' and inserting ``$10,000''; and
(5) by adding at the end the following:
``The Secretary may withhold, suspend, amend, or revoke any
part of the registration of a person required to register
under chapter 139 for failing to obey a subpoena or
requirement of the Secretary under this chapter to appear and
testify or produce records.''.

SEC. 32111. FLEETWIDE OUT OF SERVICE ORDER FOR OPERATING
WITHOUT REQUIRED REGISTRATION.

Section 13902(e)(1) is amended--
(1) by striking ``motor vehicle'' and inserting ``motor
carrier'' after ``the Secretary determines that a''; and
(2) by striking ``order the vehicle'' and inserting ``order
the motor carrier operations'' after ``the Secretary may''.

SEC. 32112. MOTOR CARRIER AND OFFICER PATTERNS OF SAFETY
VIOLATIONS.

Section 31135 is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Noncompliance.--
``(1) Motor carriers.--Two or more motor carriers,
employers, or persons shall not use common ownership, common
management, common control, or common familial relationship
to enable any or all such motor carriers, employers, or
persons to avoid compliance, or mask or otherwise conceal
non-compliance, or a history of non-compliance, with
regulations prescribed under this subchapter or an order of
the Secretary issued under this subchapter.
``(2) Pattern.--If the Secretary finds that a motor
carrier, employer, or person engaged in a pattern or practice
of avoiding compliance, or masking or otherwise concealing
noncompliance, with regulations prescribed under this
subchapter, the Secretary--
``(A) may withhold, suspend, amend, or revoke any part of
the motor carrier's, employer's, or person's registration in
accordance with section 13905 or 31134; and
``(B) shall take into account such non-compliance for
purposes of determining civil penalty amounts under section
521(b)(2)(D).
``(3) Officers.--If the Secretary finds, after notice and
an opportunity for proceeding, that an officer of a motor
carrier, employer, or owner or operator engaged in a pattern
or practice of violating regulations prescribed under this
subchapter, or assisted a motor carrier, employer, or owner
or operator in avoiding compliance, or masking or otherwise
concealing noncompliance, the Secretary may impose
appropriate sanctions, subject to the limitations in
paragraph (4), including--
``(A) suspension or revocation of registration granted to
the officer individually under section 13902 or 31134;
``(B) temporary or permanent suspension or bar from
association with any motor carrier, employer, or owner or
operator registered under section 13902 or 31134; or
``(C) any appropriate sanction approved by the Secretary.
``(4) Limitations.--The sanctions described in
subparagraphs (A) through (C) of subsection (b)(3) shall
apply to--
``(A) intentional or knowing conduct, including reckless
conduct that violates applicable laws (including
regulations); and
``(B) repeated instances of negligent conduct that violates
applicable laws (including regulations).''; and
(2) by striking subsection (c) and inserting the following:
``(c) Avoiding Compliance.--For purposes of this section,
`avoiding compliance' or `masking or otherwise concealing
noncompliance' includes serving as an officer or otherwise
exercising controlling influence over 2 or more motor
carriers where--
``(1) one of the carriers was placed out of service, or
received notice from the Secretary that it will be placed out
of service, following--
``(A) a determination of unfitness under section 31144(b);
``(B) a suspension or revocation of registration under
section 13902, 13905, or 31144(g);

[[Page S1324]]

``(C) issuance of an imminent hazard out of service order
under section 521(b)(5) or section 5121(d); or
``(D) notice of failure to pay a civil penalty or abide by
a penalty payment plan; and
``(2) one or more of the carriers is the `successor,' as
that term is defined in section 31153, to the carrier that is
the subject of the action in paragraph (1).''.

SEC. 32113. FEDERAL SUCCESSOR STANDARD.

(a) In General.--Chapter 311 is amended by adding after
section 31152, as added by section 32508 of this Act, the
following:

``Sec.  31153. Federal successor standard

``(a) Federal Successor Standard.--Notwithstanding any
other provision of Federal or State law, the Secretary may
take an action authorized under chapters 5, 51, 131 through
149, subchapter III of chapter 311 (except sections 31138 and
31139), or sections 31302, 31303, 31304, 31305(b),
31310(g)(1)(A), or 31502 of this title, or a regulation
issued under any of those provisions, against a successor of
a motor carrier (as defined in section 13102), a successor of
an employer (as defined in section 31132), or a successor of
an owner or operator (as that term is used in subchapter III
of chapter 311), to the same extent and on the same basis as
the Secretary may take the action against the motor carrier,
employer, or owner or operator.
``(b) Successor Defined.--For purposes of this section, the
term `successor' means a motor carrier, employer, or owner or
operator that the Secretary determines, after notice and an
opportunity for a proceeding, has 1 or more features that
correspond closely with the features of another existing or
former motor carrier, employer, or owner or operator, such
as--
``(1) consideration paid for assets purchased or
transferred;
``(2) dates of corporate creation and dissolution or
termination of operations;
``(3) commonality of ownership;
``(4) commonality of officers and management personnel and
their functions;
``(5) commonality of drivers and other employees;
``(6) identity of physical or mailing addresses, telephone,
fax numbers, or e-mail addresses;
``(7) identity of motor vehicle equipment;
``(8) continuity of liability insurance policies;
``(9) commonality of coverage under liability insurance
policies;
``(10) continuation of carrier facilities and other
physical assets;
``(11) continuity of the nature and scope of operations,
including customers;
``(12) commonality of the nature and scope of operations,
including customers;
``(13) advertising, corporate name, or other acts through
which the motor carrier, employer, or owner or operator holds
itself out to the public;
``(14) history of safety violations and pending orders or
enforcement actions of the Secretary; and
``(15) additional factors that the Secretary considers
appropriate.
``(c) Effective Date.--Notwithstanding any other provision
of law, this section shall apply to any action commenced on
or after the date of enactment of the Commercial Motor
Vehicle Safety Enhancement Act of 2012 without regard to
whether the violation that is the subject of the action, or
the conduct that caused the violation, occurred before the
date of enactment.
``(d) Rights Not Affected.--Nothing in this section shall
affect the rights, functions, or responsibilities under law
of any other Department, Agency, or instrumentality of the
United States, the laws of any State, or any rights between a
private party and a motor carrier, employer, or owner or
operator.''.
(b) Conforming Amendment.--The analysis of chapter 311 is
amended by inserting after the item related to section 31152,
as added by section 32508 of this Act, the following:

``31153. Federal successor standard.''.

Subtitle B--Commercial Motor Vehicle Safety

SEC. 32201. REPEAL OF COMMERCIAL JURISDICTION EXCEPTION FOR
BROKERS OF MOTOR CARRIERS OF PASSENGERS.

(a) In General.--Section 13506(a) is amended--
(1) by inserting ``or'' at the end of paragraph (13);
(2) by striking paragraph (14); and
(3) by redesignating paragraph (15) as paragraph (14).
(b) Conforming Amendment.--Section 13904(a) is amended by
striking ``of property'' in the first sentence.

SEC. 32202. BUS RENTALS AND DEFINITION OF EMPLOYER.

Paragraph (3) of section 31132 is amended to read as
follows:
``(3) `employer'--
``(A) means a person engaged in a business affecting
interstate commerce that--
``(i) owns or leases a commercial motor vehicle in
connection with that business, or assigns an employee to
operate the commercial motor vehicle; or
``(ii) offers for rent or lease a motor vehicle designed or
used to transport more than 8 passengers, including the
driver, and from the same location or as part of the same
business provides names or contact information of drivers, or
holds itself out to the public as a charter bus company; but
``(B) does not include the Government, a State, or a
political subdivision of a State.''.

SEC. 32203. CRASHWORTHINESS STANDARDS.

(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall conduct a
comprehensive analysis on the need for crashworthiness
standards on property-carrying commercial motor vehicles with
a gross vehicle weight rating or gross vehicle weight of at
least 26,001 pounds involved in interstate commerce,
including an evaluation of the need for roof strength, pillar
strength, air bags, and frontal and back wall standards.
(b) Report.--Not later than 90 days after completing the
comprehensive analysis under subsection (a), the Secretary
shall report the results of the analysis and any
recommendations to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.

SEC. 32204. CANADIAN SAFETY RATING RECIPROCITY.

Section 31144 is amended by adding at the end the
following:
``(h) Recognition of Canadian Motor Carrier Safety Fitness
Determinations.--
``(1) If an authorized agency of the Canadian federal
government or a Canadian Territorial or Provincial government
determines, by applying the procedure and standards
prescribed by the Secretary under subsection (b) or pursuant
to an agreement under paragraph (2), that a Canadian employer
is unfit and prohibits the employer from operating a
commercial motor vehicle in Canada or any Canadian Province,
the Secretary may prohibit the employer from operating such
vehicle in interstate and foreign commerce until the
authorized Canadian agency determines that the employer is
fit.
``(2) The Secretary may consult and participate in
negotiations with authorized officials of the Canadian
federal government or a Canadian Territorial or Provincial
government, as necessary, to provide reciprocal recognition
of each country's motor carrier safety fitness
determinations. An agreement shall provide, to the maximum
extent practicable, that each country will follow the
procedure and standards prescribed by the Secretary under
subsection (b) in making motor carrier safety fitness
determinations.''.

SEC. 32205. STATE REPORTING OF FOREIGN COMMERCIAL DRIVER
CONVICTIONS.

(a) Definition of Foreign Commercial Driver.--Section 31301
is amended--
(1) by redesignating paragraphs (10) through (14) as
paragraphs (11) through (15), respectively; and
(2) by inserting after paragraph (9) the following:
``(10) `foreign commercial driver' means an individual
licensed to operate a commercial motor vehicle by an
authority outside the United States, or a citizen of a
foreign country who operates a commercial motor vehicle in
the United States.''.
(b) State Reporting of Convictions.--Section 31311(a) is
amended by adding after paragraph (21) the following:
``(22) The State shall report a conviction of a foreign
commercial driver by that State to the Federal Convictions
and Withdrawal Database, or another information system
designated by the Secretary to record the convictions. A
report shall include--
``(A) for a driver holding a foreign commercial driver's
license--
``(i) each conviction relating to the operation of a
commercial motor vehicle; and
``(ii) a non-commercial motor vehicle; and
``(B) for an unlicensed driver or a driver holding a
foreign non-commercial driver's license, each conviction for
operating a commercial motor vehicle.''.

SEC. 32206. AUTHORITY TO DISQUALIFY FOREIGN COMMERCIAL
DRIVERS.

Section 31310 is amended by adding at the end the
following:
``(k) Foreign Commercial Drivers.--A foreign commercial
driver shall be subject to disqualification under this
section.''.

SEC. 32207. REVOCATION OF FOREIGN MOTOR CARRIER OPERATING
AUTHORITY FOR FAILURE TO PAY CIVIL PENALTIES.

Section 13905(d)(2), as amended by section 32103(a) of this
Act, is amended by inserting ``foreign motor carrier, foreign
motor private carrier,'' after ``registration of a motor
carrier,'' each place it appears.

Subtitle C--Driver Safety

SEC. 32301. ELECTRONIC ON-BOARD RECORDING DEVICES.

(a) General Authority.--Section 31137 is amended--
(1) by amending the section heading to read as follows:

``Sec.  31137. Electronic on-board recording devices and
brake maintenance regulations'';

(2) by redesignating subsection (b) as subsection (e); and
(3) by amending (a) to read as follows:
``(a) Electronic On-Board Recording Devices.--Not later
than 1 year after the date of enactment of the Commercial
Motor Vehicle Safety Enhancement Act of 2012, the Secretary
of Transportation shall prescribe regulations--
``(1) requiring a commercial motor vehicle involved in
interstate commerce and operated by a driver subject to the
hours of service and the record of duty status requirements
under part 395 of title 49, Code of Federal Regulations, be
equipped with an electronic on-board recording device to
improve compliance by an operator of a vehicle with hours of
service regulations prescribed by the Secretary; and

[[Page S1325]]

``(2) ensuring that an electronic on-board recording device
is not used to harass a vehicle operator.
``(b) Electronic On-Board Recording Device Requirements.--
``(1) In general.--The regulations prescribed under
subsection (a) shall--
``(A) require an electronic on-board recording device--
``(i) to accurately record commercial driver hours of
service;
``(ii) to record the location of a commercial motor
vehicle;
``(iii) to be tamper resistant; and
``(iv) to be integrally synchronized with an engine's
control module;
``(B) allow law enforcement to access the data contained in
the device during a roadside inspection; and
``(C) apply to a commercial motor vehicle beginning on the
date that is 2 years after the date that the regulations are
published as a final rule.
``(2) Performance and design standards.--The regulations
prescribed under subsection (a) shall establish performance
standards--
``(A) defining a standardized user interface to aid vehicle
operator compliance and law enforcement review;
``(B) establishing a secure process for standardized--
``(i) and unique vehicle operator identification;
``(ii) data access;
``(iii) data transfer for vehicle operators between motor
vehicles;
``(iv) data storage for a motor carrier; and
``(v) data transfer and transportability for law
enforcement officials;
``(C) establishing a standard security level for an
electronic on-board recording device and related components
to be tamper resistant by using a methodology endorsed by a
nationally recognized standards organization; and
``(D) identifying each driver subject to the hours of
service and record of duty status requirements under part 395
of title 49, Code of Federal Regulations.
``(c) Certification Criteria.--
``(1) In general.--The regulations prescribed by the
Secretary under this section shall establish the criteria and
a process for the certification of an electronic on-board
recording device to ensure that the device meets the
performance requirements under this section.
``(2) Effect of noncertification.--An electronic on-board
recording device that is not certified in accordance with the
certification process referred to in paragraph (1) shall not
be acceptable evidence of hours of service and record of duty
status requirements under part 395 of title 49, Code of
Federal Regulations.
``(d) Electronic On-Board Recording Device Defined.--In
this section, the term `electronic on-board recording device'
means an electronic device that--
``(1) is capable of recording a driver's hours of service
and duty status accurately and automatically; and
``(2) meets the requirements established by the Secretary
through regulation.''.
(b) Civil Penalties.--Section 30165(a)(1) is amended by
striking ``or 30141 through 30147'' and inserting ``30141
through 30147, or 31137''.
(c) Conforming Amendment.--The analysis for chapter 311 is
amended by striking the item relating to section 31137 and
inserting the following:

``31137. Electronic on-board recording devices and brake maintenance
regulations.''.

SEC. 32302. SAFETY FITNESS.

(a) Safety Fitness Rating Methodology.--The Secretary
shall--
(1) incorporate into its Compliance, Safety, Accountability
program a safety fitness rating methodology that assigns
sufficient weight to adverse vehicle and driver performance
based-data that elevate crash risks to warrant an
unsatisfactory rating for a carrier; and
(2) ensure that the data to support such assessments is
accurate.
(b) Interim Measures.--Not later than March 31, 2012, the
Secretary shall take interim measures to implement a similar
safety fitness rating methodology in its current safety
rating system if the Compliance, Safety, Accountability
program is not fully implemented.

SEC. 32303. DRIVER MEDICAL QUALIFICATIONS.

(a) Deadline for Establishment of National Registry of
Medical Examiners.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a
national registry of medical examiners in accordance with
section 31149(d)(1) of title 49, United States Code.
(b) Examination Requirement for National Registry of
Medical Examiners.--Section 31149(c)(1)(D) is amended to read
as follows:
``(D) not later than 1 year after enactment of the
Commercial Motor Vehicle Safety Enhancement Act of 2012,
develop requirements for a medical examiner to be listed in
the national registry under this section, including--
``(i) the completion of specific courses and materials;
``(ii) certification, including self-certification, if the
Secretary determines that self-certification is necessary for
sufficient participation in the national registry, to verify
that a medical examiner completed specific training,
including refresher courses, that the Secretary determines
necessary to be listed in the national registry;
``(iii) an examination that requires a passing grade; and
``(iv) demonstration of a medical examiner's willingness to
meet the reporting requirements established by the
Secretary;''.
(c) Additional Oversight of Licensing Authorities.--
(1) In general.--Section 31149(c)(1) is amended--
(A) in subparagraph (E), by striking ``and'' after the
semicolon;
(B) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(G) annually review the implementation of commercial
driver's license requirements by not fewer than 10 States to
assess the accuracy, validity, and timeliness of--
``(i) the submission of physical examination reports and
medical certificates to State licensing agencies; and
``(ii) the processing of the submissions by State licensing
agencies.''.
(2) Internal oversight policy.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall establish an
oversight policy and procedure to carry out section
31149(c)(1)(G) of title 49, United States Code, as added by
section 32303(c)(1) of this Act.
(B) Effective date.--The amendments made by section
32303(c)(1) of this Act shall take effect on the date the
oversight policies and procedures are established pursuant to
subparagraph (A).
(d) Electronic Filing of Medical Examination
Certificates.--Section 31311(a), as amended by sections
32205(b) and 32306(b) of this Act, is amended by adding at
the end the following:
``(24) Not later than 1 year after the date of enactment of
the Commercial Motor Vehicle Safety Enhancement Act of 2012,
the State shall establish and maintain, as part of its driver
information system, the capability to receive an electronic
copy of a medical examiner's certificate, from a certified
medical examiner, for each holder of a commercial driver's
license issued by the State who operates or intends to
operate in interstate commerce.''.
(e) Funding.--
(1) Authorization of appropriations.--Of the funds provided
for Data and Technology Grants under section 31104(a) of
title 49, United States Code, there are authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) for the Secretary to make grants to States
or an organization representing agencies and officials of the
States to support development costs of the information
technology needed to carry out section 31311(a)(24) of title
49, United States Code, up to $1 million for fiscal year 2012
and up to $1 million for fiscal year 2013.
(2) Period of availability.--The amounts made available
under this subsection shall remain available until expended.

SEC. 32304. COMMERCIAL DRIVER'S LICENSE NOTIFICATION SYSTEM.

(a) In General.--Section 31304 is amended--
(1) by striking ``An employer'' and inserting the
following:
``(a) In General.--An employer''; and
(2) by adding at the end the following:
``(b) Driver Violation Records.--
``(1) Periodic review.--Except as provided in paragraph
(3), an employer shall ascertain the driving record of each
driver it employs--
``(A) by making an inquiry at least once every 12 months to
the appropriate State agency in which the driver held or
holds a commercial driver's license or permit during such
time period;
``(B) by receiving occurrence-based reports of changes in
the status of a driver's record from 1 or more driver record
notification systems that meet minimum standards issued by
the Secretary; or
``(C) by a combination of inquiries to States and reports
from driver record notification systems.
``(2) Record keeping.--A copy of the reports received under
paragraph (1) shall be maintained in the driver's
qualification file.
``(3) Exceptions to record review requirement.--Paragraph
(1) shall not apply to a driver employed by an employer who,
in any 7-day period, is employed or used as a driver by more
than 1 employer--
``(A) if the employer obtains the driver's identification
number, type, and issuing State of the driver's commercial
motor vehicle license; or
``(B) if the information described in subparagraph (A) is
furnished by another employer and the employer that regularly
employs the driver meets the other requirements under this
section.
``(4) Driver record notification system defined.--In this
section, the term `driver record notification system' means a
system that automatically furnishes an employer with a
report, generated by the appropriate agency of a State, on
the change in the status of an employee's driver's license
due to a conviction for a moving violation, a failure to
appear, an accident, driver's license suspension, driver's
license revocation, or any other action taken against the
driving privilege.''.
(b) Standards for Driver Record Notification Systems.--Not
later than 1 year after the date of enactment of this Act,
the Secretary shall issue minimum standards for driver
notification systems, including standards for the accuracy,
consistency, and completeness of the information provided.

[[Page S1326]]

(c) Plan for National Notification System.--
(1) Development.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop
recommendations and a plan for the development and
implementation of a national driver record notification
system, including--
(A) an assessment of the merits of achieving a national
system by expanding the Commercial Driver's License
Information System; and
(B) an estimate of the fees that an employer will be
charged to offset the operating costs of the national system.
(2) Submission to congress.--Not later than 90 days after
the recommendations and plan are developed under paragraph
(1), the Secretary shall submit a report on the
recommendations and plan to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives.

SEC. 32305. COMMERCIAL MOTOR VEHICLE OPERATOR TRAINING.

(a) In General.--Section 31305 is amended by adding at the
end the following:
``(c) Standards for Training.--Not later than 6 months
after the date of enactment of the Commercial Motor Vehicle
Safety Enhancement Act of 2012, the Secretary shall issue
final regulations establishing minimum entry-level training
requirements for an individual operating a commercial motor
vehicle--
``(1) addressing the knowledge and skills that--
``(A) are necessary for an individual operating a
commercial motor vehicle to safely operate a commercial motor
vehicle; and
``(B) must be acquired before obtaining a commercial
driver's license for the first time or upgrading from one
class of commercial driver's license to another class;
``(2) addressing the specific training needs of a
commercial motor vehicle operator seeking passenger or
hazardous materials endorsements, including for an operator
seeking a passenger endorsement training--
``(A) to suppress motorcoach fires; and
``(B) to evacuate passengers from motorcoaches safely;
``(3) requiring effective instruction to acquire the
knowledge, skills, and training referred to in paragraphs (1)
and (2), including classroom and behind-the-wheel
instruction;
``(4) requiring certification that an individual operating
a commercial motor vehicle meets the requirements established
by the Secretary; and
``(5) requiring a training provider (including a public or
private driving school, motor carrier, or owner or operator
of a commercial motor vehicle) that offers training that
results in the issuance of a certification to an individual
under paragraph (4) to demonstrate that the training meets
the requirements of the regulations, through a process
established by the Secretary.''.
(b) Commercial Driver's License Uniform Standards.--Section
31308(1) is amended to read as follows:
``(1) an individual issued a commercial driver's license--
``(A) pass written and driving tests for the operation of a
commercial motor vehicle that comply with the minimum
standards prescribed by the Secretary under section 31305(a);
and
``(B) present certification of completion of driver
training that meets the requirements established by the
Secretary under section 31305(c);''.
(c) Conforming Amendment.--The section heading for section
31305 is amended to read as follows:

``Sec.  31305. General driver fitness, testing, and
training''.

(d) Conforming Amendment.--The analysis for chapter 313 is
amended by striking the item relating to section 31305 and
inserting the following:

``31305. General driver fitness, testing, and training.''.

SEC. 32306. COMMERCIAL DRIVER'S LICENSE PROGRAM.

(a) In General.--Section 31309 is amended--
(1) in subsection (e)(4), by amending subparagraph (A) to
read as follows:
``(A) In general.--The plan shall specify--
``(i) a date by which all States shall be operating
commercial driver's license information systems that are
compatible with the modernized information system under this
section; and
``(ii) that States must use the systems to receive and
submit conviction and disqualification data.''; and
(2) in subsection (f), by striking ``use'' and inserting
``use, subject to section 31313(a),''.
(b) Requirements for State Participation.--Section 31311 is
amended--
(1) in subsection (a), as amended by section 32205(b) of
this Act--
(A) in paragraph (5), by striking ``At least'' and all that
follows through ``regulation),'' and inserting: ``Not later
than the time period prescribed by the Secretary by
regulation,''; and
(B) by adding at the end the following:
``(23) Not later than 1 year after the date of enactment of
the Commercial Motor Vehicle Safety Enhancement Act of 2012,
the State shall implement a system and practices for the
exclusive electronic exchange of driver history record
information on the system the Secretary maintains under
section 31309, including the posting of convictions,
withdrawals, and disqualifications.''; and
(2) by adding at the end the following:
``(d) Critical Requirements.--
``(1) Identification of critical requirements.--After
reviewing the requirements under subsection (a), including
the regulations issued pursuant to subsection (a) and section
31309(e)(4), the Secretary shall identify the requirements
that are critical to an effective State commercial driver's
license program.
``(2) Guidance.--Not later than 180 days after the date of
enactment of the Commercial Motor Vehicle Safety Enhancement
Act of 2012, the Secretary shall issue guidance to assist
States in complying with the critical requirements identified
under paragraph (1). The guidance shall include a description
of the actions that each State must take to collect and share
accurate and complete data in a timely manner.
``(e) State Commercial Driver's License Program Plan.--
``(1) In general.--Not later than 180 days after the
Secretary issues guidance under subsection (d)(2), a State
shall submit a plan to the Secretary for complying with the
requirements under this section during the period beginning
on the date the plan is submitted and ending on September 30,
2016.
``(2) Contents.--A plan submitted by a State under
paragraph (1) shall identify--
``(A) the actions that the State will take to comply with
the critical requirements identified under subsection (d)(1);
``(B) the actions that the State will take to address any
deficiencies in the State's commercial driver's license
program, as identified by the Secretary in the most recent
audit of the program; and
``(C) other actions that the State will take to comply with
the requirements under subsection (a).
``(3) Priority.--
``(A) Implementation schedule.--A plan submitted by a State
under paragraph (1) shall include a schedule for the
implementation of the actions identified under paragraph (2).
In establishing the schedule, the State shall prioritize the
actions identified under paragraphs (2)(A) and (2)(B).
``(B) Deadline for compliance with critical requirements.--
A plan submitted by a State under paragraph (1) shall include
assurances that the State will take the necessary actions to
comply with the critical requirements pursuant to subsection
(d) not later than September 30, 2015.
``(4) Approval and disapproval.--The Secretary shall--
``(A) review each plan submitted under paragraph (1);
``(B) approve a plan that the Secretary determines meets
the requirements under this subsection and promotes the goals
of this chapter; and
``(C) disapprove a plan that the Secretary determines does
not meet the requirements or does not promote the goals.
``(5) Modification of disapproved plans.--If the Secretary
disapproves a plan under paragraph (4)(C), the Secretary
shall--
``(A) provide a written explanation of the disapproval to
the State; and
``(B) allow the State to modify the plan and resubmit it
for approval.
``(6) Plan updates.--The Secretary may require a State to
review and update a plan, as appropriate.
``(f) Annual Comparison of State Levels of Compliance.--The
Secretary shall annually--
``(1) compare the relative levels of compliance by States
with the requirements under subsection (a); and
``(2) make the results of the comparison available to the
public.''.
(c) Decertification Authority.--Section 31312 is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Deadline for Compliance With Critical Requirements.--
Beginning on October 1, 2016, in making a determination under
subsection (a), the Secretary shall consider a State to be in
substantial noncompliance with this chapter if the Secretary
determines that--
``(1) the State is not complying with a critical
requirement under section 31311(d)(1); and
``(2) sufficient grant funding was made available to the
State under section 31313(a) to comply with the
requirement.''.

SEC. 32307. COMMERCIAL DRIVER'S LICENSE REQUIREMENTS.

(a) Licensing Standards.--Section 31305(a)(7) is amended by
inserting ``would not be subject to a disqualification under
section 31310(g) of this title and'' after ``taking the
tests''.
(b) Disqualifications.--Section 31310(g)(1) is amended by
deleting ``who holds a commercial driver's license and''.

SEC. 32308. COMMERCIAL MOTOR VEHICLE DRIVER INFORMATION
SYSTEMS.

Section 31106(c) is amended--
(1) by striking the subsection heading and inserting ``(1)
In general.--'';
(2) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D); and
(3) by adding at the end the following:
``(2) Access to records.--The Secretary may require a
State, as a condition of an award of grant money under this
section, to provide the Secretary access to all State
licensing status and driver history records via an electronic
information system, subject to section 2721 of title 18.''.

[[Page S1327]]

SEC. 32309. DISQUALIFICATIONS BASED ON NON-COMMERCIAL MOTOR
VEHICLE OPERATIONS.

(a) First Offense.--Section 31310(b)(1)(D) is amended by
deleting ``commercial'' after ``revoked, suspended, or
canceled based on the individual's operation of a,'' and
before ``motor vehicle''.
(b) Second Offense.--Section 31310(c)(1)(D) is amended by
deleting ``commercial'' after ``revoked, suspended, or
canceled based on the individual's operation of a,'' and
before ``motor vehicle''.

SEC. 32310. FEDERAL DRIVER DISQUALIFICATIONS.

(a) Disqualification Defined.--Section 31301, as amended by
section 32205 of this Act, is amended--
(1) by redesignating paragraphs (6) through (15) as
paragraphs (7) through (16), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) `Disqualification' means--
``(A) the suspension, revocation, or cancellation of a
commercial driver's license by the State of issuance;
``(B) a withdrawal of an individual's privilege to drive a
commercial motor vehicle by a State or other jurisdiction as
the result of a violation of State or local law relating to
motor vehicle traffic control, except for a parking, vehicle
weight, or vehicle defect violation;
``(C) a determination by the Secretary that an individual
is not qualified to operate a commercial motor vehicle; or
``(D) a determination by the Secretary that a commercial
motor vehicle driver is unfit under section 31144(g).''.
(b) Commercial Driver's License Information System
Contents.--Section 31309(b)(1)(F) is amended by inserting
after ``disqualified'' the following: ``by the State that
issued the individual a commercial driver's license, or by
the Secretary,''.
(c) State Action on Federal Disqualification.--Section
31310(h) is amended by inserting after the first sentence the
following:
``If the State has not disqualified the individual from
operating a commercial vehicle under subsections (b) through
(g), the State shall disqualify the individual if the
Secretary determines under section 31144(g) that the
individual is disqualified from operating a commercial motor
vehicle.''.

SEC. 32311. EMPLOYER RESPONSIBILITIES.

Section 31304, as amended by section 32304 of this Act, is
amended in subsection (a)--
(1) by striking ``knowingly''; and
(2) by striking ``in which'' and inserting ``that the
employer knows or should reasonably know that''.

SEC. 32312. IMPROVING AND EXPEDITING SAFETY ASSESSMENTS IN
THE COMMERCIAL DRIVER'S LICENSE APPLICATION
PROCESS FOR MEMBERS AND FORMER MEMBERS OF THE
ARMED FORCES.

(a) Study.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary, in coordination
with the Secretary of Defense, and in consultation with the
States and other relevant stakeholders, shall commence a
study to assess Federal and State regulatory, economic, and
administrative challenges faced by members and former members
of the Armed Forces, who received safety training and
operated qualifying motor vehicles during their service, in
obtaining commercial driver's licenses (as defined in section
31301(3) of title 49, United States Code).
(2) Requirements.--The study under this subsection shall--
(A) identify written and behind-the-wheel safety training,
qualification standards, knowledge and skills tests, or other
operating experience members of the Armed Forces must meet
that satisfy the minimum standards prescribed by the
Secretary of Transportation for the operation of commercial
motor vehicles under section 31305 of title 49, United States
Code;
(B) compare the alcohol and controlled substances testing
requirements for members of the Armed Forces with those
required for holders of a commercial driver's license;
(C) evaluate the cause of delays in reviewing applications
for commercial driver's licenses of members and former
members of the Armed Forces;
(D) identify duplicative application costs;
(E) identify residency, domicile, training and testing
requirements, and other safety or health assessments that
affect or delay the issuance of commercial driver's licenses
to members and former members of the Armed Forces; and
(F) include other factors that the Secretary determines to
be appropriate to meet the requirements of the study.
(b) Report.--
(1) In general.--Not later than 180 days after the
commencement of the study under subsection (a), the Secretary
shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Financial Services of the House of Representatives that
contains the findings and recommendations from the study.
(2) Elements.--The report under paragraph (1) shall
include--
(A) findings related to the study requirements under
subsection (a)(2);
(B) recommendations for the Federal and State legislative,
regulatory, and administrative actions necessary to address
challenges identified in subparagraph (A); and
(C) a plan to implement the recommendations for which the
Secretary has authority.
(c) Implementation.--Upon the completion of the report
under subsection (b), the Secretary shall implement the plan
described in subsection (b)(2)(C).

Subtitle D--Safe Roads Act of 2012

SEC. 32401. SHORT TITLE.

This subtitle may be cited as the ``Safe Roads Act of
2012''.

SEC. 32402. NATIONAL CLEARINGHOUSE FOR CONTROLLED SUBSTANCE
AND ALCOHOL TEST RESULTS OF COMMERCIAL MOTOR
VEHICLE OPERATORS.

(a) In General.--Chapter 313 is amended--
(1) in section 31306(a), by inserting ``and section
31306a'' after ``this section''; and
(2) by inserting after section 31306 the following:

``Sec.  31306a. National clearinghouse for controlled
substance and alcohol test results of commercial motor
vehicle operators

``(a) Establishment.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Safe Roads Act of 2012, the Secretary of
Transportation shall establish a national clearinghouse for
records relating to alcohol and controlled substances testing
of commercial motor vehicle operators.
``(2) Purposes.--The purposes of the clearinghouse shall
be--
``(A) to improve compliance with the Department of
Transportation's alcohol and controlled substances testing
program applicable to commercial motor vehicle operators;
``(B) to facilitate access to information about an
individual before employing the individual as a commercial
motor vehicle operator;
``(C) to enhance the safety of our United States roadways
by reducing accident fatalities involving commercial motor
vehicles; and
``(D) to reduce the number of impaired commercial motor
vehicle operators.
``(3) Contents.--The clearinghouse shall function as a
repository for records relating to the positive test results
and test refusals of commercial motor vehicle operators and
violations by such operators of prohibitions set forth in
subpart B of part 382 of title 49, Code of Federal
Regulations (or any subsequent corresponding regulations).
``(4) Electronic exchange of records.--The Secretary shall
ensure that records can be electronically submitted to, and
requested from, the clearinghouse by authorized users.
``(5) Authorized operator.--The Secretary may authorize a
qualified and experienced private entity to operate and
maintain the clearinghouse and to collect fees on behalf of
the Secretary under subsection (e). The entity shall
establish, operate, maintain and expand the clearinghouse and
permit access to driver information and records from the
clearinghouse in accordance with this section.
``(b) Design of Clearinghouse.--
``(1) Use of federal motor carrier safety administration
recommendations.--In establishing the clearinghouse, the
Secretary shall consider--
``(A) the findings and recommendations contained in the
Federal Motor Carrier Safety Administration's March 2004
report to Congress required under section 226 of the Motor
Carrier Safety Improvement Act of 1999 (49 U.S.C. 31306
note); and
``(B) the findings and recommendations contained in the
Government Accountability Office's May 2008 report to
Congress entitled `Motor Carrier Safety: Improvements to Drug
Testing Programs Could Better Identify Illegal Drug Users and
Keep Them off the Road.'.
``(2) Development of secure processes.--In establishing the
clearinghouse, the Secretary shall develop a secure process
for--
``(A) administering and managing the clearinghouse in
compliance with applicable Federal security standards;
``(B) registering and authenticating authorized users of
the clearinghouse;
``(C) registering and authenticating persons required to
report to the clearinghouse under subsection (g);
``(D) preventing the unauthorized access of information
from the clearinghouse;
``(E) storing and transmitting data;
``(F) persons required to report to the clearinghouse under
subsection (g) to timely and accurately submit electronic
data to the clearinghouse;
``(G) generating timely and accurate reports from the
clearinghouse in response to requests for information by
authorized users; and
``(H) updating an individual's record upon completion of
the return-to-duty process described in title 49, Code of
Federal Regulations.
``(3) Employer alert of positive test result.--In
establishing the clearinghouse, the Secretary shall develop a
secure method for electronically notifying an employer of
each additional positive test result or other noncompliance--
``(A) for an employee, that is entered into the
clearinghouse during the 7-day period immediately following
an employer's inquiry about the employee; and
``(B) for an employee who is listed as having multiple
employers.
``(4) Archive capability.--In establishing the
clearinghouse, the Secretary shall develop a process for
archiving all clearinghouse records, including the depositing
of personal records, records relating to each individual in
the database, and access requests for personal records, for
the purposes of--

[[Page S1328]]

``(A) auditing and evaluating the timeliness, accuracy, and
completeness of data in the clearinghouse; and
``(B) auditing to monitor compliance and enforce penalties
for noncompliance.
``(5) Future needs.--
``(A) Interoperability with other data systems.--In
establishing the clearinghouse, the Secretary shall
consider--
``(i) the existing data systems containing regulatory and
safety data for commercial motor vehicle operators;
``(ii) the efficacy of using or combining clearinghouse
data with 1 or more of such systems; and
``(iii) the potential interoperability of the clearinghouse
with such systems.
``(B) Specific considerations.--In carrying out
subparagraph (A), the Secretary shall determine--
``(i) the clearinghouse's capability for interoperability
with--

``(I) the National Driver Register established under
section 30302;
``(II) the Commercial Driver's License Information System
established under section 31309;
``(III) the Motor Carrier Management Information System for
preemployment screening services under section 31150; and
``(IV) other data systems, as appropriate; and

``(ii) any change to the administration of the current
testing program, such as forms, that is necessary to collect
data for the clearinghouse.
``(c) Standard Formats.--The Secretary shall develop
standard formats to be used--
``(1) by an authorized user of the clearinghouse to--
``(A) request a record from the clearinghouse; and
``(B) obtain the consent of an individual who is the
subject of a request from the clearinghouse, if applicable;
and
``(2) to notify an individual that a positive alcohol or
controlled substances test result, refusing to test, and a
violation of any of the prohibitions under subpart B of part
382 of title 49, Code of Federal Regulations (or any
subsequent corresponding regulations), will be reported to
the clearinghouse.
``(d) Privacy.--A release of information from the
clearinghouse shall--
``(1) comply with applicable Federal privacy laws,
including the fair information practices under the Privacy
Act of 1974 (5 U.S.C. 552a);
``(2) comply with applicable sections of the Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.); and
``(3) not be made to any person or entity unless expressly
authorized or required by law.
``(e) Fees.--
``(1) Authority to collect fees.--Except as provided under
paragraph (3), the Secretary may collect a reasonable,
customary, and nominal fee from an authorized user of the
clearinghouse for a request for information from the
clearinghouse.
``(2) Use of fees.--Fees collected under this subsection
shall be used for the operation and maintenance of the
clearinghouse.
``(3) Limitation.--The Secretary may not collect a fee from
an individual requesting information from the clearinghouse
that pertains to the record of that individual.
``(f) Employer Requirements.--
``(1) Determination concerning use of clearinghouse.--The
Secretary shall determine if an employer is authorized to use
the clearinghouse to meet the alcohol and controlled
substances testing requirements under title 49, Code of
Federal Regulations.
``(2) Applicability of existing requirements.--Each
employer and service agent shall comply with the alcohol and
controlled substances testing requirements under title 49,
Code of Federal Regulations.
``(3) Employment prohibitions.--Beginning 30 days after the
date that the clearinghouse is established under subsection
(a), an employer shall not hire an individual to operate a
commercial motor vehicle unless the employer determines that
the individual, during the preceding 3-year period--
``(A) if tested for the use of alcohol and controlled
substances, as required under title 49, Code of Federal
Regulations--
``(i) did not test positive for the use of alcohol or
controlled substances in violation of the regulations; or
``(ii) tested positive for the use of alcohol or controlled
substances and completed the required return-to-duty process
under title 49, Code of Federal Regulations;
``(B)(i) did not refuse to take an alcohol or controlled
substance test under title 49, Code of Federal Regulations;
or
``(ii) refused to take an alcohol or controlled substance
test and completed the required return-to-duty process under
title 49, Code of Federal Regulations; and
``(C) did not violate any other provision of subpart B of
part 382 of title 49, Code of Federal Regulations (or any
subsequent corresponding regulations).
``(4) Annual review.--Beginning 30 days after the date that
the clearinghouse is established under subsection (a), an
employer shall request and review a commercial motor vehicle
operator's record from the clearinghouse annually for as long
as the commercial motor vehicle operator is under the employ
of the employer.
``(g) Reporting of Records.--
``(1) In general.--Beginning 30 days after the date that
the clearinghouse is established under subsection (a), a
medical review officer, employer, service agent, and other
appropriate person, as determined by the Secretary, shall
promptly submit to the Secretary any record generated after
the clearinghouse is initiated of an individual who--
``(A) refuses to take an alcohol or controlled substances
test required under title 49, Code of Federal Regulations;
``(B) tests positive for alcohol or a controlled substance
in violation of the regulations; or
``(C) violates any other provision of subpart B of part 382
of title 49, Code of Federal Regulations (or any subsequent
corresponding regulations).
``(2) Inclusion of records in clearinghouse.--The Secretary
shall include in the clearinghouse the records of positive
test results and test refusals received under paragraph (1).
``(3) Modifications and deletions.--If the Secretary
determines that a record contained in the clearinghouse is
not accurate, the Secretary shall modify or delete the
record, as appropriate.
``(4) Notification.--The Secretary shall expeditiously
notify an individual, unless such notification would be
duplicative, when--
``(A) a record relating to the individual is received by
the clearinghouse;
``(B) a record in the clearinghouse relating to the
individual is modified or deleted, and include in the
notification the reason for the modification or deletion; or
``(C) a record in the clearinghouse relating to the
individual is released to an employer and specify the reason
for the release.
``(5) Data quality and security standards for reporting and
releasing.--The Secretary may establish additional
requirements, as appropriate, to ensure that--
``(A) the submission of records to the clearinghouse is
timely and accurate;
``(B) the release of data from the clearinghouse is timely,
accurate, and released to the appropriate authorized user
under this section; and
``(C) an individual with a record in the clearinghouse has
a cause of action for any inappropriate use of information
included in the clearinghouse.
``(6) Retention of records.--The Secretary shall--
``(A) retain a record submitted to the clearinghouse for a
5-year period beginning on the date the record is submitted;
``(B) remove the record from the clearinghouse at the end
of the 5-year period, unless the individual fails to meet a
return-to-duty or follow-up requirement under title 49, Code
of Federal Regulations; and
``(C) retain a record after the end of the 5-year period in
a separate location for archiving and auditing purposes.
``(h) Authorized Users.--
``(1) Employers.--The Secretary shall establish a process
for an employer to request and receive an individual's record
from the clearinghouse.
``(A) Consent.--An employer may not access an individual's
record from the clearinghouse unless the employer--
``(i) obtains the prior written or electronic consent of
the individual for access to the record; and
``(ii) submits proof of the individual's consent to the
Secretary.
``(B) Access to records.--After receiving a request from an
employer for an individual's record under subparagraph (A),
the Secretary shall grant access to the individual's record
to the employer as expeditiously as practicable.
``(C) Retention of record requests.--The Secretary shall
require an employer to retain for a 3-year period--
``(i) a record of each request made by the employer for
records from the clearinghouse; and
``(ii) the information received pursuant to the request.
``(D) Use of records.--An employer may use an individual's
record received from the clearinghouse only to assess and
evaluate the qualifications of the individual to operate a
commercial motor vehicle for the employer.
``(E) Protection of privacy of individuals.--An employer
that receives an individual's record from the clearinghouse
under subparagraph (B) shall--
``(i) protect the privacy of the individual and the
confidentiality of the record; and
``(ii) ensure that information contained in the record is
not divulged to a person or entity that is not directly
involved in assessing and evaluating the qualifications of
the individual to operate a commercial motor vehicle for the
employer.
``(2) State licensing authorities.--The Secretary shall
establish a process for the chief commercial driver's
licensing official of a State to request and receive an
individual's record from the clearinghouse if the individual
is applying for a commercial driver's license from the State.
``(A) Consent.--The Secretary may grant access to an
individual's record in the clearinghouse under this paragraph
without the prior written or electronic consent of the
individual. An individual who holds a commercial driver's
license shall be deemed to consent to such access by
obtaining a commercial driver's license.
``(B) Protection of privacy of individuals.--A chief
commercial driver's licensing official of a State that
receives an individual's record from the clearinghouse under
this paragraph shall--
``(i) protect the privacy of the individual and the
confidentiality of the record; and
``(ii) ensure that the information in the record is not
divulged to any person that is

[[Page S1329]]

not directly involved in assessing and evaluating the
qualifications of the individual to operate a commercial
motor vehicle.
``(3) National transportation safety board.--The Secretary
shall establish a process for the National Transportation
Safety Board to request and receive an individual's record
from the clearinghouse if the individual is involved in an
accident that is under investigation by the National
Transportation Safety Board.
``(A) Consent.--The Secretary may grant access to an
individual's record in the clearinghouse under this paragraph
without the prior written or electronic consent of the
individual. An individual who holds a commercial driver's
license shall be deemed to consent to such access by
obtaining a commercial driver's license.
``(B) Protection of privacy of individuals.--An official of
the National Transportation Safety Board that receives an
individual's record from the clearinghouse under this
paragraph shall--
``(i) protect the privacy of the individual and the
confidentiality of the record; and
``(ii) unless the official determines that the information
in the individual's record should be reported under section
1131(e), ensure that the information in the record is not
divulged to any person that is not directly involved with
investigating the accident.
``(4) Additional authorized users.--The Secretary shall
consider whether to grant access to the clearinghouse to
additional users. The Secretary may authorize access to an
individual's record from the clearinghouse to an additional
user if the Secretary determines that granting access will
further the purposes under subsection (a)(2). In determining
whether the access will further the purposes under subsection
(a)(2), the Secretary shall consider, among other things--
``(A) what use the additional user will make of the
individual's record;
``(B) the costs and benefits of the use; and
``(C) how to protect the privacy of the individual and the
confidentiality of the record.
``(i) Access to Clearinghouse by Individuals.--
``(1) In general.--The Secretary shall establish a process
for an individual to request and receive information from the
clearinghouse--
``(A) to determine whether the clearinghouse contains a
record pertaining to the individual;
``(B) to verify the accuracy of a record;
``(C) to update an individual's record, including
completing the return-to-duty process described in title 49,
Code of Federal Regulations; and
``(D) to determine whether the clearinghouse received
requests for the individual's information.
``(2) Dispute procedure.--The Secretary shall establish a
procedure, including an appeal process, for an individual to
dispute and remedy an administrative error in the
individual's record.
``(j) Penalties.--
``(1) In general.--An employer, employee, medical review
officer, or service agent who violates any provision of this
section shall be subject to civil penalties under section
521(b)(2)(C) and criminal penalties under section
521(b)(6)(B), and any other applicable civil and criminal
penalties, as determined by the Secretary.
``(2) Violation of privacy.--The Secretary shall establish
civil and criminal penalties, consistent with paragraph (1),
for an authorized user who violates paragraph (2)(B) or
(3)(B) of subsection (h).
``(k) Compatibility of State and Local Laws.--
``(1) Preemption.--Except as provided under paragraph (2),
any law, regulation, order, or other requirement of a State,
political subdivision of a State, or Indian tribe related to
a commercial driver's license holder subject to alcohol or
controlled substance testing under title 49, Code of Federal
Regulations, that is inconsistent with this section or a
regulation issued pursuant to this section is preempted.
``(2) Applicability.--The preemption under paragraph (1)
shall include--
``(A) the reporting of valid positive results from alcohol
screening tests and drug tests;
``(B) the refusal to provide a specimen for an alcohol
screening test or drug test; and
``(C) other violations of subpart B of part 382 of title
49, Code of Federal Regulations (or any subsequent
corresponding regulations).
``(3) Exception.--A law, regulation, order, or other
requirement of a State, political subdivision of a State, or
Indian tribe shall not be preempted under this subsection to
the extent it relates to an action taken with respect to a
commercial motor vehicle operator's commercial driver's
license or driving record as a result of the driver's--
``(A) verified positive alcohol or drug test result;
``(B) refusal to provide a specimen for the test; or
``(C) other violations of subpart B of part 382 of title
49, Code of Federal Regulations (or any subsequent
corresponding regulations).
``(l) Definitions.--In this section--
``(1) Authorized user.--The term `authorized user' means an
employer, State licensing authority, National Transportation
Safety Board, or other person granted access to the
clearinghouse under subsection (h).
``(2) Chief commercial driver's licensing official.--The
term `chief commercial driver's licensing official' means the
official in a State who is authorized to--
``(A) maintain a record about commercial driver's licenses
issued by the State; and
``(B) take action on commercial driver's licenses issued by
the State.
``(3) Clearinghouse.--The term `clearinghouse' means the
clearinghouse established under subsection (a).
``(4) Commercial motor vehicle operator.--The term
`commercial motor vehicle operator' means an individual who--
``(A) possesses a valid commercial driver's license issued
in accordance with section 31308; and
``(B) is subject to controlled substances and alcohol
testing under title 49, Code of Federal Regulations.
``(5) Employer.--The term `employer' means a person or
entity employing, or seeking to employ, 1 or more employees
(including an individual who is self-employed) to be
commercial motor vehicle operators.
``(6) Medical review officer.--The term `medical review
officer' means a licensed physician who is responsible for--
``(A) receiving and reviewing a laboratory result generated
under the testing program;
``(B) evaluating a medical explanation for a controlled
substances test under title 49, Code of Federal Regulations;
and
``(C) interpreting the results of a controlled substances
test.
``(7) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(8) Service agent.--The term `service agent' means a
person or entity, other than an employee of the employer, who
provides services to employers or employees under the testing
program.
``(9) Testing program.--The term `testing program' means
the alcohol and controlled substances testing program
required under title 49, Code of Federal Regulations.''.
(b) Conforming Amendment.--The analysis for chapter 313 is
amended by inserting after the item relating to section 31306
the following:

``31306a. National clearinghouse for positive controlled substance and
alcohol test results of commercial motor vehicle
operators.''.

SEC. 32403. DRUG AND ALCOHOL VIOLATION SANCTIONS.

Chapter 313 is amended--
(1) by redesignating section 31306(f) as 31306(f)(1); and
(2) by inserting after section 31306(f)(1) the following:
``(2) Additional sanctions.--The Secretary may require a
State to revoke, suspend, or cancel the commercial driver's
license of a commercial motor vehicle operator who is found,
based on a test conducted and confirmed under this section,
to have used alcohol or a controlled substance in violation
of law until the commercial motor vehicle operator completes
the rehabilitation process under subsection (e).''; and
(3) by amending section 31310(d) to read as follows:
``(d) Controlled Substance Violations.--The Secretary may
permanently disqualify an individual from operating a
commercial vehicle if the individual--
``(1) uses a commercial motor vehicle in the commission of
a felony involving manufacturing, distributing, or dispensing
a controlled substance, or possession with intent to
manufacture, distribute, or dispense a controlled substance;
or
``(2) uses alcohol or a controlled substance, in violation
of section 31306, 3 or more times.''.

SEC. 32404. AUTHORIZATION OF APPROPRIATIONS.

From the funds authorized to be appropriated under section
31104(h) of title 49, United States Code, up to $5,000,000 is
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) for the Secretary of
Transportation to develop, design, and implement the national
clearinghouse required by section 32402 of this Act.

Subtitle E--Enforcement

SEC. 32501. INSPECTION DEMAND AND DISPLAY OF CREDENTIALS.

(a) Safety Investigations.--Section 504(c) is amended--
(1) by inserting ``, or an employee of the recipient of a
grant issued under section 31102 of this title'' after ``a
contractor''; and
(2) by inserting ``, in person or in writing'' after
``proper credentials''.
(b) Civil Penalty.--Section 521(b)(2)(E) is amended--
(1) by redesignating subparagraph (E) as subparagraph
(E)(i); and
(2) by adding at the end the following:
``(ii) Place out of service.--The Secretary may by
regulation adopt procedures for placing out of service the
commercial motor vehicle of a foreign-domiciled motor carrier
that fails to promptly allow the Secretary to inspect and
copy a record or inspect equipment, land, buildings, or other
property.''.
(c) Hazardous Materials Investigations.--Section 5121(c)(2)
is amended by inserting ``, in person or in writing,'' after
``proper credentials''.
(d) Commercial Investigations.--Section 14122(b) is amended
by inserting ``, in person or in writing'' after ``proper
credentials''.

SEC. 32502. OUT OF SERVICE PENALTY FOR DENIAL OF ACCESS TO
RECORDS.

Section 521(b)(2)(E) is amended--
(1) by inserting after ``$10,000.'' the following: ``In the
case of a motor carrier, the Secretary may also place the
violator's motor carrier operations out of service.''; and

[[Page S1330]]

(2) by striking ``such penalty'' after ``It shall be a
defense to'' and inserting ``a penalty''.

SEC. 32503. PENALTIES FOR VIOLATION OF OPERATION OUT OF
SERVICE ORDERS.

Section 521(b)(2) is amended by adding at the end the
following:
``(F) Penalty for violations relating to out of service
orders.--A motor carrier or employer (as defined in section
31132) that operates a commercial motor vehicle in commerce
in violation of a prohibition on transportation under section
31144(c) of this title or an imminent hazard out of service
order issued under subsection (b)(5) of this section or
section 5121(d) of this title shall be liable for a civil
penalty not to exceed $25,000.''.

SEC. 32504. MINIMUM PROHIBITION ON OPERATION FOR UNFIT
CARRIERS.

(a) In General.--Section 31144(c)(1) is amended by
inserting ``, and such period shall be for not less than 10
days'' after ``operator is fit''.
(b) Owners or Operators Transporting Passengers.--Section
31144(c)(2) is amended by inserting ``, and such period shall
be for not less than 10 days'' after ``operator is fit''.
(c) Owners or Operators Transporting Hazardous Material.--
Section 31144(c)(3) is amended by inserting before the period
at the end of the first sentence the following: ``, and such
period shall be for not less than 10 days''.

SEC. 32505. MINIMUM OUT OF SERVICE PENALTIES.

Section 521(b)(7) is amended by adding at the end the
following:
``The penalties may include a minimum duration for any out
of service period, not to exceed 90 days.''.

SEC. 32506. IMPOUNDMENT AND IMMOBILIZATION OF COMMERCIAL
MOTOR VEHICLES FOR IMMINENT HAZARD.

Section 521(b) is amended by adding at the end the
following:
``(15) Impoundment of commercial motor vehicles.--
``(A) Enforcement of imminent hazard out-of-service
orders.--
``(i) The Secretary, or an authorized State official
carrying out motor carrier safety enforcement activities
under section 31102, may enforce an imminent hazard out-of-
service order issued under chapters 5, 51, 131 through 149,
311, 313, or 315 of this title, or a regulation promulgated
thereunder, by towing and impounding a commercial motor
vehicle until the order is rescinded.
``(ii) Enforcement shall not unreasonably interfere with
the ability of a shipper, carrier, broker, or other party to
arrange for the alternative transportation of any cargo or
passenger being transported at the time the commercial motor
vehicle is immobilized. In the case of a commercial motor
vehicle transporting passengers, the Secretary or authorized
State official shall provide reasonable, temporary, and
secure shelter and accommodations for passengers in transit.
``(iii) The Secretary's designee or an authorized State
official carrying out motor carrier safety enforcement
activities under section 31102, shall immediately notify the
owner of a commercial motor vehicle of the impoundment and
the opportunity for review of the impoundment. A review shall
be provided in accordance with section 554 of title 5, except
that the review shall occur not later than 10 days after the
impoundment.
``(B) Issuance of regulations.--The Secretary shall
promulgate regulations on the use of impoundment or
immobilization of commercial motor vehicles as a means of
enforcing additional out-of-service orders issued under
chapters 5, 51, 131 through 149, 311, 313, or 315 of this
title, or a regulation promulgated thereunder. Regulations
promulgated under this subparagraph shall include
consideration of public safety, the protection of passengers
and cargo, inconvenience to passengers, and the security of
the commercial motor vehicle.
``(C) Definition.--In this paragraph, the term
`impoundment' or 'impounding' means the seizing and taking
into custody of a commercial motor vehicle or the
immobilizing of a commercial motor vehicle through the
attachment of a locking device or other mechanical or
electronic means.''.

SEC. 32507. INCREASED PENALTIES FOR EVASION OF REGULATIONS.

(a) Penalties.--Section 524 is amended--
(1) by striking ``knowingly and willfully'';
(2) by inserting after ``this chapter'' the following: ``,
chapter 51, subchapter III of chapter 311 (except sections
31138 and 31139) or section 31302, 31303, 31304, 31305(b),
31310(g)(1)(A), or 31502 of this title, or a regulation
issued under any of those provisions,'';
(3) by striking ``$200 but not more than $500'' and
inserting ``$2,000 but not more than $5,000''; and
(4) by striking ``$250 but not more than $2,000'' and
inserting ``$2,500 but not more than $7,500''.
(b) Evasion of Regulation.--Section 14906 is amended--
(1) by striking ``$200'' and inserting ``at least $2,000'';
(2) by striking ``$250'' and inserting ``$5,000''; and
(3) by inserting after ``a subsequent violation'' the
following:
``, and may be subject to criminal penalties''.

SEC. 32508. FAILURE TO PAY CIVIL PENALTY AS A DISQUALIFYING
OFFENSE.

(a) In General.--Chapter 311 is amended by inserting after
section 31151 the following:

``Sec.  31152. Disqualification for failure to pay

``An individual assessed a civil penalty under this
chapter, or chapters 5, 51, or 149 of this title, or a
regulation issued under any of those provisions, who fails to
pay the penalty or fails to comply with the terms of a
settlement with the Secretary, shall be disqualified from
operating a commercial motor vehicle after the individual is
notified in writing and is given an opportunity to respond. A
disqualification shall continue until the penalty is paid, or
the individual complies with the terms of the settlement,
unless the nonpayment is because the individual is a debtor
in a case under chapter 11 of title 11, United States
Code.''.
(b) Technical Amendments.--Section 31310, as amended by
sections 32206 and 32310 of this Act, is amended--
(1) by redesignating subsections (h) through (k) as
subsections (i) through (l), respectively; and
(2) by inserting after subsection (g) the following:
``(h) Disqualification for Failure To Pay.--The Secretary
shall disqualify from operating a commercial motor vehicle
any individual who fails to pay a civil penalty within the
prescribed period, or fails to conform to the terms of a
settlement with the Secretary. A disqualification shall
continue until the penalty is paid, or the individual
conforms to the terms of the settlement, unless the
nonpayment is because the individual is a debtor in a case
under chapter 11 of title 11, United States Code.''; and
(3) in subsection (i), as redesignated, by striking
``Notwithstanding subsections (b) through (g)'' and inserting
``Notwithstanding subsections (b) through (h)''.
(c) Conforming Amendment.--The analysis of chapter 311 is
amended by inserting after the item relating to section 31151
the following:

``31152. Disqualification for failure to pay.''.

SEC. 32509. VIOLATIONS RELATING TO COMMERCIAL MOTOR VEHICLE
SAFETY REGULATION AND OPERATORS.

Section 521(b)(2)(D) is amended by striking ``ability to
pay,''.

SEC. 32510. EMERGENCY DISQUALIFICATION FOR IMMINENT HAZARD.

Section 31310(f) is amended--
(1) in paragraph (1) by inserting ``section 521 or'' before
``section 5102''; and
(2) in paragraph (2) by inserting ``section 521 or'' before
``section 5102''.

SEC. 32511. INTRASTATE OPERATIONS OF INTERSTATE MOTOR
CARRIERS.

(a) Prohibited Transportation.--Section 521(b)(5) is
amended by inserting after subparagraph (B) the following:
``(C) If an employee, vehicle, or all or part of an
employer's commercial motor vehicle operations is ordered out
of service under paragraph (5)(A), the commercial motor
vehicle operations of the employee, vehicle, or employer that
affect interstate commerce are also prohibited.''.
(b) Prohibition on Operation in Interstate Commerce After
Nonpayment of Penalties.--Section 521(b)(8) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following:
``(B) Additional prohibition.--A person prohibited from
operating in interstate commerce under paragraph (8)(A) may
not operate any commercial motor vehicle where the operation
affects interstate commerce.''.

SEC. 32512. ENFORCEMENT OF SAFETY LAWS AND REGULATIONS.

(a) Enforcement of Safety Laws and Regulations.--Chapter
311, as amended by sections 32113 and 32508 of this Act, is
amended by adding after section 31153 the following:

``Sec.  31154. Enforcement of safety laws and regulations

``(a) In General.--The Secretary may bring a civil action
to enforce this part, or a regulation or order of the
Secretary under this part, when violated by an employer,
employee, or other person providing transportation or service
under this subchapter or subchapter I.
``(b) Venue.--In a civil action under subsection (a)--
``(1) trial shall be in the judicial district in which the
employer, employee, or other person operates;
``(2) process may be served without regard to the
territorial limits of the district or of the State in which
the action is instituted; and
``(3) a person participating with a carrier or broker in a
violation may be joined in the civil action without regard to
the residence of the person.''.
(b) Conforming Amendment.--The analysis of chapter 311 is
amended by inserting after the item relating to section 31153
the following:

``31154. Enforcement of safety laws and regulations.''.

SEC. 32513. DISCLOSURE TO STATE AND LOCAL LAW ENFORCEMENT
AGENCIES.

Section 31106(e) is amended--
(1) by redesignating subsection (e) as subsection (e)(1);
and
(2) by inserting at the end the following:
``(2) In general.--Notwithstanding any prohibition on
disclosure of information in section 31105(h) or 31143(b) of
this title or section 552a of title 5, the Secretary may
disclose information maintained by the Secretary pursuant to
chapters 51, 135, 311, or 313 of this title to appropriate
personnel of a State agency or instrumentality authorized to
carry out State commercial motor vehicle safety activities
and commercial driver's license laws, or appropriate
personnel of a

[[Page S1331]]

local law enforcement agency, in accordance with standards,
conditions, and procedures as determined by the Secretary.
Disclosure under this section shall not operate as a waiver
by the Secretary of any applicable privilege against
disclosure under common law or as a basis for compelling
disclosure under section 552 of title 5.''.

Subtitle F--Compliance, Safety, Accountability

SEC. 32601. COMPLIANCE, SAFETY, ACCOUNTABILITY.

(a) In General.--Section 31102 is amended--
(1) by amending the section heading to read:

``Sec.  31102. Compliance, safety, and accountability
grants'';

(2) by amending subsection (a) to read as follows:
``(a) General Authority.--Subject to this section, the
Secretary of Transportation shall make and administer a
compliance, safety, and accountability grant program to
assist States, local governments, and other entities and
persons with motor carrier safety and enforcement on highways
and other public roads, new entrant safety audits, border
enforcement, hazardous materials safety and security,
consumer protection and household goods enforcement, and
other programs and activities required to improve the safety
of motor carriers as determined by the Secretary. The
Secretary shall allocate funding in accordance with section
31104 of this title.'';
(3) in subsection (b)--
(A) by amending the heading to read as follows:
``(b) Motor Carrier Safety Assistance Program.--'';
(B) by redesignating paragraphs (1) through (3) as (2)
through (4), respectively;
(C) by inserting before paragraph (2), as redesignated, the
following:
``(1) Program goal.--The goal of the Motor Carrier Safety
Assistance Program is to ensure that the Secretary, States,
local government agencies, and other political jurisdictions
work in partnership to establish programs to improve motor
carrier, commercial motor vehicle, and driver safety to
support a safe and efficient surface transportation system
by--
``(A) making targeted investments to promote safe
commercial motor vehicle transportation, including
transportation of passengers and hazardous materials;
``(B) investing in activities likely to generate maximum
reductions in the number and severity of commercial motor
vehicle crashes and fatalities resulting from such crashes;
``(C) adopting and enforcing effective motor carrier,
commercial motor vehicle, and driver safety regulations and
practices consistent with Federal requirements; and
``(D) assessing and improving statewide performance by
setting program goals and meeting performance standards,
measures, and benchmarks.'';
(D) in paragraph (2), as redesignated--
(i) by striking ``make a declaration of'' in subparagraph
(I) and inserting ``demonstrate'';
(ii) by amending subparagraph (M) to read as follows:
``(M) ensures participation in appropriate Federal Motor
Carrier Safety Administration systems and other information
systems by all appropriate jurisdictions receiving Motor
Carrier Safety Assistance Program funding;'';
(iii) in subparagraph (Q), by inserting ``and dedicated
sufficient resources to'' between ``established'' and ``a
program'';
(iv) in subparagraph (W), by striking ``and'' after the
semicolon;
(v) by amending subparagraph (X) to read as follows:
``(X) except in the case of an imminent or obvious safety
hazard, ensures that an inspection of a vehicle transporting
passengers for a motor carrier of passengers is conducted at
a station, terminal, border crossing, maintenance facility,
destination, weigh station, rest stop, turnpike service area,
or a location where adequate food, shelter, and sanitation
facilities are available for passengers, and reasonable
accommodation is available for passengers with disabilities;
and''; and
(vi) by adding after subparagraph (X) the following:
``(Y) ensures that the State will transmit to its roadside
inspectors the notice of each Federal exemption granted
pursuant to section 31315(b) and provided to the State by the
Secretary, including the name of the person granted the
exemption and any terms and conditions that apply to the
exemption.''; and
(E) by amending paragraph (4), as redesignated, to read as
follows:
``(4) Maintenance of effort.--
``(A) In general.--A plan submitted by a State under
paragraph (2) shall provide that the total expenditure of
amounts of the lead State agency responsible for implementing
the plan will be maintained at a level at least equal to the
average level of that expenditure for fiscal years 2004 and
2005.
``(B) Average level of state expenditures.--In estimating
the average level of State expenditure under subparagraph
(A), the Secretary--
``(i) may allow the State to exclude State expenditures for
Government-sponsored demonstration or pilot programs; and
``(ii) shall require the State to exclude State matching
amounts used to receive Government financing under this
subsection.
``(C) Waiver.--Upon the request of a State, the Secretary
may waive or modify the requirements of this paragraph for 1
fiscal year, if the Secretary determines that a waiver is
equitable due to exceptional or uncontrollable circumstances,
such as a natural disaster or a serious decline in the
financial resources of the State motor carrier safety
assistance program agency.'';
(4) by redesignating subsection (e) as subsection (h); and
(5) by inserting after subsection (d) the following:
``(e) New Entrant Safety Assurance Program.--
``(1) Program goal.--The Secretary may make grants to
States and local governments for pre-authorization safety
audits and new entrant motor carrier audits as described in
section 31144(g).
``(2) Recipients.--Grants made in support of this program
may be provided to States and local governments.
``(3) Federal share.--The Federal share of a grant made
under this program is 100 percent.
``(4) Eligible activities.--Eligible activities will be in
accordance with criteria developed by the Secretary and
posted in the Federal Register in advance of the grant
application period.
``(5) Determination.--If the Secretary determines that a
State or local government is unable to conduct a new entrant
motor carrier audit, the Secretary may use the funds to
conduct the audit.
``(f) Border Enforcement.--
``(1) Program goal.--The Secretary of Transportation may
make a grant for carrying out border commercial motor vehicle
safety programs and related enforcement activities and
projects.
``(2) Recipients.--The Secretary of Transportation may make
a grant to an entity, State, or other person for carrying out
border commercial motor vehicle safety programs and related
enforcement activities and projects.
``(3) Federal share.--The Secretary shall reimburse a
grantee at least 100 percent of the costs incurred in a
fiscal year for carrying out border commercial motor vehicle
safety programs and related enforcement activities and
projects.
``(4) Eligible activities.--An eligible activity will be in
accordance with criteria developed by the Secretary and
posted in the Federal Register in advance of the grant
application period.
``(g) High Priority Initiatives.--
``(1) Program goal.--The Secretary may make grants to carry
out high priority activities and projects that improve
commercial motor vehicle safety and compliance with
commercial motor vehicle safety regulations, including
activities and projects that--
``(A) are national in scope;
``(B) increase public awareness and education;
``(C) target unsafe driving of commercial motor vehicles
and non-commercial motor vehicles in areas identified as high
risk crash corridors;
``(D) improve consumer protection and enforcement of
household goods regulations;
``(E) improve the movement of hazardous materials safely
and securely, including activities related to the
establishment of uniform forms and application procedures
that improve the accuracy, timeliness, and completeness of
commercial motor vehicle safety data reported to the
Secretary; or
``(F) demonstrate new technologies to improve commercial
motor vehicle safety.
``(2) Recipients.--The Secretary may allocate amounts to
award grants to State agencies, local governments, and other
persons for carrying out high priority activities and
projects that improve commercial motor vehicle safety and
compliance with commercial motor vehicle safety regulations
in accordance with the program goals specified in paragraph
(1).
``(3) Federal share.--The Secretary shall reimburse a
grantee at least 80 percent of the costs incurred in a fiscal
year for carrying out the high priority activities or
projects.
``(4) Eligible activities.--An eligible activity will be in
accordance with criteria that is--
``(A) developed by the Secretary; and
``(B) posted in the Federal Register in advance of the
grant application period.''.
(b) Conforming Amendment.--The analysis of chapter 311 is
amended by striking the item relating to section 31102 and
inserting the following:

``31102. Compliance, safety, and accountability grants.''.

SEC. 32602. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS
MANAGEMENT PROGRAM.

Section 31106(b) is amended--
(1) by amending paragraph (3)(C) to read as follows--
``(C) establish and implement a process--
``(i) to cancel the motor vehicle registration and seize
the registration plates of a vehicle when an employer is
found liable under section 31310(j)(2)(C) for knowingly
allowing or requiring an employee to operate such a
commercial motor vehicle in violation of an out-of-service
order; and
``(ii) to reinstate the vehicle registration or return the
registration plates of the commercial motor vehicle, subject
to sanctions under clause (i), if the Secretary permits such
carrier to resume operations after the date of issuance of
such order.''; and
(2) by striking paragraph (4).

[[Page S1332]]

SEC. 32603. COMMERCIAL MOTOR VEHICLE DEFINED.

Section 31101(1) is amended to read as follows:
``(1) `commercial motor vehicle' means (except under
section 31106) a self-propelled or towed vehicle used on the
highways in commerce to transport passengers or property, if
the vehicle--
``(A) has a gross vehicle weight rating or gross vehicle
weight of at least 10,001 pounds, whichever is greater;
``(B) is designed or used to transport more than 8
passengers, including the driver, for compensation;
``(C) is designed or used to transport more than 15
passengers, including the driver, and is not used to
transport passengers for compensation; or
``(D) is used in transporting material found by the
Secretary of Transportation to be hazardous under section
5103 and transported in a quantity requiring placarding under
regulations prescribed by the Secretary under section
5103.''.

SEC. 32604. DRIVER SAFETY FITNESS RATINGS.

Section 31144, as amended by section 32204 of this Act, is
amended by adding at the end the following:
``(i) Commercial Motor Vehicle Drivers.--The Secretary may
maintain by regulation a procedure for determining the safety
fitness of a commercial motor vehicle driver and for
prohibiting the driver from operating in interstate commerce.
The procedure and prohibition shall include the following:
``(1) Specific initial and continuing requirements that a
driver must comply with to demonstrate safety fitness.
``(2) The methodology and continually updated safety
performance data that the Secretary will use to determine
whether a driver is fit, including inspection results,
serious traffic offenses, and crash involvement data.
``(3) Specific time frames within which the Secretary will
determine whether a driver is fit.
``(4) A prohibition period or periods, not to exceed 1
year, that a driver that the Secretary determines is not fit
will be prohibited from operating a commercial motor vehicle
in interstate commerce. The period or periods shall begin on
the 46th day after the date of the fitness determination and
continue until the Secretary determines the driver is fit or
until the prohibition period expires.
``(5) A review by the Secretary, not later than 30 days
after an unfit driver requests a review, of the driver's
compliance with the requirements the driver failed to comply
with and that resulted in the Secretary determining that the
driver was not fit. The burden of proof shall be on the
driver to demonstrate fitness.
``(6) The eligibility criteria for reinstatement, including
the remedial measures the unfit driver must take for
reinstatement.''.

SEC. 32605. UNIFORM ELECTRONIC CLEARANCE FOR COMMERCIAL MOTOR
VEHICLE INSPECTIONS.

(a) In General.--Chapter 311 is amended by adding after
section 31109 the following:

``Sec.  31110. Withholding amounts for State noncompliance

``(a) First Fiscal Year.--Subject to criteria established
by the Secretary of Transportation, the Secretary may
withhold up to 50 percent of the amount a State is otherwise
eligible to receive under section 31102(b) on the first day
of the fiscal year after the first fiscal year following the
date of enactment of the Commercial Motor Vehicle Safety
Enhancement Act of 2012 in which the State uses for at least
180 days an electronic commercial motor vehicle inspection
selection system that does not employ a selection methodology
approved by the Secretary.
``(b) Second Fiscal Year.--The Secretary shall withhold up
to 75 percent of the amount a State is otherwise eligible to
receive under section 31102(b) on the first day of the fiscal
year after the second fiscal year following the date of
enactment of the Commercial Motor Vehicle Safety Enhancement
Act of 2012 in which the State uses for at least 180 days an
electronic commercial motor vehicle inspection selection
system that does not employ a selection methodology approved
by the Secretary.
``(c) Subsequent Availability of Withheld Funds.--The
Secretary may make the amounts withheld under subsection (a)
or subsection (b) available to the State if the Secretary
determines that the State has substantially complied with the
requirement described under subsection (a) or subsection (b)
not later than 180 days after the beginning of the fiscal
year in which amounts were withheld.''.
(b) Conforming Amendment.--The analysis of chapter 311 is
amended by inserting after the item relating to section 31109
the following:

``31110. Withholding amounts for State noncompliance.''.

SEC. 32606. AUTHORIZATION OF APPROPRIATIONS.

Section 31104 is amended to read as follows:

``Sec.  31104. Availability of amounts

``(a) In General.--There are authorized to be appropriated
from Highway Trust Fund (other than the Mass Transit Account)
for Federal Motor Carrier Safety Administration programs the
following:
``(1) Compliance, safety, and accountability grants under
section 31102.--
``(A) $249,717,000 for fiscal year 2012, provided that the
Secretary shall set aside not less than $168,388,000 to carry
out the motor carrier safety assistance program under section
31102(b); and
``(B) $253,814,000 for fiscal year 2013, provided that the
Secretary shall set aside not less than $171,813,000 to carry
out the motor carrier safety assistance program under section
31102(b).
``(2) Data and technology grants under section 31109.--
``(A) $30,000,000 for fiscal year 2012; and
``(B) $30,000,000 for fiscal year 2013.
``(3) Driver safety grants under section 31313.--
``(A) $31,000,000 for fiscal year 2012; and
``(B) $31,000,000 for fiscal year 2013.
``(4) Criteria.--The Secretary shall develop criteria to
allocate the remaining funds under paragraphs (1), (2), and
(3) for fiscal year 2013 and for each fiscal year thereafter
not later than April 1 of the prior fiscal year.
``(b) Availability and Reallocation of Amounts.--
``(1) Allocations and reallocations.--Amounts made
available under subsection (a)(1) remain available until
expended. Allocations to a State remain available for
expenditure in the State for the fiscal year in which they
are allocated and for the next fiscal year. Amounts not
expended by a State during those 2 fiscal years are released
to the Secretary for reallocation.
``(2) Redistribution of amounts.--The Secretary may, after
August 1 of each fiscal year, upon a determination that a
State does not qualify for funding under section 31102(b) or
that the State will not expend all of its existing funding,
reallocate the State's funding. In revising the allocation
and redistributing the amounts, the Secretary shall give
preference to those States that require additional funding to
meet program goals under section 31102(b).
``(3) Period of availability for data and technology
grants.--Amounts made available under subsection (a)(2)
remain available for obligation for the fiscal year and the
next 2 years in which they are appropriated. Allocations
remain available for expenditure in the State for 5 fiscal
years after they were obligated. Amounts not expended by a
State during those 3 fiscal years are released to the
Secretary for reallocation.
``(4) Period of availability for driver safety grants.--
Amounts made available under subsection (a)(3) of this
section remain available for obligation for the fiscal year
and the next fiscal year in which they are appropriated.
Allocations to a State remain available for expenditure in
the State for the fiscal year in which they are allocated and
for the following 2 fiscal years. Amounts not expended by a
State during those 3 fiscal years are released to the
Secretary for reallocation.
``(5) Reallocation.--The Secretary, upon a request by a
State, may reallocate grant funds previously awarded to the
State under a grant program authorized by section 31102,
31109, or 31313 to another grant program authorized by those
sections upon a showing by the State that it is unable to
expend the funds within the 12 months prior to their
expiration provided that the State agrees to expend the funds
within the remaining period of expenditure.
``(c) Grants as Contractual Obligations.--Approval by the
Secretary of a grant under sections 31102, 31109, and 31313
is a contractual obligation of the Government for payment of
the Government's share of costs incurred in developing and
implementing programs to improve commercial motor vehicle
safety and enforce commercial driver's license regulations,
standards, and orders.
``(d) Deduction for Administrative Expenses.--
``(1) In general.--On October 1 of each fiscal year or as
soon after that as practicable, the Secretary may deduct,
from amounts made available under--
``(A) subsection (a)(1) for that fiscal year, not more than
1.5 percent of those amounts for administrative expenses
incurred in carrying out section 31102 in that fiscal year;
``(B) subsection (a)(2) for that fiscal year, not more than
1.4 percent of those amounts for administrative expenses
incurred in carrying out section 31109 in that fiscal year;
and
``(C) subsection (a)(3) for that fiscal year, not more than
1.4 percent of those amounts for administrative expenses
incurred in carrying out section 31313 in that fiscal year.
``(2) Training.--The Secretary may use at least 50 percent
of the amounts deducted from the amounts made available under
sections (a)(1) and (a)(3) to train non-Government employees
and to develop related training materials to carry out
sections 31102, 31311, and 31313 of this title.
``(3) Contracts.--The Secretary may use amounts deducted
under paragraph (1) to enter into contracts and cooperative
agreements with States, local governments, associations,
institutions, corporations, and other persons, if the
Secretary determines the contracts and cooperative agreements
are cost-effective, benefit multiple jurisdictions of the
United States, and enhance safety programs and related
enforcement activities.
``(e) Allocation Criteria and Eligibility.--
``(1) On October 1 of each fiscal year or as soon as
practicable after that date after making the deduction under
subsection (d)(1)(A), the Secretary shall allocate amounts
made available to carry out section 31102(b) for such fiscal
year among the States with plans approved under that section.
Allocation shall be made under the criteria prescribed by the
Secretary.

[[Page S1333]]

``(2) On October 1 of each fiscal year or as soon as
practicable after that date and after making the deduction
under subsection (d)(1)(B) or (d)(1)(C), the Secretary shall
allocate amounts made available to carry out sections
31109(a) and 31313(b)(1).
``(f) Intrastate Compatibility.--The Secretary shall
prescribe regulations specifying tolerance guidelines and
standards for ensuring compatibility of intrastate commercial
motor vehicle safety laws and regulations with Government
motor carrier safety regulations to be enforced under section
31102(b). To the extent practicable, the guidelines and
standards shall allow for maximum flexibility while ensuring
a degree of uniformity that will not diminish transportation
safety. In reviewing State plans and allocating amounts or
making grants under section 153 of title 23, United States
Code, the Secretary shall ensure that the guidelines and
standards are applied uniformly.
``(g) Withholding Amounts for State Noncompliance.--
``(1) In general.--Subject to criteria established by the
Secretary, the Secretary may withhold up to 100 percent of
the amounts a State is otherwise eligible to receive under
section 31102(b) on October 1 of each fiscal year beginning
after the date of enactment of the Commercial Motor Vehicle
Safety Enhancement Act of 2012 and continuing for the period
that the State does not comply substantially with a
requirement under section 31109(b).
``(2) Subsequent availability of withheld funds.--The
Secretary may make the amounts withheld in accordance with
paragraph (1) available to a State if the Secretary
determines that the State has substantially complied with a
requirement under section 31109(b) not later than 180 days
after the beginning of the fiscal year in which the amounts
are withheld.
``(h) Administrative Expenses.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) for the Secretary to
pay administrative expenses of the Federal Motor Carrier
Safety Administration--
``(A) $250,819,000 for fiscal year 2012; and
``(B) $248,523,000 for fiscal year 2013.
``(2) Use of funds.--The funds authorized by this
subsection shall be used for personnel costs, administrative
infrastructure, rent, information technology, programs for
research and technology, information management, regulatory
development, the administration of the performance and
registration information system management, outreach and
education, other operating expenses, and such other expenses
as may from time to time be necessary to implement statutory
mandates of the Administration not funded from other sources.
``(i) Availability of Funds.--
``(1) Period of availability.--The amounts made available
under this section shall remain available until expended.
``(2) Initial date of availability.--Authorizations from
the Highway Trust Fund (other than the Mass Transit Account)
for this section shall be available for obligation on the
date of their apportionment or allocation or on October 1 of
the fiscal year for which they are authorized, whichever
occurs first.''.

SEC. 32607. HIGH RISK CARRIER REVIEWS.

(a) High Risk Carrier Reviews.--Section 31104(h), as
amended by section 32606 of this Act, is amended by adding at
the end of paragraph (2) the following:
``From the funds authorized by this subsection, the
Secretary shall ensure that a review is completed on each
motor carrier that demonstrates through performance data that
it poses the highest safety risk. At a minimum, a review
shall be conducted whenever a motor carrier is among the
highest risk carriers for 2 consecutive months.''.
(b) Conforming Amendment.--Section 4138 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (49 U.S.C. 31144 note) is repealed.

SEC. 32608. DATA AND TECHNOLOGY GRANTS.

(a) In General.--Section 31109 is amended to read as
follows:

``Sec.  31109. Data and technology grants

``(a) General Authority.--The Secretary of Transportation
shall establish and administer a data and technology grant
program to assist the States with the implementation and
maintenance of data systems. The Secretary shall allocate the
funds in accordance with section 31104.
``(b) Performance Goals.--The Secretary may make a grant to
a State to implement the performance and registration
information system management requirements of section
31106(b) to develop, implement, and maintain commercial
vehicle information systems and networks, and other
innovative technologies that the Secretary determines improve
commercial motor vehicle safety.
``(c) Eligibility.--To be eligible for a grant to implement
the requirements of section 31106(b), the State shall design
a program that--
``(1) links Federal motor carrier safety information
systems with the State's motor carrier information systems;
``(2) determines the safety fitness of a motor carrier or
registrant when licensing or registering the registrant or
motor carrier or while the license or registration is in
effect; and
``(3) denies, suspends, or revokes the commercial motor
vehicle registrations of a motor carrier or registrant that
was issued an operations out-of-service order by the
Secretary.
``(d) Required Participation.--The Secretary shall require
States that participate in the program under section 31106
to--
``(1) comply with the uniform policies, procedures, and
technical and operational standards prescribed by the
Secretary under section 31106(b);
``(2) possess or seek the authority to possess for a time
period not longer than determined reasonable by the
Secretary, to impose sanctions relating to commercial motor
vehicle registration on the basis of a Federal safety fitness
determination; and
``(3) establish and implement a process to cancel the motor
vehicle registration and seize the registration plates of a
vehicle when an employer is found liable under section
31310(j)(2)(C) for knowingly allowing or requiring an
employee to operate such a commercial motor vehicle in
violation of an out of service order.
``(e) Federal Share.--The total Federal share of the cost
of a project payable from all eligible Federal sources shall
be at least 80 percent.''.
(b) Conforming Amendment.--The analysis of chapter 311 is
amended by striking the item relating to section 31109 and
inserting the following:

``31109. Data and technology grants.''.

SEC. 32609. DRIVER SAFETY GRANTS.

(a) Driver Focused Grant Program.--Section 31313 is amended
to read as follows:

``Sec.  31313. Driver safety grants

``(a) General Authority.--The Secretary shall make and
administer a driver focused grant program to assist the
States, local governments, entities, and other persons with
commercial driver's license systems, programs, training,
fraud detection, reporting of violations and other programs
required to improve the safety of drivers as the Federal
Motor Carrier Safety Administration deems critical. The
Secretary shall allocate the funds for the program in
accordance with section 31104.
``(b) Commercial Driver's License Program Improvement
Grants.--
``(1) Program goal.--The Secretary of Transportation may
make a grant to a State in a fiscal year--
``(A) to comply with the requirements of section 31311;
``(B) in the case of a State that is making a good faith
effort toward substantial compliance with the requirements of
this section and section 31311, to improve its implementation
of its commercial driver's license program;
``(C) for research, development demonstration projects,
public education, and other special activities and projects
relating to commercial driver licensing and motor vehicle
safety that are of benefit to all jurisdictions of the United
States or are designed to address national safety concerns
and circumstances;
``(D) for commercial driver's license program coordinators;
``(E) to implement or maintain a system to notify an
employer of an operator of a commercial motor vehicle of the
suspension or revocation of the operator's commercial
driver's license consistent with the standards developed
under section 32304(b) of the Commercial Motor Vehicle Safety
Enhancement Act of 2012; or
``(F) to train operators of commercial motor vehicles, as
defined under section 31301, and to train operators and
future operators in the safe use of such vehicles. Funding
priority for this discretionary grant program shall be to
regional or multi-state educational or nonprofit associations
serving economically distressed regions of the United States.
``(2) Priority.--The Secretary shall give priority, in
making grants under paragraph (1)(B), to a State that will
use the grants to achieve compliance with the requirements of
the Motor Carrier Safety Improvement Act of 1999 (113 Stat.
1748), including the amendments made by the Commercial Motor
Vehicle Safety Enhancement Act of 2012.
``(3) Recipients.--The Secretary may allocate grants to
State agencies, local governments, and other persons for
carrying out activities and projects that improve commercial
driver's license safety and compliance with commercial
driver's license and commercial motor vehicle safety
regulations in accordance with the program goals under
paragraph (1) and that train operators on commercial motor
vehicles. The Secretary may make a grant to a State to comply
with section 31311 for commercial driver's license program
coordinators and for notification systems.
``(4) Federal share.--The Federal share of a grant made
under this program shall be at least 80 percent, except that
the Federal share of grants for commercial driver license
program coordinators and training commercial motor vehicle
operators shall be 100 percent.''.
(b) Conforming Amendment.--The analysis of chapter 313 is
amended by striking the item relating to section 31313 and
inserting the following:

``31313. Driver safety grants.''.

SEC. 32610. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND
NETWORKS.

Not later than 6 months after the date of enactment of this
Act, the Secretary shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives that includes--

[[Page S1334]]

(1) established time frames and milestones for resuming the
Commercial Vehicle Information Systems and Networks Program;
and
(2) a strategic workforce plan for its grants management
office to ensure that it has determined the skills and
competencies that are critical to achieving its mission
goals.

Subtitle G--Motorcoach Enhanced Safety Act of 2012

SEC. 32701. SHORT TITLE.

This subtitle may be cited as the ``Motorcoach Enhanced
Safety Act of 2012''.

SEC. 32702. DEFINITIONS.

In this subtitle:
(1) Advanced glazing.--The term ``advanced glazing'' means
glazing installed in a portal on the side or the roof of a
motorcoach that is designed to be highly resistant to partial
or complete occupant ejection in all types of motor vehicle
crashes.
(2) Bus.--The term ``bus'' has the meaning given the term
in section 571.3(b) of title 49, Code of Federal Regulations
(as in effect on the day before the date of enactment of this
Act).
(3) Commercial motor vehicle.--Except as otherwise
specified, the term ``commercial motor vehicle'' has the
meaning given the term in section 31132(1) of title 49,
United States Code.
(4) Direct tire pressure monitoring system.--The term
``direct tire pressure monitoring system'' means a tire
pressure monitoring system that is capable of directly
detecting when the air pressure level in any tire is
significantly under-inflated and providing the driver a low
tire pressure warning as to which specific tire is
significantly under-inflated.
(5) Electronic on-board recorder.--The term ``electronic
on-board recorder'' means an electronic device that acquires
and stores data showing the record of duty status of the
vehicle operator and performs the functions required of an
automatic on-board recording device in section 395.15(b) of
title 49, Code of Federal Regulations.
(6) Event data recorder.--The term ``event data recorder''
has the meaning given that term in section 563.5 of title 49,
Code of Federal Regulations.
(7) Motor carrier.--The term ``motor carrier'' means--
(A) a motor carrier (as defined in section 13102(14) of
title 49, United States Code); or
(B) a motor private carrier (as defined in section
13102(15) of that title).
(8) Motorcoach.--The term ``motorcoach'' has the meaning
given the term ``over-the-road bus'' in section 3038(a)(3) of
the Transportation Equity Act for the 21st Century (49 U.S.C.
5310 note), but does not include--
(A) a bus used in public transportation provided by, or on
behalf of, a public transportation agency; or
(B) a school bus, including a multifunction school activity
bus.
(9) Motorcoach services.--The term ``motorcoach services''
means passenger transportation by motorcoach for
compensation.
(10) Multifunction school activity bus.--The term
``multifunction school activity bus'' has the meaning given
the term in section 571.3(b) of title 49, Code of Federal
Regulations (as in effect on the day before the date of
enactment of this Act).
(11) Portal.--The term ``portal'' means any opening on the
front, side, rear, or roof of a motorcoach that could, in the
event of a crash involving the motorcoach, permit the partial
or complete ejection of any occupant from the motorcoach,
including a young child.
(12) Provider of motorcoach services.--The term ``provider
of motorcoach services'' means a motor carrier that provides
passenger transportation services with a motorcoach,
including per-trip compensation and contracted or chartered
compensation.
(13) Public transportation.--The term ``public
transportation'' has the meaning given the term in section
5302 of title 49, United States Code.
(14) Safety belt.--The term ``safety belt'' has the meaning
given the term in section 153(i)(4)(B) of title 23, United
States Code.
(15) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.

SEC. 32703. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION,
PASSENGER EVACUATION, AND CRASH AVOIDANCE.

(a) Regulations Required Within 1 Year.--Not later than 1
year after the date of enactment of this Act, the Secretary
shall prescribe regulations requiring safety belts to be
installed in motorcoaches at each designated seating
position.
(b) Regulations Required Within 2 Years.--Not later than 2
years after the date of enactment of this Act, the Secretary
shall prescribe the following commercial motor vehicle
regulations:
(1) Roof strength and crush resistance.--The Secretary
shall establish improved roof and roof support standards for
motorcoaches that substantially improve the resistance of
motorcoach roofs to deformation and intrusion to prevent
serious occupant injury in rollover crashes involving
motorcoaches.
(2) Anti-ejection safety countermeasures.--The Secretary
shall require advanced glazing to be installed in each
motorcoach portal and shall consider other portal
improvements to prevent partial and complete ejection of
motorcoach passengers, including children. In prescribing
such standards, the Secretary shall consider the impact of
such standards on the use of motorcoach portals as a means of
emergency egress.
(3) Rollover crash avoidance.--The Secretary shall require
motorcoaches to be equipped with stability enhancing
technology, such as electronic stability control and torque
vectoring, to reduce the number and frequency of rollover
crashes among motorcoaches.
(c) Commercial Motor Vehicle Tire Pressure Monitoring
Systems.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall prescribe the following
commercial vehicle regulation:
(1) In general.--The Secretary shall require motorcoaches
to be equipped with direct tire pressure monitoring systems
that warn the operator of a commercial motor vehicle when any
tire exhibits a level of air pressure that is below a
specified level of air pressure established by the Secretary.
(2) Performance requirements.--The regulation prescribed by
the Secretary under this subsection shall include performance
requirements to ensure that direct tire pressure monitoring
systems are capable of--
(A) providing a warning to the driver when 1 or more tires
are underinflated;
(B) activating in a specified time period after the
underinflation is detected; and
(C) operating at different vehicle speeds.
(d) Application of Regulations.--
(1) New motorcoaches.--Any regulation prescribed in
accordance with subsection (a), (b), or (c) shall apply to
all motorcoaches manufactured more than 2 years after the
date on which the regulation is published as a final rule.
(2) Retrofit requirements for existing motorcoaches.--
(A) In general.--The Secretary may, by regulation, provide
for the application of any requirement established under
subsection (a) or (b)(2) to motorcoaches manufactured before
the date on which the requirement applies to new motorcoaches
under paragraph (1) based on an assessment of the
feasibility, benefits, and costs of retrofitting the older
motorcoaches.
(B) Assessment.--The Secretary shall complete an assessment
with respect to safety belt retrofits not later than 1 year
after the date of enactment of this Act and with respect to
anti-ejection countermeasure retrofits not later than 2 years
after the date of enactment of this Act.
(e) Failure To Meet Deadline.--If the Secretary determines
that a final rule cannot be issued before the deadline
established under this section, the Secretary shall--
(1) submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives that explains
why the deadline cannot be met; and
(2) establish a new deadline for the issuance of the final
rule.

SEC. 32704. STANDARDS FOR IMPROVED FIRE SAFETY.

(a) Evaluations.--Not later than 18 months after the date
of enactment of this Act, the Secretary shall initiate the
following rulemaking proceedings:
(1) Flammability standard for exterior components.--The
Secretary shall establish requirements for fire hardening or
fire resistance of motorcoach exterior components to prevent
fire and smoke inhalation injuries to occupants.
(2) Smoke suppression.--The Secretary shall update Federal
Motor Vehicle Safety Standard Number 302 (49 C.F.R. 571.302;
relating to flammability of interior materials) to improve
the resistance of motorcoach interiors and components to
burning and permit sufficient time for the safe evacuation of
passengers from motorcoaches.
(3) Prevention of, and resistance to, wheel well fires.--
The Secretary shall establish requirements--
(A) to prevent and mitigate the propagation of wheel well
fires into the passenger compartment; and
(B) to substantially reduce occupant deaths and injuries
from such fires.
(4) Automatic fire suppression.--The Secretary shall
establish requirements for motorcoaches to be equipped with
highly effective fire suppression systems that automatically
respond to and suppress all fires in such motorcoaches.
(5) Passenger evacuation.--The Secretary shall establish
requirements for motorcoaches to be equipped with--
(A) improved emergency exit window, door, roof hatch, and
wheelchair lift door designs to expedite access and use by
passengers of motorcoaches under all emergency circumstances,
including crashes and fires; and
(B) emergency interior lighting systems, including
luminescent or retroreflectorized delineation of evacuation
paths and exits, which are triggered by a crash or other
emergency incident to accomplish more rapid and effective
evacuation of passengers.
(6) Causation and prevention of motorcoach fires.--The
Secretary shall examine the principle causes of motorcoach
fires and vehicle design changes intended to reduce the
number of motorcoach fires resulting from those principle
causes.
(b) Deadline.--Not later than 42 months after the date of
enactment of this Act, the Secretary shall--
(1) issue final rules in accordance with subsection (a); or
(2) if the Secretary determines that any standard is not
warranted based on the requirements and considerations set
forth in subsection (a) and (b) of section 30111 of title 49,
United States Code, submit a report that describes the
reasons for not prescribing such a standard to--

[[Page S1335]]

(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.
(c) Tire Performance Standard.--Not later than 3 years
after the date of enactment of this Act, the Secretary
shall--
(1) issue a final rule upgrading performance standards for
tires used on motorcoaches, including an enhanced endurance
test and a new high-speed performance test; or
(2) if the Secretary determines that a standard is not
warranted based on the requirements and considerations set
forth in subsections (a) and (b) of section 30111 of title
49, United States Code, submit a report that describes the
reasons for not prescribing such a standard to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.

SEC. 32705. OCCUPANT PROTECTION, COLLISION AVOIDANCE, FIRE
CAUSATION, AND FIRE EXTINGUISHER RESEARCH AND
TESTING.

(a) Safety Research Initiatives.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall
complete the following research and testing:
(1) Improved fire extinguishers.--The Secretary shall
research and test the need to install improved fire
extinguishers or other readily available firefighting
equipment in motorcoaches to effectively extinguish fires in
motorcoaches and prevent passenger deaths and injuries.
(2) Interior impact protection.--The Secretary shall
research and test enhanced occupant impact protection
standards for motorcoach interiors to reduce substantially
serious injuries for all passengers of motorcoaches.
(3) Compartmentalization safety countermeasures.--The
Secretary shall require enhanced compartmentalization safety
countermeasures for motorcoaches, including enhanced seating
designs, to substantially reduce the risk of passengers being
thrown from their seats and colliding with other passengers,
interior surfaces, and components in the event of a crash
involving a motorcoach.
(4) Collision avoidance systems.--The Secretary shall
research and test forward and lateral crash warning systems
applications for motorcoaches.
(b) Rulemaking.--Not later than 2 years after the
completion of each research and testing initiative required
under subsection (a), the Secretary shall issue final motor
vehicle safety standards if the Secretary determines that
such standards are warranted based on the requirements and
considerations set forth in subsections (a) and (b) of
section 30111 of title 49, United States Code.

SEC. 32706. MOTORCOACH REGISTRATION.

(a) Registration Requirements.--Section 13902(b) is
amended--
(1) by redesignating paragraphs (1) through (8) as
paragraphs (4) through (11), respectively; and
(2) by inserting before paragraph (4), as redesignated, the
following:
``(1) Additional registration requirements for providers or
motorcoach services.--In addition to meeting the requirements
under subsection (a)(1), the Secretary may not register a
person to provide motorcoach services until after the
person--
``(A) undergoes a preauthorization safety audit, including
verification, in a manner sufficient to demonstrate the
ability to comply with Federal rules and regulations, of--
``(i) a drug and alcohol testing program under part 40 of
title 49, Code of Federal Regulations;
``(ii) the carrier's system of compliance with hours-of-
service rules, including hours-of-service records;
``(iii) the ability to obtain required insurance;
``(iv) driver qualifications, including the validity of the
commercial driver's license of each driver who will be
operating under such authority;
``(v) disclosure of common ownership, common control,
common management, common familial relationship, or other
corporate relationship with another motor carrier or
applicant for motor carrier authority during the past 3
years;
``(vi) records of the State inspections, or of a Level I or
V Commercial Vehicle Safety Alliance Inspection, for all
vehicles that will be operated by the carrier;
``(vii) safety management programs, including vehicle
maintenance and repair programs; and
``(viii) the ability to comply with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and the
Over-the-Road Bus Transportation Accessibility Act of 2007
(122 Stat. 2915);
``(B) has been interviewed to review safety management
controls and the carrier's written safety oversight policies
and practices; and
``(C) through the successful completion of a written
examination developed by the Secretary, has demonstrated
proficiency to comply with and carry out the requirements and
regulations described in subsection (a)(1).
``(2) Pre-authorization safety audit.--The pre-
authorization safety audit required under paragraph (1)(A)
shall be completed on-site not later than 90 days following
the submission of an application for operating authority.
``(3) Fee.--The Secretary may establish, under section 9701
of title 31, a fee of not more than $1,200 for new
registrants that as nearly as possible covers the costs of
performing a preauthorization safety audit. Amounts collected
under this subsection shall be deposited in the Highway Trust
Fund (other than the Mass Transit Account).''.
(b) Safety Reviews of New Operators.--Section 31144(g)(1)
is amended by inserting ``transporting property'' after
``each operator''.
(c) Conforming Amendment.--Section 24305(a)(3)(A)(i) is
amended by striking ``section 13902(b)(8)(A)'' and inserting
``section 13902(b)(11)(A)''.
(d) Effective Date.--The amendments made by this section
shall take effect 1 year after the date of enactment of this
Act.

SEC. 32707. IMPROVED OVERSIGHT OF MOTORCOACH SERVICE
PROVIDERS.

(a) Safety Reviews.--Section 31144, as amended by sections
32204 and 32604 of this Act, is amended by adding at the end
the following:
``(j) Periodic Safety Reviews of Providers of Motorcoach
Services.--
``(1) Safety review.--
``(A) In general.--The Secretary shall--
``(i) determine the safety fitness of all providers of
motorcoach services registered with the Federal Motor Carrier
Safety Administration through a simple and understandable
rating system that allows motorcoach passengers to compare
the safety performance of motorcoach operators; and
``(ii) assign a safety fitness rating to each such
provider.
``(B) Applicability.--Subparagraph (A) shall apply--
``(i) to any provider of motorcoach services registered
with the Administration after the date of enactment of the
Motorcoach Enhanced Safety Act of 2012 beginning not later
than 2 years after the date of such registration; and
``(ii) to any provider of motorcoach services registered
with the Administration on or before the date of enactment of
that Act beginning not later than 3 years after the date of
enactment of that Act.
``(2) Periodic review.--The Secretary shall establish, by
regulation, a process for monitoring the safety performance
of each provider of motorcoach services on a regular basis
following the assignment of a safety fitness rating,
including progressive intervention to correct unsafe
practices.
``(3) Enforcement strike forces.--In addition to the
enhanced monitoring and enforcement actions required under
paragraph (2), the Secretary may organize special enforcement
strike forces targeting providers of motorcoach services.
``(4) Periodic update of safety fitness rating.--In
conducting the safety reviews required under this subsection,
the Secretary shall--
``(A) reassess the safety fitness rating of each provider
not less frequently than once every 3 years; and
``(B) annually assess the safety fitness of certain
providers of motorcoach services that serve primarily urban
areas with high passenger loads.
``(5) Motorcoach services defined.--In this subsection, the
term `provider of motorcoach services' has the meaning given
such term in section 32702 of the Motorcoach Enhanced Safety
Act of 2012.''.
(b) Disclosure of Safety Performance Ratings of Motorcoach
Services and Operations.--
(1) In general.--Subchapter I of chapter 141 of title 49,
United States Code, is amended by adding at the end the
following:

``Sec.  14105. Safety performance ratings of motorcoach
services and operations

``(a) Definitions.--In this section:
``(1) Motorcoach.--
``(A) In general.--Except as provided in subparagraph (B),
the term `motorcoach' has the meaning given to the term
`over-the-road bus' in section 3038(a)(3) of the
Transportation Equity Act for the 21st Century (49 U.S.C.
5310 note).
``(B) Exclusions.--The term `motorcoach' does not include--
``(i) a bus used in public transportation that is provided
by a State or local government; or
``(ii) a school bus (as defined in section 30125(a)(1)),
including a multifunction school activity bus.
``(2) Motorcoach services and operations.--The term
`motorcoach services and operations' means passenger
transportation by a motorcoach for compensation.
``(b) Display of Motor Carrier Identification.--
``(1) Requirement.--Beginning on the date that is 1 year
after the date of the enactment of the Moving Ahead for
Progress in the 21st Century Act, no person may sell or offer
to sell interstate motorcoach transportation services, or
provide broker services related to such transportation,
unless the person, at the point of sale or provision of
broker services, conspicuously displays--
``(A) the legal name and USDOT number of the single motor
carrier responsible for the transportation and for compliance
with the Federal Motor Carrier Safety Regulations under parts
350 through 399 of title 49, Code of Federal Regulations; and
``(B) the URL for the Federal Motor Carrier Safety
Administration's public website where the Administration has
posted motor carrier and commercial motor vehicle driver
scores in the Safety Measurement System.
``(2) Civil penalties.--A person who violates paragraph (1)
shall be liable for civil

[[Page S1336]]

penalties to the same extent as a person who does not prepare
a record in the form and manner prescribed under section
14901(a).
``(c) Rulemaking.--
``(1) In general.--Not later than 2 years after the date on
which the safety fitness determination rule is implemented,
the Secretary shall require, by regulation--
``(A) each motor carrier that owns or leases 1 or more
motorcoaches that transport passengers subject to the
Secretary's jurisdiction under section 13501 to prominently
display the safety fitness rating assigned under section
31144(j)(1)(A)(ii)--
``(i) in each terminal of departure;
``(ii) in the motorcoach and visible from a position
exterior to the vehicle at the point of departure, if the
motorcoach does not depart from a terminal; and
``(iii) at all points of sale for such motorcoach services
and operations; and
``(B) any person who sells tickets for motorcoach services
and operations to display the rating system described in
subparagraph (A) at all points of sale for such motorcoach
services and operations.
``(2) Items included in the rulemaking.--In promulgating
safety performance ratings for motorcoaches pursuant to the
rulemaking required under paragraph (1), the Secretary shall
consider--
``(A) the need and extent to which safety performance
ratings should be made available in languages other than
English; and
``(B) penalties authorized under section 521.
``(3) Insufficient inspections.--Any motor carrier for
which insufficient safety data is available shall display a
label that states that the carrier has sufficiently passed
the preauthorization safety audit required under section
13902(b)(1)(A).
``(d) Effect on State and Local Law.--Nothing in this
section may be construed to preempt a State, or a political
subdivision of a State, from enforcing any requirements
concerning the manner and content of consumer information
provided by motor carriers that are not subject to the
Secretary's jurisdiction under section 13501.''.
(2) Clerical amendment.--The analysis of chapter 141 of
title 49, United States Code, is amended by inserting after
the item relating to section 14104 the following:

``Sec. 14105. Safety performance ratings of motorcoach services and
operations.''.

SEC. 32708. REPORT ON FEASIBILITY, BENEFITS, AND COSTS OF
ESTABLISHING A SYSTEM OF CERTIFICATION OF
TRAINING PROGRAMS.

Not later than 2 years after the date of the enactment of
this Act, the Secretary shall submit a report to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that describes the
feasibility, benefits, and costs of establishing a system of
certification of public and private schools and of motor
carriers and motorcoach operators that provide motorcoach
driver training.

SEC. 32709. REPORT ON DRIVER'S LICENSE REQUIREMENTS FOR 9- TO
15-PASSENGER VANS.

(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit a report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that examines requiring all
or certain classes of drivers operating a vehicle, which is
designed or used to transport not fewer than 9 and not more
than 15 passengers (including a driver) in interstate
commerce, to have a commercial driver's license passenger-
carrying endorsement and be tested in accordance with a drug
and alcohol testing program under part 40 of title 49, Code
of Federal Regulations.
(b) Considerations.--In developing the report under
subsection (a), the Secretary shall consider--
(1) the safety benefits of the requirement described in
subsection (a);
(2) the scope of the population that would be impacted by
such requirement;
(3) the cost to the Federal Government and State
governments to meet such requirement; and
(4) the impact on safety benefits and cost from limiting
the application of such requirement to certain drivers of
such vehicles, such as drivers who are compensated for
driving.

SEC. 32710. EVENT DATA RECORDERS.

(a) Evaluation.--Not later than 1 year after the date of
enactment of this Act, the Secretary, after considering the
performance requirements for event data recorders for
passenger vehicles under part 563 of title 49, Code of
Federal Regulations, shall complete an evaluation of event
data recorders, including requirements regarding specific
types of vehicle operations, events and incidents, and
systems information to be recorded, for event data recorders
to be used on motorcoaches used by motor carriers in
interstate commerce.
(b) Standards and Regulations.--Not later than 2 years
after completing the evaluation required under subsection
(a), the Secretary shall issue standards and regulations
based on the results of that evaluation.

SEC. 32711. SAFETY INSPECTION PROGRAM FOR COMMERCIAL MOTOR
VEHICLES OF PASSENGERS.

Not later than 3 years after the date of enactment of this
Act, the Secretary shall complete a rulemaking proceeding to
consider requiring States to conduct annual inspections of
commercial motor vehicles designed or used to transport
passengers, including an assessment of--
(1) the risks associated with improperly maintained or
inspected commercial motor vehicles designed or used to
transport passengers;
(2) the effectiveness of existing Federal standards for the
inspection of such vehicles in--
(A) mitigating the risks described in paragraph (1); and
(B) ensuring the safe and proper operation condition of
such vehicles; and
(3) the costs and benefits of a mandatory State inspection
program.

SEC. 32712. DISTRACTED DRIVING.

(a) In General.--Chapter 311, as amended by sections 32113,
32508, and 32512 of this Act, is amended by adding after
section 31154 the following:

``Sec.  31155. Regulation of the use of distracting devices
in motorcoaches

``(a) In General.--Not later than 1 year after the date of
enactment of the Motorcoach Enhanced Safety Act of 2012, the
Secretary of Transportation shall prescribe regulations on
the use of electronic or wireless devices, including cell
phones and other distracting devices, by an individual
employed as the operator of a motorcoach (as defined in
section 32702 of that Act).
``(b) Basis for Regulations.--The Secretary shall base the
regulations prescribed under subsection (a) on accident data
analysis, the results of ongoing research, and other
information, as appropriate.
``(c) Prohibited Use.--Except as provided under subsection
(d), the Secretary shall prohibit the use of the devices
described in subsection (a) in circumstances in which the
Secretary determines that their use interferes with a
driver's safe operation of a motorcoach.
``(d) Permitted Use.--The Secretary may permit the use of a
device that is otherwise prohibited under subsection (c) if
the Secretary determines that such use is necessary for the
safety of the driver or the public in emergency
circumstances.''.
(b) Conforming Amendment.--The analysis for chapter 311 is
amended by inserting after the item relating to section 31154
the following:

``31155. Regulation of the use of distracting devices in
motorcoaches.''.

SEC. 32713. REGULATIONS.

Any standard or regulation prescribed or modified pursuant
to the Motorcoach Enhanced Safety Act of 2012 shall be
prescribed or modified in accordance with section 553 of
title 5, United States Code.

Subtitle H--Safe Highways and Infrastructure Preservation

SEC. 32801. COMPREHENSIVE TRUCK SIZE AND WEIGHT LIMITS STUDY.

(a) Truck Size and Weight Limits Study.--Not later than 90
days after the date of enactment of this Act, the Secretary,
in consultation with each relevant State and other applicable
Federal agencies, shall commence a comprehensive truck size
and weight limits study. The study shall--
(1) provide data on accident frequency and factors related
to accident risk of each route of the National Highway System
in each State that allows a vehicle to operate with size and
weight limits that are in excess of the Federal law and
regulations and its correlation to truck size and weight
limits;
(2) evaluate the impacts to the infrastructure of each
route of the National Highway System in each State that
allows a vehicle to operate with size and weight limits that
are in excess of the Federal law and regulations, including--
(A) an analysis that quantifies the cost and benefits of
the impacts in dollars;
(B) an analysis of the percentage of trucks operating in
excess of the Federal size and weight limits; and
(C) an analysis that examines the ability of each State to
recover the cost for the impacts, or the benefits incurred;
(3) evaluate the impacts and frequency of violations in
excess of the Federal size and weight law and regulations to
determine the cost of the enforcement of the law and
regulations, and the effectiveness of the enforcement
methods;
(4) examine the relationship between truck performance and
crash involvement and its correlation to Federal size and
weight limits, including the impacts on crashes;
(5) assess the impacts that truck size and weight limits in
excess of the Federal law and regulations have in the risk of
bridge failure contributing to the structural deficiencies of
bridges or in the useful life of a bridge, including the
impacts resulting from the number of bridge loadings;
(6) analyze the impacts on safety and infrastructure in
each State that allows a truck to operate in excess of
Federal size and weight limitations in truck-only lanes;
(7) compare and contrast the safety and infrastructure
impacts of the Federal limits regarding truck size and weight
limits in relation to--
(A) six-axle and other alternative configurations of
tractor-trailers; and
(B) safety records of foreign nations with truck size and
weight limits and tractor-trailer configurations that differ
from the Federal law and regulations; and
(8) estimate--
(A) the extent to which freight would be diverted from
other surface transportation modes to principal arterial
routes and National Highway System intermodal connectors if
each covered truck configuration is

[[Page S1337]]

allowed to operate and the effect that any such diversion
would have on other modes of transportation;
(B) the effect that any such diversion would have on public
safety, infrastructure, cost responsibilities, fuel
efficiency, and the environment;
(C) the effect on the transportation network of the United
States that allowing each covered truck configuration to
operate would have; and
(D) whether allowing each covered truck configuration to
operate would result in an increase or decrease in the total
number of trucks operating on principal arterial routes and
National Highway System intermodal connectors; and
(9) identify all Federal rules and regulations impacted by
changes in truck size and weight limits.
(b) Report.--Not later than 2 years after the date that the
study is commenced under subsection (a), the Secretary shall
submit a final report on the study, including all findings
and recommendations, to the Committee on Commerce, Science,
and Transportation and the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.

SEC. 32802. COMPILATION OF EXISTING STATE TRUCK SIZE AND
WEIGHT LIMIT LAWS.

(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary, in consultation with
the States, shall begin to compile--
(1) a list for each State, as applicable, that describes
each route of the National Highway System that allows a
vehicle to operate in excess of the Federal truck size and
weight limits that--
(A) was authorized under State law on or before the date of
enactment of this Act; and
(B) was in actual and lawful operation on a regular or
periodic basis (including seasonal operations) on or before
the date of enactment of this Act;
(2) a list for each State, as applicable, that describes--
(A) the size and weight limitations applicable to each
segment of the National Highway System in that State as
listed under paragraph (1);
(B) each combination that exceeds the Interstate weight
limit, but that the Department of Transportation, other
Federal agency, or a State agency has determined on or before
the date of enactment of this Act, could be or could have
been lawfully operated in the State; and
(C) each combination that exceeds the Interstate weight
limit, but that the Secretary determines could have been
lawfully operated on a non-Interstate segment of the National
Highway System in the State on or before the date of
enactment of this Act; and
(3) a list of each State law that designates or allows
designation of size and weight limitations in excess of
Federal law and regulations on routes of the National Highway
System, including nondivisible loads.
(b) Specifications.--The Secretary, in consultation with
the States, shall specify whether the determinations under
paragraphs (1) and (2) of subsection (a) were made by the
Department of Transportation, other Federal agency, or a
State agency.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit a final
report of the compilation under subsection (a) to the
Committee on Commerce, Science, and Transportation and the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives.

Subtitle I--Miscellaneous

PART I--MISCELLANEOUS

SEC. 32911. DETENTION TIME STUDY.

(a) Study.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall task the Motor
Carrier Safety Advisory Committee to study the extent to
which detention time contributes to drivers violating hours
of service requirements and driver fatigue. In conducting
this study, the Committee shall--
(1) examine data collected from driver and vehicle
inspections;
(2) consult with--
(A) motor carriers and drivers, shippers, and
representatives of ports and other facilities where goods are
loaded and unloaded;
(B) government officials; and
(C) other parties as appropriate; and
(3) provide recommendations to the Secretary for addressing
issues identified in the study.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall provide a report
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that includes
recommendations for legislation and for addressing the
results of the study.

SEC. 32912. PROHIBITION OF COERCION.

Section 31136(a) is amended by--
(1) striking ``and'' at the end of paragraph (3);
(2) striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) adding after subsection (4) the following:
``(5) an operator of a commercial motor vehicle is not
coerced by a motor carrier, shipper, receiver, or
transportation intermediary to operate a commercial motor
vehicle in violation of a regulation promulgated under this
section, or chapter 51 or chapter 313 of this title.''.

SEC. 32913. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

(a) Membership.--Section 4144(b)(1) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (49 U.S.C. 31100 note), is amended by
inserting ``nonprofit employee labor organizations
representing commercial motor vehicle drivers,'' after
``industry,''.
(b) Termination Date.--Section 4144(d) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (49 U.S.C. 31100 note), is amended by
striking ``March 31, 2012'' and inserting ``September 30,
2013''.

SEC. 32914. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS.

(a) Waiver Standards.--Section 31315(a) is amended--
(1) by inserting ``and'' at the end of paragraph (2);
(2) by striking paragraph (3); and
(3) redesignating paragraph (4) as paragraph (3).
(b) Exemption Standards.--Section 31315(b)(4) is amended--
(1) in subparagraph (A), by inserting ``(or, in the case of
a request for an exemption from the physical qualification
standards for commercial motor vehicle drivers, post on a web
site established by the Secretary to implement the
requirements of section 31149)'' after ``Federal Register'';
(2) by amending subparagraph (B) to read as follows:
``(B) Upon granting a request.--Upon granting a request and
before the effective date of the exemption, the Secretary
shall publish in the Federal Register (or, in the case of an
exemption from the physical qualification standards for
commercial motor vehicle drivers, post on a web site
established by the Secretary to implement the requirements of
section 31149) the name of the person granted the exemption,
the provisions from which the person is exempt, the effective
period, and the terms and conditions of the exemption.''; and
(3) in subparagraph (C), by inserting ``(or, in the case of
a request for an exemption from the physical qualification
standards for commercial motor vehicle drivers, post on a web
site established by the Secretary to implement the
requirements of section 31149)'' after ``Federal Register''.
(c) Providing Notice of Exemptions to State Personnel.--
Section 31315(b)(7) is amended to read as follows:
``(7) Notification of state compliance and enforcement
personnel.--Before the effective date of an exemption, the
Secretary shall notify a State safety compliance and
enforcement agency, and require the agency pursuant to
section 31102(b)(1)(Y) to notify the State's roadside
inspectors, that a person will be operating pursuant to an
exemption and the terms and conditions that apply to the
exemption.''.
(d) Pilot Programs.--Section 31315(c)(1) is amended by
striking ``in the Federal Register''.
(e) Report to Congress.--Section 31315 is amended by adding
after subsection (d) the following:
``(e) Report to Congress.--The Secretary shall submit an
annual report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives listing the waivers, exemptions, and pilot
programs granted under this section, and any impacts on
safety.
``(f) Web Site.--The Secretary shall ensure that the
Federal Motor Carrier Safety Administration web site includes
a link to the web site established by the Secretary to
implement the requirements under sections 31149 and 31315.
The link shall be in a clear and conspicuous location on the
home page of the Federal Motor Carrier Safety Administration
web site and be easily accessible to the public.''.

SEC. 32915. REGISTRATION REQUIREMENTS.

(a) Requirements for Registration.--Section 13901 is
amended to read as follows:

``Sec.  13901. Requirements for registration

``(a) In General.--A person may not provide transportation
as a motor carrier subject to jurisdiction under subchapter I
of chapter 135 or service as a freight forwarder subject to
jurisdiction under subchapter III of such chapter, or be a
broker for transportation subject to jurisdiction under
subchapter I of such chapter unless the person is registered
under this chapter to provide such transportation or service.
``(b) Registration Numbers.--
``(1) In general.--If the Secretary registers a person
under this chapter to provide transportation or service,
including as a motor carrier, freight forwarder, or broker,
the Secretary shall issue a distinctive registration number
to the person for each such authority to provide
transportation or service for which the person is registered.
``(2) Transportation or service type indicator.--A number
issued under paragraph (1) shall include an indicator of the
type of transportation or service for which the registration
number is issued, including whether the registration number
is issued for registration of a motor carrier, freight
forwarder, or broker.
``(c) Specification of Authority.--For each agreement to
provide transportation or service for which registration is
required under this chapter, the registrant shall

[[Page S1338]]

specify, in writing, the authority under which the person is
providing such transportation or service.''.
(b) Availability of Information.--
(1) In general.--Chapter 139 is amended by adding at the
end the following:

``Sec.  13909. Availability of information

``The Secretary shall make information relating to
registration and financial security required by this chapter
publicly available on the Internet, including
``(1) the names and business addresses of the principals of
each entity holding such registration; and
``(2) the electronic address of the entity's surety
provider for the submission of claims.''.
(2) Conforming amendment.--The analysis for chapter 139 is
amended by adding at the end the following:

``13909. Availability of information.''.

SEC. 32916. ADDITIONAL MOTOR CARRIER REGISTRATION
REQUIREMENTS.

Section 13902, as amended by sections 32101 and 32107(a) of
this Act, is amended
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``using self-propelled
vehicles the motor carrier owns or leases'' after ``motor
carrier''; and
(B) by adding at the end the following:
``(6) Separate registration required.--A motor carrier may
not broker transportation services unless the motor carrier
has registered as a broker under this chapter.''; and
(2) by inserting after subsection (h) the following:
``(i) Registration as Freight Forwarder or Broker
Required.--A motor carrier registered under this chapter
``(1) may only provide transportation of property with
self-propelled motor vehicles owned or leased by the motor
carrier or interchanges under regulations issued by the
Secretary if the originating carrier--
``(A) physically transports the cargo at some point; and
``(B) retains liability for the cargo and for payment of
interchanged carriers; and
``(2) may not arrange transportation described in paragraph
(1) unless the motor carrier has obtained a separate
registration as a freight forwarder or broker for
transportation under section 13903 or 13904, as
applicable.''.

SEC. 32917. REGISTRATION OF FREIGHT FORWARDERS AND BROKERS.

(a) Registration of Freight Forwarders.--Section 13903, as
amended by section 32107(b) of this Act, is amended--
(1) in subsection (a)--
(A) by striking ``finds that the person is fit'' and
inserting the following: ``determines that the person
``(1) has sufficient experience to qualify the person to
act as a freight forwarder; and
``(2) is fit''; and
(B) by striking ``and the Board'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (a) the following:
``(b) Duration.--A registration issued under subsection (a)
shall only remain in effect while the freight forwarder is in
compliance with section 13906(c).
``(c) Experience or Training Requirement.--Each freight
forwarder shall employ, as an officer, an individual who
``(1) has at least 3 years of relevant experience; or
``(2) provides the Secretary with satisfactory evidence of
the individual's knowledge of related rules, regulations, and
industry practices.''; and
(4) by amending subsection (d), as redesignated, to read as
follows:
``(d) Registration as Motor Carrier Required.--A freight
forwarder may not provide transportation as a motor carrier
unless the freight forwarder has registered separately under
this chapter to provide transportation as a motor carrier.''.
(b) Registration of Brokers.--Section 13904, as amended by
section 32107(c) of this Act, is amended--
(1) in subsection (a), by striking ``finds that the person
is fit'' and inserting the following: ``determines that the
person
``(1) has sufficient experience to qualify the person to
act as a broker for transportation; and
``(2) is fit'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (d), (e), (f), and (g) respectively;
(3) by inserting after subsection (a) the following:
``(b) Duration.--A registration issued under subsection (a)
shall only remain in effect while the broker for
transportation is in compliance with section 13906(b).
``(c) Experience or Training Requirements.--Each broker
shall employ, as an officer, an individual who
``(1) has at least 3 years of relevant experience; or
``(2) provides the Secretary with satisfactory evidence of
the individual's knowledge of related rules, regulations, and
industry practices.''; and
(4) by amending subsection (d), as redesignated, to read as
follows:
``(d) Registration as Motor Carrier Required.--A broker for
transportation may not provide transportation as a motor
carrier unless the broker has registered separately under
this chapter to provide transportation as a motor carrier.''.

SEC. 32918. EFFECTIVE PERIODS OF REGISTRATION.

Section 13905(c) is amended to read as follows:
``(c) Effective Period.--
``(1) In general.--Except as otherwise provided in this
part, each registration issued under section 13902, 13903, or
13904--
``(A) shall be effective beginning on the date specified by
the Secretary; and
``(B) shall remain in effect for such period as the
Secretary determines appropriate by regulation.
``(2) Reissuance of registration.--
``(A) Requirement.--Not later than 4 years after the date
of the enactment of the Commercial Motor Vehicle Safety
Enhancement Act of 2012, the Secretary shall require a
freight forwarder or broker to renew its registration issued
under this chapter.
``(B) Effective period.--Each registration renewal under
subparagraph (A)--
``(i) shall expire not later than 5 years after the date of
such renewal; and
``(ii) may be further renewed as provided under this
chapter.
``(3) Registration update.--The Secretary shall require a
motor carrier, freight forwarder, or broker to update its
registration under this chapter periodically or not later
than 30 days after any change in address, other contact
information, officers, process agent, or other essential
information, as determined by the Secretary and published in
the Federal Register.''.

SEC. 32919. FINANCIAL SECURITY OF BROKERS AND FREIGHT
FORWARDERS.

(a) In General.--Section 13906 is amended by striking
subsections (b) and (c) and inserting the following:
``(b) Broker Financial Security Requirements.--
``(1) Requirements.--
``(A) In general.--The Secretary may register a person as a
broker under section 13904 only if the person files with the
Secretary a surety bond, proof of trust fund, or other
financial security, or a combination thereof, in a form and
amount, and from a provider, determined by the Secretary to
be adequate to ensure financial responsibility.
``(B) Use of a group surety bond, trust fund, or other
surety.--In implementing the standards established by
subparagraph (A), the Secretary may authorize the use of a
group surety bond, trust fund, or other financial security,
or a combination thereof, that meets the requirements of this
subsection.
``(C) Surety bonds.--A surety bond obtained under this
section may only be obtained from a bonding company that has
been approved by the Secretary of the Treasury.
``(D) Proof of trust or other financial security.--For
purposes of subparagraph (A), a trust fund or other financial
security may be acceptable to the Secretary only if the trust
fund or other financial security consists of assets readily
available to pay claims without resort to personal guarantees
or collection of pledged accounts receivable.
``(2) Scope of financial responsibility.--
``(A) Payment of claims.--A surety bond, trust fund, or
other financial security obtained under paragraph (1) shall
be available to pay any claim against a broker arising from
its failure to pay freight charges under its contracts,
agreements, or arrangements for transportation subject to
jurisdiction under chapter 135 if
``(i) subject to the review by the surety provider, the
broker consents to the payment;
``(ii) in any case in which the broker does not respond to
adequate notice to address the validity of the claim, the
surety provider determines that the claim is valid; or
``(iii) the claim is not resolved within a reasonable
period of time following a reasonable attempt by the claimant
to resolve the claim under clauses (i) and (ii), and the
claim is reduced to a judgment against the broker.
``(B) Response of surety providers to claims.--If a surety
provider receives notice of a claim described in subparagraph
(A), the surety provider shall
``(i) respond to the claim on or before the 30th day
following the date on which the notice was received; and
``(ii) in the case of a denial, set forth in writing for
the claimant the grounds for the denial.
``(C) Costs and attorney's fees.--In any action against a
surety provider to recover on a claim described in
subparagraph (A), the prevailing party shall be entitled to
recover its reasonable costs and attorney's fees.
``(3) Minimum financial security.--Each broker subject to
the requirements of this section shall provide financial
security of $100,000 for purposes of this subsection,
regardless of the number of branch offices or sales agents of
the broker.
``(4) Cancellation notice.--If a financial security
required under this subsection is canceled
``(A) the holder of the financial security shall provide
electronic notification to the Secretary of the cancellation
not later than 30 days before the effective date of the
cancellation; and
``(B) the Secretary shall immediately post such
notification on the public Internet Website of the Department
of Transportation.
``(5) Suspension.--The Secretary shall immediately suspend
the registration of a broker issued under this chapter if the
available financial security of that person falls below the
amount required under this subsection.
``(6) Payment of claims in cases of financial failure or
insolvency.--If a broker

[[Page S1339]]

registered under this chapter experiences financial failure
or insolvency, the surety provider of the broker shall
``(A) submit a notice to cancel the financial security to
the Administrator in accordance with paragraph (4);
``(B) publicly advertise for claims for 60 days beginning
on the date of publication by the Secretary of the notice to
cancel the financial security; and
``(C) pay, not later than 30 days after the expiration of
the 60-day period for submission of claims
``(i) all uncontested claims received during such period;
or
``(ii) a pro rata share of such claims if the total amount
of such claims exceeds the financial security available.
``(7) Penalties.--
``(A) Civil actions.--Either the Secretary or the Attorney
General of the United States may bring a civil action in an
appropriate district court of the United States to enforce
the requirements of this subsection or a regulation
prescribed or order issued under this subsection. The court
may award appropriate relief, including injunctive relief.
``(B) Civil penalties.--If the Secretary determines, after
notice and opportunity for a hearing, that a surety provider
of a broker registered under this chapter has violated the
requirements of this subsection or a regulation prescribed
under this subsection, the surety provider shall be liable to
the United States for a civil penalty in an amount not to
exceed $10,000.
``(C) Eligibility.--If the Secretary determines, after
notice and opportunity for a hearing, that a surety provider
of a broker registered under this chapter has violated the
requirements of this subsection or a regulation prescribed
under this subsection, the surety provider shall be
ineligible to provider broker financial security for 3 years.
``(8) Financial security amount assessment.--Every 5 years,
the Secretary shall review, with public notice and comment,
the amount of the financial security required under this
subsection to determine whether such amounts are sufficient
to provide adequate financial security, and shall be
authorized to increase those amounts, if necessary, based
upon that determination.
``(c) Freight Forwarder Financial Security Requirements.--
``(1) Requirements.--
``(A) In general.--The Secretary may register a person as a
freight forwarder under section 13903 only if the person
files with the Secretary a surety bond, proof of trust fund,
other financial security, or a combination of such
instruments, in a form and amount, and from a provider,
determined by the Secretary to be adequate to ensure
financial responsibility.
``(B) Use of a group surety bond, trust fund, or other
financial security.--In implementing the standards
established under subparagraph (A), the Secretary may
authorize the use of a group surety bond, trust fund, other
financial security, or a combination of such instruments,
that meets the requirements of this subsection.
``(C) Surety bonds.--A surety bond obtained under this
section may only be obtained from a bonding company that has
been approved by the Secretary of the Treasury.
``(D) Proof of trust or other financial security.--For
purposes of subparagraph (A), a trust fund or other financial
security may not be accepted by the Secretary unless the
trust fund or other financial security consists of assets
readily available to pay claims without resort to personal
guarantees or collection of pledged accounts receivable.
``(2) Scope of financial responsibility.--
``(A) Payment of claims.--A surety bond, trust fund, or
other financial security obtained under paragraph (1) shall
be available to pay any claim against a freight forwarder
arising from its failure to pay freight charges under its
contracts, agreements, or arrangements for transportation
subject to jurisdiction under chapter 135 if
``(i) subject to the review by the surety provider, the
freight forwarder consents to the payment;
``(ii) in the case the freight forwarder does not respond
to adequate notice to address the validity of the claim, the
surety provider determines the claim is valid; or
``(iii) the claim--

``(I) is not resolved within a reasonable period of time
following a reasonable attempt by the claimant to resolve the
claim under clauses (i) and (ii); and
``(II) is reduced to a judgment against the freight
forwarder.

``(B) Response of surety providers to claims.--If a surety
provider receives notice of a claim described in subparagraph
(A), the surety provider shall
``(i) respond to the claim on or before the 30th day
following receipt of the notice; and
``(ii) in the case of a denial, set forth in writing for
the claimant the grounds for the denial.
``(C) Costs and attorney's fees.--In any action against a
surety provider to recover on a claim described in
subparagraph (A), the prevailing party shall be entitled to
recover its reasonable costs and attorney's fees.
``(3) Freight forwarder insurance.--
``(A) In general.--The Secretary may register a person as a
freight forwarder under section 13903 only if the person
files with the Secretary a surety bond, insurance policy, or
other type of financial security that meets standards
prescribed by the Secretary.
``(B) Liability insurance.--A financial security filed by a
freight forwarder under subparagraph (A) shall be sufficient
to pay an amount, not to exceed the amount of the financial
security, for each final judgment against the freight
forwarder for bodily injury to, or death of, an individual,
or loss of, or damage to, property (other than property
referred to in subparagraph (C)), resulting from the
negligent operation, maintenance, or use of motor vehicles
by, or under the direction and control of, the freight
forwarder while providing transfer, collection, or delivery
service under this part.
``(C) Cargo insurance.--The Secretary may require a
registered freight forwarder to file with the Secretary a
surety bond, insurance policy, or other type of financial
security approved by the Secretary, that will pay an amount,
not to exceed the amount of the financial security, for loss
of, or damage to, property for which the freight forwarder
provides service.
``(4) Minimum financial security.--Each freight forwarder
subject to the requirements of this section shall provide
financial security of $100,000, regardless of the number of
branch offices or sales agents of the freight forwarder.
``(5) Cancellation notice.--If a financial security
required under this subsection is canceled
``(A) the holder of the financial security shall provide
electronic notification to the Secretary of the cancellation
not later than 30 days before the effective date of the
cancellation; and
``(B) the Secretary shall immediately post such
notification on the public Internet web site of the
Department of Transportation.
``(6) Suspension.--The Secretary shall immediately suspend
the registration of a freight forwarder issued under this
chapter if its available financial security falls below the
amount required under this subsection.
``(7) Payment of claims in cases of financial failure or
insolvency.--If a freight forwarder registered under this
chapter experiences financial failure or insolvency, the
surety provider of the freight forwarder shall
``(A) submit a notice to cancel the financial security to
the Administrator in accordance with paragraph (5);
``(B) publicly advertise for claims for 60 days beginning
on the date of publication by the Secretary of the notice to
cancel the financial security; and
``(C) pay, not later than 30 days after the expiration of
the 60-day period for submission of claims
``(i) all uncontested claims received during such period;
or
``(ii) a pro rata share of such claims if the total amount
of such claims exceeds the financial security available.
``(8) Penalties.--
``(A) Civil actions.--Either the Secretary or the Attorney
General may bring a civil action in an appropriate district
court of the United States to enforce the requirements of
this subsection or a regulation prescribed or order issued
under this subsection. The court may award appropriate
relief, including injunctive relief.
``(B) Civil penalties.--If the Secretary determines, after
notice and opportunity for a hearing, that a surety provider
of a freight forwarder registered under this chapter has
violated the requirements of this subsection or a regulation
prescribed under this subsection, the surety provider shall
be liable to the United States for a civil penalty in an
amount not to exceed $10,000.
``(C) Eligibility.--If the Secretary determines, after
notice and opportunity for a hearing, that a surety provider
of a freight forwarder registered under this chapter has
violated the requirements of this subsection or a regulation
prescribed under this subsection, the surety provider shall
be ineligible to provide freight forwarder financial security
for 3 years.
``(9) Financial security and insurance amount assessment.--
Not less frequently than once every 5 years, the Secretary--
``(A) shall review, with public notice and comment, the
amount of the financial security and insurance required under
this subsection to determine whether such amounts are
sufficient to provide adequate financial security; and
``(B) may increase such amounts, if necessary, based upon
the determination under subparagraph (A).''.
(b) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue regulations
to implement and enforce the requirements under subsections
(b) and (c) of section 13906 of title 49, United States Code,
as amended by subsection (a).
(c) Effective Date.--The amendments made by subsection (a)
shall take effect on the date that is 1 year after the date
of enactment of this Act.

SEC. 32920. UNLAWFUL BROKERAGE ACTIVITIES.

(a) In General.--Chapter 149 is amended by adding at the
end the following:

``Sec.  14916. Unlawful brokerage activities

``(a) Prohibited Activities.--Any person that acts as a
broker, other than a non-vessel-operating common carrier (as
defined in section 40102(16) of title 46) or an ocean freight
forwarder providing brokerage as part of an international
through movement involving ocean transportation between the
United States and a foreign port, is prohibited from
providing interstate brokerage services as a broker unless
that person
``(1) is registered under, and in compliance with, section
13903; and

[[Page S1340]]

``(2) has satisfied the financial security requirements
under section 13904.
``(b) Civil Penalties and Private Cause of Action.--Any
person who knowingly authorizes, consents to, or permits,
directly or indirectly, either alone or in conjunction with
any other person, a violation of subsection (a) is liable
``(1) to the United States Government for a civil penalty
in an amount not to exceed $10,000 for each violation; and
``(2) to the injured party for all valid claims incurred
without regard to amount.
``(c) Liable Parties.--The liability for civil penalties
and for claims under this section for unauthorized brokering
shall apply, jointly and severally
``(1) to any corporate entity or partnership involved; and
``(2) to the individual officers, directors, and principals
of such entities.''.
(b) Clerical Amendment.--The analysis for chapter 149 is
amended by adding at the end the following:

``14916. Unlawful brokerage activities.''.

PART II--HOUSEHOLD GOODS TRANSPORTATION

SEC. 32921. ADDITIONAL REGISTRATION REQUIREMENTS FOR
HOUSEHOLD GOODS MOTOR CARRIERS.

(a) Section 13902(a)(2) is amended--
(1) in subparagraph (B), by striking ``section 13702(c);''
and inserting ``section 13702(c); and'';
(2) by amending subparagraph (C) to read as follows:
``(C) demonstrates, before being registered, through
successful completion of a proficiency examination
established by the Secretary, knowledge and intent to comply
with applicable Federal laws relating to consumer protection,
estimating, consumers' rights and responsibilities, and
options for limitations of liability for loss and damage.'';
and
(3) by striking subparagraph (D).
(b) Compliance Reviews of New Household Goods Motor
Carriers.--Section 31144(g), as amended by section 32102 of
this Act, is amended by adding at the end the following:
``(6) Additional requirements for household goods motor
carriers.--(A) In addition to the requirements of this
subsection, the Secretary shall require, by regulation, each
registered household goods motor carrier to undergo a
consumer protection standards review not later than 18 months
after the household goods motor carrier begins operations
under such authority.
``(B) Elements.--In the regulations issued pursuant to
subparagraph (A), the Secretary shall establish the elements
of the consumer protections standards review, including basic
management controls. In establishing the elements, the
Secretary shall consider the effects on small businesses and
shall consider establishing alternate locations where such
reviews may be conducted for the convenience of small
businesses.''.
(c) Effective Date.--The amendments made by this section
shall take effect 2 years after the date of enactment of this
Act.

SEC. 32922. FAILURE TO GIVE UP POSSESSION OF HOUSEHOLD GOODS.

(a) Injunctive Relief.--Section 14704(a)(1) is amended by
striking ``and 14103'' and inserting ``, 14103, and
14915(c)''.
(b) Civil Penalties.--Section 14915(a)(1) is amended by
adding at the end the following:
``The United States may assign all or a portion of the
civil penalty to an aggrieved shipper. The Secretary of
Transportation shall establish criteria upon which such
assignments shall be made. The Secretary may order, after
notice and an opportunity for a proceeding, that a person
found holding a household goods shipment hostage return the
goods to an aggrieved shipper.''.

SEC. 32923. SETTLEMENT AUTHORITY.

(a) Settlement of General Civil Penalties.--Section 14901
is amended by adding at the end the following:
``(h) Settlement of Household Goods Civil Penalties.--
Nothing in this section shall be construed to prohibit the
Secretary from accepting partial payment of a civil penalty
as part of a settlement agreement in the public interest, or
from holding imposition of any part of a civil penalty in
abeyance.''.
(b) Settlement of Household Goods Civil Penalties.--Section
14915(a) is amended by adding at the end the following:
``(4) Settlement authority.--Nothing in this section shall
be construed as prohibiting the Secretary from accepting
partial payment of a civil penalty as part of a settlement
agreement in the public interest, or from holding imposition
of any part of a civil penalty in abeyance.''.

SEC. 32924. HOUSEHOLD GOODS TRANSPORTATION ASSISTANCE
PROGRAM.

(a) Joint Assistance Program.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall
develop and implement a joint assistance program, through the
Federal Motor Carrier Safety Administration--
(1) to educate consumers about the household goods motor
carrier industry pursuant to the recommendations of the task
force established under section 32925 of this Act;
(2) to improve the Federal Motor Carrier Safety
Administration's implementation, monitoring, and coordination
of Federal and State household goods enforcement activities;
(3) to assist a consumer with the timely resolution of an
interstate household goods hostage situation, as appropriate;
and
(4) to conduct other enforcement activities as designated
by the Secretary.
(b) Joint Assistance Program Partnership.--The Secretary--
(1) may partner with 1 or more household goods motor
carrier industry groups to implement the joint assistance
program under subsection (a); and
(2) shall ensure that each participating household goods
motor carrier industry group--
(A) implements the joint assistance program in the best
interest of the consumer;
(B) implements the joint assistance program in the public
interest;
(C) accurately represents its financial interests in
providing household goods mover services in the normal course
of business and in assisting consumers resolving hostage
situations;
(D) does not hold itself out or misrepresent itself as an
agent of the Federal government;
(E) abides by Federal regulations and guidelines for the
provision of assistance and receipt of compensation for
household goods mover services; and
(F) accurately represents the Federal and State remedies
that are available to consumers for resolving interstate
household goods hostage situations.
(c) Report.--The Secretary shall submit a report annually
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives providing a
detailed description of the joint assistance program under
subsection (a).
(d) Prohibition.--The joint assistance program under
subsection (a) may not include the provision of funds by the
United States to a consumer for lost, stolen, or damaged
items.

SEC. 32925. HOUSEHOLD GOODS CONSUMER EDUCATION PROGRAM.

(a) Task Force.--The Secretary of Transportation shall
establish a task force to develop recommendations to ensure
that a consumer is informed of Federal law concerning the
transportation of household goods by a motor carrier,
including recommendations--
(1) on how to condense publication ESA 03005 of the Federal
Motor Carrier Safety Administration into a format that can be
more easily used by a consumer; and
(2) on the use of state-of-the-art education techniques and
technologies, including the use of the Internet as an
educational tool.
(b) Task Force Members.--The task force shall be comprised
of--
(1) individuals with expertise in consumer affairs;
(2) educators with expertise in how people learn most
effectively; and
(3) representatives of the household goods moving industry.
(c) Recommendations.--Not later than 1 year after the date
of enactment of this Act, the task force shall complete its
recommendations under subsection (a). Not later than 1 year
after the task force completes its recommendations under
subsection (a), the Secretary shall issue regulations
implementing the recommendations, as appropriate.
(d) Federal Advisory Committee Act Exemption.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
task force.
(e) Termination.--The task force shall terminate 2 years
after the date of enactment of this Act.

PART III--TECHNICAL AMENDMENTS

SEC. 32931. UPDATE OF OBSOLETE TEXT.

(a) Section 31137(e), as redesignated by section 32301 of
this Act, is amended by striking ``Not later than December 1,
1990, the Secretary shall prescribe'' and inserting ``The
Secretary shall maintain''.
(b) Section 31151(a) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary of Transportation shall
maintain a program to ensure that intermodal equipment used
to transport intermodal containers is safe and systematically
maintained.''; and
(2) by striking paragraph (4).
(c) Section 31307(b) is amended by striking ``Not later
than December 18, 1994, the Secretary shall prescribe'' and
inserting ``The Secretary shall maintain''.
(d) Section 31310(g)(1) is amended by striking ``Not later
than 1 year after the date of enactment of this Act, the''
and inserting ``The''.
(e) Section 4123(f) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (119
Stat. 1736), is amended by striking ``Not later than 1 year
after the date of enactment of this Act, the'' and inserting
``The''.

SEC. 32932. CORRECTION OF INTERSTATE COMMERCE COMMISSION
REFERENCES.

(a) Safety Information and Intervention in Interstate
Commerce Commission Proceedings.--Chapter 3 is amended--
(1) by repealing section 307;
(2) in the analysis, by striking the item relating to
section 307;
(3) in section 333(d)(1)(C), by striking ``Interstate
Commerce Commission'' and inserting ``Surface Transportation
Board''; and
(4) in section 333(e)--
(A) by striking ``Interstate Commerce Commission'' and
inserting ``Surface Transportation Board''; and
(B) by striking ``Commission'' and inserting ``Board''.
(b) Filing and Procedure for Application to Abandon or
Discontinue.--Section 10903(b)(2) is amended by striking
``24706(c) of this title'' and inserting ``24706(c) of this
title before May 31, 1998''.

[[Page S1341]]

(c) Technical Amendments to Part C of Subtitle V.--
(1) Section 24307(b)(3) is amended by striking ``Interstate
Commerce Commission'' and inserting ``Surface Transportation
Board''.
(2) Section 24311 is amended--
(A) by striking ``Interstate Commerce Commission'' and
inserting ``Surface Transportation Board'';
(B) by striking ``Commission'' each place it appears and
inserting ``Board''; and
(C) by striking ``Commission's'' and inserting ``Board's''.
(3) Section 24902 is amended--
(A) by striking ``Interstate Commerce Commission'' each
place it appears and inserting ``Surface Transportation
Board''; and
(B) by striking ``Commission'' each place it appears and
inserting ``Board''.
(4) Section 24904 is amended--
(A) by striking ``Interstate Commerce Commission'' and
inserting ``Surface Transportation Board''; and
(B) by striking ``Commission'' each place it appears and
inserting ``Board''.

SEC. 32933. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Section 13905(f)(1)(A) is amended by striking ``section
13904(c)'' and inserting ``section 13904(e)'';
(b) Section 14504a(c)(1) is amended--
(1) in subparagraph (C), by striking ``sections'' and
inserting ``section''; and
(2) in subparagraph (D)(ii)(II) by striking the period at
the end and inserting ``; and''.
(c) Section 31103(a) is amended by striking ``section
31102(b)(1)(E)'' and inserting ``section 31102(b)(2)(E)''.
(d) Section 31103(b) is amended by striking ``authorized by
section 31104(f)(2)''.
(e) Section 31309(b)(2) is amended by striking ``31308(2)''
and inserting ``31308(3)''.

TITLE III--SURFACE TRANSPORTATION AND FREIGHT POLICY ACT OF 2012

SEC. 33001. SHORT TITLE.

This title may be cited as the ``Surface Transportation and
Freight Policy Act of 2012''.

SEC. 33002. ESTABLISHMENT OF A NATIONAL SURFACE
TRANSPORTATION AND FREIGHT POLICY.

(a) In General.--Subchapter I of chapter 3 of title 49,
United States Code, as amended by section 32932 of the
Commercial Motor Vehicle Safety Enhancement Act of 2012, is
amended--
(1) by redesignating sections 304 through 306 as sections
307 through 309, respectively;
(2) by redesignating sections 308 and 309 as sections 310
and 311, respectively;
(3) by redesignating sections 303 and 303a as sections 305
and 306, respectively; and
(4) by inserting after section 302 the following:

``Sec.  303. National surface transportation policy

``(a) Policy.--It is the policy of the United States to
develop a comprehensive national surface transportation
system that advances the national interest and defense,
interstate and foreign commerce, the efficient and safe
interstate mobility of people and goods, and the protection
of the environment. The system shall be built, maintained,
managed, and operated as a partnership between the Federal,
State, and local governments and the private sector and shall
be coordinated with the overall transportation system of the
United States, including the Nation's air, rail, pipeline,
and water transportation systems. The Secretary of
Transportation shall be responsible for carrying out this
policy.
``(b) Objectives.--The objectives of the policy shall be to
facilitate and advance--
``(1) the improved accessibility and reduced travel times
for persons and goods within and between nations, regions,
States, and metropolitan areas;
``(2) the safety of the public;
``(3) the security of the Nation and the public;
``(4) environmental protection;
``(5) energy conservation and security, including reducing
transportation-related energy use;
``(6) international and interstate freight movement, trade
enhancement, job creation, and economic development;
``(7) responsible planning to address population
distribution and employment and sustainable development;
``(8) the preservation and adequate performance of system-
critical transportation assets, as defined by the Secretary;
``(9) reasonable access to the national surface
transportation system for all system users, including rural
communities;
``(10) the sustainable and adequate financing of the
national surface transportation system; and
``(11) innovation in transportation services,
infrastructure, and technology.
``(c) Goals.--
``(1) Specific goals.--The goals of the policy shall be--
``(A) to reduce average per capita peak period travel times
on an annual basis;
``(B) to reduce national motor vehicle-related and truck-
related fatalities by 50 percent by 2030;
``(C) to reduce national surface transportation delays per
capita on an annual basis;
``(D) to improve the access to employment opportunities and
other economic activities;
``(E) to increase the percentage of system-critical surface
transportation assets, as defined by the Secretary, that are
in a state of good repair by 20 percent by 2030;
``(F) to improve access to public transportation, intercity
passenger rail services, and non-motorized transportation
where travel demand warrants;
``(G) to reduce passenger and freight transportation
infrastructure-related delays entering into and out of
international points of entry on an annual basis;
``(H) to increase travel time reliability on major freight
corridors that connect major population centers to freight
generators and international gateways on an annual basis;
``(I) to ensure adequate transportation of domestic energy
supplies and promote energy security;
``(J) to maintain or reduce the percentage of gross
domestic product consumed by transportation costs; and
``(K) to reduce transportation-related impacts on the
environment and on communities.
``(2) Baselines.--Not later than 2 years after the date of
enactment of the Surface Transportation and Freight Policy
Act of 2012, the Secretary shall develop baselines for the
goals and shall determine appropriate methods of data
collection to measure the attainment of the goals.''.
(b) Freight Policy.--Subchapter I of chapter 3 of title 49,
United States Code, as amended by section 33002(a) of this
Act, is amended by adding at the end the following:

``Sec.  312. National freight transportation policy.

``(a) National Freight Transportation Policy.--It is the
policy of the United States to improve the efficiency,
operation, and security of the national transportation system
to move freight by leveraging investments and promoting
partnerships that advance interstate and foreign commerce,
promote economic competitiveness and job creation, improve
the safe and efficient mobility of goods, and protect the
public health and the environment.
``(b) Objectives.--The objectives of the policy are--
``(1) to target investment in freight transportation
projects that strengthen the economic competitiveness of the
United States with a focus on domestic industries and
businesses and the creation and retention of high-value jobs;
``(2) to promote and advance energy conservation and the
environmental sustainability of freight movements;
``(3) to facilitate and advance the safety and health of
the public, including communities adjacent to freight
movements;
``(4) to provide for systematic and balanced investment to
improve the overall performance and reliability of the
national transportation system to move freight, including
ensuring trade facilitation and transportation system
improvements are mutually supportive;
``(5) to promote partnerships between Federal, State, and
local governments, the private sector, and other
transportation stakeholders to leverage investments in
freight transportation projects; and
``(6) to encourage adoption of operational policies, such
as intelligent transportation systems, to improve the
efficiency of freight-related transportation movements and
infrastructure.''.
(c) Conforming Amendments.--The table of contents for
chapter 3 of title 49, United States Code, is amended--
(1) by redesignating the items relating to sections 304
through 306 as sections 307 through 309, respectively;
(2) by redesignating the items relating to sections 308 and
309 as sections 310 and 311, respectively;
(3) by redesignating the items relating to sections 303 and
303a as sections 305 and 306, respectively;
(4) by inserting after the item relating to section 302 the
following:

``303. National surface transportation policy.'';

and
(5) by inserting after the item relating to section 311 the
following:

``312. National freight transportation policy.''.

SEC. 33003. SURFACE TRANSPORTATION AND FREIGHT STRATEGIC
PLAN.

(a) Surface Transportation and Freight Strategic Plan.--
Subchapter I of chapter 3 of title 49, United States Code, as
amended by section 33002 of this Act, is amended by inserting
after section 303 the following--

``Sec.  304. National surface transportation and freight
strategic performance plan.

``(a) Development.--Not later than 2 years after the date
of enactment of the Surface Transportation and Freight Policy
Act of 2012, the Secretary of Transportation shall develop
and implement a National Surface Transportation and Freight
Performance Plan to achieve the policy, objectives, and goals
set forth in sections 303 and 312 .
``(b) Contents.--The plan shall include--
``(1) an assessment of the current performance of the
national surface transportation system and an analysis of the
system's ability to achieve the policy, objectives, and goals
set forth in sections 303 and 312;
``(2) an analysis of emerging and long-term projected
trends, including economic and national trade policies, that
will impact the performance, needs, and uses of the national
surface transportation system, including the system to move
freight;
``(3) a description of the major challenges to effectively
meeting the policy, objectives, and goals set forth in
sections 303 and 312 and a plan to address such challenges;
``(4) a comprehensive strategy and investment plan to meet
the policy, objectives, and goals set forth in sections 303
and 312, including a strategy to develop the coalitions,

[[Page S1342]]

partnerships, and other collaborative financing efforts
necessary to ensure stable, reliable funding and completion
of freight corridors and projects;
``(5) initiatives to improve transportation modeling,
research, data collection, and analysis, including those to
assess impacts on public health, and environmental
conditions;
``(6) guidelines to encourage the appropriate balance of
means to finance the national transportation system to move
freight to implement the plan and the investment plan
proposed under paragraph (4); and
``(7) a list of priority freight corridors and gateways to
be improved and developed to meet the policy, objectives, and
goals set forth in section 312.
``(c) Consultation.--In developing the plan required by
subsection (a), the Secretary shall--
``(1) consult with appropriate Federal agencies, local,
State, and tribal governments, public and private
transportation stakeholders, non-profit organizations
representing transportation employees, appropriate foreign
governments, and other interested parties;
``(2) consider on-going Federal, State, and corridor-wide
transportation plans;
``(3) provide public notice and hearings and solicit public
comments on the plan, and
``(4) as appropriate, establish advisory committees to
assist with developing the plan.
``(d) Submittal and Publication.--The Secretary shall--
``(1) submit the completed plan to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives; and
``(2) post the completed plan on the Department of
Transportation's public web site.
``(e) Progress Reports.--The Secretary shall submit
biennial progress reports on the implementation of the plan
beginning 2 years after the date of submittal of the plan
under subsection (d)(1). Each progress report shall--
``(1) describe progress made toward fully implementing the
plan and achieving the policies, objectives, and goals
established under sections 303 and 312;
``(2) describe challenges and obstacles to full
implementation;
``(3) describe updates to the plan necessary to reflect
changed circumstances or new developments; and
``(4) make policy and legislative recommendations the
Secretary believes are necessary and appropriate to fully
implement the plan.
``(f) Data.--The Secretary shall have the authority to
conduct studies, gather information, and require the
production of data necessary to develop or update this plan,
consistent with Federal privacy standards.
``(g) Implementation.--The Secretary shall--
``(1) develop appropriate performance criteria and data
collections systems for each Federal surface transportation
program consistent with this chapter and the Secretary's
statutory authority within these programs to evaluate:
``(A) whether such programs are consistent with the policy,
objectives, and goals established by sections 303 and 312;
and
``(B) how effective such programs are in contributing to
the achievement of the policy, objectives, and goals
established by sections 303 and 312;
``(2) using the criteria developed under paragraph (1),
periodically evaluate each such program and provide the
results to the public;
``(3) based on the evaluation performed under paragraph
(2), make any necessary changes or improvements to such
programs to ensure such consistency and effectiveness
consistent with the Secretary's statutory authority within
these programs ;
``(4) implement this section in a manner that is consistent
with sections 302, 5301, 5503, 10101, and 13101 of this title
and section 101 of title 23;
``(5) review all relevant surface transportation planning
requirements to determine whether such regional, State, and
local surface transportation planning efforts funded with
Federal funds are consistent with the policy, objectives, and
goals established by this section; and
``(6) require States and metropolitan planning
organizations to report on the use of Federal surface
transportation funds, consistent with ongoing reporting
requirements, to provide the Secretary with sufficient
information to determine--
``(A) which projects and priorities were funded with such
funds;
``(B) the rationale and method employed for apportioning
such funds to the projects and priorities; and
``(C) how the obligation of such funds is consistent with
or advances the policy, objectives, and goals established by
sections 303 and 312 and the statutory sections referenced in
paragraph (4).''.
(b) Conforming Amendment.--The table of contents for
chapter 3 of title 49, United States Code, is amended by
inserting after the item relating to section 303 the
following:

``304. National surface transportation and freight strategic
performance plan.''.

SEC. 33004. TRANSPORTATION INVESTMENT DATA AND PLANNING
TOOLS.

(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(1) develop new tools or improve existing tools to support
an outcome-oriented, performance-based approach to evaluate
proposed freight-related and other surface transportation
projects. These new or improved tools shall include--
(A) a systematic cost-benefit analysis that supports a
valuation of modal alternatives;
(B) an evaluation of external effects on congestion,
pollution, the environment, and the public health; and
(C) other elements to assist in effective transportation
planning; and
(2) facilitate the collection of transportation-related
data to support a broad range of evaluation methods and
techniques such as demand forecasts, modal diversion
forecasts, estimates of the effect of proposed investments on
congestion, pollution, public health, and other factors, to
assist in making transportation investment decisions. At a
minimum, the Secretary, in consultation with other relevant
Federal agencies, shall consider any improvements to the
Commodity Flow Survey that reduce identified freight data
gaps and deficiencies and help evaluate forecasts of
transportation demand.
(b) Consultation.--To the extent practicable, the Secretary
shall consult with Federal, State, and local transportation
planners to develop, improve, and implement the tools and
collect the data under subsection (a).
(c) Establishment of Pilot Program.--
(1) Establishment.--To assist in the development of tools
under subsection (a) and to inform the National Surface
Transportation and Freight Performance Plan required by
section 304 of title 49, United States Code, the Secretary
shall establish a pilot program under which the Secretary
shall conduct case studies of States and metropolitan
planning organizations that are designed--
(A) to provide more detailed, in-depth analysis and data
collection with respect to transportation programs; and
(B) to apply rigorous methods of measuring and addressing
the effectiveness of program participants in achieving
national transportation goals.
(2) Preliminary requirements.--
(A) Solicitation.--The Secretary shall solicit applications
to participate in the pilot program from States and
metropolitan planning organizations.
(B) Notification.--A State or metropolitan planning
organization that desires to participate in the pilot program
shall notify the Secretary of such desire before a date
determined by the Secretary.
(C) Selection.--
(i) Number of program participants.--The Secretary shall
select to participate in the pilot program--

(I) not fewer than 3, and not more than 5, States; and
(II) not fewer than 3, and not more than 5, metropolitan
planning organizations.

(ii) Timing.--The Secretary shall select program
participants not later than 3 months after the date of
enactment of this Act.
(iii) Diversity of program participants.--The Secretary
shall, to the extent practicable, select program participants
that represent a broad range of geographic and demographic
areas (including rural and urban areas) and types of
transportation programs.
(d) Case Studies.--
(1) Baseline report.--Not later than 6 months after the
date of enactment of this Act, each program participant shall
submit to the Secretary a baseline report that--
(A) describes the reporting and data collection processes
of the program participant for transportation investments
that are in effect on the date of the report;
(B) assesses how effective the program participant is in
achieving the national surface transportation goals in
section 303 of title 49, United States Code;
(C) describes potential improvements to the methods and
metrics used to measure the effectiveness of the program
participant in achieving national surface transportation
goals in section 303 of title 49, United States Code, and the
challenges to implementing such improvements; and
(D) includes an assessment of whether, and specific reasons
why, the preparation and submission of the baseline report
may be limited, incomplete, or unduly burdensome, including
any recommendations for facilitating the preparation and
submission of similar reports in the future.
(2) Evaluation.--Each program participant shall work
cooperatively with the Secretary to evaluate the methods and
metrics used to measure the effectiveness of the program
participant in achieving national surface transportation
goals in section 303 of title 49, United States Code,
including--
(A) by considering the degree to which such methods and
metrics take into account--
(i) the factors that influence the effectiveness of the
program participant in achieving the national surface
transportation goals;
(ii) all modes of transportation; and
(iii) the transportation program as a whole, rather than
individual projects within the transportation program; and
(B) by identifying steps that could be used to implement
the potential improvements identified under paragraph (1)(C).
(3) Final report.--Not later than 18 months after the date
of enactment of this

[[Page S1343]]

section, each program participant shall submit to the
Secretary a comprehensive final report that--
(A) contains an updated assessment of the effectiveness of
the program participant in achieving national surface
transportation goals under section 303 of title 49, United
States Code; and
(B) describes the ways in which the performance of the
program participant in collecting and reporting data and
carrying out the transportation program of the program
participant has improved or otherwise changed since the date
of submission of the baseline report under subparagraph (A).

SEC. 33005. PORT INFRASTRUCTURE DEVELOPMENT INITIATIVE.

Section 50302(c)(3)(C) of title 46, United States Code, is
amended to read as follows:
``(C) Transfers.--Amounts appropriated or otherwise made
available for any fiscal year for a marine facility or
intermodal facility that includes maritime transportation may
be transferred, at the option of the recipient of such
amounts, to the Fund and administered by the Administrator as
a component of a project under the program.''.

SEC. 33006. SAFETY FOR MOTORIZED AND NONMOTORIZED USERS.

(a) In General.--Chapter 4 of title 23, United States Code,
is amended by adding at the end the following:

``Sec.  413. Safety for motorized and nonmotorized users

``(a) In General.--Not later than 2 years after the date of
enactment of the Surface Transportation and Freight Policy
Act of 2012, subject to subsection (b), the Secretary shall
establish standards to ensure that the design of Federal
surface transportation projects provides for the safe and
adequate accommodation, in all phases of project planning,
development, and operation, of all users of the
transportation network, including motorized and nonmotorized
users.
``(b) Waiver for State Law or Policy.--The Secretary may
waive the application of standards established under
subsection (a) to a State that has adopted a law or policy
that provides for the safe and adequate accommodation as
certified by the State (or other grantee), in all phases of
project planning and development, of users of the
transportation network on federally funded surface
transportation projects, as determined by the Secretary.
``(c) Compliance.--
``(1) In general.--Each State department of transportation
shall submit to the Secretary, at such time, in such manner,
and containing such information as the Secretary shall
require, a report describing the implementation by the State
of measures to achieve compliance with this section.
``(2) Determination by secretary.--On receipt of a report
under paragraph (1), the Secretary shall determine whether
the applicable State has achieved compliance with this
section.''.
(b) Conforming Amendment.--The analysis for chapter 4 of
title 23, United States Code, is amended by adding at the end
the following:

``413. Safety for motorized and nonmotorized users.''.

TITLE IV--HAZARDOUS MATERIALS TRANSPORTATION SAFETY IMPROVEMENT ACT OF
2012

SEC. 34001. SHORT TITLE.

This title may be cited as the ``Hazardous Materials
Transportation Safety Improvement Act of 2012''.

SEC. 34002. DEFINITION.

In this title, the term ``Secretary'' means the Secretary
of Transportation.

SEC. 34003. REFERENCES TO TITLE 49, UNITED STATES CODE.

Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 49, United States Code.

SEC. 34004. TRAINING FOR EMERGENCY RESPONDERS.

(a) Training Curriculum.--Section 5115 is amended--
(1) in subsection (b)(1)(B), by striking ``basic'';
(2) in subsection (b)(2), by striking ``basic''; and
(3) in subsection (c), by striking ``basic''.
(b) Operations Level Training.--Section 5116 is amended--
(1) in subsection (b)(1), by adding at the end the
following: ``To the extent that a grant is used to train
emergency responders, the State or Indian tribe shall provide
written certification to the Secretary that the emergency
responders who receive training under the grant will have the
ability to protect nearby persons, property, and the
environment from the effects of accidents or incidents
involving the transportation of hazardous material in
accordance with existing regulations or National Fire
Protection Association standards for competence of responders
to hazardous materials.'';
(2) in subsection (j)--
(A) by redesignating paragraph (5) as paragraph (7); and
(B) by inserting after paragraph (4) the following:
``(5) The Secretary may not award a grant to an
organization under this subsection unless the organization
ensures that emergency responders who receive training under
the grant will have the ability to protect nearby persons,
property, and the environment from the effects of accidents
or incidents involving the transportation of hazardous
material in accordance with existing regulations or National
Fire Protection Association standards for competence of
responders to hazardous materials.
``(6) Notwithstanding paragraphs (1) and (3), to the extent
determined appropriate by the Secretary, a grant awarded by
the Secretary to an organization under this subsection to
conduct hazardous material response training programs may be
used to train individuals with responsibility to respond to
accidents and incidents involving hazardous material.''; and
(3) in subsection (k)--
(A) by striking ``annually'' and inserting ``an annual
report'';
(B) by inserting ``the report'' after ``make available'';
(C) by striking ``information'' and inserting ``. The
report submitted under this subsection shall include
information''; and
(D) by striking ``The report shall identify'' and all that
follows and inserting the following: ``The report submitted
under this subsection shall identify the ultimate recipients
of such grants and include--
``(A) a detailed accounting and description of each grant
expenditure by each grant recipient, including the amount of,
and purpose for, each expenditure;
``(B) the number of persons trained under the grant
program, by training level;
``(C) an evaluation of the efficacy of such planning and
training programs; and
``(D) any recommendations the Secretary may have for
improving such grant programs.''.

SEC. 34005. PAPERLESS HAZARD COMMUNICATIONS PILOT PROGRAM.

(a) In General.--The Secretary may conduct pilot projects
to evaluate the feasibility and effectiveness of using
paperless hazard communications systems. At least 1 of the
pilot projects under this section shall take place in a rural
area.
(b) Requirements.--In conducting pilot projects under this
section, the Secretary--
(1) may not waive the requirements under section 5110 of
title 49, United States Code; and
(2) shall consult with organizations representing--
(A) fire services personnel;
(B) law enforcement and other appropriate enforcement
personnel;
(C) other emergency response providers;
(D) persons who offer hazardous material for
transportation;
(E) persons who transport hazardous material by air,
highway, rail, and water; and
(F) employees of persons who transport or offer for
transportation hazardous material by air, highway, rail, and
water.
(c) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall--
(1) prepare a report on the results of the pilot projects
carried out under this section, including--
(A) a detailed description of the pilot projects;
(B) an evaluation of each pilot project, including an
evaluation of the performance of each paperless hazard
communications system in such project;
(C) an assessment of the safety and security impact of
using paperless hazard communications systems, including any
impact on the public, emergency response, law enforcement,
and the conduct of inspections and investigations; and
(D) a recommendation on whether paperless hazard
communications systems should be permanently incorporated
into the Federal hazardous material transportation safety
program under chapter 51 of title 49, United States Code; and
(2) submit a final report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives that contains the results of the pilot
projects carried out under this section, including the
matters described in paragraph (1).
(d) Paperless Hazard Communications System Defined.--In
this section, the term ``paperless hazard communications
system'' means the use of advanced communications methods,
such as wireless communications devices, to convey hazard
information between all parties in the transportation chain,
including emergency responders and law enforcement personnel.
The format of communication may be equivalent to that used by
the carrier.

SEC. 34006. IMPROVING DATA COLLECTION, ANALYSIS, AND
REPORTING.

(a) Assessment.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary, in coordination
with the Secretary of Homeland Security, as appropriate,
shall conduct an assessment to improve the collection,
analysis, reporting, and use of data related to accidents and
incidents involving the transportation of hazardous material.
(2) Review.--The assessment conducted under this subsection
shall review the methods used by the Pipeline and Hazardous
Materials Safety Administration (referred to in this section
as the ``Administration'') for collecting, analyzing, and
reporting accidents and incidents involving the
transportation of hazardous material, including the adequacy
of--

[[Page S1344]]

(A) information requested on the accident and incident
reporting forms required to be submitted to the
Administration;
(B) methods used by the Administration to verify that the
information provided on such forms is accurate and complete;
(C) accident and incident reporting requirements, including
whether such requirements should be expanded to include
shippers and consignees of hazardous materials;
(D) resources of the Administration related to data
collection, analysis, and reporting, including staff and
information technology; and
(E) the database used by the Administration for recording
and reporting such accidents and incidents, including the
ability of users to adequately search the database and find
information.
(b) Development of Action Plan.--Not later than 9 months
after the date of the enactment of this Act, the Secretary
shall develop an action plan and timeline for improving the
collection, analysis, reporting, and use of data by the
Administration, including revising the database of the
Administration, as appropriate.
(c) Submission to Congress.--Not later than 15 days after
the completion of the action plan and timeline under
subsection (c), the Secretary shall submit the action plan
and timeline to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(d) Reporting Requirements.--Section 5125(b)(1)(D) is
amended by inserting ``and other hazardous materials
transportation incident reporting to the 9 1 1 emergency
system or involving State or local emergency responders in
the initial response to the incident'' before the period at
the end.

SEC. 34007. LOADING AND UNLOADING OF HAZARDOUS MATERIALS.

(a) Rulemaking.--Not later than 2 years after date of the
enactment of this Act, the Secretary, after consultation with
the Department of Labor and the Environmental Protection
Agency, as appropriate, and after providing notice and an
opportunity for public comment shall prescribe regulations
establishing uniform procedures among facilities for the safe
loading and unloading of hazardous materials on and off tank
cars and cargo tank trucks.
(b) Inclusion.--The regulations prescribed under subsection
(a) may include procedures for equipment inspection,
personnel protection, and necessary safeguards.
(c) Consideration.--In prescribing regulations under
subsection (a), the Secretary shall give due consideration to
carrier rules and procedures that produce an equivalent level
of safety.

SEC. 34008. HAZARDOUS MATERIAL TECHNICAL ASSESSMENT, RESEARCH
AND DEVELOPMENT, AND ANALYSIS PROGRAM.

(a) In General.--Chapter 51 is amended by inserting after
section 5117 the following:

``Sec.  5118. Hazardous material technical assessment,
research and development, and analysis program

``(a) Risk Reduction.--
``(1) Program authorized.--The Secretary of Transportation
may develop and implement a hazardous material technical
assessment, research and development, and analysis program
for the purpose of--
``(A) reducing the risks associated with the transportation
of hazardous material; and
``(B) identifying and evaluating new technologies to
facilitate the safe, secure, and efficient transportation of
hazardous material.
``(2) Coordination.--In developing the program under
paragraph (1), the Secretary shall--
``(A) utilize information gathered from other modal
administrations with similar programs; and
``(B) coordinate with other modal administrations, as
appropriate.
``(b) Cooperation.--In carrying out subsection (a), the
Secretary may work cooperatively with regulated and other
entities, including shippers, carriers, emergency responders,
State and local officials, and academic institutions.''.
(b) Conforming Amendment.--The chapter analysis for chapter
51 is amended by inserting after the item relating to section
5117 the following:

``5118. Hazardous material technical assessment, research and
development, and analysis program.''.

SEC. 34009. HAZARDOUS MATERIAL ENFORCEMENT TRAINING PROGRAM.

(a) In General.--The Secretary shall establish a multimodal
hazardous material enforcement training program for
government hazardous materials inspectors and investigators--
(1) to develop uniform performance standards for training
hazardous material inspectors and investigators; and
(2) to train hazardous material inspectors and
investigators on--
(A) how to collect, analyze, and publish findings from
inspections and investigations of accidents or incidents
involving the transportation of hazardous material; and
(B) how to identify noncompliance with regulations issued
under chapter 51 of title 49, United States Code, and take
appropriate enforcement action.
(b) Standards and Guidelines.--Under the program
established under this section, the Secretary may develop--
(1) guidelines for hazardous material inspector and
investigator qualifications;
(2) best practices and standards for hazardous material
inspector and investigator training programs; and
(3) standard protocols to coordinate investigation efforts
among Federal, State, and local jurisdictions on accidents or
incidents involving the transportation of hazardous material.
(c) Availability.--The standards, protocols, and findings
of the program established under this section--
(1) shall be mandatory for--
(A) the Department of Transportation's multimodal personnel
conducting hazardous material enforcement inspections or
investigations; and
(B) State employees who conduct federally funded compliance
reviews, inspections, or investigations; and
(2) shall be made available to Federal, State, and local
hazardous materials safety enforcement personnel.

SEC. 34010. INSPECTIONS.

(a) Notice of Enforcement Measures.--Section 5121(c)(1) is
amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) shall provide to the affected offeror, carrier,
packaging manufacturer or tester, or other person responsible
for the package reasonable notice of--
``(i) his or her decision to exercise his or her authority
under paragraph (1);
``(ii) any findings made; and
``(iii) any actions being taken as a result of a finding of
noncompliance.''.
(b) Regulations.--Section 5121(e) is amended by adding at
the end the following:
``(3) Matters to be addressed.--The regulations issued
under this subsection shall address--
``(A) the safe and expeditious resumption of transportation
of perishable hazardous material, including
radiopharmaceuticals and other medical products, that may
require timely delivery due to life-threatening situations;
``(B) the means by which--
``(i) noncompliant packages that present an imminent hazard
are placed out-of-service until the condition is corrected;
and
``(ii) noncompliant packages that do not present a hazard
are moved to their final destination;
``(C) appropriate training and equipment for inspectors;
and
``(D) the proper closure of packaging in accordance with
the hazardous material regulations.''.
(c) Grants and Cooperative Agreements.--Section 5121(g)(1)
is amended by inserting ``safety and'' before ``security''.

SEC. 34011. CIVIL PENALTIES.

Section 5123 is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``$50,000'' and inserting
``$75,000''; and
(B) in paragraph (2), by striking ``$100,000'' and
inserting ``$175,000''; and
(2) by adding at the end the following:
``(h) Penalty for Obstruction of Inspections and
Investigations.--The Secretary may impose a penalty on a
person who obstructs or prevents the Secretary from carrying
out inspections or investigations under subsection (c) or (i)
of section 5121.
``(i) Prohibition on Hazardous Material Operations After
Nonpayment of Penalties.--
``(1) In general.--Except as provided under paragraph (2),
a person subject to the jurisdiction of the Secretary under
this chapter who fails to pay a civil penalty assessed under
this chapter, or fails to arrange and abide by an acceptable
payment plan for such civil penalty, may not conduct any
activity regulated under this chapter beginning on the 91st
day after the date specified by order of the Secretary for
payment of such penalty unless the person has filed a formal
administrative or judicial appeal of the penalty.
``(2) Exception.--Paragraph (1) shall not apply to any
person who is unable to pay a civil penalty because such
person is a debtor in a case under chapter 11 of title 11.
``(3) Rulemaking.--Not later than 2 years after the date of
the enactment of this subsection, the Secretary, after
providing notice and an opportunity for public comment, shall
issue regulations that--
``(A) set forth procedures to require a person who is
delinquent in paying civil penalties to cease any activity
regulated under this chapter until payment has been made or
an acceptable payment plan has been arranged; and
``(B) ensures that the person described in subparagraph
(A)--
``(i) is notified in writing; and
``(ii) is given an opportunity to respond before the person
is required to cease the activity.''.

SEC. 34012. REPORTING OF FEES.

Section 5125(f)(2) is amended by striking ``, upon the
Secretary's request,'' and inserting ``biennially''.

SEC. 34013. SPECIAL PERMITS, APPROVALS, AND EXCLUSIONS.

(a) In General.--Section 5117 is amended to read as
follows:

``Sec.  5117. Special permits, approvals, and exclusions

``(a) Authority To Issue Special Permits.--
``(1) Conditions.--The Secretary of Transportation may
issue, modify, or terminate a special permit implementing new
technologies or authorizing a variance from a

[[Page S1345]]

provision under this chapter or a regulation prescribed under
section 5103(b), 5104, 5110, or 5112 to a person performing a
function regulated by the Secretary under section 5103(b)(1)
to achieve--
``(A) a safety level at least equal to the safety level
required under this chapter; or
``(B) a safety level consistent with the public interest
and this chapter, if a required safety level does not exist.
``(2) Findings required.--
``(A) In general.--Before issuing, renewing, or modifying a
special permit or granting party status to a special permit,
the Secretary shall determine that the person is fit to
conduct the activity authorized by such permit in a manner
that achieves the level of safety required under paragraph
(1).
``(B) Considerations.--In making the determination under
subparagraph (A), the Secretary shall consider--
``(i) the person's safety history (including prior
compliance history);
``(ii) the person's accident and incident history; and
``(iii) any other information the Secretary considers
appropriate to make such a determination.
``(3) Effective period.--A special permit issued under this
section--
``(A) shall be for an initial period of not more than 2
years;
``(B) may be renewed by the Secretary upon application--
``(i) for successive periods of not more than 4 years each;
or
``(ii) in the case of a special permit relating to section
5112, for an additional period of not more than 2 years.
``(b) Applications.--
``(1) Required documentation.--When applying for a special
permit or the renewal or modification of a special permit or
requesting party status to a special permit under this
section, the Secretary shall require the person to submit an
application that contains--
``(A) a detailed description of the person's request;
``(B) a listing of the person's current facilities and
addresses where the special permit will be utilized;
``(C) a safety analysis prescribed by the Secretary that
justifies the special permit;
``(D) documentation to support the safety analysis;
``(E) a certification of safety fitness; and
``(F) proof of registration, as required under section
5108.
``(2) Public notice.--The Secretary shall--
``(A) publish notice in the Federal Register that an
application for a special permit has been filed; and
``(B) provide the public an opportunity to inspect and
comment on the application.
``(3) Savings clause.--This subsection does not require the
release of information protected by law from public
disclosure.
``(c) Coordinate and Communicate With Modal Contact
Officials.--
``(1) In general.--In evaluating applications under
subsection (b), and making the findings and determinations
under subsections (a), (e), and (h), the Administrator of the
Pipeline and Hazardous Materials Safety Administration shall
consult, coordinate, or notify the modal contact official
responsible for the specified mode of transportation that
will be utilized under a special permit or approval before--
``(A) issuing, modifying, or renewing the special permit;
``(B) granting party status to the special permit; or
``(C) issuing or renewing the special permit or approval.
``(2) Modal contact official defined.--In this section, the
term `modal contact official' means--
``(A) the Administrator of the Federal Aviation
Administration;
``(B) the Administrator of the Federal Motor Carrier
Safety;
``(C) the Administrator of the Federal Railroad
Administration; and
``(D) the Commandant of the Coast Guard.
``(d) Applications To Be Dealt With Promptly.--The
Secretary shall--
``(1) issue, modify, renew, or grant party status to a
special permit or approval for which a request was filed
under this section, or deny the issuance, modification,
renewal, or grant, on or before the last day of the 180-day
period beginning on the first day of the month following the
date of the filing of the request; or
``(2) publish a statement in the Federal Register that--
``(A) describes the reason for the delay of the Secretary's
decision on the special permit or approval; and
``(B) includes an estimate of the additional time necessary
before the decision is made.
``(e) Emergency Processing of Special Permits.--
``(1) Findings required.--The Secretary may not grant a
request for emergency processing of a special permit unless
the Secretary determines that--
``(A) a special permit is necessary for national security
purposes;
``(B) processing on a routine basis under this section
would result in significant injury to persons or property; or
``(C) a special permit is necessary to prevent significant
economic loss or damage to the environment that could not be
prevented if the application were processed on a routine
basis.
``(2) Waiver of fitness test.--The Secretary may waive the
requirement under subsection (a)(2) for a request for which
the Secretary makes a determination under subparagraph (A) or
(B) of paragraph (1).
``(3) Notification.--Not later than 90 days after the date
of issuance of a special permit under this subsection, the
Secretary shall publish a notice in the Federal Register of
the issuance that includes--
``(A) a statement of the basis for the finding of
emergency; and
``(B) the scope and duration of the special permit.
``(4) Effective period.--A special permit issued under this
subsection shall be effective for a period not to exceed 180
days.
``(f) Exclusions.--
``(1) In general.--The Secretary shall exclude, in any
part, from this chapter and regulations prescribed under this
chapter--
``(A) a public vessel (as defined in section 2101 of title
46);
``(B) a vessel exempted under section 3702 of title 46 or
from chapter 37 of title 46; and
``(C) a vessel to the extent it is regulated under the
Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221, et
seq.).
``(2) Firearms.--This chapter and regulations prescribed
under this chapter do not prohibit--
``(A) or regulate transportation of a firearm (as defined
in section 232 of title 18), or ammunition for a firearm, by
an individual for personal use; or
``(B) transportation of a firearm or ammunition in
commerce.
``(g) Limitation on Authority.--Unless the Secretary
decides that an emergency exists, a person subject to this
chapter may only be granted a variance from this chapter
through a special permit or renewal granted under this
section.
``(h) Approvals.--
``(1) Findings required.--
``(A) In general.--The Secretary may not issue an approval
or grant the renewal of an approval pursuant to part 107 of
title 49, Code of Federal Regulations until the Secretary has
determined that the person is fit, willing, and able to
conduct the activity authorized by the approval in a manner
that achieves the level of safety required under subsection
(a)(1).
``(B) Considerations.--In making a determination under
subparagraph (A), the Secretary shall consider--
``(i) the person's safety history (including prior
compliance history);
``(ii) the person's accident and incident history; and
``(iii) any other information the Secretary considers
appropriate to make such a determination.
``(2) Required documentation.--When applying for an
approval or renewal or modification of an approval under this
section, the Secretary shall require the person to submit an
application that contains--
``(A) a detailed description of the person's request;
``(B) a listing of the persons current facilities and
addresses where the approval will be utilized;
``(C) a safety analysis prescribed by the Secretary that
justifies the approval;
``(D) documentation to support the safety analysis;
``(E) a certification of safety fitness; and
``(F) the verification of registration required under
section 5108.
``(3) Savings provision.--Nothing in this subsection may be
construed to require the release of information protected by
law from public disclosure.
``(i) Noncompliance.--The Secretary may modify, suspend, or
terminate a special permit or approval if the Secretary
determines that--
``(1) the person who was granted the special permit or
approval has violated the special permit or approval or the
regulations issued under this chapter in a manner that
demonstrates that the person is not fit to conduct the
activity authorized by the special permit or approval; or
``(2) the special permit or approval is unsafe.
``(j) Rulemaking.--Not later than 2 years after the date of
the enactment of the Hazardous Materials Transportation
Safety Improvement Act of 2012, the Secretary, after
providing notice and an opportunity for public comment, shall
issue regulations that establish--
``(1) standard operating procedures to support
administration of the special permit and approval programs;
and
``(2) objective criteria to support the evaluation of
special permit and approval applications.
``(k) Annual Review of Certain Special Permits.--
``(1) Review.--The Secretary shall conduct an annual review
and analysis of special permits--
``(A) to identify consistently used and longstanding
special permits with an established safety record; and
``(B) to determine whether such permits may be converted
into the hazardous materials regulations.
``(2) Factors.--In conducting the review and analysis under
paragraph (1), the Secretary may consider--
``(A) the safety record for hazardous materials transported
under the special permit;
``(B) the application of a special permit;
``(C) the suitability of provisions in the special permit
for incorporation into the hazardous materials regulations;
and
``(D) rulemaking activity in related areas.

[[Page S1346]]

``(3) Rulemaking.--After completing the review and analysis
under paragraph (1) and providing notice and opportunity for
public comment, the Secretary shall issue regulations, as
needed.''.
(b) Conforming Amendment.--The analysis for chapter 51 is
amended by striking the item relating to section 5117 and
inserting the following:

``5117. Special permits, approvals, and exclusions.''.

SEC. 34014. HIGHWAY ROUTING DISCLOSURES.

(a) List of Route Designations.--Section 5112(c) is
amended--
(1) by striking ``In coordination'' and inserting the
following:
``(1) In general.--In coordination''; and
(2) by adding at the end the following:
``(2) State responsibilities.--
``(A) In general.--Each State shall submit to the
Secretary, in a form and manner to be determined by the
Secretary and in accordance with subparagraph (B)--
``(i) the name of the State agency responsible for
hazardous material highway route designations; and
``(ii) a list of the State's currently effective hazardous
material highway route designations.
``(B) Frequency.--Each State shall submit the information
described in subparagraph (A)(ii)--
``(i) at least once every 2 years; and
``(ii) not later than 60 days after a hazardous material
highway route designation is established, amended, or
discontinued.''.
(b) Compliance With Section 5112.--Section 5125(c)(1) is
amended by inserting ``, and is published in the Department's
hazardous materials route registry under section 5112(c)''
before the period at the end.

SEC. 34015. AUTHORIZATION OF APPROPRIATIONS.

Section 5128 is amended to read as follows:

``Sec.  5128. Authorization of appropriations

``(a) In General.--There are authorized to be appropriated
to the Secretary to carry out this chapter (except sections
5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)--
``(1) $42,338,000 for fiscal year 2012; and
``(2) $42,762,000 for fiscal year 2013.
``(b) Hazardous Materials Emergency Preparedness Fund.--
From the Hazardous Materials Emergency Preparedness Fund
established under section 5116(i), the Secretary may expend,
during each of fiscal years 2012 and 2013--
``(1) $188,000 to carry out section 5115;
``(2) $21,800,000 to carry out subsections (a) and (b) of
section 5116, of which not less than $13,650,000 shall be
available to carry out section 5116(b);
``(3) $150,000 to carry out section 5116(f);
``(4) $625,000 to publish and distribute the Emergency
Response Guidebook under section 5116(i)(3); and
``(5) $1,000,000 to carry out section 5116(j).
``(c) Hazardous Materials Training Grants.--From the
Hazardous Materials Emergency Preparedness Fund established
pursuant to section 5116(i), the Secretary may expend
$4,000,000 for each of the fiscal years 2012 and 2013 to
carry out section 5107(e).
``(d) Credits to Appropriations.--
``(1) Expenses.--In addition to amounts otherwise made
available to carry out this chapter, the Secretary may credit
amounts received from a State, Indian tribe, or other public
authority or private entity for expenses the Secretary incurs
in providing training to the State, authority, or entity.
``(2) Availability of amounts.--Amounts made available
under this section shall remain available until expended.''.

TITLE V--RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION
REAUTHORIZATION ACT OF 2012

SEC. 35001. SHORT TITLE.

This title may be cited as the ``Research and Innovative
Technology Administration Reauthorization Act of 2012''.

SEC. 35002. NATIONAL COOPERATIVE FREIGHT RESEARCH PROGRAM.

Section 509(d) of title 23, United States Code, is amended
by adding at the end the following:
``(6) Coordination of cooperative research.--The National
Academy of Sciences shall coordinate research agendas,
research project selections, and competitions across all
transportation-related cooperative research programs
conducted by the National Academy of Sciences to ensure
program efficiency, effectiveness, and sharing of research
findings.''.

SEC. 35003. BUREAU OF TRANSPORTATION STATISTICS.

(a) In General.--Subtitle III of title 49, United States
Code, is amended by adding at the end the following:

``CHAPTER 63--BUREAU OF TRANSPORTATION STATISTICS

``subchapter i--bureau of transportation statistics

``Sec.
``6301. Establishment.
``6302. Director.
``6303. Responsibilities.
``6304. National Transportation Library.
``6305. Advisory Council on Transportation Statistics.
``6306. Transportation statistical collection, analysis, and
dissemination.
``6307. Furnishing information, data, or reports by Federal agencies.
``6308. Prohibition on certain disclosures.
``6309. Data access.
``6310. Proceeds of data product sales.
``6311. Information collection.
``6312. National transportation atlas database.
``6313. Limitations on statutory construction.
``6314. Research and development grants.
``6315. Transportation statistics annual report.
``6316. Mandatory response authority for data collections.

``SUBCHAPTER I--BUREAU OF TRANSPORTATION STATISTICS

``Sec.  6301. Establishment

``There is established, in the Research and Innovative
Technology Administration, a Bureau of Transportation
Statistics (referred to in this subchapter as the `Bureau').

``Sec.  6302. Director

``(a) Appointment.--The Bureau shall be headed by a
Director, who shall be appointed in the competitive service
by the Secretary of Transportation.
``(b) Qualifications.--The Director shall be appointed from
among individuals who are qualified to serve as the Director
by virtue of their training and experience in the collection,
analysis, and use of transportation statistics.

``Sec.  6303. Responsibilities

``(a) Duties of the Director.--The Director, who shall
serve as the Secretary of Transportation's senior advisor on
data and statistics, shall be responsible for carrying out
the following duties:
``(1) Ensuring that the statistics compiled under paragraph
(6) are designed to support transportation decisionmaking by
the Federal Government, State and local governments,
metropolitan planning organizations, transportation-related
associations, the private sector (including the freight
community), and the public.
``(2) Establishing a program, on behalf of the Secretary--
``(A) to effectively integrate safety data across modes;
and
``(B) to address gaps in existing safety data programs of
the Department of Transportation.
``(3) Working with the operating administrations of the
Department of Transportation--
``(A) to establish and implement the Bureau's data
programs; and
``(B) to improve the coordination of information collection
efforts with other Federal agencies.
``(4) Continually improving surveys and data collection
methods to improve the accuracy and utility of transportation
statistics.
``(5) Encouraging the standardization of data, data
collection methods, and data management and storage
technologies for data collected by the Bureau, the operating
administrations of the Department of Transportation, States,
local governments, metropolitan planning organizations, and
private sector entities.
``(6) Collecting, compiling, analyzing, and publishing a
comprehensive set of transportation statistics on the
performance and impacts of the national transportation
system, including statistics on--
``(A) transportation safety across all modes and
intermodally;
``(B) the state of good repair of United States
transportation infrastructure.
``(C) the extent, connectivity, and condition of the
transportation system, building on the national
transportation atlas database developed under section 6312;
``(D) economic efficiency throughout the entire
transportation sector;
``(E) the effects of the transportation system on global
and domestic economic competitiveness;
``(F) demographic, economic, and other variables
influencing travel behavior, including choice of
transportation mode and goods movement;
``(G) transportation-related variables that influence the
domestic economy and global competitiveness;
``(H) the economic costs and impacts for passenger travel
and freight movement;
``(I) intermodal and multimodal passenger movement;
``(J) intermodal and multimodal freight movement; and
``(K) the consequences of transportation for the human and
natural environment, sustainable transportation, and livable
communities.
``(7) Building and disseminating the transportation layer
of the National Spatial Data Infrastructure developed under
Executive Order 12906, including--
``(A) coordinating the development of transportation
geospatial data standards;
``(B) compiling intermodal geospatial data; and
``(C) collecting geospatial data that is not being
collected by others.
``(8) Issuing guidelines for the collection of information
by the Department of Transportation that is required for
transportation statistics, modeling, economic assessment, and
program assessment in order to ensure that such information
is accurate, reliable, relevant, uniform and in a form that
permits systematic analysis by the Department.
``(9) Reviewing and reporting to the Secretary of
Transportation on the sources and reliability of--
``(A) the statistics proposed by the heads of the operating
administrations of the Department of Transportation to
measure outputs

[[Page S1347]]

and outcomes, as required by the Government Performance and
Results Act of 1993 (Public Law 103 62; 107 Stat. 285); and
``(B) other data collected or statistical information
published by the heads of the operating administrations of
the Department.
``(10) Making the statistics published under this
subsection readily accessible to the public, consistent with
applicable security constraints and confidentiality
interests.
``(b) Access to Federal Data.--In carrying out subsection
(a)(2), the Director shall be provided access to--
``(1) all safety data held by any agency of the Department;
and
``(2) all safety data held by any other Federal Government
agency that is germane to carrying out subsection (a), upon
written request and subject to any statutory or regulatory
restrictions.
``(c) Intermodal Transportation Database.--
``(1) In general.--In consultation with the Under Secretary
for Policy, the Assistant Secretaries, and the heads of the
operating administrations of the Department of
Transportation, the Director shall establish and maintain a
transportation database for all modes of transportation.
``(2) Use of database.--The database established under this
subsection shall be suitable for analyses carried out by the
Federal Government, the States, and metropolitan planning
organizations.
``(3) Contents.--The database established under this
section shall include--
``(A) information on the volumes and patterns of movement,
including local, interregional, and international movement--
``(i) of goods by all modes of transportation and
intermodal combinations, and by relevant classification; and
``(ii) of people by all modes of transportation (including
bicycle and pedestrian modes) and intermodal combinations,
and by relevant classification;
``(B) information on the location and connectivity of
transportation facilities and services; and
``(C) a national accounting of expenditures and capital
stocks on each mode of transportation and intermodal
combination.

``Sec.  6304. National Transportation Library

``(a) Purpose and Establishment.--There is established, in
the Bureau, a National Transportation Library (referred to in
this section as the `Library'), which shall--
``(1) support the information management and decisionmaking
needs of transportation at Federal, State, and local levels;
``(2) be headed by an individual who is highly qualified in
library and information science;
``(3) acquire, preserve, and manage transportation
information and information products and services for use of
the Department of Transportation, other Federal agencies, and
the general public;
``(4) provide reference and research assistance;
``(5) serve as a central depository for research results
and technical publications of the Department of
Transportation;
``(6) provide a central clearinghouse for transportation
data and information in the Federal Government;
``(7) serve as coordinator and policy lead for
transportation information access;
``(8) provide transportation information and information
products and services to the Department of Transportation,
other agencies of the Federal Government, public and private
organizations, and individuals, within the United States and
internationally;
``(9) coordinate efforts among, and cooperate with,
transportation libraries, information providers, and
technical assistance centers, in conjunction with private
industry and other transportation library and information
centers, toward the development of a comprehensive
transportation information and knowledge network supporting
activities described in subparagraphs (A) through (K) of
section 6303(a)(6); and
``(10) engage in such other activities as the Director
determines appropriate and as the Library's resources permit.
``(b) Access.--The Director shall publicize, facilitate,
and promote access to the information products and services
described in subsection (a) to improve--
``(1) the ability of the transportation community to share
information; and
``(2) the ability of the Director to make statistics and
other information readily accessible under section
6303(a)(10).
``(c) Agreements.--
``(1) In general.--The Director may enter into agreements
with, award grants to, and receive funds from any State and
other political subdivision, organization, business, or
individual for the purpose of conducting activities under
this section.
``(2) Contracts, grants, and agreements.--The Library may
initiate and support specific information and data
management, access, and exchange activities in connection
with matters relating to Department of Transportation's
strategic goals, knowledge networking, and national and
international cooperation by entering into contracts or
awarding grants for the conduct of such activities.
``(3) Funds.--Amounts received under this subsection for
payments for library products and services or other
activities shall--
``(A) be deposited in the Research and Innovative
Technology Administration's general fund account; and
``(B) remain available to the Library until expended.

``Sec.  6305. Advisory Council on Transportation Statistics

``(a) In General.--The Director shall maintain an Advisory
Council on Transportation Statistics (referred to in this
section as the `Advisory Council').
``(b) Function.--The Advisory Council shall advise the
Director on--
``(1) the quality, reliability, consistency, objectivity,
and relevance of transportation statistics and analyses
collected, supported, or disseminated by the Bureau and the
Department of Transportation; and
``(2) methods to encourage cooperation and interoperability
of transportation data collected by the Bureau, the operating
administrations of the Department, States, local governments,
metropolitan planning organizations, and private sector
entities.
``(c) Membership.--
``(1) In general.--The Advisory Council shall be composed
of not fewer than 9 members and not more than 11 members, who
shall be appointed by the Director.
``(2) Selection.--In selecting members for the Advisory
Council, the Director shall appoint individuals who--
``(A) are not officers or employees of the United States;
``(B) possess expertise in--
``(i) transportation data collection, analysis, or
application;
``(ii) economics; or
``(iii) transportation safety; and
``(C) represent a cross section of transportation
stakeholders, to the greatest extent possible.
``(3) Terms of appointment.--
``(A) In general.--Except as provided in subparagraph (B),
members of the Advisory Council--
``(i) shall be appointed to staggered terms not to exceed 3
years; and
``(ii) may be renominated for 1 additional 3-year term.
``(B) Current members.--Members serving on the Advisory
Council as of the date of the enactment of the Research and
Innovative Technology Administration Reauthorization Act of
2012 shall serve until the end of their appointed terms.
``(d) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (except for section 14 of such
Act) shall apply to the Advisory Council.

``Sec.  6306. Transportation statistical collection,
analysis, and dissemination

``To ensure that all transportation statistical collection,
analysis, and dissemination is carried out in a coordinated
manner, the Director may--
``(1) utilize, with their consent, the services, equipment,
records, personnel, information, and facilities of other
Federal, State, local, and private agencies and
instrumentalities with or without reimbursement for such
utilization;
``(2) enter into agreements with agencies and
instrumentalities referred to in paragraph (1) for purposes
of data collection and analysis;
``(3) confer and cooperate with foreign governments,
international organizations, States, municipalities, and
other local agencies;
``(4) request such information, data, and reports from any
Federal agency as may be required to carry out the purposes
of this section;
``(5) encourage replication, coordination, and sharing
among transportation agencies regarding information systems,
information policy, and data; and
``(6) confer and cooperate with Federal statistical
agencies as needed to carry out the purposes of this section,
including by entering into cooperative data sharing
agreements in conformity with all laws and regulations
applicable to the disclosure and use of data.

``Sec.  6307. Furnishing information, data, or reports by
Federal agencies

``Federal agencies requested to furnish information, data,
or reports under section 6303(b) shall provide such
information to the Bureau as is required to carry out the
purposes of this section.

``Sec.  6308. Prohibition on certain disclosures

``(a) In General.--An officer, employee, or contractor of
the Bureau may not--
``(1) make any disclosure in which the data provided by an
individual or organization under section 6303 can be
identified;
``(2) use the information provided under section 6303 for a
nonstatistical purpose; or
``(3) permit anyone other than an individual authorized by
the Director to examine any individual report provided under
section 6303.
``(b) Copies of Reports.--
``(1) In general.--A department, bureau, agency, officer,
or employee of the United States (except the Director in
carrying out this section) may not require, for any reason, a
copy of any report that has been filed under section 6303
with the Bureau or retained by an individual respondent.
``(2) Limitation on judicial proceedings.--A copy of a
report described in paragraph (1) that has been retained by
an individual respondent or filed with the Bureau or any of
its employees, contractors, or agents--
``(A) shall be immune from legal process; and
``(B) may not, without the consent of the individual
concerned, be admitted as evidence or used for any purpose in
any action, suit, or other judicial or administrative
proceedings.

[[Page S1348]]

``(3) Applicability.--This subsection shall only apply to
reports that permit information concerning an individual or
organization to be reasonably determined by direct or
indirect means.
``(c) Informing Respondent of Use of Data.--If the Bureau
is authorized by statute to collect data or information for a
nonstatistical purpose, the Director shall clearly
distinguish the collection of such data or information, by
rule and on the collection instrument, to inform a respondent
who is requested or required to supply the data or
information of the nonstatistical purpose.

``Sec.  6309. Data access

``The Director shall be provided access to transportation
and transportation-related information in the possession of
any Federal agency, except--
``(1) information that is expressly prohibited by law from
being disclosed to another Federal agency; or
``(2) information that the agency possessing the
information determines could not be disclosed without
significantly impairing the discharge of authorities and
responsibilities which have been delegated to, or vested by
law, in such agency.

``Sec.  6310. Proceeds of data product sales

``Notwithstanding section 3302 of title 31, amounts
received by the Bureau from the sale of data products, for
necessary expenses incurred, may be credited to the Highway
Trust Fund (other than the Mass Transit Account) for the
purpose of reimbursing the Bureau for such expenses.

``Sec.  6311. Information collection

``As the head of an independent Federal statistical agency,
the Director may consult directly with the Office of
Management and Budget concerning any survey, questionnaire,
or interview that the Director considers necessary to carry
out the statistical responsibilities under this subchapter.

``Sec.  6312. National transportation atlas database

``(a) In General.--The Director shall develop and maintain
a national transportation atlas database that is comprised of
geospatial databases that depict--
``(1) transportation networks;
``(2) flows of people, goods, vehicles, and craft over the
networks; and
``(3) social, economic, and environmental conditions that
affect, or are affected by, the networks.
``(b) Intermodal Network Analysis.--The databases developed
under subsection (a) shall be capable of supporting
intermodal network analysis.

``Sec.  6313. Limitations on statutory construction

``Nothing in this subchapter may be construed--
``(1) to authorize the Bureau to require any other
department or agency to collect data; or
``(2) to reduce the authority of any other officer of the
Department to independently collect and disseminate data.

``Sec.  6314. Research and development grants

``The Secretary may award grants to, or enter into
cooperative agreements or contracts with, public and
nonprofit private entities (including State transportation
departments, metropolitan planning organizations, and
institutions of higher education) for--
``(1) investigation of the subjects specified in section
6303 and research and development of new methods of data
collection, standardization, management, integration,
dissemination, interpretation, and analysis;
``(2) demonstration programs by States, local governments,
and metropolitan planning organizations to coordinate data
collection, reporting, management, storage, and archiving to
simplify data comparisons across jurisdictions;
``(3) development of electronic clearinghouses of
transportation data and related information, as part of the
National Transportation Library under section 6304; and
``(4) development and improvement of methods for sharing
geographic data, in support of the database under section
6303 and the National Spatial Data Infrastructure.

``Sec.  6315. Transportation statistics annual report

``The Director shall submit to the President and Congress a
transportation statistics annual report, which shall
include--
``(1) information on items referred to in section
6303(a)(6);
``(2) documentation of methods used to obtain and ensure
the quality of the statistics presented in the report; and
``(3) recommendations for improving transportation
statistical information.

``Sec.  6316. Mandatory response authority for data
collections

``Any individual who, as the owner, official, agent, person
in charge, or assistant to the person in charge of any
corporation, company, business, institution, establishment,
organization of any nature or the member of a household,
neglects or refuses, after requested by the Director or other
authorized officer, employee, or contractor of the Bureau, to
answer completely and correctly to the best of the
individual's knowledge all questions relating to the
corporation, company, business, institution, establishment,
or other organization or household, or to make available
records or statistics in the individual's official custody,
contained in a data collection request prepared and submitted
under section 6303(a)--
``(1) shall be fined not more than $500, except as provided
under paragraph (2); and
``(2) if the individual willfully gives a false answer to
such a question, shall be fined not more than $10,000.''.
(b) Rules of Construction.--In transferring the provisions
under section 111 of title 49, United States Code, to chapter
63 of title 49, as added by subsection (a), the following
rules of construction shall apply:
(1) For purposes of determining whether 1 provision of law
supersedes another based on enactment later in time, a
provision under chapter 63 of title 49, United States Code,
is deemed to have been enacted on the date of the enactment
of the corresponding provision under section 111 of such
title.
(2) A reference to a provision under such chapter 65 is
deemed to refer to the corresponding provision under such
section 111.
(3) A reference to a provision under such section 111,
including a reference in a regulation, order, or other law,
is deemed to refer to the corresponding provision under such
chapter 65.
(4) A regulation, order, or other administrative action
authorized by a provision under such section 111 continues to
be authorized by the corresponding provision under such
chapter 65.
(5) An action taken or an offense committed under a
provision of such section 111 is deemed to have been taken or
committed under the corresponding provision of such chapter
65.
(c) Conforming Amendments.--
(1) Repeal.--Chapter 1 of title 49, United States Code, is
amended--
(A) by repealing section 111; and
(B) by striking the item relating to section 111 in the
chapter analysis.
(2) Analysis of subtitle iii.--The table of chapters for
subtitle III of title 49, United States Code, is amended by
inserting after the item for chapter 61 the following:

``63. Bureau of Transportation Statistics.....................6301''.

SEC. 35004. 5.9 GHZ VEHICLE-TO-VEHICLE AND VEHICLE-TO-
INFRASTRUCTURE COMMUNICATIONS SYSTEMS
DEPLOYMENT.

(a) In General.--Subchapter I of chapter 55 of title 49,
United States Code, is amended by adding at the end the
following:

``Sec.  5507. GHz vehicle-to-vehicle and vehicle-to-
infrastructure communications systems deployment

``(a) In General.--Not later than 3 years after the date of
the enactment of this section, the Secretary shall submit a
report to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Transportation
and Infrastructure of the House of Representatives, and the
Committee on Energy and Commerce of the House of
Representatives that--
``(1) defines a recommended implementation path for
Dedicated Short Range Communications (DSRC) technology and
applications; and
``(2) includes guidance concerning the relationship of the
proposed DSRC deployment to Intelligent Transportation System
National Architecture and Standards.
``(b) Report Review.--The Secretary shall enter into an
agreement for the review of the report submitted under
subsection (a) by an independent third party with subject
matter expertise.''.
(b) Conforming Amendment.--The analysis of chapter 55 of
title 49, United States Code, is amended by inserting after
the item relating to section 5506, the following:

``5507. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure
communications systems deployment.''.

SEC. 35005. ADMINISTRATIVE AUTHORITY.

Section 112 of title 49, United States Code, is amended by
inserting after subsection (e) the following:
``(f) Program Evaluation and Oversight.--The Administrator
is authorized to expend not more than 1.5 percent of the
amounts authorized to be appropriated for each of the fiscal
years 2012 and 2013, for necessary expenses for
administration and operations of the Research and Innovative
Technology Administration for the coordination, evaluation,
and oversight of the programs administered by the
Administration.
``(g) Collaborative Research and Development.--
``(1) In general.--To encourage innovative solutions to
multimodal transportation problems and stimulate the
deployment of new technology, the Administrator may carry
out, on a cost-shared basis, collaborative research and
development with--
``(A) non-Federal entities, including State and local
governments, foreign governments, colleges and universities,
corporations, institutions, partnerships, sole
proprietorships, and trade associations that are incorporated
or established under the laws of any State;
``(B) Federal laboratories; and
``(C) other Federal agencies.
``(2) Cooperation, grants, contracts, and agreements.--
Notwithstanding any other provision of law, the Administrator
may directly initiate contracts, grants, other transactions,
and cooperative research and development agreements (as
defined in section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a)) to fund, and accept
funds from, the Transportation Research Board of the National
Research Council of the National Academy of Sciences, State
departments of transportation, cities, counties,
universities, associations, and the agents of such entities
to conduct joint transportation research and technology
efforts.

[[Page S1349]]

``(3) Federal share.--
``(A) In general.--The Federal share of the cost of
activities carried out under a cooperative research and
development agreement entered into under this subsection may
not exceed 50 percent unless the Secretary approves a greater
Federal share due to substantial public interest or benefit.
``(B) Non-federal share.--All costs directly incurred by
the non-Federal partners, including personnel, travel,
facility, and hardware development costs, shall be credited
toward the non-Federal share of the cost of the activities
described in subparagraph (A).
``(4) Use of technology.--The research, development, or use
of a technology under a cooperative research and development
agreement entered into under this subsection, including the
terms under which the technology may be licensed and the
resulting royalties may be distributed, shall be subject to
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3701 et seq.).
``(5) Waiver of advertising requirements.--Section 6101 of
title 41 shall not apply to a contract, grant, or other
agreement entered into under this chapter.''.

SEC. 35006. PRIZE AUTHORITY.

(a) In General.--Chapter 3 of title 49, United States Code,
is amended by inserting before section 336 the following:

``SEC. 335. PRIZE AUTHORITY.

``(a) In General.--The Secretary of Transportation may
carry out a program, in accordance with this section, to
competitively award cash prizes to stimulate innovation in
basic and applied research, technology development, and
prototype demonstration that have the potential for
application to the national transportation system.
``(b) Topics.--In selecting topics for prize competitions
under this section, the Secretary shall--
``(1) consult with a wide variety of Government and
nongovernment representatives; and
``(2) give consideration to prize goals that demonstrate
innovative approaches and strategies to improve the safety,
efficiency, and sustainability of the national transportation
system.
``(c) Advertising.--The Secretary shall encourage
participation in the prize competitions through extensive
advertising.
``(d) Requirements and Registration.--For each prize
competition, the Secretary shall publish a notice on a public
website that describes--
``(1) the subject of the competition;
``(2) the eligibility rules for participation in the
competition;
``(3) the amount of the prize; and
``(4) the basis on which a winner will be selected.
``(e) Eligibility.--An individual or entity may not receive
a prize under this section unless the individual or entity--
``(1) has registered to participate in the competition
pursuant to any rules promulgated by the Secretary under this
section;
``(2) has complied with all the requirements under this
section;
``(3)(A) in the case of a private entity, is incorporated
in, and maintains a primary place of business in, the United
States; or
``(B) in the case of an individual, whether participating
singly or in a group, is a citizen or permanent resident of
the United States; and
``(4) is not a Federal entity or Federal employee acting
within the scope of his or her employment.
``(f) Liability.--
``(1) Assumption of risk.--
``(A) In general.--A registered participant shall agree to
assume any and all risks and waive claims against the Federal
Government and its related entities, except in the case of
willful misconduct, for any injury, death, damage, or loss of
property, revenue, or profits, whether direct, indirect, or
consequential, arising from participation in a competition,
whether such injury, death, damage, or loss arises through
negligence or otherwise.
``(B) Related entity.--In this paragraph, the term `related
entity' means a contractor, subcontractor (at any tier),
supplier, user, customer, cooperating party, grantee,
investigator, or detailee.
``(2) Financial responsibility.--A participant shall obtain
liability insurance or demonstrate financial responsibility,
in amounts determined by the Secretary, for claims by--
``(A) a third party for death, bodily injury, or property
damage, or loss resulting from an activity carried out in
connection with participation in a competition, with the
Federal Government named as an additional insured under the
registered participant's insurance policy and registered
participants agreeing to indemnify the Federal Government
against third party claims for damages arising from or
related to competition activities; and
``(B) the Federal Government for damage or loss to
Government property resulting from such an activity.
``(g) Judges.--
``(1) Selection.--For each prize competition, the
Secretary, either directly or through an agreement under
subsection (h), shall assemble a panel of qualified judges to
select the winner or winners of the prize competition on the
basis described in subsection (d). Judges for each
competition shall include individuals from outside the
Administration, including the private sector.
``(2) Limitations.--A judge selected under this subsection
may not--
``(A) have personal or financial interests in, or be an
employee, officer, director, or agent of, any entity that is
a registered participant in a prize competition under this
section; or
``(B) have a familial or financial relationship with an
individual who is a registered participant.
``(h) Administering the Competition.--The Secretary may
enter into an agreement with a private, nonprofit entity to
administer the prize competition, subject to the provisions
of this section.
``(i) Funding.--
``(1) Private sector funding.--A cash prize under this
section may consist of funds appropriated by the Federal
Government and funds provided by the private sector. The
Secretary may accept funds from other Federal agencies, State
and local governments, and metropolitan planning
organizations for the cash prizes. The Secretary may not give
any special consideration to any private sector entity in
return for a donation under this paragraph.
``(2) Availability of funds.--Notwithstanding any other
provision of law, amounts appropriated for prize awards under
this section--
``(A) shall remain available until expended; and
``(B) may not be transferred, reprogrammed, or expended for
other purposes until after the expiration of the 10-year
period beginning on the last day of the fiscal year for which
the funds were originally appropriated.
``(3) Savings provision.--Nothing in this subsection may be
construed to permit the obligation or payment of funds in
violation of the Anti-Deficiency Act (31 U.S.C. 1341).
``(4) Prize announcement.--A prize may not be announced
under this section until all the funds needed to pay out the
announced amount of the prize have been appropriated or
committed in writing by a private source.
``(5) Prize increases.--The Secretary may increase the
amount of a prize after the initial announcement of the prize
under this section if--
``(A) notice of the increase is provided in the same manner
as the initial notice of the prize; and
``(B) the funds needed to pay out the announced amount of
the increase have been appropriated or committed in writing
by a private source.
``(6) Congressional notification.--A prize competition
under this section may offer a prize in an amount greater
than $1,000,000 only after 30 days have elapsed after written
notice has been transmitted to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Science, Space, and Technology of the House of
Representatives.
``(7) Award limit.--A prize competition under this section
may not result in the award of more than $25,000 in cash
prizes without the approval of the Secretary.
``(j) Use of Department Name and Insignia.--A registered
participant in a prize competition under this section may use
the Department's name, initials, or insignia only after prior
review and written approval by the Secretary.
``(k) Compliance With Existing Law.--The Federal Government
shall not, by virtue of offering or providing a prize under
this section, be responsible for compliance by registered
participants in a prize competition with Federal law,
including licensing, export control, and non-proliferation
laws, and related regulations.''.
(b) Conforming Amendment.--The analysis of chapter 3 of
title 49, United States Code, is amended by inserting before
the item relating to section 336 the following:

``335. Prize authority.''.

SEC. 35007. TRANSPORTATION RESEARCH AND DEVELOPMENT.

Section 508(a) of title 23, United States Code, is
amended--
(1) in paragraph (1), by striking ``SAFETEA LU'' and
inserting ``Research and Innovative Technology Administration
Reauthorization Act of 2012''; and
(2) by amending paragraph (2)(A) to read as follows:
``(A) describe the primary purposes of the transportation
research and development program, which shall include--
``(i) promoting safety;
``(ii) reducing congestion and improving mobility;
``(iii) promoting security;
``(iv) protecting and enhancing the environment;
``(v) preserving the existing transportation system; and
``(vi) improving transportation infrastructure, in
coordination with Department of Transportation strategic
goals and planning efforts;''.

SEC. 35008. USE OF FUNDS FOR INTELLIGENT TRANSPORTATION
SYSTEMS ACTIVITIES.

Section 513 of title 23, United States Code, is amended to
read as follows:

``Sec.  513. Use of funds for ITS activities

``(a) In General.--The Secretary may use not more than
$500,000 of the amounts made available to the Department for
each fiscal year to carry out the Intelligent Transportation
Systems Program (referred to in this section as `ITS') on
intelligent transportation system outreach, websites, public
relations, displays, tours, and brochures.
``(b) Purpose.--Amounts authorized for use under subsection
(a) are intended to develop, administer, communicate, and
promote the

[[Page S1350]]

use of products of research, technology, and technology
transfer programs under this section.
``(c) ITS Deployment Incentives.--
``(1) In general.--The Secretary may develop and implement
incentives to accelerate the deployment of ITS technologies
and services within all programs receiving amounts
appropriated pursuant to section 35009 of the Research and
Innovative Technology Administration Reauthorization Act of
2012.
``(2) Comprehensive plan.--The Secretary shall develop a
detailed and comprehensive plan to carry out this subsection
that addresses how incentives may be adopted, as appropriate,
through the existing deployment activities carried out by
surface transportation modal administrations.''.

SEC. 35009. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Transit
Account), under the conditions set forth in subsection (b)--
(1) $27,297,000 for fiscal year 2012; and
(2) $27,597,000 for fiscal year 2013.
(b) Applicability of Title 23, United States Code.--
(1) In general.--Except as provided in paragraph (2),
amounts appropriated pursuant to subsection (a) shall be
available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United States
Code.
(2) Federal share.--The Federal share of the cost of a
project or activity carried out with amounts appropriated
pursuant to subsection (a) shall be 50 percent unless another
percentage is--
(A) expressly provided under this Act or the amendments
made by this Act; or
(B) determined by the Secretary.
(3) Availability; transferability.--Amounts appropriated
pursuant to subsection (a) shall remain available until
expended and shall not be transferable.

TITLE VI--NATIONAL RAIL SYSTEM PRESERVATION, EXPANSION, AND DEVELOPMENT
ACT OF 2012

SEC. 36001. SHORT TITLE.

This title may be cited as the ``National Rail System
Preservation, Expansion, and Development Act of 2012''.

SEC. 36002. REFERENCES TO TITLE 49, UNITED STATES CODE.

Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of title 49, United States Code.

Subtitle A--Federal and State Roles in Rail Planning and Development
Tools

SEC. 36101. RAIL PLANS.

(a) Long-range National Rail Plan.--Section 103 is amended
by amending subsection (j)(2) to read as follows:
``(2) in coordination with the Secretary of Transportation,
develop and routinely update a long-range national rail plan
pursuant to chapter 227;''.
(b) National Rail Plan.--Chapter 227 is amended to read as
follows:

``Sec.  22701. National Rail Plan

``(a) In General.--The Secretary of Transportation shall--
``(1) not later than 1 year after the date of enactment of
the --
``(A) develop a long-range national rail plan--
``(i) in coordination with the Administrator of the Federal
Railroad Administration and the Surface Transportation Board;
and
``(ii) in consultation with Amtrak, freight railroads,
nonprofit employee labor organizations, and other rail
industry stakeholders; and
``(B) submit the national rail plan under subparagraph (A)
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives;
``(2) routinely update the national rail plan--
``(A) in coordination with the Administrator of the Federal
Railroad Administration and the Surface Transportation Board;
and
``(B) in consultation with Amtrak, freight railroads,
nonprofit employee labor organizations, and other rail
industry stakeholders; and
``(3) submit the updated national rail plan under paragraph
(2) at the same time as the President's budget submission.
``(b) National Rail Plan.--The national rail plan shall--
``(1) be subject to refinement by regional and State rail
plans;
``(2) be consistent with the rail needs of the Nation and
Federal surface transportation or multi-modal policies and
plans, as determined by the Secretary;
``(3) promote an integrated, cohesive, safe, efficient, and
optimized national rail system for the movement of goods and
people and to support the national economy and other national
needs; and
``(4) contain a specific national intercity passenger rail
development plan and a freight rail plan that are consistent
with other Federal strategy, planning, and investment
efforts.
``(c) Objectives.--The objectives of the national rail plan
are--
``(1) to implement a national policy and strategy to
support, preserve, improve, and further develop existing and
future high-speed and intercity passenger rail transportation
and freight rail transportation; and
``(2) to provide a national framework to be refined and
implemented by regional rail plans under section 22702 and
State rail plans under 22703.
``(d) Contents.--The national rail plan shall include--
``(1) the conditions under which Federal investments in
intercity passenger rail and freight rail are justified,
including consideration of--
``(A) population size and density;
``(B) projected population and economic growth and changing
demographic characteristics;
``(C) connections to local rail and bus transit,
alternative transportation options, and multi-modal freight
transportation nodes;
``(D) economic profile of specific markets;
``(E) congestion on existing transportation facilities and
constraints on future capacity enhancements, in relation to
efficient movement of both goods and people;
``(F) distances between markets;
``(G) geographic characteristics;
``(H) demand for present and future freight rail
transportation services;
``(I) ability to serve underserved communities and enhance
intra-and inter-regional connectivity of mega-regions;
``(J) transportation safety data and analyses;
``(K) travel market size; and
``(L) availability and quality of service from other
transportation modes within a market;
``(2) a national map with a prioritized designation of
existing and developing markets to be served by specific rail
routes and services that meet the criteria described in
paragraph (1);
``(3) defined corridor and service categories, including--
``(A) services to be offered;
``(B) peak or average speeds to be achieved;
``(C) frequencies to be offered; and
``(D) populations to be served;
``(4) a schedule and strategy for the phased implementation
of corridors and services identified in the plan;
``(5) a discussion of benefits and costs of potential
investments in high-speed or intercity passenger rail or
freight rail that considers all system user and public
benefits and costs from a network perspective, including
factors such as potential ridership, travel time reductions
and improved reliability, benefits of enhanced mobility of
goods and people, environmental benefits, economic
development benefits, and other public benefits;
``(6) a strategy for investments in passenger stations,
including investment in intermodal stations that are linked
to local public transportation, other intercity
transportation modes, and non-motorized transportation
options, and that connect residential areas, commercial
areas, and other nearby transportation facilities that
support intercity passenger rail and high-speed rail service,
and in freight-related facilities, that is consistent with
other Federal strategy, planning, and investment efforts;
``(7) performance standards for fiscal and operational
performance of new and enhanced high-speed and intercity
passenger rail services;
``(8) analysis of the environmental impacts of the national
rail plan;
``(9) recommendations for project financing, management and
implementation for corridor development, station development,
freight capacity development, and similar projects;
``(10) recommendations for the integration of freight and
passenger service in a manner that provides for mutual and
complementary growth;
``(11) a plan for integrating any proposed new services
with existing services;
``(12) service design and project execution protocols,
including design and construction standards, requirements
needed to ensure interoperability, and any other protocols
the Secretary deems appropriate; and
``(13) additional factors that the Secretary deems
relevant.

``Sec.  22702. Regional rail plans

``(a) In General.--The Secretary shall--
``(1) develop a regional rail plan for each region, except
the Northeast Corridor, that contains a detailed plan for
implementing the national rail plan, including any plans for
public investment in projects that contribute to efficient
movement and increased capacity for freight by--
``(A) regional rail authorities, as defined by the
Secretary; or
``(B) any 2 or more States that have entered into
interstate compacts, agreements, or organizations for the
purpose of developing such plans; and
``(2) in developing each regional rail plan, coordinate
with--
``(A) States;
``(B) local communities;
``(C) railroad infrastructure owners;
``(D) regional air quality planning agencies;
``(E) Amtrak;
``(F) passenger rail service operators;
``(G) freight railroad operators;
``(H) metropolitan planning organizations;
``(I) governing authorities for transit systems or
airports;
``(J) tribal governments;
``(K) the general public, including low-income and minority
populations, people with disabilities, and older Americans;
and

[[Page S1351]]

``(L) non-profit labor employee organizations.
``(b) Purposes.--The purposes of a regional rail plan shall
be to refine and advance the implementation of the national
rail plan under section 22701.
``(c) Contents.--A regional rail plan shall include--
``(1) a map--
``(A) that indicates detailed alignment alternatives for
any new corridor identified in the national rail plan under
section 22701; and
``(B) that identifies the location of each potential new
station;
``(2) a phasing plan for developing or upgrading specific
segments of the regional network;
``(3) the identification of any environmental impact
analyses required under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) or other laws (including
regulations);
``(4) a full capital cost estimate for developing the
regional network;
``(5) an analysis of operating financial forecasts;
``(6) a benefit-cost analysis for the regional network that
considers both user and public benefits and the costs from a
network perspective, including factors such as ridership
projections, travel time reductions, enhanced mobility
benefits, environmental benefits, economic benefits, and
other public benefits;
``(7) an analysis of potential land use policies and
strategies for areas near high-speed and intercity passenger
rail stations;
``(8) potential non-Federal funding sources, including a
detailed consideration of anticipated private sector
participation;
``(9) a proposal for the institutional and governance
structures that will be necessary to develop the regional
network;
``(10) other project implementation considerations,
including an analysis of the readiness of specific corridors
to proceed for development;
``(11) an examination of multi-modal connections that
considers the most cost-effective means for achieving the
region's transportation goals and objectives;
``(12) identification of plans for cost-effective, public
investment in intercity passenger rail projects that
contribute toward the efficient movement and increased
capacity for freight rail operations;
``(13) a list of capital projects needed to implement a
region's portion of the national rail plan;
``(14) a plan for coordinating service and capital projects
with adjacent regions;
``(15) a plan for crossing international borders, as
appropriate;
``(16) a plan for integrating any proposed new services
with existing service; and
``(17) a description of how the regional rail plan refines
and advances the implementation of the national rail plan.
``(d) Updates.--Not later than 1 year after the publication
of the national rail plan under section 22701 and
periodically thereafter, the Secretary shall update each
regional rail plan--
``(1) to reflect any material changes to the contents under
subsection (c); and
``(2) to include any changes made to the national rail plan
under section 22701.
``(e) Waiver.--The Secretary may waive a content
requirement under subsection (c) as necessary to accommodate
a unique characteristic or situation in a region.

``Sec.  22703. State rail plans

``(a) In General.--A State may prepare and maintain a State
rail plan. A State rail plan shall--
``(1) be consistent with the national rail plan under
section 22701;
``(2) be consistent with the regional rail plans under
section 22702;
``(3) coordinate with other State transportation planning
goals and programs, including the statewide transportation
plans under section 135 of title 23, and
``(4) set forth rail transportation's role within the
State's transportation system.
``(b) Purposes.--The purposes of a State rail plan shall be
to refine and advance the implementation of the national rail
plan and relevant regional rail plan under sections 22701 and
22702.
``(c) Objectives.--The objectives of a State rail plan
shall be--
``(1) to set forth the State's policy on freight and
intercity passenger rail transportation, including commuter
rail operations, within the State;
``(2) to establish the time period covered by the State
rail plan;
``(3) to present the priorities and strategies to enhance
rail service within the State that benefits the public; and
``(4) to serve as the basis for Federal and State rail
investments within the State.
``(d) Requirements.--
``(1) Establishment.--The Secretary shall establish minimum
requirements, consistent with sections 22701 and 22702, for
the preparation and periodic revision of a State rail plan,
including--
``(A) the establishment or designation of a State rail
transportation authority to prepare, maintain, coordinate,
and administer the State rail plan;
``(B) the establishment or designation of a State approval
authority to approve the State rail plan;
``(C) the submission of the State's approved State rail
plan to the Secretary for review and approval; and
``(D) the revision and resubmittal of a State-approved
State rail plan for review and approval by the Secretary not
less than once every 5 years.
``(2) Review.--The Secretary shall prescribe procedures for
a State to submit a State rail plan for review and approval,
including standardized format and data requirements.
``(3) Compliance.--The Secretary shall deem a State rail
plan to be in compliance with this chapter if the State rail
plan--
``(A) is completed before the date of enactment of the ;
and
``(B) substantially meets the requirements of chapter 227
as in effect on the day before the date of enactment of .
``(4) Updates.--A State rail plan that is deemed in
compliance under paragraph (3) shall be updated not later
than 1 year after the date of enactment of the .
``(e) Contents.--A State rail plan shall include--
``(1) an inventory of the existing overall rail
transportation system and rail services and facilities within
the State;
``(2) an analysis of the role of rail transportation within
the State's surface transportation system;
``(3) a review of all rail lines within the State,
including any proposed high-speed rail corridors and
significant rail line segments not currently in service;
``(4) a statement of the State's passenger rail service
objectives, including minimum service levels, for rail
transportation routes within the State;
``(5) a general analysis of rail's transportation,
economic, and environmental impacts within the State,
including congestion mitigation, trade and economic
development, air quality, land-use, energy-use, and community
impacts;
``(6) a long-range rail service and investment program for
current and future freight and intercity passenger
infrastructure within the State that meets the requirements
under subsection (f);
``(7) a statement of the public financing issues for rail
projects or service within the State, including a list of
current and prospective public capital and operating funding
resources, public subsidies, State taxation, and other
financial policies relating to rail infrastructure
development;
``(8) the identification of rail infrastructure issues
within the State, after consulting with relevant
stakeholders;
``(9) a review of major passenger and freight intermodal
rail connections and facilities within the State, including
seaports;
``(10) a list of prioritized options to maximize service
integration and efficiency between rail and other modes of
transportation within the State;
``(11) a review of publicly funded projects within the
State to improve rail transportation safety and security,
including major projects funded under section 130 of title
23;
``(12) a performance evaluation of passenger rail services
operating in the State, including possible improvements to
those services and a description of strategies to achieve the
improvements;
``(13) a compilation of studies and reports on high-speed
rail corridor development within the State that were not
included in a prior plan under this chapter;
``(14) a plan for funding any recommended development of a
high-speed rail corridor within the State; and
``(15) a statement that the State is in compliance with the
requirements of section 22102.
``(f) Long-range Rail Service and Investment Program.--
``(1) Contents.--A long-range rail service and investment
program under subsection (e)(6) shall include--
``(A) a prioritized list of any freight or intercity
passenger rail capital projects expected to be commenced or
supported in whole or in part by the State; and
``(B) a detailed capital and operating funding plan for
each rail capital project under subparagraph (A).
``(2) Rail capital projects list.--
``(A) Contents.--A list of rail capital projects under
paragraph (1)(A) shall include--
``(i) a description of the anticipated public and private
benefits of each rail capital project; and
``(ii) a statement of the correlation between--

``(I) public funding contributions for each rail capital
project; and
``(II) the public benefits.

``(B) Considerations.--A State rail transportation
authority shall consider, when preparing a list of rail
capital projects under this subsection--
``(i) contributions made by non-Federal and non-State
sources through user fees, matching funds, or other private
capital involvement;
``(ii) rail capacity and congestion effects;
``(iii) effects on highway, aviation, and maritime
capacity, congestion, and safety;
``(iv) regional balance;
``(v) environmental impact;
``(vi) economic and employment impacts; and
``(vii) projected ridership and other service measures for
passenger rail projects.
``(g) A State shall not be eligible to receive financial
assistance under chapter 244 or 261 unless the State
completes a State rail plan pursuant to this section.

``Sec.  22704. Transparency and coordination

``(a) Preparation and Review.--

[[Page S1352]]

``(1) Federal transparency.--The Secretary of
Transportation shall provide adequate and reasonable notice
and an opportunity for comment to the public, rail carriers,
commuter and transit authorities (operating in or affected by
rail operations within the region or State), units of local
government, and other interested parties when the Secretary
prepares or reviews the national rail plan under section
22701 or a regional rail plan under section 22702.
``(2) State transparency.--A State shall provide adequate
and reasonable notice and an opportunity for comment to the
public, rail carriers, commuter and transit authorities
(operating in or affected by rail operations within the
region or the State), units of local government, and other
interested parties, when the State prepares or reviews a
State rail plan under section 22703.
``(b) Intergovernmental Coordination.--A State shall--
``(1) review the freight and passenger rail service
activities and initiatives by regional planning agencies,
regional transportation authorities, and municipalities
(within the State or within the region in which the State is
located) when preparing a State rail plan; and
``(2) include any recommendations made by the regional
planning agencies, regional transportation authorities, and
municipalities (within the State or within the region in
which the State is located), as deemed appropriate by the
State.

``Sec.  22705. Definitions

``In this chapter:
``(1) Private benefit.--The term `private benefit' means a
benefit--
``(A) that is determined on a project-by-project basis,
based upon an agreement between the parties;
``(B) that is accrued to a person or private entity, other
than Amtrak, that directly improves the economic and
competitive condition of the person or private entity through
improved assets, cost reductions, service improvements, or
other means as defined by the Secretary; or
``(C) that is defined by the Secretary, with advice from
the States and rail carriers if the Secretary deems such
advice necessary.
``(2) Public benefit.--The term `public benefit' means a
benefit--
``(A) that is determined on a project-by-project basis,
based upon an agreement between the parties;
``(B) that is accrued to the public, including Amtrak, in
the form of enhanced mobility of people or goods,
environmental protection or enhancement, congestion
mitigation, enhanced trade and economic development, improved
air quality or land use, more efficient energy use, enhanced
public safety or security, reduction of public expenditures
due to improved transportation efficiency or infrastructure
preservation, and any other positive community effects as
defined by the Secretary; or
``(C) that is defined by the Secretary, with advice from
the States and rail carriers if the Secretary deems such
advice necessary.
``(3) State.--The term `State' means any of the 50 States
and the District of Columbia.
``(4) State rail transportation authority.--The term `State
rail transportation authority' means the State agency or
official responsible under the direction of the Governor of
the State or a State law for the preparation, maintenance,
coordination, and administration of the State rail plan.''.

SEC. 36102. IMPROVED DATA ON DELAY.

Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation, in coordination with
Amtrak, freight railroads, and other parties, as appropriate,
shall develop guidance for developing improved, including
automated, means of measuring on-time performance delays.

SEC. 36103. DATA AND MODELING.

(a) Data.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
conduct a data needs assessment, in consultation with the
Surface Transportation Board, Amtrak, freight railroads, and
State and local governments, to support the development of an
efficient and effective intercity passenger rail network. The
data needs assessment shall, among other things--
(1) identify the data needed to conduct cost-effective
modeling and analysis for high-speed and intercity passenger
rail development programs;
(2) determine limitations to the data used for inputs and
develop a strategy to address the limitations;
(3) identify barriers to accessing existing data;
(4) include recommendations regarding whether the
authorization of additional data collection for intercity
passenger rail travel is warranted; and
(5) determine which entities will be responsible for
generating or collecting needed data.
(b) Modeling.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
develop or improve modeling capabilities to support the
development of an efficient and effective intercity passenger
rail network, including service development, capacity
expansion, cost-effectiveness, and ridership estimates.
(c) Benefit-cost Analysis.--Not later than 1 year after the
date of enactment of this Act, the Secretary of
Transportation shall enhance the usefulness of assessments of
benefits and costs, for both intercity passenger rail and
freight rail projects by--
(1) providing ongoing guidance and training on developing
benefit and cost information for rail projects;
(2) providing more direct and consistent requirements for
assessing benefits and costs across transportation funding
programs, including the appropriate use of discount rates;
(3) requiring an applicant to clearly communicate the
methodology that is used to calculate the project benefits
and costs, including information on assumptions underlying
calculations, strengths and limitations of data used, and the
level of uncertainty in estimates of project benefits and
costs; and
(4) ensuring that an applicant receives clear and
consistent guidance on values to apply for key assumptions
used to estimate potential project benefits and costs.
(d) Confidential Data.--For the purposes of this section,
the Secretary of Transportation shall protect any
confidential data from public disclosure and such
confidential data shall only be provided on the basis of a
voluntary agreement.

SEC. 36104. SHARED-USE CORRIDOR STUDY.

(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall complete a shared-
use corridor study, in consultation with the Surface
Transportation Board, Amtrak, freight railroads, States, non-
profit employee labor organizations, and other users of the
rail system, as appropriate, to evaluate the best means to
enhance and support the further development of high-speed and
intercity passenger rail service within United States shared-
use corridors.
(b) Contents.--In conducting the shared-use corridor study,
the Secretary shall--
(1) survey the access arrangements for high-speed and
intercity passenger rail service for use of rail
infrastructure, assets and facilities owned by freight
railroads, commuter authorities, or other entities, and
standard processes for the resolution of disputes relating to
such access;
(2) evaluate the roles and responsibilities of high-speed
and intercity passenger rail, freight rail, and commuter rail
service providers and infrastructure owners in complying with
Federal, State, and local applicable requirements within
United States shared-use corridors;
(3) evaluate the roles and responsibilities of Federal,
State, and local governments, infrastructure owners, and high
speed and intercity passenger rail, freight rail, and
commuter rail service providers in supporting both the
preservation and expansion of high-speed and intercity
passenger rail service, freight transportation, and commuter
transportation on shared infrastructure or rights-of-way;
(4) evaluate the roles and responsibilities of high-speed
and intercity passenger rail, freight rail, and commuter rail
service providers in achieving satisfactory on time
performance for passenger and freight rail services in shared
use corridors; and
(5) evaluate other issues identified by the Secretary.
(c) Report.--Not later than 90 days after the date the
shared-use corridor study is completed under subsection (a),
the Secretary shall--
(1) report the results of the shared-use corridor study to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation
and Infrastructure; and
(2) make the shared-use corridor study available to the
public on the Department of Transportation's website.

SEC. 36105. COOPERATIVE EQUIPMENT POOL.

(a) In General.--The Next Generation Corridor Equipment
Pool Committee established under section 305 of the Passenger
Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101
note) shall continue to implement its authorized functions,
as appropriate, and shall maintain and update, as needed, the
specifications created by the Committee.
(b) Equipment Pooling Entity.--Section 305 of the Passenger
Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101
note), is amended by adding at the end the following:
``(f) Equipment Pooling Entity.--
``(1) Establishment.--Not later than 1 year after the date
of enactment of the , the Committee shall create an equipment
pooling entity that includes--
``(A) Amtrak;
``(B) States that purchase, with Federal funds, intercity
passenger rail rolling stock and equipment that is built in
accordance with the specifications created by the Next
Generation Corridor Equipment Pool Committee; and
``(C) other States and entities, as appropriate.
``(2) In general.--The equipment pooling entity--
``(A) may--
``(i) be a corporation or other cooperative entity; and
``(ii) be owned or jointly-owned by Amtrak, a participating
State, or other entity; and
``(B) shall be authorized to--
``(i) lease or acquire intercity passenger rail rolling
stock and equipment used in State-supported corridor services
on routes that are not more than 750 miles between end
points, including by entering into agreements for the
funding, financing, procurement, remanufacture, ownership,
and disposal of the intercity passenger rail rolling stock
and equipment;

[[Page S1353]]

``(ii) maintain, manage, and allocate intercity passenger
rail rolling stock and equipment for use in State-supported
corridor services, including by charging appropriate amounts
for the use (including depreciation and financing costs) of
the intercity passenger rail rolling stock and equipment; and
``(iii) ensure adequate quantity and quality of appropriate
intercity passenger rail rolling stock and equipment to
support the State-supported corridor services' needs as
identified in the national rail plan, regional rail plans, or
State rail plans under chapter 227.
``(3) Transfer of equipment.--Amtrak, after consultation
with the Secretary, may sell, lease, or otherwise transfer
equipment currently owned or leased by Amtrak to the
equipment pooling entity. The operation and utilization of
any equipment transferred to the equipment pooling entity
shall be covered by section 24405(b).
``(4) Transfer requirement.--A State shall sell, lease, or
otherwise transfer equipment built in accordance with the
specifications created by the Next Generation Corridor
Equipment Pool Committee and purchased with Federal funds to
the equipment pooling entity unless the Secretary exempts a
State from this requirement.
``(g) Grant Funding.--A capital project to carry out this
section shall be eligible for grants under chapter 244. The
equipment pooling entity shall be an eligible grant recipient
under chapter 244.''.

SEC. 36106. PROJECT MANAGEMENT OVERSIGHT AND PLANNING.

Section 101(d) of the Passenger Rail Investment and
Improvement Act of 2008 (122 Stat. 4908) is amended--
(1) by striking ``\1/2\ of''; and
(2) by inserting ``and joint capital planning'' after
``oversight''.

SEC. 36107. IMPROVEMENTS TO THE CAPITAL ASSISTANCE PROGRAMS.

(a) Amendments to Chapter 244.--Chapter 244 is amended--
(1) in section 24401(1)--
(A) by striking ``or'' the first place it appears; and
(B) by striking ``service.'' and inserting ``service, or
Amtrak.'';
(2) by amending section 24402(b) to read as follows:
``(b) Project as Part of the National Rail Plan, Regional
Rail Plans, or State Rail Plans.--
``(1) Grant approval.--The Secretary may not approve a
grant for a project under this section unless the Secretary
finds that--
``(A) the project is part of the national rail plan, a
regional rail plan, or a State rail plan under chapter 227;
or
``(B) the project is part of the capital spending plan
under section 211 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24902 note); and
``(C) the applicant or recipient has or will have directly
or through appropriate agreements with other entities, as
approved by the Secretary--
``(i) the legal, financial, and technical capacity to carry
out the project;
``(ii) satisfactory continuing control over the use of the
equipment or facilities; and
``(iii) the capability and willingness to maintain the
equipment or facilities.
``(2) Provision of information.--An applicant or recipient
shall provide sufficient information for the Secretary to
make the required findings under this subsection.
``(3) Justification.--An applicant or recipient, except for
Amtrak, that did not select the proposed operator of its
service competitively shall provide written justification to
the Secretary substantiating--
``(A) why the proposed operator is the best, taking into
account price and other factors; and
``(B) that the use of the proposed operator will not
unnecessarily increase the cost of the project.'';
(3) in section 24402(c)--
(A) by amending paragraph (1)(A) to read as follows:
``(1) that the project be part of the national rail plan, a
regional rail plan, or a State rail plan under chapter 227,
or the capital spending plan under section 211 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24902 note);'';
(B) in paragraph (1)(D), by inserting ``, except for
Amtrak,'' after ``an applicant'';
(C) by amending paragraph (1)(F) to read as follows:
``(F) that each project be compatible with and operate in
conformance with plans developed pursuant to the requirements
of section 135 of title 23, United States Code;'';
(D) in paragraph (2)(C), by striking ``and'';
(E) in paragraph (3)(B)(iii), by striking the period and
inserting ``; and''; and
(F) by adding at the end the following:
``(4) achieve the appropriate mix of projects selected for
funding to ensure the advancement of the national rail plan,
including both the development of new or expanded routes and
services and the maintenance and improvement of the current
rail system.'';
(4) by amending section 24402(d) to read as follows:
``(d) State Rail Plans.--State rail plans completed before
the date of enactment of the Passenger Rail Investment and
Improvement Act of 2008 (122 Stat. 4907) that substantially
meet the requirements of chapter 227 as in effect on the day
before the date of enactment of the , shall be deemed by the
Secretary to have met the requirements of subsection
(c)(1)(A) of this section.'';
(5) by amending section 24402(e) to read as follows:
``(e) Project Transfers.--The Secretary may permit a
recipient under this section to enter into a cooperative
agreement to transfer the grant and related responsibilities
and requirements to Amtrak to expedite, enhance, or otherwise
facilitate the completion of the project and any such
transfer shall be subject to the requirements of this
chapter.'';
(6) in the heading of section 24402(f), by striking ``and
Early Systems Work Agreements'';
(7) by amending section 24402(f)(1) to read as follows:
``(1) In implementing this section, the Secretary may issue
a letter of intent to an applicant announcing an intention to
obligate, for a major capital project under this section, an
amount from future available budget authority specified in
law that is not more than the amount stipulated as the
financial participation of the Secretary in the project.'';
(8) in section 24402(g) by--
(A) amending paragraph (1)(B) to read as follows:
``(B) A grant--
``(i) for a project designated as part of a priority
corridor or service by the national rail plan and scheduled
within the national rail plan to be implemented within a time
frame consistent with the grant application shall not exceed
80 percent of the project net capital cost;
``(ii) for a project to implement a performance improvement
plan under section 24710 shall not exceed 100 percent of the
net project capital cost; and
``(iii) for any other project shall not exceed 50 percent
of the net project capital cost.''; and
(B) by adding at the end the following:
``(5) When Amtrak is an applicant under this chapter, it
may use ticket and other revenues generated from its
operations and other sources to satisfy the non-Federal share
requirements under this subsection, except that Amtrak may
not use Federal funds authorized under subsections (a) or (c)
of section 101 of the Passenger Rail Investment and
Improvement Act of 2008 (122 Stat. 4908).'';
(9) in section 24402(h), by striking ``2'' each place it
appears and inserting ``3'';
(10) in section 24402(i)(1), by striking ``A metropolitan
planning organization, State transportation department, or
other project sponsor'' and inserting ``An applicant'';
(11) by amending section 24402(k) to read as follows:
``(k) Small Capital Projects.--The Secretary shall make not
less than 5 percent annually available from the amounts
appropriated under section 24406 beginning in fiscal year
2009 for grants for capital projects eligible under this
section not exceeding $10,000,000, including costs eligible
under section 209(d) of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24101 note). For grants
awarded under this subsection, the Secretary may waive one or
more of the requirements of this section, including State
rail plan requirements, or of section 24405(c)(1)(B), as
appropriate.'';
(12) by amending section 24403(b) to read as follows:
``(b) Secretarial Oversight and Participation.--
``(1) The Secretary may use not more than 1 percent of
amounts made available in a fiscal year for capital projects
under this chapter to participate in the planning,
management, and oversight of the development and
implementation of any such projects.
``(2) The Secretary may use amounts available under
paragraph (1) to directly undertake or make contracts for
project planning and design participation or safety,
procurement, management, and financial compliance reviews and
audits of a recipient of grants awarded under this chapter.
``(3) The Federal Government shall pay the entire cost of
carrying out a contract under this subsection.''; and
(13) in section 24405 by adding ``or between Amtrak and the
railroad'' after ``railroad'' in subsection (c)(1).
(b) Chapter 244 Grant Procedures.--Not later than 180 days
after the date of enactment of this Act, the Secretary of
Transportation shall issue a final rule establishing grant
procedures, as required by section 24402(a) of title 49,
United States Code.
(c) Amendments to Chapter 261.--Chapter 261 is amended--
(1) in section 26106--
(A) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary of Transportation shall
establish and implement a high-speed rail corridor program
consistent with the national rail plan, regional rail plans,
and State rail plans required by chapter 227 of title 49,
United States Code.'';
(B) by amending subsection (b)(2) to read as follows:
``(2) Corridor.--The term `corridor' means--
``(A) a corridor designated by the Secretary pursuant to
section 104(d)(2) of title 23; or
``(B) a corridor expected to achieve high-speed service
pursuant to section 22701 of title 49.'';
(C) in subsection (e)(2)(A)--
(i) in clause (ii), by inserting ``, directly or through
appropriate agreements with other entities,'' after ``have'';
(ii) in clause (v), by inserting ``, except for Amtrak,''
after ``applicant'';

[[Page S1354]]

(iii) in clause (vi), by striking ``; and'' and inserting a
semicolon;
(iv) in clause (vii)(II), by striking ``(if it is
available)''; and
(v) by adding at the end the following:
``(viii) that the project and the high-speed rail services
it supports are coordinated and integrated with existing and
planned conventional intercity passenger rail services;
``(ix) that the Secretary, and Amtrak at the Secretary's
request, are permitted to participate in the planning,
design, management, and delivery of the project, as necessary
to ensure project success and promote interstate commerce;
and
``(x) that the Federal government is accorded an
appropriate participation, oversight, ownership, or control
in the project commensurate with the level of Federal
investment as determined by the Secretary;''; and
(D) in subsection (e)(4), by striking ``pursuant to section
22506 of this title''.
(d) Congestion Grants.--Section 24105 is amended--
(1) in subsection (a)--
(A) by striking ``in cooperation with States'' and ``high
priority rail corridor'';
(B) by striking ``congestion'' and inserting ``freight or
commuter railroad congestion that impacts intercity passenger
trains, enhance route performance, preserve service,''; and
(C) by striking the period and inserting ``on routes
defined under section 24102(5)(C).'';
(2) in subsection (b)--
(A) by inserting ``or the Federal Railroad Administration''
after ``Amtrak'';
(B) by striking ``congestion'' and inserting ``freight or
commuter railroad congestion that impacts intercity passenger
trains, enhance route performance, preserve service,'';
(C) by striking ``; and'' and inserting a period; and
(D) by striking paragraph (3);
(3) in subsection (c), by striking ``80'' and inserting
``100''; and
(4) in subsection (d), by inserting ``, except that the
Secretary may waive the requirements of section
24405(c)(1)(B), as appropriate, for grants totaling less than
$10,000,000'' after ``title''.
(e) Additional High-Speed Rail Projects.--The Passenger
Rail Investment and Improvement Act of 2008 (122 Stat. 4907)
is amended by striking section 502.

SEC. 36108. LIABILITY.

(a) Clarification of Commuter Rail Liability.--Section
28103 is amended--
(1) in subsection (a)(2), by inserting, ``, including
commuter rail passengers,'' after ``rail passengers,'';
(2) by amending subsection (b) to read as follows:
``(b) Contractual Obligations.--A provider of rail
passenger transportation may enter into contracts that
allocate financial responsibility for claims. Such contracts
shall be enforceable notwithstanding any other provision of
law, common law, or public policy, or the nature of the
conduct giving rise to the damages or liability.''; and
(3) in subsection (e)--
(A) by striking ``and'' at the end of paragraph (2);
(B) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) the term `rail passenger transportation' includes
commuter rail transportation.''.
(b) Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
conduct a study regarding options for clarifying and
improving passenger rail liability requirements and
arrangements, including those related to environmental
liability, necessary for supporting the continued development
and improvement of the national passenger rail system and the
furtherance of the national rail plan under chapter 227 of
title 49, United States Code. The study shall consider--
(A) whether to expand statutory liability limits to third
parties; and
(B) whether to revise the current statutory liability
limits based on inflation or other methods to improve the
certainty of liability coverage.
(2) Report.--Not later than 90 days after the date of
completion of the study, the Secretary shall submit the
results of the study and any associated recommendations to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.

SEC. 36109. DISADVANTAGED BUSINESS ENTERPRISES.

(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(2) Small business concern.--The term ``small business
concern'' has the meaning given the term in section 3 of the
Small Business Act (15 U.S.C. 632), except the term does not
include any concern or group of concerns that--
(A) are controlled by the same socially and economically
disadvantaged individual or individuals; and
(B) have average annual gross receipts over the preceding 3
fiscal years in excess of $22,410,000, as adjusted annually
by the Secretary for inflation.
(3) Socially and economically disadvantaged individuals.--
(A) In general.--
(i) Socially disadvantaged individuals.--The term
``socially disadvantaged individuals'' has the meaning given
the term in section 8(a)(5)of the Small Business Act (15
U.S.C. 637(a)(5)), and relevant subcontracting regulations
issued pursuant to that Act.
(ii) Economically disadvantaged individuals.--The term
``economically disadvantaged individuals'' has the meaning
given the term in section 8(a)(6) of the Small Business Act
(15 U.S.C. 637(a)(6)), and relevant subcontracting
regulations issued pursuant to that Act.
(B) Inclusions.--For purposes of this section, women shall
be presumed to be socially and economically disadvantaged
individuals.
(b) In General.--Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts
made available for any program under chapter 244, section
24105, or section 26106 of title 49, United States Code,
shall be expended through a small business concern owned and
controlled by 1 or more socially and economically
disadvantaged individuals.
(c) Annual Listing of Disadvantaged Small Business
Concerns.--Each State shall annually--
(1) survey each small business concern in the State;
(2) compile a list of all of the small business concerns in
the State, including the location of each small business
concern in the State; and
(3) notify the Secretary, in writing, of the percentage of
the small business concerns that--
(A) are controlled by women;
(B) are controlled by socially and economically
disadvantaged individuals (except for women); and
(C) are controlled by individuals who are women and who are
socially and economically disadvantaged individuals.
(d) Uniform Certification.--The Secretary shall establish
minimum uniform criteria for State governments to use in
certifying whether a small business concern qualifies under
this section. The minimum uniform criteria shall include--
(1) an on-site visit;
(2) a personal interview;
(3) a license;
(4) an analysis of stock ownership;
(5) an analysis of bonding capacity;
(6) the listing of equipment;
(7) the listing of work completed; and
(8) a resume of each principal owner, the financial
capacity, and the type of work preferred.
(e) Reporting.--The Secretary shall establish minimum
requirements for State governments to use in reporting to the
Secretary information concerning disadvantaged business
enterprise awards, commitments, and achievements, and such
other information as the Secretary determines appropriate for
the proper monitoring of the disadvantaged business
enterprise program.
(f) Compliance With Court Orders.--Nothing in this section
shall limit the eligibility of a person to receive funds made
available under chapter 244, section 24105, or section 26106
of title 49, United States Code, if the person is prevented,
in whole or in part, from complying with subsection (b)
because a Federal court issues a final order in which the
court finds that the requirement of subsection (b) or the
program established under subsection (b) is unconstitutional.

SEC. 36110. WORKFORCE DEVELOPMENT.

Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation shall, in consultation
with the States, local governments, Amtrak, freight railroad,
and non-profit employee labor organizations--
(1) complete a study regarding workforce development needs
in the passenger and freight rail industry, including what
knowledge and skill gaps in planning, financing, engineering,
and operating passenger and freight rail systems exist, to
assist in creating programs to help improve the rail
industry;
(2) make recommendations based on the results of the study;
and
(3) report the findings and recommendations to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.

SEC. 36111. VETERANS EMPLOYMENT.

Not later than 180 days after the date of enactment of this
Act, the Secretary of Transportation shall--
(1) conduct a study to evaluate the best means for
providing a preference to veterans in the awarding of
contracts and subcontracts using amounts made available under
chapter 244, and sections 24105 and 26104 of title 49, United
States Code;
(2) make recommendations based on the results of the study;
and
(3) report the findings and recommendations to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.

Subtitle B--Amtrak

SEC. 36201. STATE-SUPPORTED ROUTES.

(a) Grant Availability.--In addition to the uses permitted
under section 209(d) of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24101 note), a State may
use funds provided under section 24406 of title 49, United
States Code, to temporarily pay Amtrak some or all of the
operating costs for services identified under section

[[Page S1355]]

24102(5)(D) of title 49, United States Code, determined under
the methodology established pursuant to section 209 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note), that exceed--
(1) the operating costs (adjusted for inflation) that the
State paid Amtrak for the same services in the year prior to
the implementation of section 209 of that Act; or
(2) if the services were not fully State-supported in that
year, the full cost the State would have paid Amtrak under
the State-supported service costing methodology then in
effect.
(b) Transition Assistance Guidance.--Not later than 180
days after the Surface Transportation Board determines the
appropriate methodology pursuant to section 209 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note), the Secretary shall develop a transition
assistance guidance that includes--
(1) criteria for phasing-out the temporary operating
assistance under this section not later than October 1, 2017;
(2) a grant application process that permits--
(A) States to apply for such funds individually or
collectively; and
(B) Amtrak to be considered the grant recipient of such
funds upon an agreement between a State or States and Amtrak;
and
(3) policies governing financial terms, repayment
conditions, and other terms of financial assistance.
(c) Eligibility.--To be eligible for Federal transition
assistance, an intercity passenger rail service shall provide
high-speed or intercity passenger rail revenue operation on
routes that are subject to section 209 of the Passenger Rail
Investment and Improvement Act of 2008 (49 U.S.C. 24101
note).
(d) Federal Share.--The Federal share of grants under this
paragraph for eligible costs may be up to 100 percent of the
total costs under subsection (a).

SEC. 36202. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS
ADVISORY COMMISSION.

(a) Northeast Corridor Infrastructure and Operations
Advisory Commission Improvements.--Section 24905 is amended--
(1) by amending the section heading to read as follows:

``SEC. 24905. NORTHEAST CORRIDOR INFRASTRUCTURE AND
OPERATIONS ADVISORY COMMISSION IMPROVEMENTS.'';

(2) by redesignating subsection (e) as subsection (g);
(3) by striking subsections (a), (b), (c), (d), and (f) and
inserting before subsection (g), as redesignated, the
following:
``(a) Northeast Corridor Infrastructure and Operations
Advisory Commission.--
``(1) In general.--The Secretary of Transportation shall
establish a Northeast Corridor Infrastructure and Operations
Advisory Commission (referred to in this section as the
`Commission') to foster the creation and implementation of a
unified, regional, long-term investment strategy for the
Northeast Corridor and to promote mutual cooperation and
planning pertaining to the capital investment, rail
operations and related activities of the Northeast Corridor.
The Commission shall be made up of--
``(A) members representing Amtrak;
``(B) members representing the Department of
Transportation, including the Federal Railroad Administration
and the Office of the Secretary;
``(C) 1 member from each of the States (including the
District of Columbia) that constitute the Northeast Corridor
as defined in section 24102, designated by, and serving at
the pleasure of, the chief executive officer thereof; and
``(D) non-voting representatives of freight railroad
carriers using the Northeast Corridor selected by the
Secretary.
``(2) Membership.--The Secretary shall ensure that the
membership belonging to any of the groups enumerated under
paragraph (1) shall not constitute a majority of the
Commission's memberships.
``(3) Meetings.--The Commission shall--
``(A) establish a schedule and location for convening
meetings;
``(B) meet not less than 4 times per fiscal year; and
``(C) develop rules and procedures to govern the
Commission's proceedings.
``(4) Vacancies.--A vacancy in the Commission shall be
filled in the manner in which the original appointment was
made.
``(5) Travel expenses.--Members shall serve without pay but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of
title 5.
``(6) Chairperson.--The Chairperson of the Commission shall
be elected by the members.
``(7) Personnel.--The Commission may appoint and fix the
pay of such personnel as the Commission considers
appropriate.
``(8) Detailees.--Upon request of the Commission, the head
of any department or agency of the United States may detail,
on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in
carrying out its duties under this section.
``(9) Administrative support.--Upon the request of the
Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission
to carry out its responsibilities under this section.
``(10) Consultation with other entities.--The Commission
shall consult with other entities as appropriate.
``(b) Statement of Goals and Recommendations.--
``(1) Statement of goals.--The Commission shall develop a
statement of goals concerning the future of Northeast
Corridor rail infrastructure and operations based on
achieving expanded and improved intercity, commuter, and
freight rail services operating with greater safety and
reliability, reduced travel times, increased frequencies, and
enhanced intermodal connections designed to address airport
and highway congestion, reduce transportation energy
consumption, improve air quality, and increase economic
development of the Northeast Corridor region.
``(2) Recommendations.--The Commission shall develop
recommendations based on the statement of goals developed
under this section addressing, as appropriate--
``(A) short-term and long-term capital investment needs
beyond those specified in the state-of-good-repair plan under
section 211 of the Passenger Rail Investment and Improvement
Act of 2008 (49 U.S.C. 24902 note);
``(B) future funding requirements for capital improvements
and maintenance;
``(C) operational improvements of intercity passenger rail,
commuter rail, and freight rail services;
``(D) opportunities for additional non-rail uses of the
Northeast Corridor;
``(E) scheduling and dispatching;
``(F) safety and security enhancements;
``(G) equipment design;
``(H) marketing of rail services;
``(I) future capacity requirements; and
``(J) potential funding and financing mechanisms for
projects of corridor-wide significance.
``(c) Northeast Corridor High Speed and Intercity Service
Development Plan.--
``(1) Long-range northeast corridor service development
plan.--The Federal Railroad Administration, in coordination
with the Commission, Amtrak, the States, and other corridor
users, shall complete a long-range Northeast Corridor Service
Development Plan not later than December 31, 2014.
``(2) Collaboration and cooperation.--The parties
comprising the Commission, acting separately and
collectively, shall collaborate and cooperate to the maximum
extent permitted by law in--
``(A) the preparation of the service development plan;
``(B) the programmatic environmental review process; and
``(C) the subsequent requirements required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
including the development of supporting documentation.
``(d) Comprehensive Long-Range Northeast Corridor
Strategy.--
``(1) In general.--Not later than 1 year after completion
of the service development plan under subsection (c), the
Commission shall develop a comprehensive long-range strategy
for the future high-speed, intercity, commuter, and freight
rail utilization of the Northeast Corridor that considers--
``(A) the statement of goals developed under subsection
(b)(1);
``(B) the recommendations developed under subsection
(b)(2);
``(C) the economic development report under subsection (h);
``(D) the service development plan and related alternatives
developed through the programmatic environmental review for
the Northeast Corridor;
``(E) the capital and operating plans of all entities
operating on the Northeast Corridor;
``(F) improvement programs and service initiatives planned
by corridor owners and users;
``(G) relevant local, State, and Federal transportation
plans; and
``(H) other plans, as appropriate.
``(2) Strategy components.--The comprehensive long-range
strategy shall include--
``(A) a comprehensive program containing a description and
the planned phasing of all Northeast Corridor improvement
programs, investments, and other anticipated changes;
``(B) the impacts of the comprehensive program on:
``(i) highway and aviation congestion;
``(ii) economic development;
``(iii) job creation; and
``(iv) the environment;
``(C) the potential financing sources for the comprehensive
program, including Federal, State, local, and private sector
sources;
``(D) new institutional or other structures necessary to
implement the comprehensive program;
``(E) the types of collaboration, participation,
arrangements, and support between Amtrak and the Federal
Government, the State and local governments in the Northeast
Corridor, the commuter rail authorities and freight railroads
that utilize the Northeast Corridor, the private sector, and
others, as appropriate, that are necessary to achieve the
comprehensive program; and
``(F) any regulatory or statutory changes necessary to
efficiently advance the comprehensive program.
``(e) Access Costs.--
``(1) Development of standardized formula.--Not later than
September 30, 2013, the Commission shall--
``(A) develop a standardized formula for determining and
allocating costs, revenues, and compensation for Northeast
Corridor commuter rail passenger transportation (as defined
in section 24102) on the Northeast

[[Page S1356]]

Corridor main line between Boston, Massachusetts, and
Washington, District of Columbia, and the Northeast Corridor
branch lines connecting to Harrisburg, Pennsylvania,
Springfield, Massachusetts, and Spuyten Duyvil, New York,
that use Amtrak facilities or services or that provide such
facilities or services to Amtrak that ensures that--
``(i) there is no cross-subsidization of commuter rail
passenger, intercity rail passenger, or freight rail
transportation;
``(ii) each service is assigned the costs incurred only for
the benefit of that service, and a proportionate share, based
upon factors that reasonably reflect relative use, of costs
incurred for the common benefit of more than 1 service; and
``(iii) all financial contributions made by an operator of
a service that benefit an infrastructure owner other than the
operator are considered, including any capital infrastructure
investments and in-kind services;
``(B) develop a proposed timetable for implementing the
formula not later than December 31, 2014;
``(C) transmit the proposed timetable to the Surface
Transportation Board; and
``(D) at the request of a Commission member, petition the
Surface Transportation Board to appoint a mediator to assist
the Commission members through non-binding mediation to reach
an agreement under this section.
``(2) Implementation.--Amtrak and public authorities
providing commuter rail passenger transportation on the
Northeast Corridor shall implement new agreements for usage
of facilities or services based on the standardized formula
under paragraph (1) in accordance with the timetable
established therein. If the entities fail to implement the
new agreements in accordance with the timetable, the
Commission shall petition the Surface Transportation Board to
determine the appropriate compensation amounts for such
services under section 24904(c). The Surface Transportation
Board shall enforce its determination on the party or parties
involved.
``(3) Revisions.--The Commission may make necessary
revisions to the standardized formula developed under
paragraph (1), including revisions based on Amtrak's
financial accounting system developed under section 203 of
the Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note).
``(f) Transmission of Statement of Goals, Recommendations,
and Plans.--The Commission shall transmit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives--
``(1) not later than 60 days after the date of enactment of
the , the statement of goals under subsection (b);
``(2) annually beginning on December 31, 2012, the
recommendations under subsection (b)(2) and the standardized
formula and timetable under subsection (e)(1); and
``(3) the comprehensive long-range strategy under this
section.''.; and
(4) by inserting after subsection (g), as redesignated, the
following
``(h) Report on Northeast Corridor Economic Development.--
Not later than September 30, 2013, the Commission shall
transmit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on the role of Amtrak's Northeast Corridor
service between Washington, District of Columbia, and Boston,
Massachusetts, in the economic development of the Northeast
Corridor region. The report shall examine how to enhance the
utilization of the Northeast Corridor for greater economic
development, including--
``(1) improving real estate utilization;
``(2) improved intercity, commuter, and freight services;
and
``(3) improving optimum utility utilization.
``(i) Northeast Corridor Safety Committee.--
``(1) In general.--The Secretary shall establish a
Northeast Corridor Safety Committee composed of members
appointed by the Secretary. The members shall be
representatives of--
``(A) the Department of Transportation, including the
Federal Railroad Administration;
``(B) Amtrak;
``(C) freight carriers operating more than 150,000 train
miles a year on the main line of the Northeast Corridor;
``(D) commuter rail agencies;
``(E) rail passengers;
``(F) rail labor; and
``(G) other individuals and organizations the Secretary
decides have a significant interest in rail safety or
security.
``(2) Function; meetings.--The Secretary shall consult with
the Committee about safety and security improvements on the
Northeast Corridor main line. The Committee shall meet not
less than 2 times per year to consider safety and security
matters on the main line.
``(3) Report.--At the beginning of the first session of
each Congress, the Secretary shall submit a report to the
Commission and to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on the status of efforts to improve safety
and security on the Northeast Corridor main line. The report
shall include the safety and security recommendations of the
Committee and the comments of the Secretary on those
recommendations.''.
(b) Conforming Amendment.--The table of contents for
chapter 249 is amended by striking the item relating to
section 24905 and inserting the following:

``24905. Northeast corridor infrastructure and operations advisory
commission improvements.''.

SEC. 36203. NORTHEAST CORRIDOR HIGH-SPEED RAIL IMPROVEMENT
PLAN.

(a) Plans.--Not later than 180 days after the date of
enactment of this Act, Amtrak shall--
(1) complete a refined vision for an integrated program of
improvements on the Northeast Corridor that will result in,
by 2040--
(A) the development and operation of a new high-speed rail
system capable of high capacity, 200 mile-per-hour or greater
operation between Washington, District of Columbia and
Boston, Massachusetts;
(B) the completion of the improvements identified in the
Northeast Corridor Infrastructure Master Plan published by
Amtrak on May 19, 2010; and
(C) the continued operation of existing and currently
planned intercity, commuter, and freight services utilizing
the Northeast Corridor during the implementation of the
program; and
(2) complete a business and financing plan to achieve the
program under paragraph (1) that identifies the estimated--
(A) benefits and costs of the program, including ridership,
revenues, capital and operating costs, and cash flow
projections;
(B) implementation schedule, including the phasing of the
program into achievable segments that maximize the benefits
and support the ultimate completion of the program;
(C) potential financing sources for the program, including
Federal, State, local, and private sector sources; and
(D) organization changes, new institutional or corporate
arrangements, partnerships, procurement techniques, and other
structures necessary to implement the program.
(b) Support.--The Secretary of Transportation shall provide
appropriate support, assistance, oversight, and guidance to
Amtrak during the preparation of the plans under subsection
(a).
(c) Submission.--Amtrak shall submit the refined vision and
an appropriate elements of the business and financing plan to
the Federal Railroad Administration and the Northeast
Corridor Infrastructure and Operations Advisory Commission
for use in the development of the Northeast Corridor High
Speed and Intercity Service Development Plan and the
Comprehensive Long-Range Northeast Corridor Strategy.
(d) High-speed Rail Equipment.--The Secretary of
Transportation shall not preclude the use of Federal funds
made available to purchase rolling stock to purchase any
equipment used for ``high-speed rail'' (as defined in section
26106(b)(4) of title 49, United States Code) that otherwise
complies with all applicable Federal standards.

SEC. 36204. NORTHEAST CORRIDOR ENVIRONMENTAL REVIEW PROCESS.

(a) Northeast Corridor.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall complete a
plan and a schedule for the completion of the programmatic
environmental review for the Northeast Corridor. The schedule
shall require the completion of the programmatic
environmental review for the Northeast Corridor not later
than 3 years after the date of enactment of this Act.
(b) Coordination With the Northeast Corridor Infrastructure
and Operations Advisory Commission.--The Federal Railroad
Administration shall closely coordinate the programmatic
environmental review process with the Northeast Corridor
Infrastructure and Operations Advisory Commission.

SEC. 36205. DELEGATION AUTHORITY.

(a) Delegation of Authority.--In carrying out programmatic
or project level environmental reviews for high speed and
intercity passenger rail programs, projects, or services, the
Secretary may delegate to Amtrak any or all of the
Secretary's authority and responsibility under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
section 106 of the National Historic Preservation Act of 1966
(16 U.S.C. 470f), section 4(f) of the Department of
Transportation Act (80 Stat. 934), section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344), and section 7
of the Endangered Species Act of 1973 (16 U.S.C. 1536), and
may provide to Amtrak any related funding provided to the
Secretary for such purposes as the Secretary deems necessary
if--
(1) Amtrak agrees in writing to assume the delegated
authority and responsibility;
(2) Amtrak has or can obtain sufficient resources or the
Secretary provides such resources to Amtrak to appropriately
carry out such authority or responsibility; and
(3) delegating the authority and responsibility will
improve the quality or timeliness of the environmental
review.

SEC. 36206. AMTRAK INSPECTOR GENERAL.

(a) In General.--Chapter 243 is amended by adding after
section 24316 the following:

``Sec.  24317. Inspector general

``(a) Authorization of Appropriations.--There are
authorized to be appropriated to the Office of the Inspector
General of Amtrak the following amounts:

[[Page S1357]]

``(1) For fiscal year 2009, $20,000,000.
``(2) For fiscal year 2010, $21,000,000.
``(3) For fiscal year 2011, $22,000,000.
``(4) For fiscal year 2012, $22,000,000.
``(5) For fiscal year 2013, $23,000,000.
``(b) Authority.--The Inspector General of Amtrak shall
have all necessary authority, in carrying out the duties
specified in the Inspector General Act of 1978 (5 U.S.C.
App.), to investigate allegations of fraud, including false
statements to the Government under section 1001 of title 18,
by any person or entity that is an employee or contractor of
Amtrak.
``(c) Services.--The Inspector General of Amtrak may obtain
services under sections 502(a) and 602 of title 40, from the
Administrator of General Services. The Administrator of
General Services may provide services under sections 502(a)
and 602 of title 40, to the Inspector General.''.
(b) Management Assessment.--Section 24310 is amended to
read as follows:
``(a) In General.--Not later than 3 years after the date of
enactment of the Passenger Rail Investment and Improvement
Act of 2008 (122 Stat. 4907) and 2 years thereafter--
``(1) the Inspector General of the Department of
Transportation shall complete an overall assessment of the
progress made by the Department of Transportation in
implementing the provisions of that Act; and
``(2) the Inspector General of Amtrak shall complete an
overall assessment of the progress made by Amtrak management
in implementing the provisions of the Passenger Rail
Investment and Improvement Act of 2008 (122 Stat. 4907).
``(b) Assessment.--The management assessment by the Amtrak
Inspector General may include a review of--
``(1) the effectiveness in improving annual financial
planning;
``(2) the effectiveness in improving financial accounting;
``(3) Amtrak management's efforts to implement minimum
train performance standards;
``(4) Amtrak management's progress toward maximizing
revenues, minimizing Federal subsidies, and improving
financial results; and
``(5) any other aspect of Amtrak operations that the Amtrak
Inspector General finds appropriate.''.
(c) Inspector General Policies and Procedures.--The Amtrak
Inspector General and Amtrak shall--
(1) continue to follow the policies and procedures for
interacting with one another in a manner that is consistent
with the Inspector General Act of 1978 (5 U.S.C. App.), as
approved by the Council of the Inspectors General on
Integrity and Efficiency; and
(2) work toward establishing proper protocols and firewalls
to maintain the Amtrak Inspector General's independence, as
appropriate.
(d) Improvements.--The Amtrak Inspector General and Amtrak
shall identify any funding needs and authority improvements
necessary to effectuate the policies, procedures, protocols,
and firewalls under subsection (c) and submit a report of the
necessary funding and authority improvements as part of their
annual budget requests.
(e) Technical Amendment.--Section 101 of the Passenger Rail
Investment and Improvement Act of 2008 (122 Stat. 4907), is
amended by striking subsection (b) and inserting the
following:
``(b) [Reserved].''.
(f) Clerical Amendment.--The table of contents for chapter
243 is amended by adding at the end the following:

``24317. Inspector General.''.

SEC. 36207. COMPENSATION FOR PRIVATE-SECTOR USE OF FEDERALLY-
FUNDED ASSETS.

If capital assets that are owned by a public entity or
Amtrak built or improved with Federal funds authorized under
subtitle V of title 49, United States Code, are made
available for exclusive use by a for-profit entity, except
for an entity owned or controlled by the Department of
Transportation, for the purpose of providing intercity
passenger rail service, the Secretary may require, as
appropriate, that the for-profit entity provide adequate
compensation, as determined by the Secretary, to the United
States for the use of the capital assets in an amount that
reflects the benefit of the Federal funding to the for-profit
entity.

SEC. 36208. ON-TIME PERFORMANCE.

Where the on time performance of any intercity passenger
train averages less than 80 percent for any 2 consecutive
calendar quarters and the failure to meet such performance
levels is solely the responsibility of the host railroad,
Amtrak shall not pay the host railroad any incentive payments
for on time performance of the subject intercity passenger
train during such calendar quarters.

SEC. 36209. BOARD OF DIRECTORS.

Section 24302(a)(3) is amended by striking ``5'' the second
place it appears and inserting ``4''.

Subtitle C--Rail Safety Improvements

SEC. 36301. POSITIVE TRAIN CONTROL.

(a) Review and Approval.--Section 20157(c) is amended to
read as follows:
``(c) Review and Approval.--
``(1) Review.--Not later than 90 days after the Secretary
receives a proposed plan, the Secretary shall review and
approve or disapprove it. If a proposed plan is not approved,
the Secretary shall notify the affected railroad carrier or
other entity as to the specific deficiencies in the proposed
plan. The railroad carrier or other entity shall correct the
deficiencies not later than 30 days after receipt of the
written notice.
``(2) Amendments.--The Secretary shall review any
amendments to a plan in the time frame required by section
(1).
``(3) Annual review.--The Secretary shall conduct an annual
review to ensure that each railroad carrier and entity is
complying with its plan, including a railroad carrier or
entity that elects to fully implement a positive train
control system prior to the required deadline.''.
(b) Report Criteria.--Section 20157(d) is amended to read
as follows:
``(d) Report.--Not later than June 30, 2012, the Secretary
shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on the progress of the railroad carriers in
implementing the positive train control systems, including--
``(1) the likelihood that each railroad will meet the
December 31, 2015 deadline;
``(2) the obstacles to each railroad's successful
implementation, including the obstacles identified in the
General Accountability Office's report issued on December 15,
2010, and titled `Rail Safety: Federal Railroad
Administration Should Report on Risks to Successful
Implementation of Mandated Safety Technology' (GAO-11-133);
and
``(3) the actions that Congress, railroads, relevant
Federal entities, and other stakeholders can take to mitigate
obstacles to successful implementation.''.
(c) Extension Authority.--Section 20157 is amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g), the following:
``(h) Extension.--
``(1) In general.--After completing the report under
subsection (d), the Secretary may extend in 1 year
increments, upon application, the implementation deadline for
an entity providing rail freight transportation or regularly
scheduled intercity or commuter rail passenger
transportation, if the Secretary determines that full
implementation will likely be infeasible due to circumstances
beyond the control of the entity, including funding
availability, spectrum acquisition, and interoperability
standards. The Secretary may not extend the deadline for
implementation beyond December 31, 2018.
``(2) Application review.--The Secretary shall review an
application submitted pursuant to paragraph (1) and approve
or disapprove the application not later than 10 days after
the application is received.''
(d) Applicability.--Section 20157 is amended by striking
``transported;'' in subsection (a)(1)(B) and inserting
``transported on or after December 31, 2015;''.

SEC. 36302. ADDITIONAL ELIGIBILITY FOR RAILROAD
REHABILITATION AND IMPROVEMENT FINANCING.

(a) Positive Train Control Systems.--Section 502(b)(1) of
the Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 822(b)(1)), is amended--
(1) in subparagraph (B) by striking ``or'';
(2) in subparagraph (C) by striking ``facilities.'' and
inserting ``facilities; or''; and
(3) by adding at the end the following:
``(D) implement a positive train control system, as
required by section 20157 of title 49, United States Code.''.
(b) Positive Train Control Collateral.--Section 502(h)(2)
of the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 822(h)(2)), is amended by adding at the end
the following:
``For purposes of making a finding under subsection (g)(4)
for a loan for positive train control, the total cost of the
labor and materials associated with installing positive train
control shall be deemed to be equal to the collateral value
of that asset.''.

SEC. 36303. FCC STUDY OF SPECTRUM AVAILABILITY.

(a) Spectrum Needs Assessment.--Not later than 120 days
after the date of enactment of this Act, the Secretary of
Transportation and the Chairman of the Federal Communications
Commission shall coordinate to assess spectrum needs and
availability for implementing positive train control systems,
as defined in section 20157 of title 49, United States Code.
In conducting the spectrum needs assessment, the Secretary
and the Chairman shall--
(1) evaluate the information provided in the Federal
Communications Commission WT-11-79 proceeding;
(2) evaluate the positive train control implementations
plans and any subsequent amendments or waivers to those plans
provided to the Federal Railroad Administration; and
(3) evaluate individual railroad spectrum demand studies.
(b) Recommendations.--Not later than 90 days after the
completion of the spectrum needs assessment under subsection
(a), the Secretary and the Chairman shall submit a plan to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives, for approximate resolution
to any issues that may prevent railroad carriers or entities
from complying with the December 31, 2015, positive train
control implementation deadline.

[[Page S1358]]

Subtitle D--Freight Rail

SEC. 36401. RAIL LINE RELOCATION.

Section 20154 is amended--
(1) in subsection (b)--
(A) by striking ``either'';
(B) by striking ``or'' at the end of paragraph (1);
(C) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(D) by adding at the end the following:
``(3) involves a lateral or vertical relocation of any
portion of a road.'';
(2) in subsection (e)(1), by striking ``10'' and inserting
``20''; and
(3) in subsection (h)(3), by inserting ``a public agency,''
after ``of a State,''.

SEC. 36402. COMPILATION OF COMPLAINTS.

(a) In General.--Section 704 is amended--
(1) by striking the section heading and inserting the
following:

``Sec.  704. Reports'';

(2) by inserting ``(a) Annual Report.--'' before ``The
Board''; and
(3) by adding at the end the following:
``(b) Complaints.--
``(1) In general.--The Board shall establish and maintain a
database of complaints received by the Board.
``(2) Quarterly report.--The Board shall post a quarterly
report of formal and informal service complaints received by
the Board during the previous quarter that includes--
``(A) a list of the type of each complaint;
``(B) the geographic region of the complaint; and
``(C) the resolution of the complaint, if appropriate.
``(3) Written consent.--The quarterly report may identify a
complainant that submitted an informal complaint only upon
the written consent of the complainant.
``(4) Website posting.--The report shall be posted on the
Board's public website.''.
(b) Conforming Amendment.--The table of contents for
chapter 7 is amended by striking the item relating to section
704 and inserting the following:

``704. Reports.''.

SEC. 36403. MAXIMUM RELIEF IN CERTAIN RATE CASES.

(a) In General.--The Surface Transportation Board shall
revise the maximum amount of rate relief available to
railroad shippers in cases brought pursuant to the method
developed under section 10701(d)(3) of title 49, United
States Code, as that section existed as of the date of
enactment of this Act, to be as follows:
(1) $1,500,000 in a rate case brought using the Surface
Transportation Board's ``three-benchmark'' procedure.
(2) $10,000,000 in a rate case brought using the Surface
Transportation Board's ``simplified stand-alone cost''
procedure.
(b) Periodic Review.--The Board shall periodically review
the amounts established by subsection (a) and revise the
amounts, as appropriate.

SEC. 36404. RATE REVIEW TIMELINES.

In stand-alone cost rate challenges, the Surface
Transportation Board shall comply with the following
timelines unless it extends them, after a request from any
party or in the interest of due process:
(1) For discovery, 150 days after the date on which the
challenge is initiated.
(2) For development of the evidentiary record, 155 days
after that date.
(3) For submission of parties' closing briefs, 60 days
after that date.
(4) For a final Board decision, 180 days after the date on
which the parties submit closing briefs.

SEC. 36405. REVENUE ADEQUACY STUDY.

(a) Revenue Adequacy Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Surface Transportation Board shall
initiate a study to provide further guidance on how it will
apply its revenue adequacy constraint.
(2) Considerations.--In conducting the study, the Surface
Transportation Board shall consider whether to apply the
revenue adequacy constrain using replacement costs to value
the assets of rail facilities and equipment.
(b) Public Notice.--In conducting the study under
subsection (a), the Surface Transportation Board shall--
(1) provide public notice;
(2) an opportunity for comment; and
(3) conduct 1 or more public hearings.
(c) Report.--Not later than 60 days after the study under
subsection (a) is complete, the Surface Transportation Board
shall submit the findings of the study to the Commerce,
Science, and Transportation Committee of the Senate and the
Transportation and Infrastructure Committee of the House of
Representatives.

SEC. 36406. QUARTERLY REPORTS.

Not later than 60 days after the date of enactment of this
Act, the Surface Transportation Board shall provide quarterly
reports to the Commerce, Science, and Transportation
Committee of the Senate and the Transportation and
Infrastructure Committee of the House of Representatives on
the Surface Transportation Board's progress toward addressing
issues raised in unfinished regulatory proceedings,
regardless of whether a proceeding is subject to a statutory
or regulatory deadline.

SEC. 36407. WORKFORCE REVIEW.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Chairman of the Surface
Transportation Board, in consultation with the Director of
the Office of Personnel Management, shall conduct a review of
the Surface Transportation Board workforce to assist in the
development of a comprehensive, long-term human capital
improvement plan.
(b) Plan.--Not later than 180 days after the review under
subsection (a) is complete, the Chairman shall develop a
comprehensive, long-term human capital improvement plan for
Surface Transportation Board personnel to identify--
(1) the optimal workforce size of the Surface
Transportation Board to address its current and future
program needs;
(2) the hiring, training, managing, and compensation needs
to recruit and retain qualified personnel, including experts
to assess long-standing and emerging railroad industry
trends;
(3) the means for improving the current organizational
structure and workforce to most efficiently execute the
Surface Transportation Board's mission; and
(4) any recommendations for potential coordination with
colleges, universities, or other non-profit organizations for
training programs to support workforce development.
(c) Report.--The Chairman shall submit the plan to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.

SEC. 36408. RAILROAD REHABILITATION AND IMPROVEMENT
FINANCING.

(a) Conditions of Assistance.--Section 502(h)(2) of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 822(h)(2)), as amended by section 36302 of this Act,
is amended by adding at the end the following:
``The Secretary shall accept, for the purpose of making a
finding with regard to adequate collateral for a public
entity, the net present value on a future stream of State or
local subsidy income or a dedicated revenue as collateral
offered to secure a loan.''.
(b) Eligible Purposes.--Section 502(b)(1) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
822(b)(1)), as amended by section 36302 of this Act, is
further amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; or''; and
(3) by adding at the end the following:
``(E) conduct preliminary engineering, environmental
review, permitting, or other pre-construction activities.''.
(c) Study.--The Secretary shall submit a report to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives detailing recommendations for
improving the Railroad Rehabilitation and Improvement
Financing program administration, including timely processing
of applications, expansion of eligibilities, and other issues
that impede passenger and rail carriers from utilizing the
program.

Subtitle E--Technical Corrections

SEC. 36501. TECHNICAL CORRECTIONS.

(a) Rail Safety Improvement Act of 2008.--
(1) The table of contents in section 1(b) of the Rail
Safety Improvement Act of 2008 (122 Stat. 4848) is amended--
(A) by striking the item relating to section 201 and
inserting the following:

``Sec. 201. Pedestrian safety at or near railroad passenger
stations.''; and
(B) by striking the item relating to section 403 and
inserting the following:

``Sec. 403. Study and rulemaking on track inspection time; rulemaking
on concrete crossties.''.
(2) Section 2(a)(1) of the Rail Safety Improvement Act of
2008 (49 U.S.C. 20102 note), is amended by inserting a comma
after ``railroad tracks at grade''.
(3) Section 102(a) of the Rail Safety Improvement Act of
2008 (49 U.S.C. 20101 note), is amended--
(A) by striking ``, at a minimum,'';
(B) in paragraph (1), by inserting a comma after
``railroads''; and
(C) by amending paragraph (6) to read as follows:
``(6) Improving the safety of railroad bridges, tunnels,
and related infrastructure to prevent accidents, incidents,
injuries, and fatalities caused by catastrophic and other
failures of such infrastructure.''.
(4) Section 108(f)(1) of the Rail Safety Improvement Act of
2008 (49 U.S.C. 21101 note), is amended by striking
``requirements for recordkeeping and reporting for Hours of
Service of Railroad Employees'' and inserting ``requirements
for record keeping and reporting for hours of service of
railroad employees''.
(5) Section 201 of the Rail Safety Improvement Act of 2008
(49 U.S.C. 20134 note), is amended--
(A) in the section heading, by striking ``pedestrian
crossing safety.'' and inserting ``pedestrian safety at or
near railroad passenger stations.'';
(B) by striking ``strategies and methods to prevent
pedestrian accidents, incidents, injuries, and fatalities at
or near passenger stations, including'' and inserting
``strategies and methods to prevent train-related accidents,
incidents, injuries, and fatalities that involve a pedestrian
at or near a railroad passenger station, including''; and
(C) in paragraph (1) by striking ``at railroad passenger
stations''.
(6) Section 206(a) of the Rail Safety Improvement Act of
2008 (49 U.S.C. 22501 note),

[[Page S1359]]

is amended by striking ``Public Service Announcements'' and
inserting ``public service announcements''.
(7) Section 403 of the Rail Safety Improvement Act of 2008
(49 U.S.C. 20142 note), is amended--
(A) in the section heading, by striking ``track inspection
time study.'' and inserting ``study and rulemaking on track
inspection time; rulemaking on concrete crossties.''; and
(B) in subsection (d)--
(i) by striking ``Cross Ties'' in the subsection heading
and inserting ``Crossties'';
(ii) by striking ``cross ties'' and inserting
``crossties''; and
(iii) in paragraph (2), by striking ``cross tie'' and
inserting ``crosstie''.
(8) Section 405 of the Rail Safety Improvement Act of 2008
(49 U.S.C. 20103 note), is amended--
(A) in subsection (a), by striking ``cell phones'' and
inserting ``cellular telephones''; and
(B) in subsection (d)--
(i) by striking ``of Transportation''; and
(ii) by striking ``cell phones'' and inserting ``cellular
telephones''.
(9) Section 411(a) of the Rail Safety Improvement Act of
2008 (49 U.S.C. 5103 note), is amended--
(A) by striking ``5101(a)'' and inserting ``5105(a)''; and
(B) by striking ``5101(b)'' and inserting ``5105(b)''.
(10) Section 412 of the Rail Safety Improvement Act of 2008
(49 U.S.C. 20140 note), is amended by striking ``of
Transportation''.
(11) Section 414(2) of the Rail Safety Improvement Act of
2008 (49 U.S.C. 20103 note), is amended--
(A) by striking ``parts'' and inserting ``sections''; and
(B) by striking ``part'' and inserting ``section''.
(12) Section 416 of the Rail Safety Improvement Act of 2008
(49 U.S.C. 20107 note), is amended--
(A) by striking ``of Transportation'';
(B) in paragraphs (3) and (4), by striking ``Federal
Railroad Administration'' and inserting ``Secretary''; and
(C) in paragraph (4), by striking ``subsection'' and
inserting ``section''.
(13) Section 417(c) of the Rail Safety Improvement Act of
2008 (49 U.S.C. 20103 note), is amended by striking ``each
railroad'' and inserting ``each railroad carrier''.
(14) Section 503 of the Rail Safety Improvement Act of 2008
(49 U.S.C. 1139 note), is amended--
(A) in subsection (a), by striking ``rail accidents'' and
inserting ``rail passenger accidents'';
(B) in subsection (b)--
(i) by striking ``passenger rail accidents'' and inserting
``rail passenger accidents''; and
(ii) by striking ``passenger rail accident'' each place it
appears and inserting ``rail passenger accidents''; and
(C) by adding at the end the following:
``(d) Definitions.--In this section, the terms `passenger',
`rail passenger accident', and `rail passenger carrier' have
the meanings given the terms in section 1139 of title 49,
United States Code.''
``(e) Funding.--Out of the funds appropriated pursuant to
section 20117(a)(1)(A) of title 49, United States Code, there
shall be made available to the Secretary of Transportation
$500,000 for fiscal year 2009 to carry out this section.
Amounts made available pursuant to this subsection shall
remain available until expended.''.
(b) Passenger Rail Investment and Improvement Act of
2008.--
(1) Section 206(a) of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24101 note), is amended by
inserting ``of this division'' after ``302''.
(2) Section 211 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24902 note), is amended--
(A) in subsection (d), by inserting ``of this division''
after ``101(c)''; and
(B) in subsection (e), by inserting ``of this division''
after ``101(d)''.
(c) Title 49 of the United State Code.--
(1) Section 1139 is amended--
(A) in subsection (a)(1), by striking ``phone number'' and
inserting ``telephone number'';
(B) in subsection (a)(2), by striking ``post trauma'' and
inserting ``post-trauma'';
(C) in subsections (h)(1)(A) and (h)(2)(A)--
(i) by striking ``interstate''; and
(ii) by striking ``such term is'';
(D) in subsection (g)(1), by striking ``board'' in the
heading and inserting ``Board'';
(E) in subsections (h)(1)(B) and (h)(2)(B)--
(i) by striking ``interstate or intrastate''; and
(ii) by striking ``such term is'';
(F) in subsection (j)(1)--
(i) by striking ``(other than subsection (g))'' and
inserting ``(except for subsections (g) and (k))''; and
(ii) by striking ``railroad passenger accident'' and
inserting ``rail passenger accident''; and
(G) in subsection (j)(2), by striking ``railroad passenger
accident'' and inserting ``rail passenger accident''.
(2) Section 10909(b) is amended--
(A) by striking ``Railroad'' and inserting ``Railroads'';
and
(B) in paragraph (2), by inserting a comma after
``comment''.
(3) Section 20109 is amended--
(A) in subsection (c)(1), by striking ``the railroad shall
promptly arrange'' and inserting ``the railroad carrier shall
promptly arrange'';
(B) in subsection (d)(2)(A)(i), by striking ``(d)'' and
inserting ``paragraph'' after ``under'';
(C) in subsection (d)(2)(A)(iii), by inserting ``section''
after ``set forth in''; and
(D) in subsection (d)(4)(i), by striking ``must'' and
inserting ``shall''.
(4) Section 20120(a) is amended--
(A) by striking ``(a) In General'' and inserting ``Not'';
(B) in paragraph (2)(G), by inserting ``and'' after the
semicolon;
(C) in paragraph (4), by striking ``provide'' and inserting
``provides'';
(D) in paragraph (5)(B), by striking ``Administrative
Hearing Officer or Administrative Law Judge'' and inserting
``administrative hearing officer or administrative law
judge''; and
(E) in paragraph (7), by striking ``its'' and inserting
``the Secretary's or the Federal Railroad Administrator's''.
(5) Section 20151(d)(1) is amended by striking ``to drive
around a grade crossing gate'' and inserting ``to drive
through, around, or under a grade crossing gate''.
(6) Section 20152(b) is amended by striking ``rail
carriers'' and inserting ``railroad carriers''.
(7) Section 20156 is amended--
(A) in subsection (c), by inserting a comma after ``In
developing its railroad safety risk reduction program''; and
(B) in subsection (g)(1), by striking ``non-profit'' and
inserting ``nonprofit''.
(8) Section 20157(a)(1) is amended--
(A) by striking ``Class I railroad carrier'' and inserting
``Class I railroad''; and
(B) by striking ``parts'' and inserting ``sections''.
(9) Section 20158(b)(3) is amended by striking
``20156(e)(2)'' and inserting ``20156(e)''.
(10) Section 20159 is amended by inserting ``of
Transportation'' after ``the Secretary''.
(11) Section 20160 is amended--
(A) in subsection (a)(1), by striking ``or with respect
to'' and inserting ``with respect to'';
(B) in subsection (b)(1), by striking ``On a periodic basis
beginning not'' and inserting ``Not''; and
(C) in subsection (b)(1)(A), by striking ``or with respect
to'' and inserting ``with respect to''.
(12) Section 20162(a)(3) is amended by striking ``railroad
compliance with Federal standards'' and inserting ``railroad
carrier compliance with Federal standards''.
(13) Section 20164(a) is amended by striking ``Railroad
Safety Enhancement Act of 2008'' and inserting ``Rail Safety
Improvement Act of 2008''.
(14) Section 21102(c)(4) is amended by redesignating
subparagraphs (C) and (D) as subparagraphs (B) and (C),
respectively.
(15) Section 22106(b) is amended by striking ``interest
thereof'' and inserting ``interest thereon''.
(16) Section 24101(b) is amended by striking ``subsection
(d)'' and inserting ``subsection (c)''.
(17) Section 24316 is amended by striking subsection (g).
(18) The item relating to section 24316 in the table of
contents for chapter 243 is amended by striking ``assist''
and inserting ``address needs of''.
(19) Section 24702(a) is amended by striking ``not included
in the national rail passenger transportation system''.
(20) Section 24706 is amended--
(A) in subsection (a)(1), by striking ``a discontinuance
under section 24704 or or'';
(B) in subsection (a)(2), by striking ``section 24704 or'';
and
(C) in subsection (b), by striking ``section 24704 or''.
(21) Section 24709 is amended by striking ``The Secretary
of the Treasury and the Attorney General,'' and inserting
``The Secretary of Homeland Security,''.

SEC. 36502. CONDEMNATION AUTHORITY.

Section 24311(c) is amended--
(1) in paragraph (1), by striking ``Interstate Commerce
Commission'' and inserting ``Surface Transportation Board'';
(2) in paragraph (2), by striking ``Commission's'' and
inserting ``Board's''; and
(3) by striking ``Commission'' each place it appears and
inserting ``Board''.

Subtitle F--Licensing and Insurance Requirements for Passenger Rail
Carriers

SEC. 36601. CERTIFICATION OF PASSENGER RAIL CARRIERS.

(a) Section 10901 is amended by adding at the end the
following:
``(e) Not later than 2 years after the date of enactment of
the National Rail System Preservation, Expansion, and
Development Act of 2012, the Board shall establish a
certification process to authorize a person to provide
passenger rail transportation over a railroad line that is
subject to the jurisdiction of the Board, except that such
certification shall not be required for or apply to a freight
railroad providing or hosting passenger rail transportation
over its own railroad line.
``(f) After the certification process is established under
subsection (e), no person may provide passenger rail
transportation over a railroad line subject to the
jurisdiction of the Board unless the person is granted a
certificate under subsection (e).
``(g) The certification process under subsection (e)
shall--
``(1) permit a person to initiate a proceeding for a
certificate by filing an application with the Board; and

[[Page S1360]]

``(2) require the Board to provide reasonable public notice
that a proceeding was initiated, including notice to the
Governor of any affected State, not later than 30 days after
receipt of the application under paragraph (1).
``(h) The Board may grant a certificate under subsection
(e) if the Board determines after consultation with the
Secretary of Transportation or the Secretary of Homeland
Security, as appropriate, that the applicant--
``(1) has or will have in effect a voluntary agreement with
the infrastructure owner over which the passenger rail
transportation will be provided or contractual or statutory
authority that provides for access to such infrastructure;
``(2) demonstrates sufficient financial capacity and
operating experience to provide passenger rail
transportation;
``(3) meets all applicable safety and security requirements
under the law;
``(4) maintains a total minimum liability coverage for
claims through insurance and self-insurance of not less than
the amount required by section 28103(a)(2) per accident or
incident; and
``(5) complies with any additional requirements the Board
determines are appropriate, including reporting requirements
to ensure continued compliance with this section.
``(i) A certificate granted under subsection (e) shall
specify the person to provide or authorized to provide
passenger rail transportation, if different from the
applicant.
``(j) The Board may promulgate regulations--
``(1) for determining the adequacy of liability insurance
coverage, including self-insurance; and
``(2) for suspending or canceling a certificate if the
person to provide or authorized to provide passenger rail
transportation fails to comply with subsection (h).
``(k) This section shall not apply to tourist, historical,
or excursion passenger rail transportation or other rail
carrier that has already obtained construction or operating
authority from the Board.''.
(b) Section 24301(c) is amended by adding ``10901(e),''
after ``sections'' in the first sentence.
(c) Section 10501(c)(3)(A) is amended--
(1) in clause (ii), by striking ``and'';
(2) in clause (iii), by striking the period at the end and
inserting `` ; and''; and
(3) by adding at the end the following:
``(iv) section 10901(e).''.
(d) Section 14901 is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(2) by inserting after subsection (e) the following:
``(f) Certification Required.--A person shall be subject to
a penalty of $300 for each passenger transported if the
person--
``(1) provides passenger rail transportation subject to
jurisdiction under section 10501(a); and
``(2) does not hold a certificate required under section
10901(e).''; and
(3) in subsection (g), as redesignated, by striking
``through (e)'' and inserting ``through (f)''.
(e) Section 10502(g) is amended to read as follows:
``(g) The Board may not exercise its authority under this
section to relieve a rail carrier of its obligation to
protect the interests of employees as required by this part,
or of the requirements of section 10901(g).''.

TITLE VII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY ACT
OF 2012

SEC. 37001. SHORT TITLE.

This title may be cited as the ``Sport Fish Restoration and
Recreational Boating Safety Act of 2012''.

SEC. 37002. AMENDMENT OF FEDERAL AID IN SPORT FISH
RESTORATION ACT.

Section 4 of the Federal Aid in Fish Restoration Act (16
U.S.C. 777c) is amended--
(1) in subsection (a), by striking ``of fiscal years 2006
through 2011 and for the period beginning on October 1, 2011,
and ending on March 31, 2012,'' and inserting ``fiscal year
through 2013,''; and
(2) in subsection (b)(1)(A), by striking ``of fiscal years
2006 through 2011 and for the period beginning on October 1,
2011, and ending on March 31, 2012,'' and inserting ``fiscal
year through 2013,''.

DIVISION D--FINANCE

SEC. 40001. SHORT TITLE.

This division may be cited as the ``Highway Investment, Job
Creation, and Economic Growth Act of 2012''.

TITLE I--EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY AND
RELATED TAXES

SEC. 40101. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY.

(a) Highway Trust Fund.--Section 9503 of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``April 1, 2012'' in subsections (b)(6)(B),
(c)(1), and (e)(3) and inserting ``October 1, 2013''; and
(2) by striking ``Surface Transportation Extension Act of
2011, Part II'' in subsections (c)(1) and (e)(3) and
inserting ``Moving Ahead for Progress in the 21st Century
Act''.
(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
2011, Part II'' each place it appears in subsection (b)(2)
and inserting ``Moving Ahead for Progress in the 21st Century
Act''; and
(2) by striking ``April 1, 2012'' in subsection (d)(2) and
inserting ``October 1, 2013''.
(c) Leaking Underground Storage Tank Trust Fund.--Paragraph
(2) of section 9508(e) of the Internal Revenue Code of 1986
is amended by striking ``April 1, 2012'' and inserting
``October 1, 2013''.
(d) Establishment of Solvency Account.--Section 9503 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subsection:
``(g) Establishment of Solvency Account.--
``(1) Creation of account.--There is established in the
Highway Trust Fund a separate account to be known as the
`Solvency Account' consisting of such amounts as may be
transferred or credited to the Solvency Account as provided
in this section or section 9602(b).
``(2) Transfers to solvency account.--The Secretary of the
Treasury shall transfer to the Solvency Account the excess
of--
``(A) any amount appropriated to the Highway Trust Fund
before October 1, 2013, by reason of the provisions of, and
amendments made by, the Highway Investment, Job Creation, and
Economic Growth Act of 2012, over
``(B) the amount necessary to meet the required
expenditures from the Highway Trust Fund under subsection (c)
for the period ending before October 1, 2013.
``(3) Expenditures from account.--Amounts in the Solvency
Account shall be available for transfers to the Highway
Account (as defined in subsection (e)(5)(B)) and the Mass
Transit Account in such amounts as determined necessary by
the Secretary to ensure that each account has a surplus
balance of $2,800,000,000 on September 30, 2013.
``(4) Termination of account.--The Solvency Account shall
terminate on September 30, 2013, and the Secretary shall
transfer any remaining balance in the Account on such date to
the Highway Trust Fund.''.
(e) Effective Date.--The amendments made by this section
shall take effect on April 1, 2012.

SEC. 40102. EXTENSION OF HIGHWAY-RELATED TAXES.

(a) In General.--
(1) Each of the following provisions of the Internal
Revenue Code of 1986 is amended by striking ``March 31,
2012'' and inserting ``September 30, 2015'':
(A) Section 4041(a)(1)(C)(iii)(I).
(B) Section 4041(m)(1)(B).
(C) Section 4081(d)(1).
(2) Each of the following provisions of such Code is
amended by striking ``April 1, 2012'' and inserting ``October
1, 2015'':
(A) Section 4041(m)(1)(A).
(B) Section 4051(c).
(C) Section 4071(d).
(D) Section 4081(d)(3).
(b) Extension of Tax, etc., on Use of Certain Heavy
Vehicles.--Each of the following provisions of the Internal
Revenue Code of 1986 is amended by striking ``2012'' and
inserting ``2015'':
(1) Section 4481(f).
(2) Subsections (c)(4) and (d) of section 4482.
(c) Floor Stocks Refunds.--Section 6412(a)(1) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``April 1, 2012'' each place it appears and
inserting ``October 1, 2015'';
(2) by striking ``September 30, 2012'' each place it
appears and inserting ``March 31, 2016''; and
(3) by striking ``July 1, 2012'' and inserting ``January 1,
2016''.
(d) Extension of Certain Exemptions.--Sections 4221(a) and
4483(i) of the Internal Revenue Code of 1986 are each amended
by striking ``April 1, 2012'' and inserting ``October 1,
2015''.
(e) Extension of Transfers of Certain Taxes.--
(1) In general.--Section 9503 of the Internal Revenue Code
of 1986 is amended--
(A) in subsection (b)--
(i) by striking ``April 1, 2012'' each place it appears in
paragraphs (1) and (2) and inserting ``October 1, 2015'';
(ii) by striking ``April 1, 2012'' in the heading of
paragraph (2) and inserting ``October 1, 2015'';
(iii) by striking ``March 31, 2012'' in paragraph (2) and
inserting ``September 30, 2015''; and
(iv) by striking ``January 1, 2013'' in paragraph (2) and
inserting ``July 1, 2016''; and
(B) in subsection (c)(2), by striking ``January 1, 2013''
and inserting ``July 1, 2016''.
(2) Motorboat and small-engine fuel tax transfers.--
(A) In general.--Paragraphs (3)(A)(i) and (4)(A) of section
9503(c) of such Code are each amended by striking ``April 1,
2012'' and inserting ``October 1, 2015''.
(B) Conforming amendments to land and water conservation
fund.--Section 201(b) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l 11(b)) is amended--
(i) by striking ``April 1, 2013'' each place it appears and
inserting ``October 1, 2016''; and
(ii) by striking ``April 1, 2012'' and inserting ``October
1, 2015''.
(f) Effective Date.--The amendments made by this section
shall take effect on April 1, 2012.

TITLE II--OTHER PROVISIONS

SEC. 40201. TEMPORARY INCREASE IN SMALL ISSUER EXCEPTION TO
TAX-EXEMPT INTEREST EXPENSE ALLOCATION RULES
FOR FINANCIAL INSTITUTIONS.

(a) In General.--Subparagraph (G) of section 265(b)(3) of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``2009 or 2010'' in clause (i) and
inserting ``2009, 2010, or 2012'',

[[Page S1361]]

(2) by striking ``2009 or 2010'' each place it appears in
clauses (ii) and (iii) and inserting ``2009, 2010, or the
period beginning after the date of the enactment of the
Highway Investment, Job Creation, and Economic Growth Act of
2012 and before January 1, 2013'', and
(3) by striking ``2009 and 2010'' in the heading and
inserting ``2009, 2010, and 2012''.
(b) Effective Date.--The amendments made by this section
shall apply to obligations issued after the date of the
enactment of this Act.

SEC. 40202. TEMPORARY MODIFICATION OF ALTERNATIVE MINIMUM TAX
LIMITATIONS ON TAX-EXEMPT BONDS.

(a) Interest on Private Activity Bonds Not Treated as Tax
Preference Items.--Clause (vi) of section 57(a)(5)(C) of the
Internal Revenue Code of 1986 is amended--
(1) in subclause (I) by inserting ``, or after the date of
enactment of the Highway Investment, Job Creation, and
Economic Growth Act of 2012 and before January 1, 2013''
after ``January 1, 2011'';
(2) in subclause (III) by inserting ``before January 1,
2011'' after ``which is issued''; and
(3) by striking ``and 2010'' in the heading and inserting
``, 2010, and portions of 2012''.
(b) No Adjustment to Adjusted Current Earnings.--Clause
(iv) of section 56(g)(4)(B) of the Internal Revenue Code of
1986 is amended--
(1) in subclause (I) by inserting ``, or after the date of
enactment of the Highway Investment, Job Creation, and
Economic Growth Act of 2012 and before January 1, 2013''
after ``January 1, 2011'';
(2) in subclause (III) by inserting ``before January 1,
2011'' after ``which is issued''; and
(3) by striking ``and 2010'' in the heading and inserting
``, 2010, and portions of  2012''.
(c) Effective Date.--The amendments made by this section
shall apply to obligations issued after the date of enactment
of this Act.

SEC. 40203. ISSUANCE OF TRIP BONDS BY STATE INFRASTRUCTURE
BANKS.

Section 610(d) of title 23, United States Code, is
amended--
(1) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively,
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) TRIP bond account.--
``(A) In general.--A State, through a State infrastructure
bank, may issue TRIP bonds and deposit proceeds from such
issuance into the TRIP bond account of the bank.
``(B) TRIP bond.--For purposes of this section, the term
`TRIP bond' means any bond issued as part of an issue if--
``(i) 100 percent of the available project proceeds of such
issue are to be used for expenditures incurred after the date
of the enactment of this paragraph for 1 or more qualified
projects pursuant to an allocation of such proceeds to such
project or projects by a State infrastructure bank,
``(ii) the bond is issued by a State infrastructure bank
and is in registered form (within the meaning of section
149(a) of the Internal Revenue Code of 1986),
``(iii) the State infrastructure bank designates such bond
for purposes of this section, and
``(iv) the term of each bond which is part of such issue
does not exceed 30 years.
``(C) Qualified project.--For purposes of this
subparagraph, the term `qualified project' means the capital
improvements to any transportation infrastructure project of
any governmental unit or other person, including roads,
bridges, rail and transit systems, ports, and inland
waterways proposed and approved by a State infrastructure
bank, but does not include costs of operations or maintenance
with respect to such project.'',
(3) by adding at the end of paragraph (5), as redesignated
by paragraph (1), the following new subparagraph:
``(D) TRIP bond account..--Funds deposited into the TRIP
bond account shall constitute for purposes of this section a
capitalization grant for the TRIP bond account of the
bank.'', and
(4) by adding at the end the following new paragraph:
``(8) Special rules for trip bond account funds.--
``(A) In general.--The State shall develop a transparent
competitive process for the award of funds deposited into the
TRIP bond account that considers the impact of qualified
projects on the economy, the environment, state of good
repair, and equity.
``(B) Applicability of federal law.--The requirements of
any Federal law, including this title and titles 40 and 49,
which would otherwise apply to projects to which the United
States is a party or to funds made available under such law
and projects assisted with those funds shall apply to--
``(i) funds made available under the TRIP bond account for
similar qualified projects, and
``(ii) similar qualified projects assisted through the use
of such funds.''.

SEC. 40204. EXTENSION OF PARITY FOR EXCLUSION FROM INCOME FOR
EMPLOYER-PROVIDED MASS TRANSIT AND PARKING
BENEFITS.

(a) In General.--Paragraph (2) of section 132(f) of the
Internal Revenue Code of 1986 is amended by striking
``January 1, 2012'' and inserting ``January 1, 2013''.
(b) Effective Date.--The amendment made by this section
shall apply to months after December 31, 2011.

SEC. 40205. EXEMPT-FACILITY BONDS FOR SEWAGE AND WATER SUPPLY
FACILITIES.

(a) Bonds for Water and Sewage Facilities Temporarily
Exempt From Volume Cap on Private Activity Bonds.--Subsection
(g) of section 146 of the Internal Revenue Code of 1986 is
amended--
(1) by striking ``and'' at the end of paragraph (3),
(2) by striking the period at the end of paragraph (4) and
inserting ``, and'', and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) any exempt facility bonds issued before January 1,
2018, as part of an issue described in paragraph (4) or (5)
of section 142(a).''.
(b) Conforming Change.--Paragraphs (2) and (3)(B) of
section 146(k) of the Internal Revenue Code of 1986 are both
amended by striking ``paragraph (4), (5), (6), or (10) of
section 142(a)'' and inserting ``paragraph (4) or (5) of
section 142(a) with respect to bonds issued after December
31, 2017, or paragraph (6) or (10) of section 142(a)''.
(c) Effective Date.--The amendments made by this section
shall apply to obligations issued after the date of the
enactment of this Act.

TITLE III--REVENUE PROVISIONS

SEC. 40301. TRANSFER FROM LEAKING UNDERGROUND STORAGE TANK
TRUST FUND TO HIGHWAY TRUST FUND.

(a) In General.--Subsection (c) of section 9508 of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``Amounts'' and inserting:
``(1) In general.--Except as provided in paragraph (2),
amounts'', and
(2) by adding at the end the following new paragraph:
``(2) Transfer to highway trust fund.--Out of amounts in
the Leaking Underground Storage Tank Trust Fund there is
hereby appropriated $3,000,000,000 to be transferred under
section 9503(f)(3) to the Highway Trust Fund.''.
(b) Transfer to Highway Trust Fund.--
(1) In general.--Subsection (f) of section 9503 of the
Internal Revenue Code of 1986 is amended by inserting after
paragraph (2) the following new paragraph:
``(3) Increase in fund balance.--There is hereby
transferred to the Highway Trust Fund amounts appropriated
from the Leaking Underground Storage Tank Trust Fund under
section 9508(c)(2).''.
(2) Conforming amendments.--Paragraph (4) of section
9503(f) of such Code is amended--
(A) by inserting ``or transferred'' after ``appropriated'',
and
(B) by striking ``appropriated'' in the heading thereof.

SEC. 40302. PORTION OF LEAKING UNDERGROUND STORAGE TANK TRUST
FUND FINANCING RATE TRANSFERRED TO HIGHWAY
TRUST FUND.

(a) In General.--Subsection (b) of section 9503 of the
Internal Revenue Code of 1986 is amended by inserting after
paragraph (2) the following new paragraph:
``(3) Portion of leaking underground storage tank trust
fund financing rate.--There are hereby appropriated to the
Highway Trust Fund amounts equivalent to one-third of the
taxes received in the Treasury under--
``(A) section 4041(d) (relating to additional taxes on
motor fuels),
``(B) section 4081 (relating to tax on gasoline, diesel
fuel, and kerosene) to the extent attributable to the Leaking
Underground Storage Tank Trust Fund financing rate under such
section, and
``(C) section 4042 (relating to tax on fuel used in
commercial transportation on inland waterways) to the extent
attributable to the Leaking Underground Storage Tank Trust
Fund financing rate under such section.
For purposes of this paragraph, there shall not be taken into
account the taxes imposed by sections 4041 and 4081 on diesel
fuel sold for use or used as fuel in a diesel-powered
boat.''.
(b) Conforming Amendments.--
(1) Paragraphs (1), (2), and (3) of section 9508(b) of the
Internal Revenue Code of 1986 are each amended by inserting
``two-thirds of the'' before ``taxes''.
(2) Paragraph (4) of section 9503(b) of such Code is
amended by striking subparagraphs (A) and (B) and by
redesignating subparagraphs (C) and (D) as subparagraphs (A)
and (B), respectively.
(c) Effective Date.--The amendments made by this section
shall apply to taxes received after the date of the enactment
of this Act.

SEC. 40303. TRANSFER OF GAS GUZZLER TAXES TO HIGHWAY TRUST
FUND.

(a) In General.--Paragraph (1) of section 9503(b) of the
Internal Revenue Code of 1986 is amended by redesignating
subparagraphs (C), (D), and (E) as subparagraphs (D), (E),
and (F), respectively, and by inserting after subparagraph
(B) the following new subparagraph:
``(B) section 4064 (relating to gas guzzler tax),''.
(b) Effective Date.--The amendments made by this section
shall apply to taxes received after the date of the enactment
of this Act.

SEC. 40304. REVOCATION OR DENIAL OF PASSPORT IN CASE OF
CERTAIN UNPAID TAXES.

(a) In General.--Subchapter D of chapter 75 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:

[[Page S1362]]

``SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF
CERTAIN TAX DELINQUENCIES.

``(a) In General.--If the Secretary receives certification
by the Commissioner of Internal Revenue that any individual
has a seriously delinquent tax debt in an amount in excess of
$50,000, the Secretary shall transmit such certification to
the Secretary of State for action with respect to denial,
revocation, or limitation of a passport pursuant to section 4
of the Act entitled `An Act to regulate the issue and
validity of passports, and for other purposes', approved July
3, 1926 (22 U.S.C. 211a et seq.), commonly known as the
`Passport Act of 1926'.
``(b) Seriously Delinquent Tax Debt.--For purposes of this
section, the term `seriously delinquent tax debt' means an
outstanding debt under this title for which a notice of lien
has been filed in public records pursuant to section 6323 or
a notice of levy has been filed pursuant to section 6331,
except that such term does not include--
``(1) a debt that is being paid in a timely manner pursuant
to an agreement under section 6159 or 7122, and
``(2) a debt with respect to which collection is suspended
because a collection due process hearing under section 6330,
or relief under subsection (b), (c), or (f) of section 6015,
is requested or pending.
``(c) Adjustment for Inflation.--In the case of a calendar
year beginning after 2012, the dollar amount in subsection
(a) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year, determined by
substituting `calendar year 2011' for `calendar year 1992' in
subparagraph (B) thereof.

If any amount as adjusted under the preceding sentence is not
a multiple of $1,000, such amount shall be rounded to the
next highest multiple of $1,000.''.
(b) Clerical Amendment.--The table of sections for
subchapter D of chapter 75 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:

``Sec. 7345. Revocation or denial of passport in case of certain tax
delinquencies.''.

(c) Authority for Information Sharing.--
(1) In general.--Subsection (l) of section 6103 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(23) Disclosure of return information to department of
state for purposes of passport revocation under section
7345.--
``(A) In general.--The Secretary shall, upon receiving a
certification described in section 7345, disclose to the
Secretary of State return information with respect to a
taxpayer who has a seriously delinquent tax debt described in
such section. Such return information shall be limited to--
``(i) the taxpayer identity information with respect to
such taxpayer, and
``(ii) the amount of such seriously delinquent tax debt.
``(B) Restriction on disclosure.--Return information
disclosed under subparagraph (A) may be used by officers and
employees of the Department of State for the purposes of, and
to the extent necessary in, carrying out the requirements of
section 4 of the Act entitled `An Act to regulate the issue
and validity of passports, and for other purposes', approved
July 3, 1926 (22 U.S.C. 211a et seq.), commonly known as the
`Passport Act of 1926'.''.
(2) Conforming amendment.--Paragraph (4) of section 6103(p)
of such Code is amended by striking ``or (22)'' each place it
appears in subparagraph (F)(ii) and in the matter preceding
subparagraph (A) and inserting ``(22), or (23)''.
(d) Revocation Authorization.--The Act entitled ``An Act to
regulate the issue and validity of passports, and for other
purposes'', approved July 3, 1926 (22 U.S.C. 211a et seq.),
commonly known as the ``Passport Act of 1926'', is amended by
adding at the end the following:

``SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT.

``(a) Ineligibility.--
``(1) Issuance.--Except as provided under subsection (b),
upon receiving a certification described in section 7345 of
the Internal Revenue Code of 1986 from the Secretary of the
Treasury, the Secretary of State may not issue a passport or
passport card to any individual who has a seriously
delinquent tax debt described in such section.
``(2) Revocation.--The Secretary of State shall revoke a
passport or passport card previously issued to any individual
described in subparagraph (A).
``(b) Exceptions.--
``(1) Emergency and humanitarian situations.--
Notwithstanding subsection (a), the Secretary of State may
issue a passport or passport card, in emergency circumstances
or for humanitarian reasons, to an individual described in
subsection (a)(1).
``(2) Limitation for return to united states.--
Notwithstanding subsection (a)(2), the Secretary of State,
before revocation, may--
``(A) limit a previously issued passport or passport card
only for return travel to the United States; or
``(B) issue a limited passport or passport card that only
permits return travel to the United States.''.
(e) Effective Date.--The amendments made by this section
shall take effect on January 1, 2013.

SEC. 40305. 100 PERCENT CONTINUOUS LEVY ON PAYMENTS TO
MEDICARE PROVIDERS AND SUPPLIERS.

(a) In General.--Paragraph (3) of section 6331(h) of the
Internal Revenue Code of 1986 is amended by striking the
period at the end and inserting ``, or to a Medicare provider
or supplier under title XVIII of the Social Security Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to payments made after the date of the enactment
of this Act.

SEC. 40306. TRANSFER OF AMOUNTS ATTRIBUTABLE TO CERTAIN
DUTIES ON IMPORTED VEHICLES INTO THE HIGHWAY
TRUST FUND.

Section 9503(b) of the Internal Revenue Code of 1986, as
amended by this Act, is amended by adding at the end the
following new paragraph:
``(8) Certain duties on imported vehicles.--There are
hereby appropriated to the Highway Trust Fund amounts
equivalent to the amounts received in the Treasury that are
attributable to duties collected on or after October 1, 2011,
and before October 1, 2016, on articles classified under
subheading 8703.22.00 or 8703.24.00 of the Harmonized Tariff
Schedule of the United States.''.

SEC. 40307. TREATMENT OF SECURITIES OF A CONTROLLED
CORPORATION EXCHANGED FOR ASSETS IN CERTAIN
REORGANIZATIONS.

(a) In General.--Section 361 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(d) Special Rules for Transactions Involving Section 355
Distributions.--In the case of a reorganization described in
section 368(a)(1)(D) with respect to which stock or
securities of the corporation to which the assets are
transferred are distributed in a transaction which qualifies
under section 355--
``(1) this section shall be applied by substituting `stock
other than nonqualified preferred stock (as defined in
section 351(g)(2))' for `stock or securities' in subsections
(a) and (b)(1), and
``(2) the first sentence of subsection (b)(3) shall apply
only to the extent that the sum of the money and the fair
market value of the other property transferred to such
creditors does not exceed the adjusted bases of such assets
transferred (reduced by the amount of the liabilities assumed
(within the meaning of section 357(c))).''.
(b) Conforming Amendment.--Paragraph (3) of section 361(b)
is amended by striking the last sentence.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to exchanges
after the date of the enactment of this Act.
(2) Transition rule.--The amendments made by this section
shall not apply to any exchange pursuant to a transaction
which is--
(A) made pursuant to a written agreement which was binding
on February 6, 2012, and at all times thereafter;
(B) described in a ruling request submitted to the Internal
Revenue Service on or before February 6, 2012; or
(C) described on or before February 6, 2012, in a public
announcement or in a filing with the Securities and Exchange
Commission.

SEC. 40308. INTERNAL REVENUE SERVICE LEVIES AND THRIFT
SAVINGS PLAN ACCOUNTS.

Section 8437(e)(3) of title 5, United States Code, is
amended by inserting ``, the enforcement of a Federal tax
levy as provided in section 6331 of the Internal Revenue Code
of 1986,'' after ``(42 U.S.C. 659)''.

SEC. 40309. DEPRECIATION AND AMORTIZATION RULES FOR HIGHWAY
AND RELATED PROPERTY SUBJECT TO LONG-TERM
LEASES.

(a) Accelerated Cost Recovery.--
(1) In general.--Section 168(g)(1) of the Internal Revenue
Code of 1986 is amended by striking ``and'' at the end of
subparagraph (D), by redesignating subparagraph (E) as
subparagraph (F), and by inserting after subparagraph (D) the
following new subparagraph:
``(E) any applicable leased highway property,''.
(2) Recovery period.--The table contained in subparagraph
(C) of section 168(g)(2) of such Code is amended by
redesignating clause (iv) as clause (v) and by inserting
after clause (iii) the following new clause:

``(iv) Applicable leased highway property..................45 years.''.

(3) Applicable leased highway property defined.--
(A) In general.--Section 168(g) of such Code is amended by
redesignating paragraph (7) as paragraph (8) and by inserting
after paragraph (6) the following new paragraph:
``(7) Applicable leased highway property.--For purposes of
paragraph (1)(E)--
``(A) In general.--The term `applicable leased highway
property' means property to which this section otherwise
applies which--
``(i) is subject to an applicable lease, and

[[Page S1363]]

``(ii) is placed in service before the date of such lease.
``(B) Applicable lease.--The term `applicable lease' means
a lease or other arrangement--
``(i) which is between the taxpayer and a State or
political subdivision thereof, or any agency or
instrumentality of either, and
``(ii) under which the taxpayer--

``(I) leases a highway and associated improvements,
``(II) receives a right-of-way on the public lands
underlying such highway and improvements, and
``(III) receives a grant of a franchise or other intangible
right permitting the taxpayer to receive funds relating to
the operation of such highway.''.

(B) Conforming amendment.--Subparagraph (F) of section
168(g)(1) (as redesignated by subsection (a)(1)) is amended
by striking ``paragraph (7)'' and inserting ``paragraph
(8)''.
(b) Amortization of Intangibles.--Section 197(f) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(11) Intangibles relating to applicable leased highway
property.--In the case of any amortizable section 197
intangible property which is acquired in connection with an
applicable lease (as defined in section 168(g)(7)(B)), the
amortization period under this section shall not be less than
the term of the applicable lease. For purposes of the
preceding sentence, rules similar to the rules of section
168(i)(3)(A) shall apply in determining the term of the
applicable lease.''.
(c) No Private Activity Bond Financing of Applicable Leased
Highway Property.--Section 147(e) of the Internal Revenue
Code of 1986 is amended by inserting ``, or to finance any
applicable leased highway property (as defined in section
168(g)(7)(A))'' after ``premises''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to leases entered
into after the date of the enactment of this Act.
(2) No private activity bond financing.--The amendment made
by subsection (c) shall apply to bonds issued after the date
of the enactment of this Act.

SEC. 40310. EXTENSION FOR TRANSFERS OF EXCESS PENSION ASSETS
TO RETIREE HEALTH ACCOUNTS.

(a) In General.--Paragraph (5) of section 420(b) of the
Internal Revenue Code of 1986 is amended by striking
``December 31, 2013'' and inserting ``December 31, 2021''.
(b) Conforming ERISA Amendments.--
(1) Sections 101(e)(3), 403(c)(1), and 408(b)(13) of the
Employee Retirement Income Security Act of 1974 are each
amended by striking ``Pension Protection Act of 2006'' and
inserting ``Highway Investment, Job Creation, and Economic
Growth Act of 2012''.
(2) Section 408(b)(13) of such Act (29 U.S.C. 1108(b)(13))
is amended by striking ``January 1, 2014'' and inserting
``January 1, 2022''.
(c) Effective Date.--The amendments made by this Act shall
take effect on the date of the enactment of this Act.

SEC. 40311. TRANSFER OF EXCESS PENSION ASSETS TO RETIREE
GROUP TERM LIFE INSURANCE ACCOUNTS.

(a) In General.--Subsection (a) of section 420 of the
Internal Revenue Code of 1986 is amended by inserting ``, or
an applicable life insurance account,'' after ``health
benefits account''.
(b) Applicable Life Insurance Account Defined.--
(1) In general.--Subsection (e) of section 420 of the
Internal Revenue Code of 1986 is amended by redesignating
paragraphs (4) and (5) as paragraphs (5) and (6),
respectively, and by inserting after paragraph (3) the
following new paragraph:
``(4) Applicable life insurance account.--The term
`applicable life insurance account' means a separate account
established and maintained for amounts transferred under this
section for qualified current retiree liabilities based on
premiums for applicable life insurance benefits.''.
(2) Applicable life insurance benefits defined.--Paragraph
(1) of section 420(e) of such Code is amended by
redesignating subparagraph (D) as subparagraph (E) and by
inserting after subparagraph (C) the following new
subparagraph:
``(D) Applicable life insurance benefits.--The term
`applicable life insurance benefits' means group-term life
insurance coverage provided to retired employees who,
immediately before the qualified transfer, are entitled to
receive such coverage by reason of retirement and who are
entitled to pension benefits under the plan, but only to the
extent that such coverage is provided under a policy for
retired employees and the cost of such coverage is excludable
from the retired employee's gross income under section 79.''.
(3) Collectively bargained life insurance benefits
defined.--
(A) In general.--Paragraph (6) of section 420(f) of such
Code is amended by redesignating subparagraph (D) as
subparagraph (E) and by inserting after subparagraph (C) the
following new subparagraph:
``(D) Collectively bargained life insurance benefits.--The
term `collectively bargained life insurance benefits' means,
with respect to any collectively bargained transfer--
``(i) applicable life insurance benefits which are provided
to retired employees who, immediately before the transfer,
are entitled to receive such benefits by reason of
retirement, and
``(ii) if specified by the provisions of the collective
bargaining agreement governing the transfer, applicable life
insurance benefits which will be provided at retirement to
employees who are not retired employees at the time of the
transfer.''.
(B) Conforming amendments.--
(i) Clause (i) of section 420(e)(1)(C) of such Code is
amended by striking ``upon retirement'' and inserting ``by
reason of retirement''.
(ii) Subparagraph (C) of section 420(f)(6) of such Code is
amended--

(I) by striking ``which are provided to'' in the matter
preceding clause (i),
(II) by inserting ``which are provided to'' before
``retired employees'' in clause (i),
(III) by striking ``upon retirement'' in clause (i) and
inserting ``by reason of retirement'', and
(IV) by striking ``active employees who, following their
retirement,'' and inserting ``which will be provided at
retirement to employees who are not retired employees at the
time of the transfer and who''.

(c) Maintenance of Effort.--
(1) In general.--Subparagraph (A) of section 420(c)(3) of
the Internal Revenue Code of 1986 is amended by inserting ``,
and each group-term life insurance plan under which
applicable life insurance benefits are provided,'' after
``health benefits are provided''.
(2) Conforming amendments.--
(A) Subparagraph (B) of section 420(c)(3) of such Code is
amended--
(i) by redesignating subclauses (I) and (II) of clause (i)
as subclauses (II) and (III) of such clause, respectively,
and by inserting before subclause (II) of such clause, as so
redesignated, the following new subclause:

``(I) separately with respect to applicable health benefits
and applicable life insurance benefits,'', and

(ii) by striking ``for applicable health benefits'' and all
that follows in clause (ii) and inserting ``was provided
during such taxable year for the benefits with respect to
which the determination under clause (i) is made.''.
(B) Subparagraph (C) of section 420(c)(3) of such Code is
amended--
(i) by inserting ``for applicable health benefits'' after
``applied separately'', and
(ii) by inserting ``, and separately for applicable life
insurance benefits with respect to individuals age 65 or
older at any time during the taxable year and with respect to
individuals under age 65 during the taxable year'' before the
period.
(C) Subparagraph (E) of section 420(c)(3) of such Code is
amended--
(i) in clause (i), by inserting ``or retiree life insurance
coverage, as the case may be,'' after ``retiree health
coverage'', and
(ii) in clause (ii), by inserting ``for retiree health
coverage'' after ``cost reductions'' in the heading thereof,
and
(iii) in clause (ii)(II), by inserting ``with respect to
applicable health benefits'' after ``liabilities of the
employer''.
(D) Paragraph (2) of section 420(f) of such Code is amended
by striking ``collectively bargained retiree health
liabilities'' each place it occurs and inserting
``collectively bargained retiree liabilities''.
(E) Clause (i) of section 420(f)(2)(D) of such Code is
amended--
(i) by inserting ``, and each group-term life insurance
plan or arrangement under which applicable life insurance
benefits are provided,'' in subclause (I) after ``applicable
health benefits are provided'',
(ii) by inserting ``or applicable life insurance benefits,
as the case may be,'' in subclause (I) after ``provides
applicable health benefits'',
(iii) by striking ``group health'' in subclause (II), and
(iv) by inserting ``or collectively bargained life
insurance benefits'' in subclause (II) after ``collectively
bargained health benefits''.
(F) Clause (ii) of section 420(f)(2)(D) of such Code is
amended--
(i) by inserting ``with respect to applicable health
benefits or applicable life insurance benefits'' after
``requirements of subsection (c)(3)'', and
(ii) by adding at the end the following: ``Such election
may be made separately with respect to applicable health
benefits and applicable life insurance benefits. In the case
of an election with respect to applicable life insurance
benefits, the first sentence of this clause shall be applied
as if subsection (c)(3) as in effect before the amendments
made by such Act applied to such benefits.''
(G) Clause (iii) of section 420(f)(2)(D) of such Code is
amended--
(i) by striking ``retiree'' each place it occurs, and
(ii) by inserting ``, collectively bargained life insurance
benefits, or both, as the case may be,'' after ``health
benefits'' each place it occurs.
(d) Coordination With Section 79.--Section 79 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subsection:
``(f) Exception for Life Insurance Purchased in Connection
With Qualified Transfer of Excess Pension Assets.--Subsection
(b)(3) and section 72(m)(3) shall not apply in the case of
any cost paid (whether directly or indirectly) with assets
held in an applicable life insurance account (as defined in
section 420(e)(4)) under a defined benefit plan.''.
(e) Conforming Amendments.--
(1) Section 420 of the Internal Revenue Code of 1986 is
amended by striking ``qualified current retiree health
liabilities'' each

[[Page S1364]]

place it appears and inserting ``qualified current retiree
liabilities''.
(2) Section 420 of such Code is amended by inserting ``, or
an applicable life insurance account,'' after ``a health
benefits account'' each place it appears in subsection
(b)(1)(A), subparagraphs (A), (B)(i), and (C) of subsection
(c)(1), subsection (d)(1)(A), and subsection (f)(2)(E)(ii).
(3) Section 420(b) of such Code is amended--
(A) by adding the following at the end of paragraph (2)(A):
``If there is a transfer from a defined benefit plan to both
a health benefits account and an applicable life insurance
account during any taxable year, such transfers shall be
treated as 1 transfer for purposes of this paragraph.'', and
(B) by inserting ``to an account'' after ``may be
transferred'' in paragraph (3).
(4) The heading for section 420(c)(1)(B) of such Code is
amended by inserting ``or life insurance'' after ``health
benefits''.
(5) Paragraph (1) of section 420(e) of such Code is
amended--
(A) by inserting ``and applicable life insurance benefits''
in subparagraph (A) after ``applicable health benefits'', and
(B) by striking ``health'' in the heading thereof.
(6) Subparagraph (B) of section 420(e)(1) of such Code is
amended--
(A) in the matter preceding clause (i), by inserting
``(determined separately for applicable health benefits and
applicable life insurance benefits)'' after ``shall be
reduced by the amount'',
(B) in clause (i), by inserting ``or applicable life
insurance accounts'' after ``health benefit accounts'', and
(C) in clause (i), by striking ``qualified current retiree
health liability'' and inserting ``qualified current retiree
liability''.
(7) The heading for subsection (f) of section 420 of such
Code is amended by striking ``Health'' each place it occurs.
(8) Subclause (II) of section 420(f)(2)(B)(ii) of such Code
is amended by inserting ``or applicable life insurance
account, as the case may be,'' after ``health benefits
account''.
(9) Subclause (III) of section 420(f)(2)(E)(i) of such Code
is amended--
(A) by inserting ``defined benefit'' before ``plan
maintained by an employer'', and
(B) by inserting ``health'' before ``benefit plans
maintained by the employer''.
(10) Paragraphs (4) and (6) of section 420(f) of such Code
are each amended by striking ``collectively bargained retiree
health liabilities'' each place it occurs and inserting
``collectively bargained retiree liabilities''.
(11) Subparagraph (A) of section 420(f)(6) of such Code is
amended--
(A) in clauses (i) and (ii), by inserting ``, in the case
of a transfer to a health benefits account,'' before ``his
covered spouse and dependents'', and
(B) in clause (ii), by striking ``health plan'' and
inserting ``plan''.
(12) Subparagraph (B) of section 420(f)(6) of such Code is
amended--
(A) in clause (i), by inserting ``, and collectively
bargained life insurance benefits,'' after ``collectively
bargained health benefits'',
(B) in clause (ii)--
(i) by adding at the end the following: ``The preceding
sentence shall be applied separately for collectively
bargained health benefits and collectively bargained life
insurance benefits.'', and
(ii) by inserting ``, applicable life insurance accounts,''
after ``health benefit accounts'', and
(C) by striking ``health'' in the heading thereof.
(13) Subparagraph (E) of section 420(f)(6) of such Code, as
redesignated by subsection (b), is amended--
(A) by striking ``bargained health'' and inserting
``bargained'',
(B) by inserting ``, or a group-term life insurance plan or
arrangement for retired employees,'' after ``dependents'' ,
and
(C) by striking ``health'' in the heading thereof.
(14) Section 101(e) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1021(e)) is amended--
(A) in paragraphs (1) and (2), by inserting ``or applicable
life insurance account'' after ``health benefits account''
each place it appears, and
(B) in paragraph (1), by inserting ``or applicable life
insurance benefit liabilities'' after ``health benefits
liabilities''.
(f) Technical Correction.--Clause (iii) of section
420(f)(6)(B) is amended by striking ``416(I)(1)'' and
inserting ``416(i)(1)''.
(g) Repeal of Deadwood.--
(1) Subparagraph (A) of section 420(b)(1) of the Internal
Revenue Code of 1986 is amended by striking ``in a taxable
year beginning after December 31, 1990''.
(2) Subsection (b) of section 420 of such Code is amended
by striking paragraph (4) and by redesignating paragraph (5),
as amended by this Act, as paragraph (4).
(3) Paragraph (2) of section 420(b) of such Code, as
amended by this section, is amended--
(A) by striking subparagraph (B), and
(B) by striking ``per year.--'' and all that follows
through ``No more than'' and inserting ``per year.--No more
than''.
(4) Paragraph (2) of section 420(c) of such Code is
amended--
(A) by striking subparagraph (B),
(B) by moving subparagraph (A) two ems to the left, and
(C) by striking ``before transfer.--'' and all that follows
through ``The requirements of this paragraph'' and inserting
the following: ``before transfer.--The requirements of this
paragraph''.
(5) Paragraph (2) of section 420(d) of such Code is amended
by striking ``after December 31, 1990''.
(h) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to transfers made after the date of the enactment of
this Act.
(2) Conforming amendments relating to pension protection
act.--The amendments made by subsections (b)(3)(B) and (f)
shall take effect as if included in the amendments made by
section 841(a) of the Pension Protection Act of 2006.

SEC. 40312. PENSION FUNDING STABILIZATION.

(a) Amendments to Internal Revenue Code of 1986.--
(1) In general.--Subparagraph (C) of section 430(h)(2) of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new clause:
``(iv) Segment rate stabilization.--If a segment rate
described in clause (i), (ii), or (iii) with respect to any
applicable month (determined without regard to this clause)
is less than 85 percent, or more than 115 percent, of the
average of the segment rates (determined on an annual basis
by the Secretary) described in such clause for years in the
10-year period ending with September 30 of the calendar year
preceding the calendar year in which the plan year begins,
then the segment rate described in such clause with respect
to the applicable month shall be equal to 85 or 115 percent
of such average, whichever is closest.''.
(2) Conforming amendments.--
(A) Paragraph (6) of section 404(o) of such Code is amended
by inserting ``(determined by not taking into account any
adjustment under clause (iv) of subsection (h)(2)(C)
thereof)'' before the period.
(B) Subparagraph (F) of section 430(h)(2) of such Code is
amended by inserting ``and the averages determined under
subparagraph (C)(iv)'' after ``subparagraph (C)''.
(C) Subparagraphs (C) and (D) of section 417(e)(3) of such
Code are each amended by striking ``section 430(h)(2)(C)''
and inserting ``section 430(h)(2)(C) (determined by not
taking into account any adjustment under clause (iv)
thereof)''.
(b) Amendments to Employee Retirement Income Security Act
of 1974.--
(1) In general.--Subparagraph (C) of section 303(h)(2) of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1083(h)(2)) is amended by adding at the end the
following new clause:
``(iv) Segment rate stabilization.--If a segment rate
described in clause (i), (ii), or (iii) with respect to any
applicable month (determined without regard to this clause)
is less than 85 percent, or more than 115 percent, of the
average of the segment rates (determined on an annual basis
by the Secretary of the Treasury) described in such clause
for years in the 10-year period ending with September 30 of
the calendar year preceding the calendar year in which the
plan year begins, then the segment rate described in such
clause with respect to the applicable month shall be equal to
85 or 115 percent of such average, whichever is closest.''.
(2) Conforming amendments.--
(A) Subparagraph (F) of section 303(h)(2) of such Act (29
U.S.C. 1083(h)(2)) is amended by inserting ``and the averages
determined under subparagraph (C)(iv)'' after ``subparagraph
(C)''.
(B) Clauses (ii) and (iii) of section 205(g)(3)(B) of such
Act (29 U.S.C. 1055(g)(3)(B)) are each amended by striking
``section 303(h)(2)(C)'' and inserting ``section 303(h)(2)(C)
(determined by not taking into account any adjustment under
clause (iv) thereof)''.
(C) Clause (iv) of section 4006(a)(3)(E) of such Act (29
U.S.C. 1306(a)(3)(E)) is amended by striking ``section
303(h)(2)(C)'' and inserting ``section 303(h)(2)(C)
(notwithstanding any regulations issued by the corporation,
determined by not taking into account any adjustment under
clause (iv) thereof)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to plan years beginning after
December 31, 2011.
(d) Transfer to Highway Trust Fund.--Subsection (f) of
section 9503 of the Internal Revenue Code of 1986, as amended
by this Act, is amended by redesignating paragraph (4) as
paragraph (5) and by inserting after paragraph (3) the
following new paragraph:
``(4) Additional appropriation to fund.--Out of money in
the Treasury not otherwise appropriated, there is hereby
appropriated $1,588,000,000 to the Highway Trust Fund.''.
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