[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1813 Engrossed in Senate (ES)]
112th CONGRESS
2d Session
S. 1813
_______________________________________________________________________
AN ACT
To reauthorize Federal-aid highway and highway safety construction
programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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 8 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.
(5) Division E-Research and Education.
(6) Division F-Miscellaneous.
(7) Division G-Air Transportation.
(8) Division H-Budgetary Effects.
(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.
Sec. 2. Definitions.
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.
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.
Sec. 1119. Construction of ferry boats and ferry terminal facilities.
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.
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.
Sec. 1528. Buy America provisions.
Sec. 1529. Exemptions from requirements for certain farm vehicles.
Sec. 1530. Appalachian development highway system.
Sec. 1531. Denali Commission.
Sec. 1532. Updated corrosion control and prevention report.
Sec. 1533. Harbor Maintenance trust fund.
Sec. 1534. Enrichment technology and intellectual property.
Sec. 1535. Sense of Senate concerning expenditious completion of
environmental reviews, approvals,
licensing, and permit requirements.
Subtitle F--Gulf Coast Restoration
Sec. 1601. Short title.
Sec. 1602. Gulf Coast Restoration Trust Fund.
Sec. 1603. Gulf Coast natural resources restoration and economic
recovery.
Sec. 1604. Gulf Coast Ecosystem Restoration Science, Observation,
Monitoring, and Technology Program.
Sec. 1605. Effect.
Subtitle G--Land and Water Conservation Fund
Sec. 1701. Land and water conservation fund.
Subtitle H--Offsets
Sec. 1801. Delay in application of worldwide interest.
TITLE II--AMERICA FAST FORWARD FINANCING INNOVATION
Sec. 2001. Short title.
Sec. 2002. Transportation Infrastructure Finance and Innovation Act
amendments.
Sec. 2003. State infrastructure banks.
TITLE III--HIGHWAY SPENDING CONTROLS
Sec. 3001. 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. Odometer requirements.
Sec. 31206. Increased penalties and damages for odometer fraud.
Sec. 31207. Extend prohibitions on importing noncompliant vehicles and
equipment to defective vehicles and
equipment.
Sec. 31208. Financial responsibility requirements for importers.
Sec. 31209. Conditions on importation of vehicles and equipment.
Sec. 31210. 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.
Sec. 32208. Rental truck accident study.
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.
Sec. 32514. Grade crossing safety regulations.
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.
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.
Sec. 33007. Buy America waiver requirements.
Sec. 33008. Make it in America Initiative.
Sec. 33009. Capacity-building for natural disasters and extreme
weather.
Sec. 33010. Toll fairness study.
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--NATIONAL RAIL SYSTEM PRESERVATION, EXPANSION, AND DEVELOPMENT
ACT OF 2012
Sec. 35001. Short title.
Sec. 35002. References to title 49, United States Code.
Subtitle A--Federal and State Roles in Rail Planning and Development
Tools
Sec. 35101. Rail plans.
Sec. 35102. Improved data on delay.
Sec. 35103. Data and modeling.
Sec. 35104. Shared-use corridor study.
Sec. 35105. Cooperative equipment pool.
Sec. 35106. Project management oversight and planning.
Sec. 35107. Improvements to the Capital Assistance Programs.
Sec. 35108. Liability.
Sec. 35109. Disadvantaged business enterprises.
Sec. 35110. Workforce development.
Sec. 35111. Veterans employment.
Subtitle B--Amtrak
Sec. 35201. State-supported routes.
Sec. 35202. Northeast corridor infrastructure and operations advisory
commission.
Sec. 35203. Northeast corridor high-speed rail improvement plan.
Sec. 35204. Northeast corridor environmental review process.
Sec. 35205. Delegation authority.
Sec. 35206. Amtrak inspector general.
Sec. 35207. Compensation for private-sector use of Federally-funded
assets.
Sec. 35208. On-time performance.
Sec. 35209. Board of directors.
Sec. 35210. Amtrak.
Subtitle C--Rail Safety Improvements
Sec. 35301. Positive train control.
Sec. 35302. Additional eligibility for railroad rehabilitation and
improvement financing.
Sec. 35303. FCC study of spectrum availability.
Subtitle D--Freight Rail
Sec. 35401. Rail line relocation.
Sec. 35402. Compilation of complaints.
Sec. 35403. Maximum relief in certain rate cases.
Sec. 35404. Rate review timelines.
Sec. 35405. Revenue adequacy study.
Sec. 35406. Quarterly reports.
Sec. 35407. Workforce review.
Sec. 35408. Railroad rehabilitation and improvement financing.
Subtitle E--Technical Corrections
Sec. 35501. Technical corrections.
Sec. 35502. Condemnation authority.
Subtitle F--Licensing and Insurance Requirements for Passenger Rail
Carriers
Sec. 35601. Certification of passenger rail carriers.
TITLE VI--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY ACT OF
2012
Sec. 36001. Short title.
Sec. 36002. Amendment of Federal Aid in Sport Fish Restoration Act.
TITLE VII--MISCELLANEOUS
Sec. 37001. Aircraft noise abatement.
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. 40313. Additional transfers to Highway Trust Fund.
Sec. 40314. Transfers to Federal Old-Age and Survivors Insurance Trust
Fund and Federal Disability Insurance Trust
Fund.
DIVISION E--RESEARCH AND EDUCATION
Sec. 50001. Short title.
TITLE I--FUNDING
Sec. 51001. Authorization of appropriations.
TITLE II--RESEARCH, TECHNOLOGY, AND EDUCATION
Sec. 52001. Research, technology, and education.
Sec. 52002. Surface transportation research, development, and
technology.
Sec. 52003. Research and technology development and deployment.
Sec. 52004. Training and education.
Sec. 52005. State planning and research.
Sec. 52006. International highway transportation program.
Sec. 52007. Surface transportation environmental cooperative research
program.
Sec. 52008. National cooperative freight research.
Sec. 52009. Prize authority.
Sec. 52010. University transportation centers program.
Sec. 52011. Bureau of transportation statistics.
Sec. 52012. Administrative authority.
Sec. 52013. Transportation research and development strategic planning.
TITLE III--INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH
Sec. 53001. Use of funds for its activities.
Sec. 53002. Goals and purposes.
Sec. 53003. General authorities and requirements.
Sec. 53004. Research and development.
Sec. 53005. National architecture and standards.
Sec. 53006. Vehicle-to-vehicle and vehicle-to-infrastructure
communications systems deployment.
DIVISION F--MISCELLANEOUS
TITLE I--REAUTHORIZATION OF CERTAIN PROGRAMS
Subtitle A--Secure Rural Schools and Community Self-determination
Program
Sec. 100101. Secure Rural Schools and Community Self-Determination
Program.
Subtitle B--Payment in Lieu of Taxes Program
Sec. 100111. Payments in lieu of taxes.
Subtitle C--Offsets
Sec. 100112. Tax reporting for life settlement transactions.
Sec. 100113. Clarification of tax basis of life insurance contracts.
Sec. 100114. Exception to transfer for valuable consideration rules.
Sec. 100115. Phased retirement authority.
Sec. 100116. Roll-your-own cigarette machines.
TITLE II--STOP TAX HAVEN ABUSE
Sec. 100201. Authorizing special measures against foreign
jurisdictions, financial institutions, and
others that significantly impede United
States tax enforcement.
DIVISION G--AIR TRANSPORTATION
Sec. 100301. Technical corrections relating to overflights of National
Parks.
DIVISION H--BUDGETARY EFFECTS
Sec. 100401. Budgetary effects.
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.
(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--
(A) 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 (or apportioned by the Secretary under
sections 202 or 204 of title 23, United States Code);
and
(B) for which obligation authority was provided in
a previous fiscal year;
(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 (other
than programs to which paragraph (1) applies) that are
allocated by the Secretary under this Act and title 23, United
States Code, or apportioned by the Secretary under sections 202
or 204 of that title, 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) and the amounts
apportioned under section 204 of that title) 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.
(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) division E 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 (excluding funds authorized
for the program under section 202 of title 23, United States
Code) 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 (or will not be apportioned to the States
under section 204 of title 23, United States Code), 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.
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''.
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--
(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.
``(C) Further adjustment for privatized highways.--
``(i) Definition of privatized highway.--In
this subparagraph:
``(I) In general.--The term
`privatized highway' means a highway
that was formerly a publically operated
toll road that is subject to an
agreement giving a private entity--
``(aa) control over the
operation of the highway; and
``(bb) ownership over the
toll revenues collected from
the operation of the highway.
``(II) Exclusion.--The term
`privatized highway' does not include
any highway or toll road that was
originally--
``(aa) financed and
constructed using private
funds; and
``(bb) operated by a
private entity.
``(ii) Adjustment.--After making the
adjustments to the apportionment of a State
under subparagraphs (A) and (B), the Secretary
shall further adjust the amount to be
apportioned to the State by reducing the
apportionment by an amount equal to the product
obtained by multiplying--
``(I) the amount to be apportioned
to the State, as so adjusted under
those subparagraphs; and
``(II) the percentage described in
clause (iii).
``(iii) Percentage.--The percentage
referred to in clause (ii) is the percentage
equal to the sum obtained by adding--
``(I) the product obtained by
multiplying--
``(aa) \1/2\; and
``(bb) the proportion
that--
``(AA) the total
number of lane miles on
privatized highway
lanes on National
Highway System routes
in a State; bears to
``(BB) the total
number of all lane
miles on National
Highway System routes
in the State; and
``(II) the product obtained by
multiplying--
``(aa) \1/2\; and
``(bb) the proportion
that--
``(AA) the total
number of vehicle miles
traveled on privatized
highway lanes on
National Highway System
routes in the State;
bears to
``(BB) the total
number of vehicle miles
traveled on all lanes
on National Highway
System routes in the
State.
``(iv) Reapportionment.--An amount withheld
from apportionment to a State under clause (ii)
shall be reapportioned among all other States
based on the proportions calculated under
subparagraph (A).
``(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
``(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 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 (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.
``(g) Protecting Public Safety and Maintaining Roadways.--The
Secretary may use amounts from the emergency fund authorized by this
section to carry out projects that the Secretary determines are
necessary to protect public safety or to maintain or protect roadways
that have been included within the scope of a prior emergency
declaration in order to maintain the continuation of roadway services
on roads that are threatened by continuous or frequent flooding.''.
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 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.--
``(A) Set-aside.--Of the amounts apportioned to a
State for fiscal year 2012 and each fiscal year
thereafter under this section, the State shall obligate
for activities described in subsection (c)(2) for off-
system bridges an amount that is not less than 15
percent of the amount of funds apportioned to the State
for the highway bridge program for fiscal year 2009.
``(B) Reduction of expenditures.--The Secretary,
after consultation with State and local officials, may
reduce the requirement for expenditures for off-system
bridges under subparagraph (A) with respect to the
State if the Secretary determines that the State has
inadequate needs to justify the expenditure.
``(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--
``(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.
``(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 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
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 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.--
``(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
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;
``(VI) a tribal government; and
``(VII) 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.
``(7) Continuation of certain recreational trails
projects.--Each State that does not opt out of this paragraph
shall--
``(A) obligate an amount of funds reserved under
this section equal to the amount of the funds
apportioned to the State for fiscal year 2009 under
section 104(h)(2) for projects relating to recreational
trails under section 206;
``(B) return 1 percent of those funds to the
Secretary for the administration of that program; and
``(C) comply with the provisions of the
administration of the recreational trails program under
section 206, including the use of apportioned funds
described under subsection (d)(3)(A) of that section.
``(8) State flexibility.--A State may opt out of the
recreational trails program under paragraph (7) if the Governor
of the State notifies the Secretary not later than 30 days
prior to apportionments being made for any fiscal year.''.
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.
``(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.
``(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
``(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--
``(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) Tribal technical assistance centers.--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 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) for each Indian
tribe, 80 percent of the total
relative need distribution
factor and population
adjustment factor for the
fiscal year 2011 funding amount
made available to that Indian
tribe; and
``(bb) the remainder using
tribal shares as described in
subparagraphs (B) and (C).
``(II) For fiscal year 2013--
``(aa) for each Indian
tribe, 60 percent of the total
relative need distribution
factor and population
adjustment factor for the
fiscal year 2011 funding amount
made available to that Indian
tribe; and
``(bb) the remainder using
tribal shares as described in
subparagraphs (B) and (C).
``(III) For fiscal year 2014--
``(aa) for each Indian
tribe, 40 percent of the total
relative need distribution
factor and population
adjustment factor for the
fiscal year 2011 funding amount
made available to that Indian
tribe; and
``(bb) the remainder using
tribal shares as described in
subparagraphs (B) and (C).
``(IV) For fiscal year 2015--
``(aa) for each Indian
tribe, 20 percent of the total
relative need distribution
factor and population
adjustment factor for the
fiscal year 2011 funding amount
made available to that Indian
tribe; and
``(bb) the remainder using
tribal shares as described in
subparagraphs (B) and (C).
``(V) For fiscal year 2016 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) $82,500,000; 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 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 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 unless the Secretary determines that the bicycle level of
service on that roadway is rated B or higher.
``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.
``(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
(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.
SEC. 1119. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
(a) Construction of Ferry Boats and Ferry Terminal Facilities.--
Section 147 of title 23, United States Code, is amended--
(1) by striking subsections (c), (d), and (e);
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (b) the following:
``(c) Distribution of Funds.--Of the amounts made available to
ferry systems and public entities responsible for developing ferries
under this section for a fiscal year, 100 percent shall be allocated in
accordance with the formula set forth in subsection (d).
``(d) Formula.--Of the amounts allocated pursuant to subsection
(c)--
``(1) 20 percent shall be allocated among eligible entities
in the proportion that--
``(A) the number of ferry passengers carried by
each ferry system in the most recent fiscal year; bears
to
``(B) the number of ferry passengers carried by all
ferry systems in the most recent fiscal year;
``(2) 50 percent shall be allocated among eligible entities
in the proportion that--
``(A) the number of vehicles carried by each ferry
system in the most recent fiscal year; bears to
``(B) the number of vehicles carried by all ferry
systems in the most recent fiscal year; and
``(3) 30 percent shall be allocated among eligible entities
in the proportion that--
``(A) the total route miles serviced by each ferry
system; bears to
``(B) the total route miles serviced by all ferry
systems.
``(e) Ferry Boat Coordination Team.--
``(1) Establishment.--The Secretary shall establish within
the Federal Highway Administration a Ferry Boat Coordination
Team to carry out paragraph (2).
``(2) Purposes.--The purposes of the ferry boat
coordination team shall be--
``(A) to coordinate Federal programs affecting
ferry and ferry facility construction, maintenance,
operations, and security; and
``(B) to promote transportation by ferry as a
component of the United States transportation system.
``(3) Functions.--The ferry boat coordination team shall--
``(A) coordinate programs relating to ferry
transportation carried out by--
``(i) the Department of Transportation,
including programs carried out by the Federal
Highway Administration, the Federal Transit
Administration, the Maritime Administration,
and the Research and Innovative Technology
Administration;
``(ii) the Department of Homeland Security;
and
``(iii) other Federal and State agencies,
as appropriate;
``(B) ensure resource accountability for programs
carried out by the Secretary relating to ferry
transportation;
``(C) provide strategic leadership for research,
development, testing, and deployment of technologies
relating to ferry transportation; and
``(D) promote ferry transportation as a means to
reduce costs associated with traffic congestion.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $67,000,000 for each of fiscal
years 2012 and 2013.''.
(b) National Ferry Database.--Section 1801(e) of the SAFETEA-LU (23
U.S.C. 129 note; Public Law 109-59) is amended--
(1) in paragraph (2), by inserting ``, including any
Federal, State, and local government funding sources,'' after
``sources''; and
(2) in paragraph (4)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) by redesignating subparagraph (C) as
subparagraph (D);
(C) by inserting after subparagraph (B), the
following:
``(C) ensure that the database is consistent with
the national transit database maintained by the Federal
Transit Administration; and''; and
(D) in subparagraph (D) (as redesignated by
subparagraph (B)), by striking ``2009'' and inserting
``2013''.
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 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.--
``(i) In general.--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.
``(ii) Justification.--The Secretary shall,
in a timely manner, provide a substantive
written justification to each metropolitan
planning organization that is the subject of a
negative determination of the Secretary under
clause (i)(II).
``(C) Extension.--If 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;
``(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); and
``(iii) make a determination not later than
1 year after the date on which the Secretary
issues an extension, regardless of whether the
metropolitan planning organization has met the
minimum requirements established under
subsection (e)(4)(B)(ii).
``(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 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) be limited to ensuring 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 staffing
capabilities necessary to
operate the metropolitan
planning organization; and
``(bb) a requirement that
the metropolitan planning
organization has the technical
capacity to conduct the travel
demand model and forecasting
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) Limitation.--The rule issued
pursuant to this subparagraph shall only
include the minimum requirements established
under clause (ii).
``(iv) 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 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
``(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.--
``(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 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.--
``(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) a congestion mitigation and air
quality performance plan developed under
section 149(k) by a tier I metropolitan
planning organization (as defined in section
134) representing a nonattainment or
maintenance area;
``(v) safety plans developed by providers
of public transportation; and
``(vi) 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--
``(i) nonmetropolitan local elected
officials an opportunity to participate in
accordance with subparagraph (B)(i); and
``(ii) 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 this paragraph, the
State shall--
``(i) develop and document a consultative
process to carry out subparagraph (A)(i) that
is separate and discrete from the public
involvement process developed under clause
(ii);
``(ii) 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;
``(iii) 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.);
``(iv) employ visualization techniques to
describe statewide transportation plans and
statewide transportation improvement programs;
and
``(v) 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 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 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 this section and applicable Federal law
(including rules and regulations); and
``(B) subject to paragraph (2), certify, not later
than 180 days after the date of enactment of the MAP-21
and not less frequently than once every 5 years
thereafter, 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--
``(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
``(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;
``(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)--
``(I) in clause (i), by striking
`but'; and
``(II) by striking clause (ii) and
inserting the following:
``(ii) at the request of the State, the
Secretary may also assign to the State, and the
State may assume, the responsibilities of the
Secretary with respect to 1 or more railroad,
public transportation, or multimodal projects
within the State under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
``(iii) in a State that has assumed the
responsibilities of the Secretary under clause
(ii), a recipient of assistance under chapter
53 of title 49 may request that the Secretary
maintain the responsibilities of the Secretary
with respect to 1 or more public transportation
projects within the State under the National
Environmental Policy Act of 1969 (42 U.S.C. 13
4321 et seq.); but
``(iv) 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
(i) 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 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.--
``(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 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--
``(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, 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.
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'';
(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 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 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).
(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, 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, 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 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).
SEC. 1528. BUY AMERICA PROVISIONS.
Section 313 of title 23, United States Code, is amended by adding
at the end the following:
``(g) Application to Highway Programs.--The requirements under this
section shall apply to all contracts eligible for assistance under this
chapter for a project carried out within the scope of the applicable
finding, determination, or decision under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding
source of such contracts, if at least 1 contract for the project is
funded with amounts made available to carry out this title.''.
SEC. 1529. EXEMPTIONS FROM REQUIREMENTS FOR CERTAIN FARM VEHICLES.
(a) Federal Requirements.--A covered farm vehicle, including the
individual operating that vehicle, shall be exempt from the following:
(1) Any requirement relating to commercial driver's
licenses established under chapter 313 of title 49, United
States Code.
(2) Any requirement relating to medical certificates
established under--
(A) subchapter III of chapter 311 of title 49,
United States Code; or
(B) chapter 313 of title 49, United States Code.
(3) Any requirement relating to hours of service
established under--
(A) subchapter III of chapter 311 of title 49,
United States Code; or
(B) chapter 315 of title 49, United States Code.
(4) Any requirement relating to vehicle inspection, repair,
and maintenance established under--
(A) subchapter III of chapter 311 of title 49,
United States Code; or
(B) chapter 315 of title 49, United States Code.
(b) State Requirements.--
(1) In general.--Federal transportation funding to a State
may not be terminated, limited, or otherwise interfered with as
a result of the State exempting a covered farm vehicle,
including the individual operating that vehicle, from any State
requirement relating to the operation of that vehicle.
(2) Exception.--Paragraph (1) does not apply with respect
to a covered farm vehicle transporting hazardous materials that
require a placard.
(3) State requirements.--Notwithstanding section (a) or any
other provision of law, a State may enact and enforce safety
requirements related to covered farm vehicles.
(c) Covered Farm Vehicle Defined.--
(1) In general.--In this section, the term ``covered farm
vehicle'' means a motor vehicle (including an articulated motor
vehicle)--
(A) that--
(i) is traveling in the State in which the
vehicle is registered or another State;
(ii) is operated by--
(I) a farm owner or operator;
(II) a ranch owner or operator; or
(III) an employee or family member
of an individual specified in subclause
(I) or (II);
(iii) is transporting to or from a farm or
ranch--
(I) agricultural commodities;
(II) livestock; or
(III) machinery or supplies;
(iv) except as provided in paragraph (2),
is not used in the operations of a for-hire
motor carrier; and
(v) is equipped with a special license
plate or other designation by the State in
which the vehicle is registered to allow for
identification of the vehicle as a farm vehicle
by law enforcement personnel; and
(B) that has a gross vehicle weight rating or gross
vehicle weight, whichever is greater, that is--
(i) 26,001 pounds or less; or
(ii) greater than 26,001 pounds and
traveling within the State or within 150 air
miles of the farm or ranch with respect to
which the vehicle is being operated.
(2) Inclusion.--In this section, the term ``covered farm
vehicle'' includes a motor vehicle that meets the requirements
of paragraph (1) (other than paragraph (1)(A)(iv)) and is--
(A) operated pursuant to a crop share farm lease
agreement;
(B) owned by a tenant with respect to that
agreement; and
(C) transporting the landlord's portion of the
crops under that agreement.
(d) Safety Study.--The Secretary shall conduct a study of the
exemption required by section (a) as follows--
(1) Data and analysis of covered farm vehicles shall
include:
(A) the number of vehicles that are operated
subject to each of the regulatory exemptions permitted
under section (a);
(B) the number of drivers that operate covered farm
vehicles subject to each of the regulatory exemptions
permitted under section (a);
(C) the number of crashes involving covered farm
vehicles;
(D) the number of occupants and non-occupants
injured in crashes involving covered farm vehicles;
(E) the number of fatalities of occupants and non-
occupants killed in crashes involving farm vehicles;
(F) crash investigations and accident
reconstruction investigations of all fatalities in
crashes involving covered farm vehicles;
(G) overall operating mileage of covered farm
vehicles;
(H) numbers of covered farm vehicles that operate
in neighboring states; and
(I) any other data the Secretary deems necessary to
analyze and include.
(2) A listing of state regulations issued and maintained in
each state that are identical to the federal regulations that
are subject to exemption in section (a).
(3) The Secretary shall report the findings of the study to
the appropriate committees of the Congress not later than 18
months after enactment of MAP-21.
SEC. 1530. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) Sense of the Senate.--It is the Sense of the Senate that the
timely completion of the Appalachian development highway system is a
transportation priority in the national interest.
(b) Modified Federal Share for Projects on Adhs.--For fiscal years
2012 through 2021, the Federal share payable for the cost of
constructing highways and access roads on the Appalachian development
highway system under section 14501 of title 40, United States Code,
with funds made available to a State for fiscal year 2012 or a previous
fiscal year for the Appalachian development highway system program, or
with funds made available for fiscal year 2012 or a previous fiscal
year for a specific project, route, or corridor on that system, shall
be 95 percent.
(c) Federal Share for Other Funds Used on Adhs.--For fiscal years
2012 through 2021, the Federal share payable for the cost of
constructing highways and access roads on the Appalachian development
highway system under section 14501 of title 40, United States Code,
with Federal funds apportioned to a State for a program other than the
Appalachian development highway system program shall be 95 percent.
(d) Completion Plan.--Not later than 1 year after the date of
enactment of the MAP-21, each State represented on the Appalachian
Regional Commission shall establish a plan for the completion of the
designated corridors of the Appalachian development highway system
within the State, including annual performance targets, with a target
completion date.
SEC. 1531. DENALI COMMISSION.
The Denali Commission Act of 1998 (42 U.S.C. 3121 note) is
amended--
(1) in section 305, by striking subsection (c) and
inserting the following:
``(c) Gifts.--
``(1) In general.--Except as provided in paragraph (2), the
Commission, on behalf of the United States, may accept use, and
dispose of gifts or donations of services, property, or money
for purposes of carrying out this Act.
``(2) Conditional.--With respect to conditional gifts--
``(A)(i) the Commission, on behalf of the United
States, may accept conditional gifts for purposes of
carrying out this Act, if approved by the Federal
Cochairperson; and
``(ii) the principal of and income from any such
conditional gift shall be held, invested, reinvested,
and used in accordance with the condition applicable to
the gift; but
``(B) no gift shall be accepted that is conditioned
on any expenditure not to be funded from the gift or
from the income generated by the gift unless the
expenditure has been approved by Act of Congress.'';
and
(2) by adding at the end the following:
``SEC. 311. TRANSFER OF FUNDS FROM OTHER FEDERAL AGENCIES.
``(a) In General.--Subject to subsection (c), for purposes of this
Act, the Commission may accept transfers of funds from other Federal
agencies.
``(b) Transfers.--Any Federal agency authorized to carry out an
activity that is within the authority of the Commission may transfer to
the Commission any appropriated funds for the activity.
``(c) Treatment.--Any funds transferred to the Commission under
this subsection--
``(1) shall remain available until expended; and
``(2) may, to the extent necessary to carry out this Act,
be transferred to, and merged with, the amounts made available
by appropriations Acts for the Commission by the Federal
Cochairperson.''.
SEC. 1532. UPDATED CORROSION CONTROL AND PREVENTION REPORT.
Not later than 30 months after the date of enactment of this Act,
the Secretary shall submit to Congress an updated report on the costs
and benefits of the prevention and control of corrosion on the surface
transportation infrastructure of the United States.
SEC. 1533. HARBOR MAINTENANCE TRUST FUND.
(a) Findings.--Congress finds that--
(1) there are 926 coastal, Great Lakes, and inland harbors
maintained by the Corps of Engineers;
(2) according to the Bureau of Transportation Statistics--
(A) in 2009, the ports and waterways of the United
States handled more than 2,200,000,000 short tons of
imports, exports, and domestic shipments; and
(B) in 2010, United States ports were responsible
for more than $1,400,000,000,000 in waterborne imports
and exports;
(3) according to the Congressional Research Service, full
channel dimensions are, on average, available approximately \1/
3\ of the time at the 59 harbors of the United States with the
highest use rates;
(4) insufficient maintenance dredging of the navigation
channels of the United States results in inefficient water
transportation and causes harmful economic consequences;
(5) in 1986, Congress created the Harbor Maintenance Trust
Fund to provide funds for the operation and maintenance of the
navigation channels of the United States;
(6) in fiscal year 2012, the Harbor Maintenance Trust Fund
is expected to grow from $6,280,000,000 to $7,011,000,000, an
increase of approximately 13 percent;
(7) despite the growth of the Harbor Maintenance Trust
Fund, expenditures from the Fund have not equaled revenues, and
the Fund is not being fully used for the intended purpose of
the Fund; and
(8) inadequate investment in dredging needs is restricting
access to the ports of the United States for domestic shipping,
imports, and exports and therefore threatening the economic
competitiveness of the United States.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the Administration should request full use of the
Harbor Maintenance Trust Fund for operating and maintaining the
navigation channels of the United States;
(2) the amounts in the Harbor Maintenance Trust Fund should
be fully expended to operate and maintain the navigation
channels of the United States; and
(3) Congress should ensure that other programs, projects,
and activities of the Civil Works Program of the Corps of
Engineers, especially those programs, projects, and activities
relating to inland navigation and flood control, are not
adversely impacted.
SEC. 1534. ENRICHMENT TECHNOLOGY AND INTELLECTUAL PROPERTY.
(a) In addition to any other transfer authority, the Secretary may
transfer, not earlier than thirty days after certification to the
Committees on Appropriations of the House of Representatives and the
Senate that such transfer is needed for national security reasons, and
after Congressional notification and approval of the Committees on
Appropriations of the House of Representatives and the Senate, up to
$150,000,000 made available in prior Appropriations Acts to further the
development and demonstration of national security-related enrichment
technologies. No amounts may be transferred under this section from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
(b) The Secretary shall provide, directly or indirectly, Federal
funds, resources, or other benefit for the research, development, or
deployment of domestic enrichment technology under this section--
(1) using merit selection procedures; and
(2) only if the Secretary shall execute an agreement with
the recipient (or any affiliate, successor, or assignee) of
such funds, resources, or other benefit (hereinafter referred
to as the ``recipient''), which shall require, at a minimum--
(A) the achievement of specific technical criteria
by the recipient by specific dates no later than June
30, 2014;
(B) that the recipient shall--
(i) immediately upon execution of the
agreement, grant to the United States for use
by or on behalf of the United States, through
the Secretary, a royalty-free, non-exclusive
license in all enrichment-related intellectual
property and associated technical data owned,
licensed or otherwise controlled by the
recipient as of the date of enactment of this
Act, or thereafter developed or acquired to
meet the requirements of the agreement;
(ii) amend any existing agreement between
the Secretary and the recipient to permit the
Secretary to practice or permit third parties
on behalf of the Secretary to practice
intellectual property and associated technical
data related to the award of funds, resources,
or other benefit royalty-free for government
purposes, including completing or operating
enrichment technologies and using them for
national defense purposes, such as providing
nuclear material to operate commercial nuclear
power reactors for tritium production; and
(iii) as soon as practicable, deliver to
the Secretary all technical information and
other documentation in its possession or
control necessary to permit the Secretary to
use and practice all intellectual property
related to domestic enrichment technologies;
and
(C) any other condition or restriction the
Secretary determines is necessary to protect the
interests of the United States.
(c) If the Secretary determines that a recipient has not achieved
the technical criteria under the agreement pursuant to subsection (b),
either by the dates specified in the original agreement or by June 30,
2014, whichever is earlier, the recipient shall, as soon as
practicable, surrender custody, possession and control, or return, as
appropriate, any real or personal property owned or leased by the
recipient, to the Secretary in connection with the deployment of
enrichment technology, along with all capital improvements, equipment,
fixtures, appurtenances, and other improvements thereto, and any
further obligation by the Secretary under any such lease shall
terminate.
(d)(1) The limitations in this section shall apply to funds made
available in this Act, prior Appropriations Acts, and any future
Appropriations Acts.
(2) This section shall not apply with regard to the
issuance of any loan guarantee pursuant to section 1703 of the
Energy Policy Act of 2005 (42 U.S.C. 16513).
(e) For purpose of this section, the term ``Secretary'' shall mean
the Secretary of the Department of Energy.
SEC. 1535. SENSE OF SENATE CONCERNING EXPEDITIOUS COMPLETION OF
ENVIRONMENTAL REVIEWS, APPROVALS, LICENSING, AND PERMIT
REQUIREMENTS.
It is the sense of the Senate that Federal agencies should--
(1) ensure that all applicable environmental reviews,
approvals, licensing, and permit requirements under Federal law
are completed on an expeditious basis following any disaster or
emergency declared under Federal law, including--
(A) a major disaster declared by the President
under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170);
and
(B) an emergency declared by the President under
section 501 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5191); and
(2) use the shortest existing applicable process under
Federal law to complete each review, approval, licensing, and
permit requirement described in paragraph (1) following a
disaster or emergency described in that paragraph.
Subtitle F--Gulf Coast Restoration
SEC. 1601. SHORT TITLE.
This subtitle may be cited as the ``Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived Economies of the
Gulf Coast States Act of 2012''.
SEC. 1602. GULF COAST RESTORATION TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the ``Gulf Coast Restoration
Trust Fund'' (referred to in this section as the ``Trust Fund''),
consisting of such amounts as are deposited in the Trust Fund under
this subtitle or any other provision of law.
(b) Transfers.--The Secretary of the Treasury shall deposit in the
Trust Fund an amount equal to 80 percent of all administrative and
civil penalties paid by responsible parties after the date of enactment
of this Act in connection with the explosion on, and sinking of, the
mobile offshore drilling unit Deepwater Horizon pursuant to a court
order, negotiated settlement, or other instrument in accordance with
section 311 of the Federal Water Pollution Control Act (33 U.S.C.
1321).
(c) Expenditures.--Amounts in the Trust Fund, including interest
earned on advances to the Trust Fund and proceeds from investment under
subsection (d), shall--
(1) be available for expenditure, without further
appropriation, solely for the purpose and eligible activities
of this subtitle; and
(2) remain available until expended, without fiscal year
limitation.
(d) Investment.--Amounts in the Trust Fund shall be invested in
accordance with section 9702 of title 31, United States Code, and any
interest on, and proceeds from, any such investment shall be available
for expenditure in accordance with this subtitle and the amendments
made by this subtitle.
(e) Administration.--Not later than 180 days after the date of
enactment of this Act, after providing notice and an opportunity for
public comment, the Secretary of the Treasury, in consultation with the
Secretary of the Interior and the Secretary of Commerce, shall
establish such procedures as the Secretary determines to be necessary
to deposit amounts in, and expend amounts from, the Trust Fund pursuant
to this subtitle, including--
(1) procedures to assess whether the programs and
activities carried out under this subtitle and the amendments
made by this subtitle achieve compliance with applicable
requirements, including procedures by which the Secretary of
the Treasury may determine whether an expenditure by a Gulf
Coast State or coastal political subdivision (as those terms
are defined in section 311 of the Federal Water Pollution
Control Act (33 U.S.C. 1321)) pursuant to such a program or
activity achieves compliance;
(2) auditing requirements to ensure that amounts in the
Trust Fund are expended as intended; and
(3) procedures for identification and allocation of funds
available to the Secretary under other provisions of law that
may be necessary to pay the administrative expenses directly
attributable to the management of the Trust Fund.
SEC. 1603. GULF COAST NATURAL RESOURCES RESTORATION AND ECONOMIC
RECOVERY.
Section 311 of the Federal Water Pollution Control Act (33 U.S.C.
1321) is amended--
(1) in subsection (a)--
(A) in paragraph (25)(B), by striking ``and'' at
the end;
(B) in paragraph (26)(D), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(27) the term `Chairperson' means the Chairperson of the
Council;
``(28) the term `coastal political subdivision' means any
local political jurisdiction that is immediately below the
State level of government, including a county, parish, or
borough, with a coastline that is contiguous with any portion
of the United States Gulf of Mexico;
``(29) the term `Comprehensive Plan' means the
comprehensive plan developed by the Council pursuant to
subsection (t);
``(30) the term `Council' means the Gulf Coast Ecosystem
Restoration Council established pursuant to subsection (t);
``(31) the term `Deepwater Horizon oil spill' means the
blowout and explosion of the mobile offshore drilling unit
Deepwater Horizon that occurred on April 20, 2010, and
resulting hydrocarbon releases into the environment;
``(32) the term `Gulf Coast ecosystem' means--
``(A) in the Gulf Coast States, the coastal zones
(as that term is defined in section 304 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1453), except
that, in this section, the term `coastal zones'
includes land within the coastal zones that is held in
trust by, or the use of which is by law subject solely
to the discretion of, the Federal Government or
officers or agents of the Federal Government) that
border the Gulf of Mexico;
``(B) any adjacent land, water, and watersheds,
that are within 25 miles of the coastal zones described
in subparagraph (A) of the Gulf Coast States; and
``(C) all Federal waters in the Gulf of Mexico;
``(33) the term `Gulf Coast State' means any of the States
of Alabama, Florida, Louisiana, Mississippi, and Texas; and
``(34) the term `Trust Fund' means the Gulf Coast
Restoration Trust Fund established pursuant to section 1602 of
the Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012.'';
(2) in subsection (s), by inserting ``except as provided in
subsection (t)'' before the period at the end; and
(3) by adding at the end the following:
``(t) Gulf Coast Restoration and Recovery.--
``(1) State allocation and expenditures.--
``(A) In general.--Of the total amounts made
available in any fiscal year from the Trust Fund, 35
percent shall be available, in accordance with the
requirements of this section, to the Gulf Coast States
in equal shares for expenditure for ecological and
economic restoration of the Gulf Coast ecosystem in
accordance with this subsection.
``(B) Use of funds.--
``(i) Eligible activities.--Amounts
provided to the Gulf States under this
subsection may only be used to carry out 1 or
more of the following activities:
``(I) Coastal restoration projects
and activities, including conservation
and coastal land acquisition.
``(II) Mitigation of damage to, and
restoration of, fish, wildlife, or
natural resources.
``(III) Implementation of a
federally approved marine, coastal, or
comprehensive conservation management
plan, including fisheries monitoring.
``(IV) Programs to promote tourism
in a Gulf Coast State, including
recreational fishing.
``(V) Programs to promote the
consumption of seafood produced from
the Gulf Coast ecosystem.
``(VI) Programs to promote
education regarding the natural
resources of the Gulf Coast ecosystem.
``(VII) Planning assistance.
``(VIII) Workforce development and
job creation.
``(IX) Improvements to or upon
State parks located in coastal areas
affected by the Deepwater Horizon oil
spill.
``(X) Mitigation of the ecological
and economic impact of outer
Continental Shelf activities and the
impacts of the Deepwater Horizon oil
spill or promotion of the long-term
ecological or economic recovery of the
Gulf Coast ecosystem through the
funding of infrastructure projects.
``(XI) Coastal flood protection and
infrastructure directly affected by
coastal wetland losses, beach erosion,
or the impacts of the Deepwater Horizon
oil spill.
``(XII) Administrative costs of
complying with this subsection.
``(ii) Limitation.--
``(I) In general.--Of the amounts
received by a Gulf State under this
subsection not more than 3 percent may
be used for administrative costs
eligible under clause (i)(XII).
``(II) Prohibition on use for
imported seafood.--None of the funds
made available under this subsection
shall be used for any program to
support or promote imported seafood or
any seafood product that is not
harvested from the Gulf Coast
ecosystem.
``(C) Coastal political subdivisions.--
``(i) In general.--In the case of a State
where the coastal zone includes the entire
State--
``(I) 75 percent of funding shall
be provided to the 8 disproportionally
affected counties impacted by the
Deepwater Horizon Oil Spill; and
``(II) 25 percent shall be provided
to nondisproportionately impacted
counties within the State.
``(ii) Florida.--
``(I) Disproportionally affected
counties.--Of the total amounts made
available to counties in the State of
Florida under clause (i)(I)--
``(aa) 10 percent shall be
distributed equally among the 8
disproportionately affected
counties; and
``(bb) 90 percent shall be
distributed to the 8
disproportionately affected
counties in accordance with the
following weighted formula:
``(AA) 30 percent
based on the weighted
average of the county
shoreline oiled.
``(BB) 30 percent
based on the weighted
average of the county
per capita sales tax
collections estimated
for the fiscal year
ending September 30,
2012.
``(CC) 20 percent
based on the weighted
average of the
population of the
county.
``(DD) 20 percent
based on the inverse
proportion of the
weighted average
distance from the
Deepwater Horizon oil
rig to each of the
nearest and farthest
points of the
shoreline.
``(II) Nondisproportionately
impacted counties.--The total amounts
made available to coastal political
subdivisions in the State of Florida
under clause (i)(II) shall be
distributed according to the following
weighted formula:
``(aa) 34 percent based on
the weighted average of the
population of the county.
``(bb) 33 percent based on
the weighted average of the
county per capita sales tax
collections estimated for the
fiscal year ending September
30, 2012.
``(cc) 33 percent based on
the inverse proportion of the
weighted average distance from
the Deepwater Horizon oil rig
to each of the nearest and
farthest points of the
shoreline.
``(iii) Louisiana.--Of the total amounts
made available to the State of Louisiana under
this paragraph:
``(I) 70 percent shall be provided
directly to the State in accordance
with this subsection.
``(II) 30 percent shall be provided
directly to parishes in the coastal
zone (as defined in section 304 of the
Coastal Zone Management Act of 1972 (16
U.S.C. 1453)) of the State of Louisiana
according to the following weighted
formula:
``(aa) 40 percent based on
the weighted average of miles
of the parish shoreline oiled.
``(bb) 40 percent based on
the weighted average of the
population of the parish.
``(cc) 20 percent based on
the weighted average of the
land mass of the parish.
``(iv) Conditions.--
``(I) Land use plan.--As a
condition of receiving amounts
allocated under clause (iii), the chief
executive of the eligible parish shall
certify to the Governor of the State
that the parish has completed a
comprehensive land use plan.
``(II) Other conditions.--A coastal
political subdivision receiving funding
under this subsection shall meet all of
the conditions in subparagraph (D).
``(D) Conditions.--As a condition of receiving
amounts from the Trust Fund, a Gulf Coast State,
including the entities described in subparagraph (E),
or a coastal political subdivision shall--
``(i) agree to meet such conditions,
including audit requirements, as the Secretary
of the Treasury determines necessary to ensure
that amounts disbursed from the Trust Fund will
be used in accordance with this subsection;
``(ii) certify in such form and in such
manner as the Secretary of the Treasury
determines necessary that the project or
program for which the Gulf Coast State or
coastal political subdivision is requesting
amounts--
``(I) is designed to restore and
protect the natural resources,
ecosystems, fisheries, marine and
wildlife habitats, beaches, coastal
wetlands, or economy of the Gulf Coast;
``(II) carries out 1 or more of the
activities described in subparagraph
(B)(i);
``(III) was selected based on
meaningful input from the public,
including broad-based participation
from individuals, businesses, and
nonprofit organizations; and
``(IV) in the case of a natural
resource protection or restoration
project, is based on the best available
science;
``(iii) certify that the project or program
and the awarding of a contract for the
expenditure of amounts received under this
subsection are consistent with the standard
procurement rules and regulations governing a
comparable project or program in that State,
including all applicable competitive bidding
and audit requirements; and
``(iv) develop and submit a multiyear
implementation plan for use of those funds.
``(E) Approval by state entity, task force, or
agency.--The following Gulf Coast State entities, task
forces, or agencies shall carry out the duties of a
Gulf Coast State pursuant to this paragraph:
``(i) Alabama.--
``(I) In general.--In the State of
Alabama, the Alabama Gulf Coast
Recovery Council, which shall be
comprised of only the following:
``(aa) The Governor of
Alabama, who shall also serve
as Chairperson and preside over
the meetings of the Alabama
Gulf Coast Recovery Council.
``(bb) The Director of the
Alabama State Port Authority,
who shall also serve as Vice
Chairperson and preside over
the meetings of the Alabama
Gulf Coast Recovery Council in
the absence of the Chairperson.
``(cc) The Chairman of the
Baldwin County Commission.
``(dd) The President of the
Mobile County Commission.
``(ee) The Mayor of the
city of Bayou La Batre.
``(ff) The Mayor of the
town of Dauphin Island.
``(gg) The Mayor of the
city of Fairhope.
``(hh) The Mayor of the
city of Gulf Shores.
``(ii) The Mayor of the
city of Mobile.
``(jj) The Mayor of the
city of Orange Beach.
``(II) Vote.--Each member of the
Alabama Gulf Coast Recovery Council
shall be entitled to 1 vote.
``(III) Majority vote.--All
decisions of the Alabama Gulf Coast
Recovery Council shall be made by
majority vote.
``(ii) Louisiana.--In the State of
Louisiana, the Coastal Protection and
Restoration Authority of Louisiana.
``(iii) Mississippi.--In the State of
Mississippi, the Mississippi Department of
Environmental Quality.
``(F) Compliance with eligible activities.--If the
Secretary of the Treasury determines that an
expenditure by a Gulf Coast State or coastal political
subdivision of amounts made available under this
subsection does not meet 1 of the activities described
in subparagraph (B)(i), the Secretary shall make no
additional amounts from the Trust Fund available to
that Gulf Coast State or coastal political subdivision
until such time as an amount equal to the amount
expended for the unauthorized use--
``(i) has been deposited by the Gulf Coast
State or coastal political subdivision in the
Trust Fund; or
``(ii) has been authorized by the Secretary
of the Treasury for expenditure by the Gulf
Coast State or coastal political subdivision
for a project or program that meets the
requirements of this subsection.
``(G) Compliance with conditions.--If the Secretary
of the Treasury determines that a Gulf Coast State or
coastal political subdivision does not meet the
requirements of this subsection, including the
conditions of subparagraph (D), where applicable, the
Secretary of the Treasury shall make no amounts from
the Trust Fund available to that Gulf Coast State or
coastal political subdivision until all conditions of
this subsection are met.
``(H) Public input.--In meeting any condition of
this subsection, a Gulf Coast State may use an
appropriate procedure for public consultation in that
Gulf Coast State, including consulting with 1 or more
established task forces or other entities, to develop
recommendations for proposed projects and programs that
would restore and protect the natural resources,
ecosystems, fisheries, marine and wildlife habitats,
beaches, coastal wetlands, and economy of the Gulf
Coast.
``(I) Previously approved projects and programs.--A
Gulf Coast State or coastal political subdivision shall
be considered to have met the conditions of
subparagraph (D) for a specific project or program if,
before the date of enactment of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and
Revived Economies of the Gulf Coast States Act of
2012--
``(i) the Gulf Coast State or coastal
political subdivision has established
conditions for carrying out projects and
programs that are substantively the same as the
conditions described in subparagraph (D); and
``(ii) the applicable project or program
carries out 1 or more of the activities
described in subparagraph (B)(ii).
``(J) Consultation with council.--In carrying out
this subsection, each Gulf Coast State shall seek the
input of the Chairperson of the Council to identify
large-scale projects that may be jointly supported by
that Gulf Coast State and by the Council pursuant to
the Comprehensive Plan with amounts provided under this
subsection.
``(K) Non-federal matching funds.--
``(i) In general.--A Gulf Coast State or
coastal political subdivision may use, in whole
or in part, amounts made available to that Gulf
Coast State from the Trust Fund to satisfy the
non-Federal share of the cost of any project or
program authorized by Federal law that meets
the eligible use requirements under
subparagraph (B)(i).
``(ii) Effect on other funds.--The use of
funds made available from the Trust Fund to
satisfy the non-Federal share of the cost of a
project or program that meets the requirements
of clause (i) shall not affect the priority in
which other Federal funds are allocated or
awarded.
``(L) Local preference.--In awarding contracts to
carry out a project or program under this subsection, a
Gulf Coast State or coastal political subdivision may
give a preference to individuals and companies that
reside in, are headquartered in, or are principally
engaged in business in, a Gulf Coast State.
``(M) Unused funds.--Any Funds not identified in an
implementation plan by a State or coastal political
subdivision in accordance with subparagraph (D)(iv)
shall remain in the Trust Fund until such time as the
State or coastal political subdivision to which the
funds have been allocated develops and submits a plan
identifying uses for those funds in accordance with
subparagraph (D)(iv).
``(N) Judicial review.--If the Secretary of the
Treasury determines that a Gulf Coast State or coastal
political subdivision does not meet the requirements of
this subsection, including the conditions of
subparagraph (D), the Gulf Coast State or coastal
political subdivision may obtain expedited judicial
review within 90 days of that decision in a district
court of the United States, of appropriate jurisdiction
and venue, that is located within the State seeking
such review.
``(2) Council establishment and allocation.--
``(A) In general.--Of the total amount made
available in any fiscal year from the Trust Fund, 60
percent shall be disbursed to the Council to carry out
the Comprehensive Plan.
``(B) Council expenditures.--
``(i) In general.--In accordance with this
paragraph, the Council shall expend funds made
available from the Trust Fund to undertake
projects and programs that would restore and
protect the natural resources, ecosystems,
fisheries, marine and wildlife habitats,
beaches, coastal wetlands, and economy of the
Gulf Coast.
``(ii) Allocation and expenditure
procedures.--The Secretary of the Treasury
shall develop such conditions, including audit
requirements, as the Secretary of the Treasury
determines necessary to ensure that amounts
disbursed from the Trust Fund to the Council to
implement the Comprehensive Plan will be used
in accordance with this paragraph.
``(iii) Administrative expenses.--Of the
amounts received by the Council under this
subsection, not more than 3 percent may be used
for administrative expenses, including staff.
``(C) Gulf coast ecosystem restoration council.--
``(i) Establishment.--There is established
as an independent entity in the Federal
Government a council to be known as the `Gulf
Coast Ecosystem Restoration Council'.
``(ii) Membership.--The Council shall
consist of the following members, or in the
case of a Federal agency, a designee at the
level of the Assistant Secretary or the
equivalent:
``(I) The Chair of the Council on
Environmental Quality.
``(II) The Secretary of the
Interior.
``(III) The Secretary of the Army.
``(IV) The Secretary of Commerce.
``(V) The Administrator of the
Environmental Protection Agency.
``(VI) The Secretary of
Agriculture.
``(VII) The head of the department
in which the Coast Guard is operating.
``(VIII) The Governor of the State
of Alabama.
``(IX) The Governor of the State of
Florida.
``(X) The Governor of the State of
Louisiana.
``(XI) The Governor of the State of
Mississippi.
``(XII) The Governor of the State
of Texas.
``(iii) Alternate.--A Governor appointed to
the Council by the President may designate an
alternate to represent the Governor on the
Council and vote on behalf of the Governor.
``(iv) Chairperson.--From among the Federal
agency members of the Council, the
representatives of States on the Council shall
select, and the President shall appoint, 1
Federal member to serve as Chairperson of the
Council.
``(v) Presidential appointment.--All
Council members shall be appointed by the
President.
``(vi) Council actions.--
``(I) In general.--Subject to
subclause (IV), significant actions by
the Council shall require the
affirmative vote of the Federal
Chairperson and a majority of the State
members to be effective.
``(II) Inclusions.--Significant
actions include but are not limited
to--
``(aa) approval of a
Comprehensive Plan and future
revisions to a Comprehensive
Plan;
``(bb) approval of State
plans pursuant to paragraph
(3)(B)(iv); and
``(cc) approval of reports
to Congress pursuant to clause
(vii)(X).
``(III) Quorum.--A quorum of State
members shall be required to be present
for the Council to take any significant
action.
``(IV) Affirmative vote requirement
deemed met.--For approval of State
plans pursuant to paragraph (3)(B)(iv),
the certification by a State member of
the Council that the plan satisfies all
requirements of clauses (i) and (ii) of
paragraphs (3)(B), when joined by an
affirmative vote of the Federal
Chairperson of the Council, is deemed
to satisfy the requirements for
affirmative votes under subclause (I).
``(V) Public transparency.--
Appropriate actions of the Council,
including votes on significant actions
and associated deliberations, shall be
made available to the public.
``(vii) Duties of council.--The Council
shall--
``(I) develop the Comprehensive
Plan, and future revisions to the
Comprehensive Plan;
``(II) identify as soon as
practicable the projects that--
``(aa) have been authorized
prior to the date of enactment
of this subsection but not yet
commenced; and
``(bb) if implemented
quickly, would restore and
protect the natural resources,
ecosystems, fisheries, marine
and wildlife habitats, beaches,
barrier islands, dunes, and
coastal wetlands of the Gulf
Coast ecosystem;
``(III) coordinate the development
of consistent policies, strategies,
plans, and activities by Federal
agencies, State and local governments,
and private sector entities for
addressing the restoration and
protection of the Gulf Coast ecosystem;
``(IV) establish such other
advisory committee or committees as may
be necessary to assist the Council,
including a scientific advisory
committee and a committee to advise the
Council on public policy issues;
``(V) coordinate scientific and
other research associated with
restoration of the Gulf Coast
ecosystem, including research,
observation, and monitoring carried out
pursuant to section 1604 of the
Resources and Ecosystems
Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast
States Act of 2012;
``(VI) seek to ensure that all
policies, strategies, plans, and
activities for addressing the
restoration of the Gulf Coast ecosystem
are based on the best available
physical, ecological, and economic
data;
``(VII) make recommendations to
address the particular needs of
especially economically and socially
vulnerable populations;
``(VIII) develop standard terms to
include in contracts for projects and
programs awarded pursuant to the
Comprehensive Plan that provide a
preference to individuals and companies
that reside in, are headquartered in,
or are principally engaged in business
in, a Gulf Coast State;
``(IX) prepare an integrated
financial plan and recommendations for
coordinated budget requests for the
amounts proposed to be expended by the
Federal agencies represented on the
Council for projects and programs in
the Gulf Coast States;
``(X) submit to Congress an annual
report that--
``(aa) summarizes the
policies, strategies, plans,
and activities for addressing
the restoration and protection
of the Gulf Coast ecosystem;
``(bb) describes the
projects and programs being
implemented to restore and
protect the Gulf Coast
ecosystem; and
``(cc) makes such
recommendations to Congress for
modifications of existing laws
as the Council determines
necessary to implement the
Comprehensive Plan; and
``(XI) submit to Congress a final
report on the date on which all funds
made available to the Council are
expended.
``(viii) Application of federal advisory
committee act.--The Council, or any other
advisory committee established under this
subsection, shall not be considered an advisory
committee under the Federal Advisory Committee
Act (5 U.S.C. App.).
``(D) Comprehensive plan.--
``(i) Proposed plan.--
``(I) In general.--Not later than
180 days after the date of enactment of
the Resources and Ecosystems
Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast
States Act of 2012, the Chairperson, on
behalf of the Council, shall publish a
proposed plan to restore and protect
the natural resources, ecosystems,
fisheries, marine and wildlife
habitats, beaches, and coastal wetlands
of the Gulf Coast ecosystem.
``(II) Contents.--The proposed plan
described in subclause (I) shall
include and incorporate the findings
and information prepared by the
President's Gulf Coast Restoration Task
Force.
``(ii) Publication.--
``(I) Initial plan.--Not later than
1 year after date of enactment of the
Resources and Ecosystems
Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast
States Act of 2012 and after notice and
opportunity for public comment, the
Chairperson, on behalf of the Council
and after approval by the Council,
shall publish in the Federal Register
the initial Comprehensive Plan to
restore and protect the natural
resources, ecosystems, fisheries,
marine and wildlife habitats, beaches,
and coastal wetlands of the Gulf Coast
ecosystem.
``(II) Cooperation with gulf coast
restoration task force.--The Council
shall develop the initial Comprehensive
Plan in close coordination with the
President's Gulf Coast Restoration Task
Force.
``(III) Considerations.--In
developing the initial Comprehensive
Plan and subsequent updates, the
Council shall consider all relevant
findings, reports, or research prepared
or funded by a center of excellence or
the Gulf Fisheries and Ecosystem
Endowment established pursuant to the
Gulf Coast Ecosystem Restoration
Science, Monitoring, and Technology
Program under section 1604 of the
Resources and Ecosystems
Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast
States Act of 2012.
``(IV) Contents.--The initial
Comprehensive Plan shall include--
``(aa) such provisions as
are necessary to fully
incorporate in the
Comprehensive Plan the
strategy, projects, and
programs recommended by the
President's Gulf Coast
Restoration Task Force;
``(bb) a list of any
project or program authorized
prior to the date of enactment
of this subsection but not yet
commenced, the completion of
which would further the
purposes and goals of this
subsection and of the Resources
and Ecosystems Sustainability,
Tourist Opportunities, and
Revived Economies of the Gulf
Coast States Act of 2012;
``(cc) a description of the
manner in which amounts from
the Trust Fund projected to be
made available to the Council
for the succeeding 10 years
will be allocated; and
``(dd) subject to available
funding in accordance with
clause (iii), a prioritized
list of specific projects and
programs to be funded and
carried out during the 3-year
period immediately following
the date of publication of the
initial Comprehensive Plan,
including a table that
illustrates the distribution of
projects and programs by Gulf
Coast State.
``(V) Plan updates.--The Council
shall update--
``(aa) the Comprehensive
Plan every 5 years in a manner
comparable to the manner
established in this subsection
for each 5-year period for
which amounts are expected to
be made available to the Gulf
Coast States from the Trust
Fund; and
``(bb) the 3-year list of
projects and programs described
in subclause (IV)(dd) annually.
``(iii) Restoration priorities.--Except for
projects and programs described in subclause
(IV)(bb), in selecting projects and programs to
include on the 3-year list described in
subclause (IV)(dd), based on the best available
science, the Council shall give highest
priority to projects that address 1 or more of
the following criteria:
``(I) Projects that are projected
to make the greatest contribution to
restoring and protecting the natural
resources, ecosystems, fisheries,
marine and wildlife habitats, beaches,
and coastal wetlands of the Gulf Coast
ecosystem, without regard to geographic
location.
``(II) Large-scale projects and
programs that are projected to
substantially contribute to restoring
and protecting the natural resources,
ecosystems, fisheries, marine and
wildlife habitats, beaches, and coastal
wetlands of the Gulf Coast ecosystem.
``(III) Projects contained in
existing Gulf Coast State comprehensive
plans for the restoration and
protection of natural resources,
ecosystems, fisheries, marine and
wildlife habitats, beaches, and coastal
wetlands of the Gulf Coast ecosystem.
``(IV) Projects that restore long-
term resiliency of the natural
resources, ecosystems, fisheries,
marine and wildlife habitats, beaches,
and coastal wetlands most impacted by
the Deepwater Horizon oil spill.
``(E) Implementation.--
``(i) In general.--The Council, acting
through the member agencies and Gulf Coast
States, shall expend funds made available from
the Trust Fund to carry out projects and
programs adopted in the Comprehensive Plan.
``(ii) Administrative responsibility.--
``(I) In general.--Primary
authority and responsibility for each
project and program included in the
Comprehensive Plan shall be assigned by
the Council to a Gulf Coast State
represented on the Council or a Federal
agency.
``(II) Transfer of amounts.--
Amounts necessary to carry out each
project or program included in the
Comprehensive Plan shall be transferred
by the Secretary of the Treasury from
the Trust Fund to that Federal agency
or Gulf Coast State as the project or
program is implemented, subject to such
conditions as the Secretary of the
Treasury, in consultation with the
Secretary of the Interior and the
Secretary of Commerce, established
pursuant to section 1602 of the
Resources and Ecosystems
Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast
States Act of 2012.
``(iii) Cost sharing.--
``(I) In general.--A Gulf Coast
State or coastal political subdivision
may use, in whole or in part, amounts
made available to that Gulf Coast State
or coastal political subdivision from
the Trust Fund to satisfy the non-
Federal share of the cost of carrying a
project or program that--
``(aa) is authorized by
other Federal law; and
``(bb) meets the criteria
of subparagraph (D).
``(II) Inclusion in comprehensive
plan.--A project or program described
in subclause (I) that meets the
criteria for inclusion in the
Comprehensive Plan described in
subparagraph (D) shall be selected and
adopted by the Council as part of the
Comprehensive Plan in the manner
described in subparagraph (D).
``(F) Coordination.--The Council and the Federal
members of the Council may develop Memorandums of
Understanding establishing integrated funding and
implementation plans among the member agencies and
authorities.
``(G) Termination.--The Council shall terminate on
the date on which the report described in subparagraph
(C)(vii)(XI) is submitted to Congress.
``(3) Oil spill restoration impact allocation.--
``(A) In general.--Except as provided in paragraph
(4), of the total amount made available to the Council
under paragraph (2) in any fiscal year from the Trust
Fund, 50 percent shall be disbursed by the Council as
follows:
``(i) Formula.--Subject to subparagraph
(B), for each Gulf Coast State, the amount
disbursed under this paragraph shall be based
on a formula established by the Council by
regulation that is based on a weighted average
of the following criteria:
``(I) 40 percent based on the
proportionate number of miles of
shoreline in each Gulf Coast State that
experienced oiling as of April 10,
2011, compared to the total number of
miles of shoreline that experienced
oiling as a result of the Deepwater
Horizon oil spill.
``(II) 40 percent based on the
inverse proportion of the average
distance from the Deepwater Horizon oil
rig to the nearest and farthest point
of the shoreline that experienced
oiling of each Gulf Coast State.
``(III) 20 percent based on the
average population in the 2010
decennial census of coastal counties
bordering the Gulf of Mexico within
each Gulf Coast State.
``(ii) Minimum allocation.--The amount
disbursed to a Gulf Coast State for each fiscal
year under clause (i) shall be at least 5
percent of the total amounts made available
under this paragraph.
``(B) Approval of projects and programs.--
``(i) In general.--The Council shall
disburse amounts to the respective Gulf Coast
States in accordance with the formula developed
under subparagraph (A) for projects, programs,
and activities that will improve the ecosystems
or economy of the Gulf Coast, subject to the
condition that each Gulf Coast State submits a
plan for the expenditure of amounts disbursed
under this paragraph which meet the following
criteria:
``(I) All projects, programs, and
activities included in that plan are
eligible activities pursuant to
paragraph (1)(B)(i).
``(II) The projects, programs, and
activities included in that plan
contribute to the overall economic and
ecological recovery of the Gulf Coast.
``(III) The plan takes into
consideration the Comprehensive Plan
and is consistent with its goals and
objectives, as described in paragraph
(2)(B)(i).
``(ii) Funding.--
``(I) In general.--Except as
provided in subclause (II), the plan
described in clause (i) may use not
more than 25 percent of the funding
made available for infrastructure
projects eligible under subclauses (X)
and (XI) of paragraph (1)(B)(i).
``(II) Exception.--The plan
described in clause (i) may propose to
use more than 25 percent of the funding
made available for infrastructure
projects eligible under subclauses (X)
and (XI) of paragraph (1)(B)(i) if the
plan certifies that--
``(aa) ecosystem
restoration needs in the State
will be addressed by the
projects in the proposed plan;
and
``(bb) additional
investment in infrastructure is
required to mitigate the
impacts of the Deepwater
Horizon Oil Spill to the
ecosystem or economy.
``(iii) Development.--The plan described in
clause (i) shall be developed by--
``(I) in the State of Alabama, the
Alabama Gulf Coast Recovery Council
established under paragraph (1)(E)(i);
``(II) in the State of Florida, a
consortia of local political
subdivisions that includes at least 1
representative of each
disproportionally affected county;
``(III) in the State of Louisiana,
the Coastal Protection and Restoration
Authority of Louisiana;
``(IV) in the State of Mississippi,
the Office of the Governor or an
appointee of the Office of the
Governor; and
``(V) in the State of Texas, the
Office of the Governor or an appointee
of the Office of the Governor.
``(iv) Approval.--Not later than 60 days
after the date on which a plan is submitted
under clause (i), the Council shall approve or
disapprove the plan based on the conditions of
clause (i).
``(C) Disapproval.--If the Council disapproves a
plan pursuant to subparagraph (B)(iv), the Council
shall--
``(i) provide the reasons for disapproval
in writing; and
``(ii) consult with the State to address
any identified deficiencies with the State
plan.
``(D) Failure to submit adequate plan.--If a State
fails to submit an adequate plan under this subsection,
any funds made available under this subsection shall
remain in the Trust Fund until such date as a plan is
submitted and approved pursuant to this subsection.
``(E) Judicial review.--If the Council fails to
approve or take action within 60 days on a plan
described in subparagraph (B)(iv), the State may obtain
expedited judicial review within 90 days of that
decision in a district court of the United States, of
appropriate jurisdiction and venue, that is located
within the State seeking such review.
``(4) Authorization of interest transfers.--
``(A) In general.--Of the total amount made
available in any fiscal year from the Trust Fund, an
amount equal to the interest earned by the Trust Fund
and proceeds from investments made by the Trust Fund in
the preceding fiscal year--
``(i) 50 percent shall be transferred to
the National Endowment for Oceans in
subparagraph (B); and
``(ii) 50 percent shall be transferred to
the Gulf of Mexico Research Endowment in
subparagraph (C).
``(B) National endowment for the oceans.--
``(i) Establishment.--
``(I) In general.--There is
established in the Treasury of the
United States a trust fund to be known
as the `National Endowment for the
Oceans', consisting of such amounts as
may be appropriated or credited to the
National Endowment for the Oceans.
``(II) Investment.--Amounts in the
National Endowment for the Oceans shall
be invested in accordance with section
9602 of the Internal Revenue Code of
1986, and any interest on, and proceeds
from, any such investment shall be
available for expenditure in accordance
with this subparagraph.
``(ii) Trustee.--The trustee for the
National Endowment for the Oceans shall be the
Secretary of Commerce.
``(iii) Allocation of funds.--
``(I) In general.--Each fiscal
year, the Secretary shall allocate, at
a minimum, an amount equal to the
interest earned by the National
Endowment for the Oceans in the
preceding fiscal year, and may
distribute an amount equal to up to 10
percent of the total amounts in the
National Endowment for the Oceans--
``(aa) to allocate funding
to coastal states (as defined
in section 304 of the Marine
Resources and Engineering
Development Act of 1966 (16
U.S.C. 1453)) and affected
Indian tribes;
``(bb) to make grants to
regional ocean and coastal
planning bodies; and
``(cc) to develop and
implement a National Grant
Program for Oceans and Coastal
Waters.
``(II) Program adjustments.--Each
fiscal year where the amount described
in subparagraph (A)(i) does not exceed
$100,000,000, the Secretary may elect
to fund only the grant program
established in subclause (I)(cc).
``(iv) Eligible activities.--Funds
deposited in the National Endowment for the
Oceans may be allocated by the Secretary only
to fund grants for programs and activities
intended to restore, protect, maintain, or
understand living marine resources and their
habitats and resources in ocean and coastal
waters (as defined in section 304 of the Marine
Resources and Engineering Development Act of
1966 (16 U.S.C. 1453)), including baseline
scientific research, ocean observing, and other
programs and activities carried out in
coordination with Federal and State departments
or agencies, that are consistent with Federal
environmental laws and that avoid environmental
degradation.
``(v) Application.--To be eligible to
receive a grant under clause (iii)(I), an
entity shall submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary
determines to be appropriate.
``(vi) Funding for coastal states.--The
Secretary shall allocate funding among States
as follows:
``(I) 50 percent of the funds shall
be allocated equally among coastal
States.
``(II) 25 percent of the funds
shall be allocated based on tidal
shoreline miles.
``(III) 25 percent of the funds
shall be allocated based on the coastal
population density of a coastal State.
``(IV) No State shall be allocated
more than 10 percent of the total
amount of funds available for
allocation among coastal States for any
fiscal year.
``(V) No territory shall be
allocated more than 1 percent of the
total amount of funds available for
allocation among coastal States for any
fiscal year.
``(C) Gulf of mexico research endowment.--
``(i) In general.--There is established in
the Treasury of the United States a trust fund
to be known as the `Gulf of Mexico Research
Endowment', to be administered by the Secretary
of Commerce, solely for use in providing long-
term funding in accordance with section 1604 of
the Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies of
the Gulf Coast States Act of 2012.
``(ii) Investment.--Amounts in the Gulf of
Mexico Research Endowment shall be invested in
accordance with section 9602 of the Internal
Revenue Code of 1986, and, after adjustment for
inflation so as to maintain the value of the
principal, any interest on, and proceeds from,
any such investment shall be available for
expenditure and shall be allocated in equal
portions to the Gulf Coast Ecosystem
Restoration Science, Monitoring, and Technology
Program and Fisheries Endowment established in
section 1604 of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and
Revived Economies of the Gulf Coast States Act
of 2012.''.
SEC. 1604. GULF COAST ECOSYSTEM RESTORATION SCIENCE, OBSERVATION,
MONITORING, AND TECHNOLOGY PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Fisheries and ecosystem endowment.--The term
``Fisheries and Ecosystem Endowment'' means the endowment
established by subsection (d).
(3) Program.--The term ``Program'' means the Gulf Coast
Ecosystem Restoration Science, Observation, Monitoring, and
Technology Program established by subsection (b).
(b) Establishment of Program.--There is established within the
National Oceanic and Atmospheric Administration a program to be known
as the ``Gulf Coast Ecosystem Restoration Science, Observation,
Monitoring, and Technology Program'', to be carried out by the
Administrator.
(c) Centers of Excellence.--
(1) In general.--In carrying out the Program, the
Administrator, in consultation with other Federal agencies with
expertise in the discipline of a center of excellence, shall
make grants in accordance with paragraph (2) to establish and
operate 5 centers of excellence, 1 of which shall be located in
each of the States of Alabama, Florida, Louisiana, Mississippi,
and Texas.
(2) Grants.--
(A) In general.--The Administrator shall use the
amounts made available to carry out this section to
award competitive grants to nongovernmental entities
and consortia in the Gulf Coast region (including
public and private institutions of higher education)
for the establishment of centers of excellence as
described in paragraph (1).
(B) Application.--To be eligible to receive a grant
under this paragraph, an entity or consortium described
in subparagraph (A) shall submit to the Administrator
an application at such time, in such manner, and
containing such information as the Administrator
determines to be appropriate.
(C) Priority.--In awarding grants under this
paragraph, the Administrator shall give priority to
entities and consortia that demonstrate the ability to
establish the broadest cross-section of participants
with interest and expertise in any discipline described
in paragraph (3) on which the proposal of the center of
excellence will be focused.
(3) Disciplines.--Each center of excellence shall focus on
science, technology, and monitoring in at least 1 of the
following disciplines:
(A) Coastal and deltaic sustainability, restoration
and protection; including solutions and technology that
allow citizens to live safely and sustainably in a
coastal delta.
(B) Coastal fisheries and wildlife ecosystem
research and monitoring.
(C) Offshore energy development, including research
and technology to improve the sustainable and safe
development of energy resources.
(D) Sustainable and resilient growth, economic and
commercial development in the Gulf Coast.
(E) Comprehensive observation, monitoring, and
mapping of the Gulf of Mexico.
(4) Coordination with other programs.--The Administrator
shall develop a plan for the coordination of projects and
activities between the Program and other existing Federal and
State science and technology programs in the States of Alabama,
Florida, Louisiana, Mississippi, and Texas, as well as between
the centers of excellence.
(d) Establishment of Fisheries and Ecosystem Endowment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Council shall establish a fishery
and ecosystem endowment to ensure, to the maximum extent
practicable, the long-term sustainability of the ecosystem,
fish stocks, fish habitat and the recreational, commercial, and
charter fishing industry in the Gulf of Mexico.
(2) Expenditure of funds.--For each fiscal year, amounts
made available to carry out this subsection may be expended
for, with respect to the Gulf of Mexico--
(A) marine and estuarine research;
(B) marine and estuarine ecosystem monitoring and
ocean observation;
(C) data collection and stock assessments;
(D) pilot programs for--
(i) fishery independent data; and
(ii) reduction of exploitation of spawning
aggregations; and
(E) cooperative research.
(3) Administration and implementation.--The Fisheries and
Ecosystem Endowment shall be administered by the Administrator
of the National Oceanic and Atmospheric Administration, in
consultation with the Director of the United States Fish and
Wildlife Service, with guidance provided by the Regional Gulf
of Mexico Fishery Management Council.
(4) Species included.--The Fisheries and Ecosystem
Endowment will include all marine, estuarine, aquaculture, and
fish and wildlife species in State and Federal waters of the
Gulf of Mexico.
(5) Research priorities.--In distributing funding under
this subsection, priority shall be given to integrated, long-
term projects that--
(A) build on, or are coordinated with, related
research activities; and
(B) address current or anticipated marine
ecosystem, fishery, or wildlife management information
needs.
(6) Duplication and coordination.--In carrying out this
subsection, the Administrator shall seek to avoid duplication
of other research and monitoring activities and coordinate with
existing research and monitoring programs, including the
Integrated Coastal and Ocean Observation System Act of 2009 (33
U.S.C. 3601 et seq.).
(e) Funding.--
(1) In general.--Except as provided in subsection (t)(4) of
section 311 of the Federal Water Pollution Control Act (33
U.S.C. 1321), of the total amount made available for each
fiscal year for the Gulf Coast Restoration Trust Fund
established under section 1602, 5 percent shall be allocated in
equal portions to the Program and Fisheries and Ecosystem
Endowment established by this section.
(2) Administrative expenses.--Of the amounts received by
the National Oceanic and Atmospheric Administration to carry
out this section, not more than 3 percent may be used for
administrative expenses.
SEC. 1605. EFFECT.
(a) In General.--Nothing in this subtitle or any amendment made by
this subtitle--
(1) supersedes or otherwise affects any provision of
Federal law, including, in particular, laws providing recovery
for injury to natural resources under the Oil Pollution Act of
1990 (33 U.S.C. 2701 et seq.) and laws for the protection of
public health and the environment; or
(2) applies to any fine collected under section 311 of the
Federal Water Pollution Control Act (33 U.S.C. 1321) for any
incident other than the Deepwater Horizon oil spill.
(b) Use of Funds.--Funds made available under this subtitle may be
used only for eligible activities specifically authorized by this
subtitle.
Subtitle G--Land and Water Conservation Fund
SEC. 1701. LAND AND WATER CONSERVATION FUND.
(a) Authorization.--Section 2 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-5) is amended--
(1) in the matter preceding subsection (a), by striking
``September 30, 2015'' and inserting ``September 30, 2022'';
and
(2) in subsection (c)(1), by striking ``through September
30, 2015'' and inserting ``September 30, 2022''.
(b) Funding.--Section 3 of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-6) is amended to read as follows:
``SEC. 3. AVAILABILITY OF FUNDS.
``(a) Funding.--
``(1) Fiscal years 2013 and 2014.--For each of fiscal years
2013 and 2014--
``(A) $700,000,000 of amounts covered into the fund
under section 2 shall be available for expenditure,
without further appropriation or fiscal year
limitation, to carry out the purposes of this Act; and
``(B) the remainder of amounts covered into the
fund shall be available subject to appropriations,
which may be made without fiscal year limitation.
``(2) Fiscal years 2015 through 2022.--For each of fiscal
years 2015 through 2022, amounts covered into the fund under
section 2 shall be available for expenditure to carry out the
purposes of this Act subject to appropriations, which may be
made without fiscal year limitation.
``(b) Uses.--Amounts made available for obligation or expenditure
from the fund may be obligated or expended only as provided in this
Act.
``(c) Willing Sellers.--In using amounts made available under
subsection (a)(1)(A), the Secretary shall only acquire land or
interests in land by purchase, exchange, or donation from a willing
seller.
``(d) Additional Amounts.--Amounts made available under subsection
(a)(1)(A) shall be in addition to amounts made available to the fund
under section 105 of the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note; Public Law 109-432).
``(e) Allocation Authority.--Appropriation Acts may provide for the
allocation of amounts covered into the fund under section 2.''.
(c) Allocation of Funds.--Section 5 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-7) is amended--
(1) in the first sentence, by inserting ``or expenditures''
after ``appropriations'';
(2) in the second sentence--
(A) by inserting ``or expenditures'' after
``appropriations''; and
(B) by inserting before the period at the end the
following: ``, including the amounts to be allocated
from the fund for Federal and State purposes''; and
(3) by striking ``Those appropriations from'' and all that
follows through the end of the section.
(d) Conforming Amendments.--Section 6(b) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-8(b)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``or expended'' after ``appropriated'';
(2) in paragraph (1)--
(A) by inserting ``or expenditures'' after
``appropriations''; and
(B) by striking ``; and'' and inserting a period;
and
(3) in the first sentence of paragraph (2), by inserting
``or expenditure'' after ``appropriation''.
(e) Public Access.--Section 7 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-9) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``or expended'' after ``appropriated''; and
(B) in paragraph (3), by inserting ``or
expenditures'' after ``such appropriations'';
(2) in subsection (b)--
(A) in the first sentence, by inserting ``or
expenditures'' after ``Appropriations''; and
(B) in the proviso, by inserting ``or
expenditures'' after ``appropriations'';
(3) in the first sentence of subsection (c)(1)--
(A) by inserting ``or expended'' after
``appropriated''; and
(B) by inserting ``or expenditures'' after
``appropriations''; and
(4) by adding at the end the following:
``(d) Public Access.--Not less than 1.5 percent of the annual
authorized funding amount shall be made available each year for
projects that secure recreational public access to existing Federal
public land for hunting, fishing, and other recreational purposes.''.
Subtitle H--Offsets
SEC. 1801. DELAY IN APPLICATION OF WORLDWIDE INTEREST.
(a) In General.--Paragraphs (5)(D) and (6) of section 864(f) of the
Internal Revenue Code of 1986 are each amended by striking ``December
31, 2020'' and inserting ``December 31, 2021.''
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
TITLE II--AMERICA FAST FORWARD FINANCING INNOVATION
SEC. 2001. SHORT TITLE.
This title may be cited as the ``America Fast Forward Financing
Innovation Act of 2011''.
SEC. 2002. 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 availability 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.
``(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 to
clause (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 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.
``(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. 2003. 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 III--HIGHWAY SPENDING CONTROLS
SEC. 3001. 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--
``(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;
``(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 on 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 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 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 an organization that--
``(A) is responsible for the planning,
coordination, and implementation of statewide
transportation plans and programs outside of
metropolitan areas, with an emphasis on addressing the
needs of rural areas of a State;
``(B) is not designated as a tier I MPO, a tier II
MPO, 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 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) 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).
``(B) Population of fewer than 200,000.--
``(i) In general.--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)(aa) 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;
and
``(bb) the Secretary approves the
Governor's determination.
``(ii) Written justification.--The
Secretary shall in a timely manner provide a
substantive written justification to each
metropolitan planning organization that is the
subject of a negative determination of the
Secretary under clause (i)(II).
``(C) Extension.--If 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;
``(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); and
``(iii) make a determination 1 year after
the date on which the Secretary issues an
extension, whether the MPO has meet the minimum
requirements established under subsection
(e)(4)(B)(i).
``(D) 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) 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)(i)(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 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
Federal Public Transportation Act of
2012; and
``(ii) be treated by the State as a
nonmetropolitan area for purposes of this
chapter.
``(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 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 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
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) be limited to ensuring 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 staffing
capabilities necessary to
operate the metropolitan
planning organization; and
``(bb) a requirement that
the metropolitan planning
organization has the technical
capacity to conduct the travel
demand model and forecasting
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) Limitation.--The rule issued
pursuant to this subparagraph shall only
include the minimum requirements established in
clause (ii).
``(iv) 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.
``(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, 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 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 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) a congestion mitigation and air
quality performance plan developed under
section 149(k) of title 23 by a tier I MPO
representing a nonattainment or maintenance
area;
``(v) safety plans developed by providers
of public transportation; and
``(vi) 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 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
(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 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 (including State
representatives of nonmotorized users), 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);
``(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 measures
identified in subsection (h)(2);
``(iv) may include a scenario that improves
the baseline conditions for as many of the
performance measures under 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 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, 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
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 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 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 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
(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 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
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 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) 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.--
``(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, 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 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--
``(i) nonmetropolitan local elected
officials an opportunity to participate in
accordance with subparagraph (B)(i); and
``(ii) 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 this paragraph, the
State shall--
``(i) develop and document a consultative
process to carry out subparagraph (A)(i) that
is separate and discrete from the public
involvement process developed under clause
(ii);
``(ii) 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;
``(iii) 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.);
``(iv) employ visualization techniques to
describe statewide transportation plans and
statewide transportation improvement programs;
and
``(v) 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 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, 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 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 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 Federal Public Transportation Act
of 2012, a statewide transportation plan that follows a policy
plan approach--
``(A) may, for 4 years after the date of enactment
of the Federal Public Transportation Act of 2012,
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 Federal Public
Transportation Act of 2012).
``(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 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).
``(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 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 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 on the National Highway System) 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.--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 this section and applicable Federal law
(including rules and regulations); and
``(B) subject to paragraph (2), certify, not later
than 180 days after the date of enactment of the
Federal Public Transportation Act of 2012 and not less
frequently than once every 5 years thereafter, 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 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 75 percent of the share of the
apportionment which is attributable to such systems
within the urbanized area, as measured by vehicle
revenue hours; and
``(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 50 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;
``(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) 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; or
``(B) a zero emission bus used to provide public
transportation.
``(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.
``(7) Zero emission bus.--The term `zero emission bus'
means a clean fuel vehicle that produces no carbon or
particulate matter.
``(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.
``(3) Combination of funding sources.--
``(A) Combination permitted.--A project carried out
under this section may receive funding under section
5307, or any other provision of law.
``(B) Government share.--Nothing in this paragraph
may be construed to alter the Government share required
under this section, section 5307, or any other
provision of law.
``(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--
``(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) Priority Consideration.--In making grants under this section,
the Secretary shall give priority to projects relating to clean fuel
buses that make greater reductions in energy consumption and harmful
emissions, including direct carbon emissions, than comparable standard
buses or other clean fuel buses.
``(g) 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) if--
``(i) a majority of the project operates in
a separated right-of-way dedicated for public
transportation use during peak periods; or
``(ii) a substantial portion of the project
operates in a separated right-of-way that is
semi-dedicated for public transportation use
during peak periods and includes other physical
elements that reduce public transportation
vehicle travel time and increase service
reliability;
``(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.
``(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;
``(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.
``(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 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.
``(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.
(a) In General.--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 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 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.''.
(b) Pilot Program for Intercity Bus Service.--
(1) Definitions.--In this subsection, the following
definitions shall apply:
(A) Eligible project.--The term ``eligible
project'' means an intercity bus project eligible under
section 5311(f) of title 49, United States Code, as
amended by this section, that includes both feeder
service and an unsubsidized segment of the intercity
bus network to which it connects.
(B) Feeder service.--The term ``feeder service''
means the provision of intercity connections to allow
for the coordination of rural connections between small
public transportation systems and providers of
intercity bus service.
(C) Intercity bus service.--The term ``intercity
bus service'' means regularly scheduled bus service
provided by private operators for the general public
that operates with limited stops over fixed routes
connecting two or more urban areas not in close
proximity, that has the capacity for transporting
baggage carried by passengers, and that makes
meaningful connections with scheduled intercity bus
service to more distant points, if such service is
available.
(D) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
(2) In-kind match.--The Secretary shall establish a pilot
program under which the Secretary may allow not more than 20
States using funding provided to carry out section 5311(f) of
title 49, United States Code, as amended by this section, to
support intercity bus service using the capital costs of
unsubsidized service provided by a private operator as in-kind
match for an eligible project.
(3) Study.--The Comptroller General of the United States
shall conduct a study not later than 1 year after the date of
enactment of this Act to determine the efficacy of the pilot
program in improving and expanding intercity bus service and
the effect of the pilot program on public transportation
providers and the commuting public.
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.
``(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;
``(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.
``(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.
``(10) Application to transit programs.--The requirements
under this subsection shall apply to all contracts eligible for
assistance under this chapter for a project carried out within
the scope of the applicable finding, determination, or decision
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), regardless of the funding source of such
contracts, if at least 1 contract for the project is funded
with amounts made available to carry out this chapter.
``(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 (e), by striking paragraph (1) and
inserting the following:
``(1) Contracts.--A recipient procuring rolling stock with
Government financial assistance under this chapter may make a
multiyear contract to buy the rolling stock and replacement
parts under which the recipient has an option to buy additional
rolling stock or replacement parts for--
``(A) not more than 5 years after the date of the
original contract for bus procurements; and
``(B) not more than 7 years after the date of the
original contract for rail procurements, provided that
such option does not allow for significant changes or
alterations to the rolling stock.''.
(2) in subsection (h), by striking ``Federal Public
Transportation Act of 2005'' and inserting ``Federal Public
Transportation Act of 2012'';
(3) in subsection (j)(2)(C), by striking ``, including the
performance reported in the Contractor Performance Assessment
Reports required under section 5309(l)(2)''; and
(4) 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;
``(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;
``(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;
``(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 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 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 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 `high intensity 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 high intensity motorbus vehicle revenue miles
attributable to the area, as established by the
Secretary, divided by the total number of all high
intensity 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 high intensity motorbus directional route miles
attributable to the area, as established by the
Secretary, divided by the total number of all high
intensity motorbus directional route miles attributable
to all areas.
``(4) Special rule for high intensity 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 high intensity motorbus vehicle
revenue miles or high intensity motorbus directional route
miles attributable to an urbanized area for a fiscal year under
this subsection, only segments of high intensity 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.
``(f) Bus and Bus Facilities State of Good Repair Grant Program.--
``(1) In general.--The Secretary may make grants under this
subsection to assist State and local governmental authorities
in financing bus and bus facility 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 capital projects on a
competitive basis.
``(3) Distribution.--The Secretary shall ensure that not
less than 40 percent of the funds allocated on a competitive
basis are distributed to rural areas.
``(4) Priority consideration.--In making grants under this
subsection, the Secretary shall give priority to recipients
providing bus-only or high-intensity motorbus service (as
defined in subsection (e)(1)) in a State whose recipients'
total apportionment from section 5338(a) in fiscal year 2012
minus the recipients' total apportionment from section 5338(a)
in fiscal year 2011 does not exceed 90 percent of the average
annual amount the recipients in the State received under
section 5309(m)(2)(c), as in effect on October 1, 2011, in
fiscal years 2006 through 2011.''.
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, of which not less than $75,000,000 shall be
available to carry out section 5337(f).
``(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.
``(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. 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.''.
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(b)(2)(A) of title 49, United States
Code, is amended 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''.
(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'';
(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 States or local governments for
construction purposes.
(c) Applicability of Title 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:
``(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 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.
``(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 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.
``(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--
``(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--
``(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. 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. 31206. 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. 31207. 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. 31208. 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.
``(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 Motor
Vehicle and Highway Safety Improvement Act of 2012--
``(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. 31209. 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 Motor
Vehicle and Highway Safety Improvement Act of 2012--
``(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. 31210. 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.
``(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 Motor Vehicle and Highway Safety
Improvement Act of 2012, 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 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 Motor Vehicle and Highway Safety Improvement Act of 2012.''.
(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;
(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 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).
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;
``(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''.
(d) Transportation of Agricultural Commodities and Farm Supplies.--
Section 229(a)(1) of the Motor Carrier Safety Improvement Act of 1999
(49 U.S.C. 31136 note) is amended to read as follows:
``(1) Transportation of agricultural commodities and farm
supplies.--Regulations prescribed by the Secretary under
sections 31136 and 31502 regarding maximum driving and on-duty
time for drivers used by motor carriers shall not apply during
planting and harvest periods, as determined by each State, to--
``(A) drivers transporting agricultural commodities
in the State from the source of the agricultural
commodities to a location within a 100 air-mile radius
from the source;
``(B) drivers transporting farm supplies for
agricultural purposes in the State from a wholesale or
retail distribution point of the farm supplies to a
farm or other location where the farm supplies are
intended to be used within a 100 air-mile radius from
the distribution point; or
``(C) drivers transporting farm supplies for
agricultural purposes in the State from a wholesale
distribution point of the farm supplies to a retail
distribution point of the farm supplies within a 100
air-mile radius from the wholesale distribution
point.''.
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:
``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);
``(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.
SEC. 32208. 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.
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
``(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) by amending subparagraph (E) to read as
follows:
``(E) require medical examiners to transmit
electronically, on at least a monthly basis, the name
of the applicant, a numerical identifier, and
additional information contained on the medical
examiner's certificate for any completed medical
examination report required under section 391.43 of
title 49, Code of Federal Regulations, to the chief
medical examiner;'';
(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--
(A) up to $1,000,000 for fiscal year 2012; and
(B) up to $1,000,000 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.
(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.''.
SEC. 32309. DISQUALIFICATIONS BASED ON NON-COMMERCIAL MOTOR VEHICLE
OPERATIONS.
(a) First Offense.--Section 31310(b)(1)(D) is amended by striking
``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 striking
``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--
``(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
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
(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
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.''.
SEC. 32514. GRADE CROSSING SAFETY REGULATIONS.
Section 112(2) of the Hazardous Materials Transportation
Authorization Act of 1994 (Public Law 103-311) is amended by striking
``315 of such title (relating to motor carrier safety)'' and inserting
``311 of such title (relating to commercial motor vehicle safety)''.
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).
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.
``(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.''
``(j) Payment to Recipients of Financial Assistance for Costs.--
Each grantee shall submit vouchers to the Secretary for costs the
grantee has incurred under sections 31102, 31109, and 31313. The
Secretary shall pay the grantee an amount equal to not more than the
Government share of costs incurred as of the date on which the vouchers
are submitted.''.
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--
(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--
(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 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:
``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
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 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 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
``(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''.
(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,
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 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.''.
SEC. 33007. BUY AMERICA WAIVER REQUIREMENTS.
(a) Notice and Comment Opportunities.--
(1) In general.--If the Secretary receives a request for a
waiver under section 313(b) of title 23, United States Code, or
under section 24305(f)(4) or 24405(a)(2) of title 49, United
States Code, the Secretary shall provide notice of, and an
opportunity for public comment on, the request not later than
15 days before making a finding based on such request.
(2) Notice requirements.--Each notice provided under
paragraph (1)--
(A) shall include the information available to the
Secretary concerning the request, including the
requestor's justification for such request; and
(B) shall be provided electronically, including on
the official public Internet website of the Department.
(3) Publication of detailed justification.--If the
Secretary issues a waiver pursuant to the authority granted
under a provision referenced in paragraph (1), the Secretary
shall publish, in the Federal Register, a detailed
justification for the waiver that--
(A) addresses the public comments received under
paragraph (1); and
(B) is published before the waiver takes effect.
(b) Consistency With International Agreements.--This section shall
be applied in a manner that is consistent with United States
obligations under relevant international agreements.
(c) Review of Nationwide Waivers.--Not later than 1 year after the
date of the enactment of the Moving Ahead for Progress in the 21st
Century Act, and at least once every 5 years thereafter, the Secretary
shall review each standing nationwide waiver issued pursuant to the
authority granted under any of the provisions referenced in paragraph
(1) to determine whether continuing such waiver is necessary.
(d) Buy America Reporting.--Section 308 of title 49, United States
Code, is amended by inserting after subsection (c) the following:
``(d) Not later than February 1, 2013, and annually thereafter, the
Secretary shall submit a report to Congress that--
``(1) specifies each highway, public transportation, or
railroad project for which the Secretary issued a waiver from a
Buy America requirement pursuant to the authority granted under
section 313(b) of title 23, United States Code, or under
section 24305(f)(4) or 24405(a)(2) of title 49, United States
Code, during the preceding calendar year;
``(2) identifies the country of origin and product
specifications for the steel, iron, or manufactured goods
acquired pursuant to each of the waivers specified under
paragraph (1); and
``(3) summarizes the monetary value of contracts awarded
pursuant to each such waiver.''.
SEC. 33008. MAKE IT IN AMERICA INITIATIVE.
(a) Memorandum of Agreement.--The term ``Memorandum of Agreement''
means the August 2011 Memorandum of Agreement between the Department of
Transportation and the Department of Commerce entitled ``Development of
a Domestic Supply Base for Intermodal Transportation in the U.S.''.
(b) Sense of Congress.--It is the sense of Congress that
collaboration between the Department of Transportation and the
Department of Commerce can significantly improve the scope and depth of
the domestic supply base for transportation infrastructure,
particularly for small businesses in the United States.
(c) Implementation.--
(1) In general.--The Secretary of Transportation and the
Secretary of Commerce shall prioritize the implementation of
the Memorandum of Agreement.
(2) Savings provision.--The requirement under paragraph (1)
may not be construed to require the expenditure of additional
funds.
SEC. 33009. CAPACITY-BUILDING FOR NATURAL DISASTERS AND EXTREME
WEATHER.
(a) Definitions.--In this section, the following definitions apply:
(1) Extreme weather.--The term ``extreme weather'' includes
severe or unseasonable weather, heavy precipitation, a storm
surge, flooding, drought, windstorms (including hurricanes,
tornadoes, and associated storm surges), extreme heat, and
extreme cold.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation, in consultation with--
(A) the Director of the National Institute of
Standards and Technology;
(B) the Administrator of the Federal Emergency
Management Agency; and
(C) as appropriate--
(i) the Administrator of the National
Oceanic and Atmospheric Administration;
(ii) the Director of the United States
Geological Survey;
(iii) the Administrator of the National
Aeronautics and Space Administration;
(iv) the Administrator of the Environmental
Protection Agency; and
(v) the heads of other Federal agencies.
(b) Data.--The Secretary shall determine and provide to
transportation planners appropriate data on the impact on
infrastructure of natural disasters and a higher frequency of extreme
weather.
(c) Transportation Infrastructure.--
(1) In general.--The Secretary shall issue guidance and
establish design standards for transportation infrastructure to
help States, metropolitan planning organizations, and local
governments plan for natural disasters and a greater frequency
of extreme weather events in the process of planning, siting,
designing, and developing transportation infrastructure by
assessing vulnerabilities to a changing climate and the costs
and benefits of adaptation measures (including economic,
social, and environmental costs and benefits).
(2) Coordination.--If appropriate, guidance and design
standards under paragraph (1) shall, to the maximum extent
practicable, be carried out through the coordination mechanism
provided under--
(A) the National Windstorm Impact Reduction Program
established under section 204 of the National Windstorm
Impact Reduction Act of 2004 (42 U.S.C. 15703); and
(B) the National Earthquake Hazard Reduction
Program established under section 5 of the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7704).
SEC. 33010. TOLL FAIRNESS STUDY.
(a) Review.--As soon as practicable after the date of the enactment
of this Act, the Comptroller General of the United States shall conduct
a review of toll rate setting practices by selected interstate tolling
authorities--
(1) over any bridge constructed under the Act of March 23,
1906 (33 U.S.C. 491 et seq.) (commonly known as the Bridge Act
of 1906), the General Bridge Act of 1946 (33 U.S.C. 525 et
seq.), or the International Bridge Act of 1972 (33 U.S.C. 535
et seq.); and
(2) over or through any bridge or tunnel constructed on a
Federal-aid highway (as defined in section 101(a) of title 23,
United States Code).
(b) Evaluation.--The review under subsection (a) shall include an
evaluation of--
(1) the extent to which the use of tolling revenue by
interstate authorities is consistent with their mandates; and
(2) the transparency and accountability of the funding and
management decisions by those authorities.
(c) Report to Congress.--The Comptroller General of the United
States 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 results of the review conducted under this section;
and
(2) any appropriate recommendations.
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--
(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 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.
``(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--NATIONAL RAIL SYSTEM PRESERVATION, EXPANSION, AND DEVELOPMENT
ACT OF 2012
SEC. 35001. SHORT TITLE.
This title may be cited as the ``National Rail System Preservation,
Expansion, and Development Act of 2012''.
SEC. 35002. 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. 35101. 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 National Rail System Preservation, Expansion, and
Development Act of 2012--
``(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
``(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 National Rail System Preservation, Expansion, and
Development Act of 2012; and
``(B) substantially meets the requirements of
chapter 227 as in effect on the day before the date of
enactment of the National Rail System Preservation,
Expansion, and Development Act of 2012.
``(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 National Rail System
Preservation, Expansion, and Development Act of 2012.
``(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.--
``(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. 35102. 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. 35103. 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. 35104. 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. 35105. 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 National Rail System Preservation,
Expansion, and Development Act of 2012, 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;
``(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. 35106. 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. 35107. 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
National Rail System Preservation, Expansion, and Development Act of
2012, 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'';
(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. 35108. 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. 35109. 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. 35110. 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. 35111. 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. 35201. 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 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. 35202. 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 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 National Rail System Preservation, Expansion, and
Development Act of 2012, 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. 35203. 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. 35204. 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. 35205. 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. 35206. 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:
``(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.--
``(1) In general.--The Inspector General of Amtrak shall
have the authority available to other Inspectors General, as
necessary in carrying out the duties specified in the Inspector
General Act 1978 (5 U.S.C. App. 3), to investigate any alleged
violation of sections 286, 287, 371, 641, 1001, 1002 and 1516
of title 18.
``(2) Agency.--Solely for purposes of sections 286, 287,
371, 641, 1001, 1002, and 1516 of title 18, Amtrak and the
Amtrak Office of the Inspector General, shall be considered a
corporation in which the United States has a proprietary
interest as set forth in section 6 of such title.
``(c) False Claims.--Claims made or presented to Amtrak shall be
considered as claims under section 3729(b)(2)(A)(ii) of title 31.
Statements made or presented to Amtrak shall be considered as
statements under subparagraphs (B) and (G) of section 3729(a)(1) of
such title.
``(d) Limitation.--Subsections (b) and (c) shall be effective only
with respect to a fiscal year for which Amtrak receives a Federal
subsidy.
``(e) Qualified Immunity.--
``(1) In general.--An employee of the Amtrak Office of
Inspector General shall enjoy the same personal qualified
immunity from lawsuit or liability as the employees of the
Department of Transportation Office of Inspector General with
respect to the performance of investigative, audit, inspection,
or evaluation functions authorized under the Inspector General
Act of 1978 (5 U.S.C. App.) that are carried out for the Amtrak
Office of Inspector General.
``(2) Federal government liability.--No liability of any
kind shall attach to or rest upon the United States for any
damages from or by any actions of the Amtrak Office of
Inspector General, its employees, agents, or representatives.
``(f) Services.--Amtrak and the Inspector General of Amtrak may
obtain services under sections 502(a) and 602 of title 40, including
travel programs, from the Administrator of General Services. The
Administrator of General Services shall provide services under sections
502(a) and 602 of title 40, to Amtrak and 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. 35207. 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. 35208. 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. 35209. BOARD OF DIRECTORS.
Section 24302(a)(3) is amended by striking ``5'' the second place
it appears and inserting ``4''.
SEC. 35210. AMTRAK.
Section 24305(f) of title 49, United States Code, is amended by
adding at the end the following:
``(5) The requirements under this subsection shall apply to
all contracts eligible for assistance under this chapter for a
project carried out within the scope of the applicable finding,
determination, or decision under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the
funding source of such contracts, if at least 1 contract for
the project is funded with amounts made available to carry out
this chapter.''.
Subtitle C--Rail Safety Improvements
SEC. 35301. 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, if the
Secretary--
``(A) determines that--
``(i) full implementation will likely be
infeasible due to circumstances beyond the
control of the applicant, including funding
availability, spectrum acquisition, resource
and technology availability, and
interoperability standards;
``(ii) the applicant has demonstrated good
faith in its positive train control
implementation;
``(iii) the applicant has presented a
revised positive train control implementation
plan indicating how it will fully implement
positive train control as soon as feasible, and
not later than December 31, 2018; and
``(iv) such extension will not extend
beyond December 31, 2018; and
``(B) takes into consideration--
``(i) whether the affected areas of track
have been identified as areas of greater risk
to the public and railroad employees in the
applicant's positive train control
implementation plan under section
236.1011(a)(4) of title 49, Code of Federal
Regulations; and
``(ii) the risk of operational failure to
the affected service areas and the applicant.
``(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. 35302. 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. 35303. 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.
Subtitle D--Freight Rail
SEC. 35401. 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. 35402. 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. 35403. 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. 35404. 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. 35405. 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. 35406. 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. 35407. 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. 35408. 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. 35501. 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), 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. 35502. 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. 35601. 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
``(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 VI--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY ACT OF
2012
SEC. 36001. SHORT TITLE.
This title may be cited as the ``Sport Fish Restoration and
Recreational Boating Safety Act of 2012''.
SEC. 36002. 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,''.
TITLE VII--MISCELLANEOUS
SEC. 37001. AIRCRAFT NOISE ABATEMENT.
(a) In General.--Section 3(b)(2) of Public Law 100-91 (16 U.S.C.
1a-1 note) is amended by adding at the end the following: ``The plan
shall not apply to or otherwise affect the regulation of flights over
the Grand Canyon at altitudes above the Special Flight Rules Area for
the Grand Canyon in effect as of the date of the enactment of the MAP-
21, or as subsequently modified by mutual agreement of the Secretary
and the Administrator.''.
(b) Savings Provisions.--
(1) Jurisdiction of national airspace.--None of the
recommendations required under section 3(b)(1) of Public Law
100-91 (16 U.S.C. 1a-1 note), including recommendations to
raise the flight-free zone altitude ceilings, shall adversely
affect the national airspace system, as determined by the
Administrator of the Federal Aviation Administration. If the
Administrator determines that implementing the recommendations
would adversely affect the national airspace system, the
Administrator shall consult with the Secretary of the Interior
to eliminate the adverse effects.
(2) Effect of nepa determinations.--None of the
environmental thresholds, analyses, impact determinations, or
conditions prepared or used by the Secretary to develop
recommendations regarding the substantial restoration of
natural quiet and experience for the Grand Canyon National Park
required under section 3(b)(1) of Public Law 100-91 shall have
broader application or be given deference with respect to the
Administrator's compliance with the National Environmental
Policy Act for proposed aviation actions and decisions. Nothing
in this section may be construed to limit the ability of the
National Park Service to use its own methods of analysis and
impact determinations for air tour management planning within
its purview under the National Parks Air Tour Management Act of
2000 (title VIII of Public Law 106-181).
(c) Conversion to Quiet Technology Aircraft.--
(1) In general.--Not later than 15 years after the date of
the enactment of this Act, all commercial air tour aircraft
operating in the Grand Canyon National Park Special Flight
Rules Area shall be required to fully convert to quiet aircraft
technology (as determined in accordance with regulations in
effect on the day before the date of the enactment of this
Act).
(2) Conversion incentives.--Not later than 60 days after
the date of the enactment of this Act, the Secretary and the
Administrator of the Federal Aviation Administration shall
provide incentives for commercial air tour operators that
convert to quiet aircraft technology (as determined in
accordance with the regulations in effect on the day before the
date of the enactment of this Act) before the date specified in
paragraph (1), such as increasing the flight allocations for
such operators on a net basis consistent with section 804(c) of
the National Park Air Tours Management Act of 2000 (title VIII
of Public Law 106-181), provided that the cumulative impact of
such operations does not increase noise at Grand Canyon
National Park.
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'' each place it appears in
clauses (i), (ii), and (iii) and inserting ``2009, 2010, or the
period beginning after June 30, 2012, and before July 1,
2013'', and
(2) by striking ``2009 and 2010'' in the heading and
inserting ``2009, 2010, 2012, and 2013''.
(b) Effective Date.--The amendments made by this section shall
apply to obligations issued after June 30, 2012.
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:
``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
``(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 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.--
``(I) In general.--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 the
applicable minimum percentage, or more
than the applicable maximum percentage,
of the average of the segment rates
described in such clause for years in
the 25-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 the applicable minimum
percentage or the applicable maximum
percentage of such average, whichever
is closest. The Secretary shall
determine such average on an annual
basis and may prescribe equivalent
rates for years in any such 25-year
period for which the rates described in
any such clause are not available.
``(II) Applicable minimum
percentage; applicable maximum
percentage.--For purposes of subclause
(I), the applicable minimum percentage
and the applicable maximum percentage
for a plan year beginning in a calendar
year shall be determined in accordance
with the following table:
------------------------------------------------------------------------
The The
applicable applicable
``If the calendar year is: minimum maximum
percentage percentage
is: is:
------------------------------------------------------------------------
2012.......................................... 90% 110%
2013.......................................... 85% 115%
2014.......................................... 80% 120%
2015.......................................... 75% 125%
After 2015.................................... 70% 130%.''.
------------------------------------------------------------------------
(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.--
``(I) In general.--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 the
applicable minimum percentage, or more
than the applicable maximum percentage,
of the average of the segment rates
described in such clause for years in
the 25-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 the applicable minimum
percentage or the applicable maximum
percentage of such average, whichever
is closest. The Secretary of the
Treasury shall determine such average
on an annual basis and may prescribe
equivalent rates for years in any such
25-year period for which the rates
described in any such clause are not
available.
``(II) Applicable minimum
percentage; applicable maximum
percentage.--For purposes of subclause
(I), the applicable minimum percentage
and the applicable maximum percentage
for a plan year beginning in a calendar
year shall be determined in accordance
with the following table:
------------------------------------------------------------------------
The The
applicable applicable
``If the calendar year is: minimum maximum
percentage percentage
is: is:
------------------------------------------------------------------------
2012.......................................... 90% 110%
2013.......................................... 85% 115%
2014.......................................... 80% 120%
2015.......................................... 75% 125%
After 2015.................................... 70% 130%.''.
------------------------------------------------------------------------
(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.--
(1) In general.--The amendments made by this section shall
apply with respect to plan years beginning after December 31,
2011.
(2) Exception.--A plan sponsor may elect not to have the
amendments made by this section apply to any plan year
beginning on or before the date of the enactment of this Act
solely for purposes of determining the adjusted funding target
attainment percentage under sections 436 of the Internal
Revenue Code of 1986 and 206(g) of the Employee Retirement
Income Security Act of 1974 for such plan year. A plan shall
not be treated as failing to meet the requirements of sections
411(d)(6) of such Code and 204(g) of such Act solely by reason
of an election under this paragraph.
SEC. 40313. ADDITIONAL TRANSFERS 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 appropriations to trust fund.--Out of
money in the Treasury not otherwise appropriated, there is
hereby appropriated to the Highway Trust Fund--
``(A) for fiscal year 2012, $2,183,000,000,
``(B) for fiscal year 2013, $2,277,000,000, and
``(C) for fiscal year 2014, $510,000,000.''.
SEC. 40314. TRANSFERS TO FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST
FUND AND FEDERAL DISABILITY INSURANCE TRUST FUND.
Out of money in the Treasury not otherwise appropriated, there is
hereby appropriated--
(1) for fiscal year 2012, $27,000,000, and
(2) for fiscal year 2014, $82,000,000,
to the Federal Old-Age and Survivors Trust Fund and the Federal
Disability Insurance Trust Fund established under section 201 of the
Social Security Act (42 U.S.C. 401). The Secretary of the Treasury
shall allocate such amounts between such Trust Funds in the ratio in
which amounts are appropriated to such Trust Funds under clause (3) of
section 201(a) and clause (1) of section 201(b) of such Act.
DIVISION E--RESEARCH AND EDUCATION
SEC. 50001. SHORT TITLE.
This division may be cited as the ``Transportation Research and
Innovative Technology Act of 2012''.
TITLE I--FUNDING
SEC. 51001. 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.
TITLE II--RESEARCH, TECHNOLOGY, AND EDUCATION
SEC. 52001. 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.
``(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. 52002. 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.''.
SEC. 52003. 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, stormwater
runoff, and flooding and to treat or
remove pollutants by allowing
stormwater 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
Transportation Research and Innovative
Technology Act of 2012, 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.
``(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;
``(XVII) reducing the environmental
impacts of freight movement; and
``(XVIII) alternative
transportation fuels research.
``(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
``(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.
``(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.
``(3) Accelerated implementation and deployment of pavement
technologies.--
``(A) In general.--The Secretary shall establish
and implement a program under the technology and
innovation deployment program to promote, implement,
deploy, demonstrate, showcase, support, and document
the application of innovative pavement technologies,
practices, performance, and benefits.
``(B) Goals.--The goals of the accelerated
implementation and deployment of pavement technologies
program shall include--
``(i) the deployment of new, cost-effective
designs, materials, recycled materials, and
practices to extend the pavement life and
performance and to improve user satisfaction;
``(ii) the reduction of initial costs and
lifecycle costs of pavements, including the
costs of new construction, replacement,
maintenance, and rehabilitation;
``(iii) the deployment of accelerated
construction techniques to increase safety and
reduce construction time and traffic disruption
and congestion;
``(iv) the deployment of engineering design
criteria and specifications for new and
efficient practices, products, and materials
for use in highway pavements;
``(v) the deployment of new nondestructive
and real-time pavement evaluation technologies
and construction techniques; and
``(vi) effective technology transfer and
information dissemination to accelerate
implementation of new technologies and to
improve life, performance, cost effectiveness,
safety, and user satisfaction.
``(C) Funding.--The Secretary shall obligate for
each of fiscal years 2012 through 2013 from funds made
available to carry out this subsection--
``(i) $6,000,000 to accelerate the
deployment and implementation of asphalt
pavement technology; and
``(ii) $6,000,000 to accelerate the
deployment and implementation of concrete
pavement technology used in highways on the
national highway system.
``(D) Administration.--
``(i) In general.--The implementation and
deployment activities to be carried out under
this paragraph shall be identified and
conducted in collaboration with industry, State
departments of transportation, the Federal
Highway Administration, the National Academy of
Sciences, and other appropriate entities, using
the respective road maps (the Concrete Pavement
Road Map and National Asphalt Roadmap) as a
guide.
``(ii) Collaboration.--The Federal Highway
Administration shall collaborate with
organizations that have a proven track record
of effective technology deployment on a
national scale, stakeholder involvement, and
leveraging of public sector investment.
``(iii) Advisory committee.--A pavement
technology implementation advisory committee
comprised of key stakeholders, including the
Federal Highway Administration, State
departments of transportation, and the pavement
industry, shall be established to oversee and
advise the program efforts.
``(iv) Report.--The Secretary shall
annually 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
details the progress and results of the
activities carried out under this paragraph.
``(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 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. 52004. 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. 52005. 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. 52006. INTERNATIONAL HIGHWAY TRANSPORTATION PROGRAM.
Section 506 of title 23, United States Code, is repealed.
SEC. 52007. SURFACE TRANSPORTATION ENVIRONMENTAL COOPERATIVE RESEARCH
PROGRAM.
Section 507 of title 23, United States Code, is repealed.
SEC. 52008. 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. 52009. 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 for 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. 52010. 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) Restriction.--Institutions may not apply for both a
national transportation center and a regional transportation
center.
``(3) 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 Transportation Research and Innovative
Technology Act of 2012, 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) National transportation centers.--
``(A) In general.--For each of fiscal years 2012
and 2013, and subject to subparagraph (B), the
Secretary shall provide grants to 5 recipients that the
Secretary determines best meet the criteria described
in subsection (b)(3).
``(B) Restrictions.--
``(i) In general.--For each fiscal year, a
grant made available under this paragraph shall
not exceed $3,250,000 per recipient.
``(ii) Focused research.--The grant
recipients under this paragraph shall focus
research on national transportation issues, as
determined by the Secretary.
``(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) a transportation-related
grant from the National Science
Foundation subject to prior approval by
the Secretary.
``(3) Regional university transportation centers.--
``(A) Location of regional centers.--One regional
university transportation center shall be located in
each of the 10 Federal regions that comprise the
Standard Federal Regions established by the Office of
Management and Budget in the document entitled
`Standard Federal Regions' and dated April, 1974
(circular A-105).
``(B) Selection criteria.--In conducting a
competition under subsection (b), the Secretary shall
provide grants to 10 recipients on the basis of--
``(i) the criteria described in subsection
(b)(3);
``(ii) the location of the center within
the Federal region to be served; and
``(iii) whether the institution (or, in the
case of consortium of institutions, the lead
institution) demonstrates that the institution
has a well-established, nationally recognized
program in transportation research and
education, as evidenced by--
``(I) recent expenditures by the
institution in highway or public
transportation research;
``(II) a historical track record of
awarding graduate degrees in
professional fields closely related to
highways and public transportation; and
``(III) an experienced faculty who
specialize in professional fields
closely related to highways and public
transportation.
``(C) Restrictions.--For each fiscal year, a grant
made available under this paragraph shall not exceed
$2,750,000 for each recipient.
``(D) Matching requirements.--
``(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 the clause (i) may include
amounts made available to the recipient under--
``(I) section 504(b) or 505 of
title 23; and
``(II) a transportation-related
grant from the National Science
Foundation subject to prior approval by
the Secretary.
``(4) Tier 1 university transportation centers.--
``(A) In general.--For each of fiscal years 2012
and 2013, the Secretary shall provide grants of not
more than $1,500,000 each to not more than 20
recipients to carry out this section.
``(B) Restriction.--A grant recipient under
paragraph (2) or (3) shall not be eligible to receive a
grant under this paragraph.
``(C) Matching requirement.--
``(i) In general.--Subject to clause (iii),
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) a transportation-related
grant from the National Science
Foundation subject to prior approval by
the Secretary.
``(iii) Exemption.--This subparagraph shall
not apply on a demonstration of financial
hardship by the applicant institution.
``(D) Focused research.--
``(i) In general.--In awarding grants under
this paragraph, consideration shall be given to
minority institutions, as defined by section
365 of the Higher Education Act of 1965 (20
U.S.C. 1067k), or consortia that include such
institutions that have demonstrated an ability
in transportation-related research.
``(ii) Public transportation issues.--At
least 2 of the recipients awarded a grant under
this paragraph shall have expertise in, and
focus research on, public transportation
issues.
``(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. 52011. 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
``Sec.
``6301. Definitions.
``6302. Bureau of Transportation Statistics.
``6303. Intermodal transportation database.
``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 their 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
safety data programs of the Department;
``(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) continually improve surveys and data
collection methods of the Department 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 transportation statistics and carry out
modeling, economic assessment, and program
assessment activities to ensure that such
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 by 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, consistent with applicable security
constraints and confidentiality interests.
``(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 upon written
request and subject to any statutory or regulatory restrictions.
``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 established under this section shall be
suitable for analyses carried out by the Federal Government, the
States, and metropolitan planning organizations.
``(c) Contents.--The database established under this section 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
combinations, 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 combinations, 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 a
National Transportation Library which 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 and
internationally;
``(8) 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, with the
goal of developing a comprehensive transportation information
and knowledge network that supports the activities described in
section 6302(b)(3)(B)(vi); 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), to improve 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, award 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 in connection with matters
relating to the Department's strategic goals, knowledge
networking, and national and international cooperation, by
entering into contracts or other agreements or awarding grants
for the conduct of such activities.
``(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, deposited in the Research and Innovative Technology
Administration's general fund account, 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 advisory council established under this
section 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; 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 and not more than 11 members 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.
``(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) Current members.--A member serving on an advisory
council on transportation statistics on the day before the date
of enactment of the Transportation Research and Innovative
Technology Act of 2012 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 and with or without
reimbursement for such 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 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.--The
Director shall be provided access to any 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. 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 for chapter 1 of that title is deleted.
(2) Analysis for 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. 52012. 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 is authorized to expend not more than
1 \1/2\ percent of the amounts authorized to be appropriated 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.
``(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 6101 of
title 41, United States Code shall not apply to a contract,
grant, or other agreement entered into under this section.''.
SEC. 52013. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC PLANNING.
Section 508(a) of title 23, United States Code, is amended--
(1) in paragraph (1), by striking ``SAFETEA-LU'' and
inserting ``Transportation Research and Innovative Technology
Act of 2012''; and
(2) in paragraph (2), 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;''.
TITLE III--INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH
SEC. 53001. 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 the deployment of ITS technologies and
services within all funding programs authorized by the
Transportation Research and Innovative Technology Act
of 2012; 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, as
appropriate, 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 Transportation Research and
Innovative Technology Act of 2012, 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 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. 53002. 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. 53003. 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 53002) 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;
``(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 Transportation Research and
Innovative Technology Act of 2012, 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 53002) the following:
``515. General authorities and requirements.''.
SEC. 53004. 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 53003) 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 53004) the following:
``516. Research and development.''.
SEC. 53005. 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 53004) 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 53004) the following:
``517. National architecture and standards.''.
SEC. 53006. 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 53005) 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 a report to the
Committee on Commerce, Science, and Transportation of the Senate, the
Committee on Environment and Public Works 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 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.
``(b) Report Review.--The Secretary shall enter into agreements
with the National Research Council and an independent third party with
subject matter expertise for the review of the report described in
subsection (a).''.
(b) Conforming Amendment.--The analysis for chapter 5 of title 23,
United States Code, is amended by adding after section 517 (as added by
section 53005) the following:
``518. Vehicle-to-vehicle and vehicle-to-infrastructure communications
systems deployment.''.
DIVISION F--MISCELLANEOUS
TITLE I--REAUTHORIZATION OF CERTAIN PROGRAMS
Subtitle A--Secure Rural Schools and Community Self-determination
Program
SEC. 100101. SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION
PROGRAM.
(a) Amendments.--The Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7101 et seq.) is amended--
(1) in section 3(11)--
(A) in subparagraph (A), by striking ``and'' after
the semicolon at the end;
(B) in subparagraph (B)--
(i) by striking ``fiscal year 2009 and each
fiscal year thereafter'' and inserting ``each
of fiscal years 2009 through 2011''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) for fiscal year 2012 and each fiscal year
thereafter, the amount that is equal to 95 percent of
the full funding amount for the preceding fiscal
year.'';
(2) in sections 101, 102, 203, 207, 208, 304, and 402, by
striking ``2011'' each place it appears and inserting ``2012'';
(3) in section 102--
(A) by striking ``2008'' each place it appears and
inserting ``2012'';
(B) in subsection (b)(2)(B), by inserting ``in
2012'' before ``, the election''; and
(C) in subsection (d)--
(i) in paragraph (1)(A), by striking
``paragraph (3)(B)'' and inserting
``subparagraph (D)''; and
(ii) in paragraph (3)--
(I) by striking subparagraph (A)
and inserting the following:
``(A) Notification.--The Governor of each eligible
State shall notify the Secretary concerned of an
election by an eligible county under this subsection
not later than September 30, 2012, and each September
30 thereafter for each succeeding fiscal year.'';
(II) by redesignating subparagraph
(B) as subparagraph (D) and moving the
subparagraph so as to appear at the end
of paragraph (1) of subsection (d); and
(III) by inserting after
subparagraph (A) the following:
``(B) Failure to elect.--If the Governor of an
eligible State fails to notify the Secretary concerned
of the election for an eligible county by the date
specified in subparagraph (A)--
``(i) the eligible county shall be
considered to have elected to expend 80 percent
of the funds in accordance with paragraph
(1)(A); and
``(ii) the remainder shall be available to
the Secretary concerned to carry out projects
in the eligible county to further the purpose
described in section 202(b).'';
(4) in section 103(d)(2), by striking ``fiscal year 2011''
and inserting ``each of fiscal years 2011 and 2012'';
(5) in section 202, by adding at the end the following:
``(c) Administrative Expenses.--A resource advisory committee may,
in accordance with section 203, propose to use not more than 10 percent
of the project funds of an eligible county for any fiscal year for
administrative expenses associated with operating the resource advisory
committee under this title.'';
(6) in section 204(e)(3)(B)(iii), by striking ``and 2011''
and inserting ``through 2012'';
(7) in section 205(a)(4), by striking ``2006'' each place
it appears and inserting ``2011'';
(8) in section 208(b), by striking ``2012'' and inserting
``2013'';
(9) in section 302(a)(2)(A), by inserting ``and'' after the
semicolon; and
(10) in section 304(b), by striking ``2012'' and inserting
``2013''.
(b) Failure To Make Election.--For each county that failed to make
an election for fiscal year 2011 in accordance with section
102(d)(3)(A) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112(d)(3)(A)), there shall be
available to the Secretary of Agriculture to carry out projects to
further the purpose described in section 202(b) of that Act (16 U.S.C.
7122(b)), from amounts in the Treasury not otherwise appropriated, the
amount that is equal to 15 percent of the total share of the State
payment that otherwise would have been made to the county under that
Act for fiscal year 2011.
Subtitle B--Payment in Lieu of Taxes Program
SEC. 100111. PAYMENTS IN LIEU OF TAXES.
Section 6906 of title 31, United States Code, is amended by
striking ``2012'' and inserting ``2013''.
Subtitle C--Offsets
SEC. 100112. TAX REPORTING FOR LIFE SETTLEMENT TRANSACTIONS.
(a) In General.--Subpart B of part III of subchapter A of chapter
61 of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 6050X. RETURNS RELATING TO CERTAIN LIFE INSURANCE CONTRACT
TRANSACTIONS.
``(a) Requirement of Reporting of Certain Payments.--
``(1) In general.--Every person who acquires a life
insurance contract or any interest in a life insurance contract
in a reportable policy sale during any taxable year shall make
a return for such taxable year (at such time and in such manner
as the Secretary shall prescribe) setting forth--
``(A) the name, address, and TIN of such person,
``(B) the name, address, and TIN of each recipient
of payment in the reportable policy sale,
``(C) the date of such sale,
``(D) the name of the issuer of the life insurance
contract sold and the policy number of such contract,
and
``(E) the amount of each payment.
``(2) Statement to be furnished to persons with respect to
whom information is required.--Every person required to make a
return under this subsection shall furnish to each person whose
name is required to be set forth in such return a written
statement showing--
``(A) the name, address, and phone number of the
information contact of the person required to make such
return, and
``(B) the information required to be shown on such
return with respect to such person, except that in the
case of an issuer of a life insurance contract, such
statement is not required to include the information
specified in paragraph (1)(E).
``(b) Requirement of Reporting of Seller's Basis in Life Insurance
Contracts.--
``(1) In general.--Upon receipt of the statement required
under subsection (a)(2) or upon notice of a transfer of a life
insurance contract to a foreign person, each issuer of a life
insurance contract shall make a return (at such time and in
such manner as the Secretary shall prescribe) setting forth--
``(A) the name, address, and TIN of the seller who
transfers any interest in such contract in such sale,
``(B) the investment in the contract (as defined in
section 72(e)(6)) with respect to such seller, and
``(C) the policy number of such contract.
``(2) Statement to be furnished to persons with respect to
whom information is required.--Every person required to make a
return under this subsection shall furnish to each person whose
name is required to be set forth in such return a written
statement showing--
``(A) the name, address, and phone number of the
information contact of the person required to make such
return, and
``(B) the information required to be shown on such
return with respect to each seller whose name is
required to be set forth in such return.
``(c) Requirement of Reporting With Respect to Reportable Death
Benefits.--
``(1) In general.--Every person who makes a payment of
reportable death benefits during any taxable year shall make a
return for such taxable year (at such time and in such manner
as the Secretary shall prescribe) setting forth--
``(A) the name, address, and TIN of the person
making such payment,
``(B) the name, address, and TIN of each recipient
of such payment,
``(C) the date of each such payment, and
``(D) the amount of each such payment.
``(2) Statement to be furnished to persons with respect to
whom information is required.--Every person required to make a
return under this subsection shall furnish to each person whose
name is required to be set forth in such return a written
statement showing--
``(A) the name, address, and phone number of the
information contact of the person required to make such
return, and
``(B) the information required to be shown on such
return with respect to each recipient of payment whose
name is required to be set forth in such return.
``(d) Definitions.--For purposes of this section:
``(1) Payment.--The term `payment' means the amount of cash
and the fair market value of any consideration transferred in a
reportable policy sale.
``(2) Reportable policy sale.--The term `reportable policy
sale' has the meaning given such term in section 101(a)(3)(B).
``(3) Issuer.--The term `issuer' means any life insurance
company that bears the risk with respect to a life insurance
contract on the date any return or statement is required to be
made under this section.
``(4) Reportable death benefits.--The term `reportable
death benefits' means amounts paid by reason of the death of
the insured under a life insurance contract that has been
transferred in a reportable policy sale.''.
(b) Clerical Amendment.--The table of sections for subpart B of
part III of subchapter A of chapter 61 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 6050W
the following new item:
``Sec. 6050X. Returns relating to certain life insurance contract
transactions.''.
(c) Conforming Amendments.--
(1) Subsection (d) of section 6724 of the Internal Revenue
Code of 1986 is amended--
(A) by striking ``or'' at the end of clause (xxiv)
of paragraph (1)(B), by striking ``and'' at the end of
clause (xxv) of such paragraph and inserting ``or'',
and by inserting after such clause (xxv) the following
new clause:
``(xxvi) section 6050X (relating to returns
relating to certain life insurance contract
transactions), and'', and
(B) by striking ``or'' at the end of subparagraph
(GG) of paragraph (2), by striking the period at the
end of subparagraph (HH) of such paragraph and
inserting ``, or'', and by inserting after such
subparagraph (HH) the following new subparagraph:
``(II) subsection (a)(2), (b)(2), or (c)(2) of
section 6050X (relating to returns relating to certain
life insurance contract transactions).''.
(2) Section 6047 of such Code is amended--
(A) by redesignating subsection (g) as subsection
(h),
(B) by inserting after subsection (f) the following
new subsection:
``(g) Information Relating to Life Insurance Contract
Transactions.--This section shall not apply to any information which is
required to be reported under section 6050X.'', and
(C) by adding at the end of subsection (h), as so
redesignated, the following new paragraph:
``(4) For provisions requiring reporting of information
relating to certain life insurance contract transactions, see
section 6050X.''.
(d) Effective Date.--The amendments made by this section shall
apply to--
(1) reportable policy sales after December 31, 2012, and
(2) reportable death benefits paid after December 31, 2012.
SEC. 100113. CLARIFICATION OF TAX BASIS OF LIFE INSURANCE CONTRACTS.
(a) Clarification With Respect to Adjustments.--Paragraph (1) of
section 1016(a) of the Internal Revenue Code of 1986 is amended by
striking subparagraph (A) and all that follows and inserting the
following:
``(A) for--
``(i) taxes or other carrying charges
described in section 266; or
``(ii) expenditures described in section
173 (relating to circulation expenditures),
for which deductions have been taken by the taxpayer in
determining taxable income for the taxable year or
prior taxable years; or
``(B) for mortality, expense, or other reasonable
charges incurred under an annuity or life insurance
contract;''.
(b) Effective Date.--The amendment made by this section shall apply
to transactions entered into after August 25, 2009.
SEC. 100114. EXCEPTION TO TRANSFER FOR VALUABLE CONSIDERATION RULES.
(a) In General.--Subsection (a) of section 101 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(3) Exception to valuable consideration rules for
commercial transfers.--
``(A) In general.--The second sentence of paragraph
(2) shall not apply in the case of a transfer of a life
insurance contract, or any interest therein, which is a
reportable policy sale.
``(B) Reportable policy sale.--For purposes of this
paragraph, the term `reportable policy sale' means the
acquisition of an interest in a life insurance
contract, directly or indirectly, if the acquirer has
no substantial family, business, or financial
relationship with the insured apart from the acquirer's
interest in such life insurance contract. For purposes
of the preceding sentence, the term `indirectly'
applies to the acquisition of an interest in a
partnership, trust, or other entity that holds an
interest in the life insurance contract.''.
(b) Conforming Amendment.--Paragraph (1) of section 101(a) of the
Internal Revenue Code of 1986 is amended by striking ``paragraph (2)''
and inserting ``paragraphs (2) and (3)''.
(c) Effective Date.--The amendments made by this section shall
apply to transfers after December 31, 2012.
SEC. 100115. PHASED RETIREMENT AUTHORITY.
(a) CSRS.--Chapter 83 of title 5, United States Code, is amended--
(1) in section 8331--
(A) in paragraph (30) by striking ``and'' at the
end;
(B) in paragraph (31) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(32) `Director' means the Director of the Office of
Personnel Management.'';
(2) by inserting after section 8336 the following:
``Sec. 8336a. Phased retirement
``(a) For the purposes of this section--
``(1) the term `composite retirement annuity' means the
annuity computed when a phased retiree attains full retirement
status;
``(2) the term `full retirement status' means that a phased
retiree has ceased employment and is entitled, upon
application, to a composite retirement annuity;
``(3) the term `phased employment' means the less-than-
full-time employment of a phased retiree;
``(4) the term `phased retiree' means a retirement-eligible
employee who--
``(A) makes an election under subsection (b); and
``(B) has not entered full retirement status;
``(5) the term `phased retirement annuity' means the
annuity payable under this section before full retirement;
``(6) the term `phased retirement percentage' means the
percentage which, when added to the working percentage for a
phased retiree, produces a sum of 100 percent;
``(7) the term `phased retirement period' means the period
beginning on the date on which an individual becomes entitled
to receive a phased retirement annuity and ending on the date
on which the individual dies or separates from phased
employment;
``(8) the term `phased retirement status' means that a
phased retiree is concurrently employed in phased employment
and eligible to receive a phased retirement annuity;
``(9) the term `retirement-eligible employee'--
``(A) means an individual who, if the individual
separated from the service, would meet the requirements
for retirement under subsection (a) or (b) of section
8336; and
``(B) does not include--
``(i) an individual who, if the individual
separated from the service, would meet the
requirements for retirement under subsection
(c), (e), (m), or (n) of section 8336; or
``(ii) a law enforcement officer,
firefighter, nuclear materials courier, air
traffic controller, customs and border
protection officer, or member of the Capitol
Police or Supreme Court Police; and
``(10) the term `working percentage' means the percentage
of full-time employment equal the quotient obtained by
dividing--
``(A) the number of hours per pay period to be
worked by a phased retiree as scheduled in accordance
with subsection (b)(2); by
``(B) the number of hours per pay period to be
worked by an employee serving in a comparable position
on a full-time basis.
``(b)(1) With the concurrence of the head of the employing agency,
and under regulations promulgated by the Director, a retirement-
eligible employee who has been employed on a full time basis for not
less than the 3-year period ending on the date on which the retirement-
eligible employee makes an election under this subsection may elect to
enter phased retirement status.
``(2)(A) Subject to subparagraph (B), at the time of entering
phased retirement status, a phased retiree shall be appointed to a
position for which the working percentage is 50 percent.
``(B) The Director may, by regulation, provide for working
percentages different from the percentage specified under subparagraph
(A), which shall be not less than 20 percent and not more than 80
percent.
``(C) The working percentage for a phased retiree may not be
changed during the phased retiree's phased retirement period.
``(D)(i) Not less than 20 percent of the hours to be worked by a
phased retiree shall consist of mentoring.
``(ii) The Director may, by regulation, provide for exceptions to
the requirement under clause (i).
``(3) A phased retiree--
``(A) may not be employed in more than one position at any
time; and
``(B) may transfer to another position in the same or a
different agency, if the transfer does not result in a change
in the working percentage.
``(4) A retirement-eligible employee may make only one election
under this subsection during the retirement-eligible employee's
lifetime.
``(5) A retirement-eligible employee who makes an election under
this subsection may not make an election under section 8343a.
``(c)(1) Except as otherwise provided under this subsection, the
phased retirement annuity for a phased retiree is the product obtained
by multiplying--
``(A) the amount of an annuity computed under section 8339
that would have been payable to the phased retiree if, on the
date on which the phased retiree enters phased retirement
status, the phased retiree had separated from service and
retired under section 8336(a) or (b); by
``(B) the phased retirement percentage for the phased
retiree.
``(2) A phased retirement annuity shall be paid in addition to the
basic pay for the position to which a phased retiree is appointed
during phased employment.
``(3) A phased retirement annuity shall be adjusted in accordance
with section 8340.
``(4)(A) A phased retirement annuity shall not be subject to
reduction for any form of survivor annuity, shall not serve as the
basis of the computation of any survivor annuity, and shall not be
subject to any court order requiring a survivor annuity to be provided
to any individual.
``(B) A phased retirement annuity shall be subject to a court order
providing for division, allotment, assignment, execution, levy,
attachment, garnishment, or other legal process on the same basis as
other annuities.
``(5) Any reduction of a phased retirement annuity based on an
election under section 8334(d)(2) shall be applied to the phased
retirement annuity after computation under paragraph (1).
``(6)(A) Any deposit, or election of an actuarial annuity reduction
in lieu of a deposit, for military service or for creditable civilian
service for which retirement deductions were not made or refunded shall
be made by a retirement-eligible employee at or before the time the
retirement-eligible employee enters phased retirement status. No such
deposit may be made, or actuarial adjustment in lieu thereof elected,
at the time a phased retiree enters full retirement status.
``(B) Notwithstanding subparagraph (A), if a phased retiree does
not make such a deposit and dies in service as a phased retiree, a
survivor of the phased retiree shall have the same right to make such
deposit as would have been available had the employee not entered
phased retirement status and died in service.
``(C) If a phased retiree makes an election for an actuarial
annuity reduction under section 8334(d)(2) and dies in service as a
phased retiree, the amount of any deposit upon which such actuarial
reduction shall have been based shall be deemed to have been fully
paid.
``(7) A phased retirement annuity shall commence on the date on
which a phased retiree enters phased employment.
``(8) No unused sick leave credit may be used in the computation of
the phased retirement annuity.
``(d) All basic pay not in excess of the full-time rate of pay for
the position to which a phased retiree is appointed shall be deemed to
be basic pay for purposes of section 8334.
``(e) Under such procedures as the Director may prescribe, a phased
retiree may elect to enter full retirement status at any time. Upon
making such an election, a phased retiree shall be entitled to a
composite retirement annuity.
``(f)(1) Except as provided otherwise under this subsection, a
composite retirement annuity is a single annuity computed under
regulations prescribed by the Director, equal to the sum of--
``(A) the amount of the phased retirement annuity as of the
date of full retirement, before any reduction based on an
election under section 8334(d)(2), and including any
adjustments made under section 8340; and
``(B) the product obtained by multiplying--
``(i) the amount of an annuity computed under
section 8339 that would have been payable at the time
of full retirement if the individual had not elected a
phased retirement and as if the individual was employed
on a full-time basis in the position occupied during
the phased retirement period and before any reduction
for survivor annuity or reduction based on an election
under section 8334(d)(2); by
``(ii) the working percentage.
``(2) After computing a composite retirement annuity under
paragraph (1), the Director shall adjust the amount of the annuity for
any applicable reductions for a survivor annuity and any previously
elected actuarial reduction under section 8334(d)(2).
``(3) A composite retirement annuity shall be adjusted in
accordance with section 8340, except that subsection (c)(1) of that
section shall not apply.
``(4) In computing a composite retirement annuity under paragraph
(1)(B)(i), the unused sick leave to the credit of a phased retiree at
the time of entry into full retirement status shall be adjusted by
dividing the number of hours of unused sick leave by the working
percentage.
``(g)(1) Under such procedures and conditions as the Director may
provide, and with the concurrence of the head of the employing agency,
a phased retiree may elect to terminate phased retirement status and
return to a full-time work schedule.
``(2) Upon entering a full-time work schedule based upon an
election under paragraph (1), the phased retirement annuity of a phased
retiree shall terminate.
``(3) After the termination of a phased retirement annuity under
this subsection, the individual's rights under this subchapter shall be
determined based on the law in effect at the time of any subsequent
separation from service. For purposes of this subchapter or chapter 84,
at time of the subsequent separation from service, the phased
retirement period shall be treated as if it had been a period of part-
time employment with the work schedule described in subsection (b)(2).
``(h) For purposes of section 8341--
``(1) the death of a phased retiree shall be deemed to be
the death in service of an employee; and
``(2) the phased retirement period shall be deemed to have
been a period of part-time employment with the work schedule
described in subsection (b)(2).
``(i) Employment of a phased retiree shall not be deemed to be
part-time career employment, as defined in section 3401(2).
``(j) A phased retiree is not eligible to apply for an annuity
under section 8337.
``(k) For purposes of section 8341(h)(4), retirement shall be
deemed to occur on the date on which a phased retiree enters into full
retirement status.
``(l) For purposes of sections 8343 and 8351, and subchapter III of
chapter 84, a phased retiree shall be deemed to be an employee.
``(m) A phased retiree is not subject to section 8344.
``(n) For purposes of chapter 87, a phased retiree shall be deemed
to be receiving basic pay at the rate of a full-time employee in the
position to which the phased retiree is appointed.''; and
(3) in the table of sections by inserting after the item
relating to section 8336 the following:
``8336a. Phased retirement.''.
(b) FERS.--Chapter 84 of title 5, United States Code, is amended--
(1) by inserting after section 8412 the following new
section:
``Sec. 8412a. Phased retirement
``(a) For the purposes of this section--
``(1) the term `composite retirement annuity' means the
annuity computed when a phased retiree attains full retirement
status;
``(2) the term `full retirement status' means that a phased
retiree has ceased employment and is entitled, upon
application, to a composite retirement annuity;
``(3) the term `phased employment' means the less-than-
full-time employment of a phased retiree;
``(4) the term `phased retiree' means a retirement-eligible
employee who--
``(A) makes an election under subsection (b); and
``(B) has not entered full retirement status;
``(5) the term `phased retirement annuity' means the
annuity payable under this section before full retirement;
``(6) the term `phased retirement percentage' means the
percentage which, when added to the working percentage for a
phased retiree, produces a sum of 100 percent;
``(7) the term `phased retirement period' means the period
beginning on the date on which an individual becomes entitled
to receive a phased retirement annuity and ending on the date
on which the individual dies or separates from phased
employment;
``(8) the term `phased retirement status' means that a
phased retiree is concurrently employed in phased employment
and eligible to receive a phased retirement annuity;
``(9) the term `retirement-eligible employee'--
``(A) means an individual who, if the individual
separated from the service, would meet the requirements
for retirement under subsection (a) or (b) of section
8412; and
``(B) does not include--
``(i) an individual who, if the individual
separated from the service, would meet the
requirements for retirement under subsection
(d) or (e) of section 8412; or
``(ii) a law enforcement officer,
firefighter, nuclear materials courier, air
traffic controller, customs and border
protection officer, or member of the Capitol
Police or Supreme Court Police; and
``(10) the term `working percentage' means the percentage
of full-time employment equal to the quotient obtained by
dividing--
``(A) the number of hours per pay period to be
worked by a phased retiree as scheduled in accordance
with subsection (b)(2); by
``(B) the number of hours per pay period to be
worked by an employee serving in a comparable position
on a full-time basis.
``(b)(1) With the concurrence of the head of the employing agency,
and under regulations promulgated by the Director, a retirement-
eligible employee who has been employed on a full time basis for not
less than the 3-year period ending on the date on which the retirement-
eligible employee makes an election under this subsection may elect to
enter phased retirement status.
``(2)(A) Subject to subparagraph (B), at the time of entering
phased retirement status, a phased retiree shall be appointed to a
position for which the working percentage is 50 percent.
``(B) The Director may, by regulation, provide for working
percentages different from the percentage specified under subparagraph
(A), which shall be not less than 20 percent and not more than 80
percent.
``(C) The working percentage for a phased retiree may not be
changed during the phased retiree's phased retirement period.
``(D)(i) Not less than 20 percent of the hours to be worked by a
phased retiree shall consist of mentoring.
``(ii) The Director may, by regulation, provide for exceptions to
the requirement under clause (i).
``(3) A phased retiree--
``(A) may not be employed in more than one position at any
time; and
``(B) may transfer to another position in the same or a
different agency, if the transfer does not result in a change
in the working percentage.
``(4) A retirement-eligible employee may make only one election
under this subsection during the retirement-eligible employee's
lifetime.
``(5) A retirement-eligible employee who makes an election under
this subsection may not make an election under section 8420a.
``(c)(1) Except as otherwise provided under this subsection, the
phased retirement annuity for a phased retiree is the product obtained
by multiplying--
``(A) the amount of an annuity computed under section 8415
that would have been payable to the phased retiree if, on the
date on which the phased retiree enters phased retirement
status, the phased retiree had separated from service and
retired under section 8412 (a) or (b); by
``(B) the phased retirement percentage for the phased
retiree.
``(2) A phased retirement annuity shall be paid in addition to the
basic pay for the position to which a phased retiree is appointed
during the phased employment.
``(3) A phased retirement annuity shall be adjusted in accordance
with section 8462.
``(4)(A) A phased retirement annuity shall not be subject to
reduction for any form of survivor annuity, shall not serve as the
basis of the computation of any survivor annuity, and shall not be
subject to any court order requiring a survivor annuity to be provided
to any individual.
``(B) A phased retirement annuity shall be subject to a court order
providing for division, allotment, assignment, execution, levy,
attachment, garnishment, or other legal process on the same basis as
other annuities.
``(5)(A) Any deposit, or election of an actuarial annuity reduction
in lieu of a deposit, for military service or for creditable civilian
service for which retirement deductions were not made or refunded,
shall be made by a retirement-eligible employee at or before the time
the retirement-eligible employee enters phased retirement status. No
such deposit may be made, or actuarial adjustment in lieu thereof
elected, at the time a phased retiree enters full retirement status.
``(B) Notwithstanding subparagraph (A), if a phased retiree does
not make such a deposit and dies in service as a phased retiree, a
survivor of the phased retiree shall have the same right to make such
deposit as would have been available had the employee not entered
phased retirement status and died in service.
``(6) A phased retirement annuity shall commence on the date on
which a phased retiree enters phased employment.
``(7) No unused sick leave credit may be used in the computation of
the phased retirement annuity.
``(d) All basic pay not in excess of the full-time rate of pay for
the position to which a phased retiree is appointed shall be deemed to
be basic pay for purposes of section 8422 and 8423.
``(e) Under such procedures as the Director may prescribe, a phased
retiree may elect to enter full retirement status at any time. Upon
making such an election, a phased retiree shall be entitled to a
composite retirement annuity.
``(f)(1) Except as provided otherwise under this subsection, a
composite retirement annuity is a single annuity computed under
regulations prescribed by the Director, equal to the sum of--
``(A) the amount of the phased retirement annuity as of the
date of full retirement, including any adjustments made under
section 8462; and
``(B) the product obtained by multiplying--
``(i) the amount of an annuity computed under
section 8412 that would have been payable at the time
of full retirement if the individual had not elected a
phased retirement and as if the individual was employed
on a full-time basis in the position occupied during
the phased retirement period and before any adjustment
to provide for a survivor annuity; by
``(ii) the working percentage;
``(2) After computing a composite retirement annuity under
paragraph (1), the Director shall adjust the amount of the annuity for
any applicable reductions for a survivor annuity.
``(3) A composite retirement annuity shall be adjusted in
accordance with section 8462, except that subsection (c)(1) of that
section shall not apply.
``(4) In computing a composite retirement annuity under paragraph
(1)(B)(i), the unused sick leave to the credit of a phased retiree at
the time of entry into full retirement status shall be adjusted by
dividing the number of hours of unused sick leave by the working
percentage.
``(g)(1) Under such procedures and conditions as the Director may
provide, and with the concurrence of the head of employing agency, a
phased retiree may elect to terminate phased retirement status and
return to a full-time work schedule.
``(2) Upon entering a full-time work schedule based on an election
under paragraph (1), the phased retirement annuity of a phased retiree
shall terminate.
``(3) After termination of the phased retirement annuity under this
subsection, the individual's rights under this chapter shall be
determined based on the law in effect at the time of any subsequent
separation from service. For purposes of this chapter, at the time of
the subsequent separation from service, the phased retirement period
shall be treated as if it had been a period of part-time employment
with the work schedule described in subsection (b)(2).
``(h) For purposes of subchapter IV--
``(1) the death of a phased retiree shall be deemed to be
the death in service of an employee;
``(2) except for purposes of section 8442(b)(1)(A)(i), the
phased retirement period shall be deemed to have been a period
of part-time employment with the work schedule described in
subsection (b)(2) of this section; and
``(3) for purposes of section 8442(b)(1)(A)(i), the phased
retiree shall be deemed to have been at the full-time rate of
pay for the position occupied.
``(i) Employment of a phased retiree shall not be deemed to be
part-time career employment, as defined in section 3401(2).
``(j) A phased retiree is not eligible to receive an annuity
supplement under section 8421.
``(k) For purposes of subchapter III, a phased retiree shall be
deemed to be an employee.
``(l) For purposes of section 8445(d), retirement shall be deemed
to occur on the date on which a phased retiree enters into full
retirement status.
``(m) A phased retiree is not eligible to apply for an annuity
under subchapter V.
``(n) A phased retiree is not subject to section 8468.
``(o) For purposes of chapter 87, a phased retiree shall be deemed
to be receiving basic pay at the rate of a full-time employee in the
position to which the phased retiree is appointed.''; and
(2) in the table of sections by inserting after the item
relating to section 8412 the following:
``8412a. Phased retirement.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the effective date of the implementing regulations issued by
the Director of the Office of Personnel Management.
SEC. 100116. ROLL-YOUR-OWN CIGARETTE MACHINES.
(a) In General.--Subsection (d) of section 5702 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
flush sentence:
``Such term shall include any person who for commercial purposes makes
available for consumer use (including such consumer's personal
consumption or use under paragraph (1)) a machine capable of making
cigarettes, cigars, or other tobacco products. A person making such a
machine available for consumer use shall be deemed the person making
the removal as defined by subsection (j) with respect to any tobacco
products manufactured by such machine.''.
(b) Effective Date.--The amendment made by this section shall apply
to articles removed after the date of the enactment of this Act.
TITLE II--STOP TAX HAVEN ABUSE
SEC. 100201. AUTHORIZING SPECIAL MEASURES AGAINST FOREIGN
JURISDICTIONS, FINANCIAL INSTITUTIONS, AND OTHERS THAT
SIGNIFICANTLY IMPEDE UNITED STATES TAX ENFORCEMENT.
Section 5318A of title 31, United States Code, is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 5318A. Special measures for jurisdictions, financial
institutions, or international transactions that are of
primary money laundering concern or significantly impede
United States tax enforcement'';
(2) in subsection (a), by striking the subsection heading
and inserting the following:
``(a) Special Measures To Counter Money Laundering and Efforts to
Significantly Impede United States Tax Enforcement.--'';
(3) in subsection (c)--
(A) by striking the subsection heading and
inserting the following:
``(c) Consultations and Information To Be Considered in Finding
Jurisdictions, Institutions, Types of Accounts, or Transactions To Be
of Primary Money Laundering Concern or To Be Significantly Impeding
United States Tax Enforcement.--''; and
(B) by inserting at the end of paragraph (2)
thereof the following new subparagraph:
``(C) Other considerations.--The fact that a
jurisdiction or financial institution is cooperating
with the United States on implementing the requirements
specified in chapter 4 of the Internal Revenue Code of
1986 may be favorably considered in evaluating whether
such jurisdiction or financial institution is
significantly impeding United States tax
enforcement.'';
(4) in subsection (a)(1), by inserting ``or is
significantly impeding United States tax enforcement'' after
``primary money laundering concern'';
(5) in subsection (a)(4)--
(A) in subparagraph (A)--
(i) by inserting ``in matters involving
money laundering,'' before ``shall consult'';
and
(ii) by striking ``and'' at the end;
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following:
``(B) in matters involving United States tax
enforcement, shall consult with the Commissioner of the
Internal Revenue, the Secretary of State, the Attorney
General of the United States, and in the sole
discretion of the Secretary, such other agencies and
interested parties as the Secretary may find to be
appropriate; and'';
(6) in each of paragraphs (1)(A), (2), (3), and (4) of
subsection (b), by inserting ``or to be significantly impeding
United States tax enforcement'' after ``primary money
laundering concern'' each place that term appears;
(7) in subsection (b), by striking paragraph (5) and
inserting the following:
``(5) Prohibitions or conditions on opening or maintaining
certain correspondent or payable-through accounts or
authorizing certain payment cards.--If the Secretary finds a
jurisdiction outside of the United States, 1 or more financial
institutions operating outside of the United States, or 1 or
more classes of transactions within or involving a jurisdiction
outside of the United States to be of primary money laundering
concern or to be significantly impeding United States tax
enforcement, the Secretary, in consultation with the Secretary
of State, the Attorney General of the United States, and the
Chairman of the Board of Governors of the Federal Reserve
System, may prohibit, or impose conditions upon--
``(A) the opening or maintaining in the United
States of a correspondent account or payable-through
account; or
``(B) the authorization, approval, or use in the
United States of a credit card, charge card, debit
card, or similar credit or debit financial instrument
by any domestic financial institution, financial
agency, or credit card company or association, for or
on behalf of a foreign banking institution, if such
correspondent account, payable-through account, credit
card, charge card, debit card, or similar credit or
debit financial instrument, involves any such
jurisdiction or institution, or if any such transaction
may be conducted through such correspondent account,
payable-through account, credit card, charge card,
debit card, or similar credit or debit financial
instrument.''; and
(8) in subsection (c)(1), by inserting ``or is
significantly impeding United States tax enforcement'' after
``primary money laundering concern'';
(9) in subsection (c)(2)(A)--
(A) in clause (ii), by striking ``bank secrecy or
special regulatory advantages'' and inserting ``bank,
tax, corporate, trust, or financial secrecy or
regulatory advantages'';
(B) in clause (iii), by striking ``supervisory and
counter-money'' and inserting ``supervisory,
international tax enforcement, and counter-money'';
(C) in clause (v), by striking ``banking or
secrecy'' and inserting ``banking, tax, or secrecy'';
and
(D) in clause (vi), by inserting ``, tax treaty, or
tax information exchange agreement'' after ``treaty'';
(10) in subsection (c)(2)(B)--
(A) in clause (i), by inserting ``or tax evasion''
after ``money laundering''; and
(B) in clause (iii), by inserting ``, tax
evasion,'' after ``money laundering''; and
(11) in subsection (d), by inserting ``involving money
laundering, and shall notify, in writing, the Committee on
Finance of the Senate and the Committee on Ways and Means of
the House of Representatives of any such action involving
United States tax enforcement'' after ``such action''.
DIVISION G--AIR TRANSPORTATION
SEC. 100301. TECHNICAL CORRECTIONS RELATING TO OVERFLIGHTS OF NATIONAL
PARKS.
(a) In General.--Section 40128 of title 49, United States Code, is
amended to read as follows:
``Sec. 40128. Overflights of national parks
``(a) In General.--
``(1) General delineation of responsibilities.--
``(A) Authority of director.--The Director has the
authority to establish air tour management plans, issue
air tour permits for commercial air tour operations
conducted in accordance with an air tour management
plan, enter into a voluntary agreement with a
commercial air tour operator, and issue interim
operating permits under subsection (c).
``(B) Authority of administrator.--The
Administrator has the authority to ensure that any
action taken under this section does not adversely
affect aviation safety or the management of the
national airspace system.
``(2) General requirements.--A commercial air tour operator
may not conduct commercial air tour operations over a national
park or tribal lands, as defined by this section, except--
``(A) in accordance with this section;
``(B) in accordance with conditions and limitations
prescribed for that operator; and
``(C) in accordance with any applicable air tour
management plan or voluntary agreement developed under
subsection (b) for the park or tribal lands.
``(3) Application for operating authority.--
``(A) Application required.--Before commencing
commercial air tour operations over a national park or
tribal lands, a commercial air tour operator shall
apply to the Director for authority to conduct the
operations over the park or tribal lands.
``(B) Number of operations authorized.--In
determining the number of authorizations to issue to
provide commercial air tour operations over a national
park, the Director shall take into consideration the
provisions of the air tour management plan, the number
of existing commercial air tour operators and current
level of service and equipment provided by any such
operators, and the financial viability of each
commercial air tour operation.
``(C) Consultation with faa.--Before granting an
application under this paragraph, the Director, in
consultation with the Administrator, shall develop an
air tour management plan in accordance with subsection
(b) and implement such plan.
``(D) Time limit on response to atmp
applications.--The Director shall make every effort to
act on any application under this paragraph and issue a
decision on the application not later than 24 months
after it is received or amended.
``(E) Priority.--In acting on applications under
this paragraph to provide commercial air tour
operations over a national park, the Director shall
give priority to an application under this paragraph in
any case in which a new entrant commercial air tour
operator is seeking operating authority with respect to
that national park.
``(4) Exception.--Notwithstanding paragraph (2), commercial
air tour operators may conduct commercial air tour operations
over a national park under part 91 of the title 14, Code of
Federal Regulations, if--
``(A) such activity is permitted under part 119 of
such title;
``(B) the total number of operations under this
exception is limited to not more than five flights in
any 30-day period over a particular park; and
``(C) the operator complies with the conditions
under which the operations will be conducted as
established by the Director, in consultation with the
Administrator.
``(5) Special rule for safety requirements.--Before
receiving a permit issued under this section, a commercial air
tour operator shall have obtained the appropriate operating
authority as required by the Administrator under part 119, 121,
or 135 of title 14, Code of Federal Regulations, to conduct
operations under this section.
``(6) Exemption for national parks with 50 or fewer flights
each year.--
``(A) In general.--A national park that has 50 or
fewer commercial air tour operations over the park each
year shall be exempt from the requirements of this
section, except as provided in subparagraph (B).
``(B) Withdrawal of exemption.--If the Director
determines that an air tour management plan or
voluntary agreement is necessary to protect park
resources and values or park visitor use and enjoyment,
the Director shall withdraw the exemption of a park
under subparagraph (A).
``(C) List of parks.--The Director shall maintain a
list each year of national parks that are covered by
the exemption provided under this paragraph.
``(b) Air Tour Management Plans.--
``(1) Establishment.--
``(A) In general.--The Director, in consultation
with the Administrator, shall establish an air tour
management plan for any national park or tribal land
for which such a plan is not in effect whenever a
person applies for authority to conduct a commercial
air tour operation over the park. The air tour
management plan shall be developed by means of a public
process in accordance with paragraph (4).
``(B) Objective.--The objective of any air tour
management plan shall be to develop acceptable and
effective measures to mitigate or prevent the
significant adverse impacts, if any, of commercial air
tour operations upon the natural and cultural
resources, visitor experiences, and tribal lands.
``(C) Exception.--An application to begin
commercial air tour operations at Crater Lake National
Park may be denied without the establishment of an air
tour management plan by the Director of the National
Park Service if the Director determines that such
operations would adversely affect park resources or
visitor experiences.
``(2) Environmental determination.--In establishing an air
tour management plan and issuing a permit for a commercial air
tour operator under this section, the Director shall comply
with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.). Any environmental thresholds, analyses, impact
determinations, and conditions prepared or used by the Director
to establish an air tour management plan or issue a permit
under this section shall have no broader application or be
given deference beyond this section.
``(3) Contents.--An air tour management plan for a national
park--
``(A) may prohibit commercial air tour operations
over a national park in whole or in part;
``(B) may establish conditions for the conduct of
commercial air tour operations over a national park,
including commercial air tour routes, maximum or
minimum altitudes, time-of-day restrictions,
restrictions for particular events, maximum number of
flights per unit of time, intrusions on privacy on
tribal lands, and mitigation of noise, visual, or other
impacts;
``(C) shall apply to all commercial air tour
operations over a national park that are also within
\1/2\ mile outside the boundary of a national park;
``(D) shall include incentives (such as preferred
commercial air tour routes and altitudes, relief from
caps and curfews) for the adoption of quiet aircraft
technology by commercial air tour operators conducting
commercial air tour operations over a national park
when practicable;
``(E) shall provide for the initial allocation of
opportunities to conduct commercial air tour operations
over a national park if the plan includes a limitation
on the number of commercial air tour operations for any
time period;
``(F) may not have been found to have adverse
effects on aviation safety or the management of the
national airspace system by the Administrator; and
``(G) shall justify and document the need for
measures taken pursuant to subparagraphs (A) through
(F).
``(4) Procedure.--In establishing an air tour management
plan for a national park or tribal lands, the Director shall--
``(A) hold at least one public meeting with
interested parties to develop the air tour management
plan;
``(B) publish a notice of availability of the
proposed plan in the Federal Register for notice and
comment and make copies of the proposed plan available
to the public;
``(C) comply with the regulations set forth in
parts 1500 through 1508 of title 40, Code of Federal
Regulations;
``(D) solicit the participation of any Indian tribe
whose tribal lands are, or may be, overflown by
aircraft involved in a commercial air tour operation
over the park or tribal lands to which the plan
applies, as a cooperating agency under the regulations
referred to in subparagraph (C); and
``(E) consult with the Administrator with respect
to effects on aviation safety and the management of the
national airspace system.
``(5) Judicial review.--An air tour management plan
developed under this subsection shall be subject to judicial
review pursuant to chapter 7 of title 5, United States Code.
``(6) Amendments and revocations.--The Director may make
amendments to an air tour management plan and any permits
issued pursuant to an air tour management plan, and may revoke
permits. The Director shall consult with the Administrator to
ensure that any such amendments or revocations will not
adversely affect aviation safety or the management of the
national airspace system. Any such amendments and revocations
shall be published in the Federal Register for notice and
comment. A request for amendment of an air tour management plan
or permit shall be made in such form and manner as the Director
may prescribe.
``(7) Voluntary agreements.--
``(A) In general.--As an alternative to an air tour
management plan, the Director may enter into a
voluntary agreement with a commercial air tour operator
(including a new entrant commercial air tour operator
and an operator that has an interim operating permit)
that has applied to conduct commercial air tour
operations over a national park to manage commercial
air tour operations over such national park.
``(B) Park protection.--A voluntary agreement
entered into under subparagraph (A) shall protect the
national park resources, values, and visitor experience
without compromising aviation safety or the management
of the national airspace system and may--
``(i) include provisions such as those
included in the content of an air tour
management plan;
``(ii) include provisions to ensure the
stability of, and compliance with, the
voluntary agreement; and
``(iii) provide for fees for such
operations.
``(C) Public review.--The Director shall provide an
opportunity for public review of a proposed voluntary
agreement under this paragraph and shall consult with
any Indian tribe whose tribal lands are, or may be,
flown over by a commercial air tour operator under a
voluntary agreement under this paragraph. After such
opportunity for public review and consultation, the
voluntary agreement may be implemented without further
administrative or environmental process beyond that
described in this subsection.
``(D) Termination.--
``(i) In general.--A voluntary agreement
under this paragraph may be terminated at any
time at the discretion of--
``(I) the Director, if the Director
determines that the agreement is not
adequately protecting park resources or
visitor experiences; or
``(II) the Administrator, if the
Administrator determines that the
agreement is adversely affecting
aviation safety or the national
airspace system.
``(ii) Effect of termination.--If a
voluntary agreement with respect to a national
park is terminated under this subparagraph, the
operators shall conform to the requirements for
an interim operating permit under subsection
(c) until an air tour management plan for the
park is in effect.
``(c) Interim Operating Authority.--
``(1) In general.--Interim operating authority granted by
the Administrator under this subsection, as in effect on the
day before the date of the enactment of the Moving Ahead for
Progress in the 21st Century Act, shall, on and after such date
of enactment, be known as an interim operating permit and be
administered by the Director in accordance with the conditions
of this subsection.
``(2) Requirements and limitations.--An interim operating
permit--
``(A) shall maintain the same annual authorizations
as provided for interim operating authority under this
subsection, as in effect on the day before the date of
the enactment of the Moving Ahead for Progress in the
21st Century Act; and
``(B) may not provide for an increase in the number
of commercial air tour operations over a national park
conducted during any time period by the commercial air
tour operator above the number that the air tour
operator was granted unless such an increase is
approved by the Director in consultation with the
Administrator;
``(C) may be revoked by the Director for cause;
``(D) shall terminate 180 days after the date on
which an air tour management plan is established for
the park or tribal lands;
``(E) shall promote protection of national park
resources, visitor experiences, and tribal lands;
``(F) shall promote safe commercial air tour
operations;
``(G) shall promote the adoption of quiet
technology, as appropriate; and
``(H) may allow for modifications of the interim
operating permit without further environmental review
beyond that described in this subsection, if--
``(i) adequate information regarding the
existing and proposed operations of the
operator under the interim operating permit is
provided to the Director;
``(ii) the Director agrees with the
modification, based on the professional
expertise of the Director regarding the
protection of the resources, values, and
visitor use and enjoyment of the park; and
``(iii) the Director receives advice in
writing from the Administrator that there would
be no adverse impact on aviation safety or the
national airspace system.
``(3) Modifications and revocations.--Any modification or
revocation of an interim operating permit shall be published in
the Federal Register to provide notice and opportunity for
comment.
``(4) New entrant air tour operators.--
``(A) In general.--The Director, in consultation
with the Administrator, may grant an interim operating
permit under this paragraph to an air tour operator for
a national park or tribal lands for which that operator
is a new entrant air tour operator without further
environmental process beyond that described in this
paragraph, if--
``(i) adequate information on the proposed
operations of the operator is provided to the
Director by the operator making the request;
``(ii) the Director agrees, based on the
Director's professional expertise regarding the
protection of park resources and values and
visitor use and enjoyment; and
``(iii) the Director receives advice in
writing from the Administrator that there would
be no adverse impact on aviation safety or the
national airspace system.
``(B) Safety limitation.--The Director may not
grant an interim operating permit under subparagraph
(A) if the Administrator determines that it would
create a safety problem at the park or on the tribal
lands, or the Director determines that it would create
a noise problem at the park or on the tribal lands.
``(d) Commercial Air Tour Operator Reports.--
``(1) Report.--Each commercial air tour operator conducting
a commercial air tour operation over a national park under an
interim operating permit granted under subsection (c) or in
accordance with an air tour management plan or voluntary
agreement under subsection (b) shall submit to the Director a
report regarding the number of commercial air tour operations
over each national park that are conducted by the operator and
such other information as the Director may request in order to
facilitate administering the provisions of this section.
``(2) Report submission.--The Director shall issue a
request for reports under this subsection. The reports shall be
submitted to the Director with a frequency and in a format
prescribed by the Director.
``(e) Collection of Fees From Air Tour Operations.--
``(1) In general.--The Director shall determine and assess
a fee under paragraph (2) on a commercial air tour operator
conducting commercial air tour operations over a national park,
including the Grand Canyon National Park.
``(2) Amount of fee.--In determining the amount of the fee
assessed under paragraph (1), the Director shall collect
sufficient revenue, in the aggregate, to pay for the expenses
incurred by the Federal Government to develop and enforce air
tour management plans for national parks.
``(3) Effect of failure to pay fee.--The Director may
assess a civil penalty against or revoke the interim operating
permit or air tour permit, whichever is applicable, of a
commercial air tour operator conducting commercial air tour
operations over any national park, including the Grand Canyon
National Park, that has not paid the fee assessed by the
Director under paragraph (1) by the date that is 180 days after
the date on which the Director determines the fee shall be
paid.
``(4) Funding for air tour management plans.--The Director
shall use the amounts collected to develop and enforce air tour
management plans for the national parks the Director determines
would most benefit from such a plan.
``(f) Civil Penalties.--
``(1) In general.--Any person who violates any provision of
this section or any regulation or permit issued under this
section may be assessed a civil penalty by the Director of not
more than $25,000 for each such violation.
``(2) Knowing violations.--Any person who knowingly
violates any provision of this section or any regulation or
permit issued under this section may be assessed a civil
penalty by the Director of not more than $50,000 for each
violation.
``(3) Procedures.--A penalty may not be assessed under this
subsection on a person unless the person is given notice and
opportunity for a hearing with respect to the violation for
which the penalty is assessed. Each violation of this section
or a regulation or permit issued under this section shall be a
separate offense. Any civil penalty assessed under this
subsection may be remitted or mitigated by the Director. Upon
any failure by a person to pay a penalty assessed under this
subsection, the Director may request the Attorney General to
institute a civil action in a district court of the United
States for any district in which the person is found, resides,
or transacts business to collect the penalty and such court
shall have jurisdiction to hear and decide any such action. The
court shall hear such action on the record made before the
Director and shall sustain his action if it is supported by
substantial evidence on the record considered as a whole.
``(4) Administrative proceedings.--Hearings held during
proceedings for the assessment of civil penalties under this
subsection shall be conducted in accordance with section 554 of
title 5, United States Code. The Director may issue subpoenas
for the attendance and testimony of witnesses and the
production of relevant papers, books, and documents, and
administer oaths. Witnesses summoned shall be paid the same
fees and mileage that are paid to witnesses in the courts of
the United States. In case of contumacy or refusal to obey a
subpoena served upon any person pursuant to this paragraph, the
district court of the United States for any district in which
such person is found or resides or transacts business, upon
application by the United States and after notice to the
person, shall have jurisdiction to issue an order requiring the
person to appear and give testimony before the Director or to
appear and produce documents before the Director, or both, and
any failure to obey the order of the court may be punished by
such court as a contempt thereof.
``(g) Enforcement.--The provisions of this section and any
regulations or permits issued under this section may be enforced by the
Director or the Administrator, as appropriate. The Director may utilize
by agreement, with or without reimbursement, the personnel, services,
and facilities of any other Federal agency or any State agency for
purposes of enforcing this section. The decisions of the Director under
this subsection shall not have broader application or be given
deference beyond this section. The Administrator shall retain
enforcement authority over matters involving the safety and efficiency
of the national airspace system.
``(h) Exemptions.--This section shall not apply to--
``(1) the Grand Canyon National Park; or
``(2) tribal lands within or abutting the Grand Canyon
National Park.
``(i) Lake Mead.--This section shall not apply to any air tour
operator while flying over or near the Lake Mead National Recreation
Area, solely as a transportation route, to conduct an air tour over the
Grand Canyon National Park. For purposes of this subsection, an air
tour operator flying over the Hoover Dam in the Lake Mead National
Recreation Area en route to the Grand Canyon National Park shall be
deemed to be flying solely as a transportation route.
``(j) Severable Services Contracts for Periods Crossing Fiscal
Years.--
``(1) In general.--For purposes of this section, the
Director may enter into a contract for procurement of severable
services for a period that begins during one fiscal year and
ends in the next fiscal year if (without regard to any option
to extend the period of the contract) the period of the
contract does not exceed 1 year.
``(2) Obligation of funds.--Funds made available for a
fiscal year may be obligated for the total amount of a contract
entered into under the authority of paragraph (1).
``(k) Responsibilities and Authorities of Administrator.--
``(1) In general.--The Administrator shall advise the
Director in writing of any adverse effects on aviation safety
and or management of the national airspace system for any
proposed action taken under this section.
``(2) Amendments to authorization for commercial air tour
operators.--The Administrator, in consultation with the
Director, may amend any authorization for a commercial air tour
operator to include conditions set forth in any permit issued
under this section or to address any adverse effect on aviation
safety.
``(3) Rule of construction.--Nothing in this section shall
be construed to limit or abrogate the Administrator's authority
to ensure the safety and efficiency of the national airspace
system.
``(l) Definitions.--In this section, the following definitions
apply:
``(1) Commercial air tour operator.--The term `commercial
air tour operator' means any person who conducts a commercial
air tour operation over a national park.
``(2) Existing commercial air tour operator.--The term
`existing commercial air tour operator' means a commercial air
tour operator that was actively engaged in the business of
providing commercial air tour operations over a national park
at any time during the 12-month period ending on the date of
the enactment of this section.
``(3) New entrant commercial air tour operator.--The term
`new entrant commercial air tour operator' means a commercial
air tour operator that--
``(A) applies for an interim operating permit or
air tour permit as a commercial air tour operator for a
national park or tribal lands; and
``(B) has not engaged in the business of providing
commercial air tour operations over the national park
or tribal lands in the 12-month period preceding the
application.
``(4) Commercial air tour operation over a national park.--
``(A) In general.--The term `commercial air tour
operation over a national park' means any flight,
conducted for compensation or hire in a powered
aircraft where a purpose of the flight is sightseeing
over a national park, within \1/2\ mile outside the
boundary of any national park (except the Grand Canyon
National Park), or over tribal lands (except those
within or abutting the Grand Canyon National Park),
during which the aircraft flies--
``(i) below a minimum altitude, determined
by the Administrator in cooperation with the
Director, above ground level (except solely for
purposes of takeoff or landing, or necessary
for safe operation of an aircraft as determined
under the rules and regulations of the Federal
Aviation Administration requiring the pilot-in-
command to take action to ensure the safe
operation of the aircraft); or
``(ii) less than 1 mile laterally from any
geographic feature within the park (unless more
than \1/2\ mile outside the boundary).
``(B) Factors to consider.--In making a
determination of whether a flight is a commercial air
tour operation over a national park for purposes of
this section, the Administrator may consider--
``(i) whether there was a holding out to
the public of willingness to conduct a
sightseeing flight for compensation or hire;
``(ii) whether a narrative that referred to
areas or points of interest on the surface
below the route of the flight was provided by
the person offering the flight;
``(iii) the area of operation;
``(iv) the frequency of flights conducted
by the person offering the flight;
``(v) the route of flight;
``(vi) the inclusion of sightseeing flights
as part of any travel arrangement package
offered by the person offering the flight;
``(vii) whether the flight would have been
canceled based on poor visibility of the
surface below the route of the flight; and
``(viii) any other factors that the
Administrator and the Director consider
appropriate.
``(5) National park.--The term `national park' means any
unit of the National Park System.
``(6) Tribal lands.--
``(A) In general.--The term `tribal lands' means
Indian country (as that term is defined in section 1151
of title 18) that is within or abutting a national
park.
``(B) Abutting.--For purposes of subparagraph (A),
the term `abutting' means lands within \1/2\ mile
outside the boundary of a national park.
``(7) Administrator.--The term `Administrator' means the
Administrator of the Federal Aviation Administration.
``(8) Director.--The term `Director' means the Director of
the National Park Service.
``(9) Air tour permit.--The term `air tour permit' means a
permit issued by the Director, in accordance with this section,
to a commercial operator to conduct commercial air tour
operations over a national park or tribal lands.''.
(b) Amendments to National Parks Air Tour Management Act of 2000.--
(1) Advisory group.--Section 805 of the National Parks Air
Tour Management Act of 2000 (49 U.S.C. 40128 note) is amended--
(A) by striking subsection (a) and inserting the
following:
``(a) In General.--The Director of the National Park Service may
retain the advisory group established pursuant to this section, as in
effect on the day before the date of the enactment of the Moving Ahead
for Progress in the 21st Century Act, to provide continuing advice and
counsel with respect to commercial air tour operations over and near
national parks.'';
(B) in subsection (b)--
(i) in paragraph (1)(A)(iv), by inserting
``or Native Hawaiians'' after ``Indian
tribes''; and
(ii) by striking paragraph (3) and
inserting the following:
``(3) Chairperson.--The representative of the National Park
Service shall serve as chairperson of the advisory group.'';
and
(C) in subsection (d)(2), by striking ``The Federal
Aviation Administration and the National Park Service
shall jointly'' and inserting ``The National Park
Service shall''.
(2) Reports.--Section 807 of the National Parks Air Tour
Management Act of 2000 (49 U.S.C. 40128 note) is repealed.
(3) Methodologies used to assess air tour noise.--Section
808 of the National Parks Air Tour Management Act of 2000 (49
U.S.C. 40128 note) is amended by striking ``a Federal agency''
and inserting ``the Director of the National Park Service''.
DIVISION H--BUDGETARY EFFECTS
SEC. 100401. BUDGETARY EFFECTS.
(a) PAYGO Scorecard.--The budgetary effects of this Act shall not
be entered on either PAYGO scorecard maintained pursuant to section
4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecard.--The budgetary effects of this Act
shall not be recorded on any PAYGO scorecard maintained for purposes of
section 201 of S. Con. Res. 21 (110th Congress).
Passed the Senate March 14, 2012.
Attest:
Secretary.
112th CONGRESS
2d Session
S. 1813
_______________________________________________________________________
AN ACT
To reauthorize Federal-aid highway and highway safety construction
programs, and for other purposes.