[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1036 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1036

 To amend title 49, United States Code, to establish national purposes 
 and goals for Federal surface transportation activities and programs 
           and create a national surface transportation plan.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2009

    Mr. Reid (for Mr. Rockefeller (for himself and Mr. Lautenberg)) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to establish national purposes 
 and goals for Federal surface transportation activities and programs 
           and create a national surface transportation plan.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Surface Transportation 
Policy and Planning Act of 2009''.

SEC. 2. ESTABLISHMENT OF A NATIONAL SURFACE TRANSPORTATION POLICY AND 
              PLAN.

    (a) In General.--Chapter 3 of title 49, United States Code, is 
amended--
            (1) by redesignating sections 304 through 309 as sections 
        307 through 312;
            (2) by redesignating sections 303 and 303a as sections 305 
        and 306, respectively; and
            (3) 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 and for defining the Federal Government's role in the system.
    ``(b) Objectives.--The objectives of the policy shall be to 
facilitate and advance--
            ``(1) the efficient connectivity of persons and goods 
        within and between nations, regions, States, and metropolitan 
        areas;
            ``(2) the safety and health of the public;
            ``(3) the security of the Nation and the public;
            ``(4) environmental protection and enhancement, including 
        the reduction of carbon-related emissions;
            ``(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 land use 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) sustainable, balanced, and adequate financing of the 
        national surface transportation system; and
            ``(11) innovation in transportation services, 
        infrastructure, and technology.
    ``(c) Goals.--
            ``(1) In general.--The goals of the policy shall be--
                    ``(A) to reduce national per capita motor vehicle 
                miles traveled on an annual basis;
                    ``(B) to reduce national motor vehicle-related 
                fatalities by 50 percent by 2030;
                    ``(C) to reduce national surface transportation-
                generated carbon dioxide levels by 40 percent by 2030;
                    ``(D) to reduce national surface transportation 
                delays per capita on an annual basis;
                    ``(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 increase the total usage of public 
                transportation, intercity passenger rail services, and 
                non-motorized transportation on an annual basis;
                    ``(G) to increase the proportion of national 
                freight transportation provided by non-highway or 
                multimodal services by 10 percent by 2020;
                    ``(H) to reduce passenger and freight 
                transportation delays and congestion at international 
                points of entry on an annual basis;
                    ``(I) to ensure adequate transportation of domestic 
                energy supplies; and
                    ``(J) to maintain or the reduce the percentage of 
                gross domestic product consumed by transportation 
                costs.
            ``(2) Baselines.--Within 1 year after the date of enactment 
        of the National Surface Transportation Policy and Planning Act 
        of 2009, the Secretary shall develop baselines for the goals 
        and shall determine appropriate methods of data collection to 
        measure the attainment of the goals.
    ``(d) Requirements.--The Secretary, consistent with the plan 
developed under section 304 and notwithstanding any other provision of 
law in effect as of the date of enactment of the National Surface 
Transportation Policy and Planning Act of 2009, shall--
            ``(1) develop appropriate performance criteria and data 
        collections systems for each Federal surface transportation 
        program in order to evaluate:
                    ``(A) whether such programs are consistent with the 
                policy, objectives, and goals established by this 
                section; and
                    ``(B) how effective such programs are in 
                contributing to the achievement of the policy, 
                objectives, and goals established by this section;
            ``(2) using the criteria developed under paragraph (1), 
        annually 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;
            ``(4) align the availability and award of Federal surface 
        transportation funding to meet the policy, objectives, goals, 
        and performance criteria established by this section, 
        consistent with the evaluation performed under paragraph (2);
            ``(5) carry out this section in a manner that is consistent 
        with sections 302, 5503, 10101, and 13101 of this title and 
        section 101 of title 23 to the extent that such sections do not 
        conflict with the policy, objectives, and goals established by 
        this section;
            ``(6) review, update, and reissue all relevant surface 
        transportation planning requirements to ensure that such 
        requirements require that 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
            ``(7) require recipients of Federal surface transportation 
        funds to annually report on the use of such funds, including a 
        description of--
                    ``(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 this section.
    ``(e) Authority.--
            ``(1) In general.--Notwithstanding any other provision of 
        law in effect as of the date of enactment of the National 
        Surface Transportation Policy and Planning Act of 2009, the 
        Secretary may, through a process of public notice and comment 
        and with reasonable prior notice to the Senate Committee on 
        Commerce, Science, and Transportation and the House of 
        Representatives Committee on Transportation and Infrastructure 
        preceding any significant change, consistent with the public 
        interest, amend the goals under subsection (c) or develop 
        additional goals to effectively meet the policy and objectives 
        set forth in this section.
            ``(2) The Secretary may also make recommendations to those 
        Committees for reorganizing the Department of Transportation, 
        as necessary and consistent with the requirements of section 
        304(b)(6), in order to achieve the policy, objectives, and 
        goals established by this section.
``Sec. 304. National surface transportation performance plan
    ``(a) Development.--Within 2 years after the date of enactment of 
the National Surface Transportation Policy and Planning Act of 2009, 
the Secretary of Transportation shall develop and implement a National 
Surface Transportation Performance Plan to achieve the policy, 
objectives, and goals set forth in section 303.
    ``(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 section 303;
            ``(2) an analysis of emerging and long-term projected 
        trends that will impact the performance, needs, and uses of the 
        national surface transportation system;
            ``(3) a description of the major impediments to effectively 
        meeting the policy, objectives, and goals set forth in section 
        303 and recommended actions to address such impediments;
            ``(4) a comprehensive strategy and investment plan to meet 
        the policy, objectives, and goals set forth in section 303;
            ``(5) initiatives to improve transportation modeling, 
        research, data collection, and analysis; and
            ``(6) a plan for any reorganization of the Department of 
        Transportation or its agencies necessary to meet the policy, 
        objectives, and goals set forth in section 303.
    ``(c) Consultation.--In developing the plan required by subsection 
(a), the Secretary shall--
            ``(1) consult with local, State, and tribal governments, 
        public and private transportation providers and carriers, non-
        profit organizations representing transportation employees, 
        appropriate foreign governments, and other interested parties; 
        and
            ``(2) provide public notice and hearings and solicit public 
        comments on the plan.
    ``(d) Submittal.--The Secretary shall submit the completed plan to 
the Senate Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Transportation and 
Infrastructure.
    ``(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) to the 
Committees. The progress report shall--
            ``(1) describe progress made toward fully implementing the 
        plan and achieving the policies, objectives, and goals 
        established under section 303;
            ``(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) Funding.--The Secretary may use such sums as may be necessary 
from any funds provided to the Department of Transportation for surface 
transportation programs for the purpose of completing and updating the 
plan and developing and issuing the progress reports pursuant to this 
section.''.
    (b) Conforming Amendments.--
            (1) Section 302(a) of title 49, United States Code, is 
        amended by striking ``10101 and 13101'' and inserting ``303, 
        10101, and 13101''.
            (2) Section 308, as redesignated, of title 49, United 
        States Code, is amended by striking ``sections 301-304'' and 
        inserting ``sections 301 through 307''.
            (3) The table of contents for chapter 3 of title 49, United 
        States Code, is amended--
                    (A) by redesignating the items relating to sections 
                303 through 309 as relating to sections 305 through 
                312; and
                    (B) by inserting after the item relating to section 
                302 the following:

``303. National surface transportation policy.
``304. National surface transportation performance plan.''.
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