    [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.