[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1968 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1968

To require the Secretary of Transportation to establish a pilot program 
 to increase accountability with respect to outcomes of transportation 
                  investments, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 8, 2011

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

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Transportation to establish a pilot program 
 to increase accountability with respect to outcomes of transportation 
                  investments, 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. MOVING TOWARD TRANSPORTATION ACCOUNTABILITY.

    Chapter 53 of title 49, United States Code, is amended by adding at 
the end the following:
``Sec. 5341. Transportation accountability
    ``(a) Definitions.--In this section:
            ``(1) Metropolitan planning organization.--The term 
        `metropolitan planning organization' means an organization 
        designated as a metropolitan planning organization under 
        section 5303(d) of this title or section 134(d) of title 23.
            ``(2) Pilot program.--The term `pilot program' means the 
        pilot program established under this section.
            ``(3) Program participant.--The term `program participant' 
        means a State or metropolitan planning organization selected by 
        the Secretary to participate in the pilot program.
            ``(4) National transportation goals.--The term `national 
        transportation goals' includes--
                    ``(A) improving the connection of individuals and 
                goods throughout the United States;
                    ``(B) providing improved and efficient access to 
                jobs and services throughout metropolitan areas;
                    ``(C) promoting economic growth and enhanced 
                commercial productivity;
                    ``(D) integrating energy security and environmental 
                protection objectives with transportation policy; and
                    ``(E) improving safety by reducing fatalities and 
                injuries.
            ``(5) Transportation investment.--The term `transportation 
        investment' means Federal funding for a project included in a 
        transportation program.
            ``(6) Transportation program.--The term `transportation 
        program' means a plan or strategy prepared by a metropolitan 
        planning organization or a State for transportation systems and 
        facilities in the metropolitan planning area or the State, 
        including a transportation plan, transportation improvement 
        program, statewide transportation plan, or statewide 
        transportation improvement program developed under section 5303 
        or 5304 of this title or section 134 or 135 of title 23.
    ``(b) Establishment of Pilot Program.--
            ``(1) In general.--The Secretary shall establish a pilot 
        program under which the Secretary shall conduct case studies of 
        States and metropolitan planning organizations that are 
        designed to--
                    ``(A) provide more detailed, in-depth analysis and 
                data collection with respect to transportation 
                programs; and
                    ``(B) 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 section.
                            ``(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.
    ``(c) Case Studies.--
            ``(1) Baseline report.--Not later than 6 months after the 
        date of enactment of this section, 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 national transportation 
                goals;
                    ``(C) describes potential improvements to the 
                methods and metrics used to measure the effectiveness 
                of the program participant in achieving national 
                transportation goals and the hindrances 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 transportation goals, 
        including by--
                    ``(A) 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 national 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) 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 transportation goals; 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).
            ``(4) Training, technical support, guidance.--
                    ``(A) In general.--The Secretary, in consultation 
                with the Deputy Director for Management of the Office 
                of Management and Budget, shall--
                            ``(i) provide training, technical support, 
                        and methodological guidance to program 
                        participants in--
                                    ``(I) improving data collection 
                                processes; and
                                    ``(II) preparing the reports, and 
                                making the evaluation required under 
                                this subsection;
                            ``(ii) facilitate coordination, 
                        collaboration, and information sharing between 
                        program participants; and
                            ``(iii) provide direction with respect to 
                        the nature of reports submitted by program 
                        participants, including collaborating with 
                        program participants to prepare the final 
                        report required under paragraph (3).
                    ``(B) Financial assistance.--The Secretary may 
                provide financial assistance to a program participant, 
                as the Secretary determines is necessary to assist the 
                program participant in carrying out the activities 
                required under this subsection.
            ``(5) Coordination between states and metropolitan planning 
        organizations.--To the extent practicable, a program 
        participant shall coordinate the activities required under this 
        subsection--
                    ``(A) with the department of transportation (or 
                equivalent agency) of the State, if the program 
                participant is a metropolitan planning organization; or
                    ``(B) with the metropolitan planning organizations 
                in the State, if the program participant is a State.
    ``(d) Federal Plan for Measuring the Effectiveness of 
Transportation Programs in Achieving National Transportation Goals.--
            ``(1) In general.--Not later than 21 months after the date 
        of enactment of this Act, and after an analysis of the case 
        studies under subsection (c), the Secretary shall develop and 
        implement a plan for the Department of Transportation to use 
        outcome-oriented performance measures to evaluate the 
        effectiveness of transportation programs in achieving national 
        transportation goals.
            ``(2) Contents of plan.--The plan developed under paragraph 
        (1) shall include--
                    ``(A) an efficient method for reporting the 
                effectiveness of transportation programs in achieving 
                national transportation goals that is based on 
                requirements applicable to States and metropolitan 
                planning organizations under sections 5303 and 5304 of 
                this title and sections 134 and 135 of title 23;
                    ``(B) effective measures of the outcome or 
                performance of transportation programs--
                            ``(i) across all modes of transportation; 
                        and
                            ``(ii) with respect to the transportation 
                        program as a whole, rather than individual 
                        projects within the transportation program; and
                    ``(C) a strategy to ensure that the Secretary 
                continuously refines and standardizes data elements, 
                models, and other estimating methods to steadily 
                improve public and political confidence in the use of 
                the outcome-oriented performance measures established 
                under paragraph (1) as a basis for making 
                transportation investments.
            ``(3) Availability of plan.--The Secretary shall make the 
        plan developed under paragraph (1) available to the public on 
        the website of the Department of Transportation.
    ``(e) Comprehensive Report to Congress.--Not later than 21 months 
after the date of enactment of this section, the Secretary shall submit 
to Congress a comprehensive report on the pilot program that includes--
            ``(1) a summary of the results of the case studies under 
        subsection (c);
            ``(2) the plan developed under subsection (d);
            ``(3) a summary of lessons learned with respect to 
        challenges encountered by each program participant; and
            ``(4) recommendations, if any, for legislation to improve--
                    ``(A) the guidance provided to States and 
                metropolitan planning organizations for generating and 
                collecting sound, outcome-based data; and
                    ``(B) data-based performance measurement, analysis, 
                and accountability for transportation programs.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated from the Highway Trust Fund to carry out this section, 
$15,000,000 for the 2-year period beginning on the date of enactment of 
this section.''.

SEC. 2. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
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