[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5467 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5467

To enhance the capabilities of metropolitan planning organizations, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2014

 Ms. Frankel of Florida (for herself, Mr. Cleaver, and Mr. Cicilline) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To enhance the capabilities of metropolitan planning organizations, 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.

    This Act may be cited as the ``Metropolitan Planning Enhancement 
Act''.

SEC. 2. CONSOLIDATED AND HIGH PERFORMING METROPOLITAN PLANNING 
              ORGANIZATIONS.

    (a) Consolidation of Metropolitan Planning Organizations.--
            (1) Section 134 amendment.--Section 134(d)(6) of title 23, 
        United States Code, is amended to read as follows:
            ``(6) Consolidation of metropolitan planning organizations 
        within urbanized areas.--
                    ``(A) Limitation on new metropolitan planning 
                organization designations.--A metropolitan planning 
                organization shall not be newly designated--
                            ``(i) within a metropolitan statistical 
                        area if another metropolitan planning 
                        organization already exists within the 
                        boundaries of the metropolitan statistical 
                        area; or
                            ``(ii) outside of a metropolitan 
                        statistical area.
                    ``(B) Multiple existing metropolitan planning 
                organizations.--If multiple existing metropolitan 
                planning organizations are designated within a 
                metropolitan statistical area--
                            ``(i) the metropolitan planning 
                        organizations may--
                                    ``(I) retain their designation as 
                                distinct metropolitan planning 
                                organizations; or
                                    ``(II) be consolidated by agreement 
                                between the metropolitan planning 
                                organizations;
                            ``(ii) the Governor (or Governors) and the 
                        existing metropolitan planning organizations 
                        shall--
                                    ``(I) revisit a determination to 
                                remain unconsolidated every 10 years, 
                                beginning two years after the next 
                                decennial census; and
                                    ``(II) provide justification to the 
                                Secretary of the continued necessity of 
                                the designation of multiple 
                                metropolitan planning organizations in 
                                the area; and
                            ``(iii) where multiple metropolitan 
                        planning organizations exist within a single 
                        metropolitan statistical area, they shall 
                        cooperate with one another to--
                                    ``(I) develop a single 
                                transportation improvement plan and a 
                                single long-range plan for use by all 
                                metropolitan planning organizations 
                                within the metropolitan statistical 
                                area when developing their individual 
                                plans; and
                                    ``(II) establish a single set of 
                                performance targets that address the 
                                performance measures described in 
                                section 150(c) for use in developing 
                                individual performance targets in 
                                accordance with section 134(h)(2).''.
            (2) Section 5303 amendment.--Section 5303(d)(6) of title 
        49, United States Code, is amended to read as follows:
            ``(6) Consolidation of metropolitan planning organizations 
        within urbanized areas.--
                    ``(A) Limitation on new metropolitan planning 
                organization designations.--A metropolitan planning 
                organization shall not be newly designated--
                            ``(i) within a metropolitan statistical 
                        area if another metropolitan planning 
                        organization already exists within the 
                        boundaries of the metropolitan statistical 
                        area; or
                            ``(ii) outside of a metropolitan 
                        statistical area.
                    ``(B) Multiple existing metropolitan planning 
                organizations.--If multiple existing metropolitan 
                planning organizations are designated within a 
                metropolitan statistical area--
                            ``(i) the metropolitan planning 
                        organizations may--
                                    ``(I) retain their designation as 
                                distinct metropolitan planning 
                                organizations; or
                                    ``(II) be consolidated by agreement 
                                between the metropolitan planning 
                                organizations;
                            ``(ii) the Governor (or Governors) and the 
                        existing metropolitan planning organizations 
                        shall--
                                    ``(I) revisit a determination to 
                                remain unconsolidated every 10 years, 
                                beginning two years after the next 
                                decennial census; and
                                    ``(II) provide justification to the 
                                Secretary of the continued necessity of 
                                the designation of multiple 
                                metropolitan planning organizations in 
                                the area; and
                            ``(iii) where multiple metropolitan 
                        planning organizations exist within a single 
                        metropolitan statistical area, they shall 
                        cooperate with one another to--
                                    ``(I) develop a single 
                                transportation improvement plan and a 
                                single long-range plan for use by all 
                                metropolitan planning organizations 
                                within the metropolitan statistical 
                                area when developing their individual 
                                plans; and
                                    ``(II) establish a single set of 
                                performance targets that address the 
                                performance measures described in 
                                section 150(c) of title 23, United 
                                States Code, for use in developing 
                                individual performance targets in 
                                accordance with subsection (h)(2) and 
                                sections 5326(c) and 5329(d) of this 
                                title.''.
            (3) Definitions.--
                    (A) Highway definition.--Section 134(b) of title 
                23, United States Code, is amended by--
                            (i) redesignating paragraphs (1) through 
                        (7) as paragraphs (2) through (8); and
                            (ii) inserting before paragraph (2), as 
                        redesignated, the following:
            ``(1) Consolidated metropolitan planning organization.--The 
        term `consolidated metropolitan planning organization' means a 
        sole metropolitan planning organization that serves a 
        metropolitan statistical area.''.
                    (B) Transit definition.--Section 5303(b) of title 
                49, United States Code, is amended by--
                            (i) redesignating paragraphs (1) through 
                        (7) as paragraphs (2) through (8); and
                            (ii) inserting before paragraph (2), as 
                        redesignated, the following:
            ``(1) Consolidated metropolitan planning organization.--The 
        term `consolidated metropolitan planning organization' means a 
        sole metropolitan planning organization that serves a 
        metropolitan statistical area.''.
    (b) Designation of High-Performing Metropolitan Planning 
Organizations.--
            (1) Section 134 amendment.--Section 134 of title 23, United 
        States Code, as amended by this Act, is further amended by 
        adding at the end the following:
    ``(r) High-Performing Metropolitan Planning Organizations.--
            ``(1) In general.--A metropolitan planning organization 
        that represents an urbanized area with a population of over 
        200,000 individuals may request a high-performing metropolitan 
        planning organization designation from the Secretary.
            ``(2) Criteria.--In making a high-performing metropolitan 
        planning organization designation, the Secretary shall 
        consider--
                    ``(A) the extent to which the metropolitan planning 
                organization has an equitable and regional approach to 
                decisionmaking;
                    ``(B) the extent to which the metropolitan planning 
                organization has incorporated its performance targets 
                established pursuant to section 150 of this title and 
                sections 5303(h)(2), 5326(c), and 5329(d) of title 49 
                into its planning process;
                    ``(C) whether the metropolitan planning 
                organization is a consolidated metropolitan planning 
                organization;
                    ``(D) if the metropolitan planning organization is 
                not a consolidated metropolitan planning organization, 
                the extent to which the metropolitan planning 
                organization is coordinating with all other 
                metropolitan planning organizations designated for the 
                same metropolitan statistical area;
                    ``(E) the technical capacity of the metropolitan 
                planning organization; and
                    ``(F) other criteria established by the Secretary 
                in guidance.
            ``(3) Review.--A designation under paragraph (1) shall stay 
        in effect for 10 years from the date of designation.''.
            (2) Section 5303 amendment.--Section 5303 of title 49, 
        United States Code, as amended by this Act, is further amended 
        by adding at the end the following:
    ``(r) High-Performing Metropolitan Planning Organizations.--
            ``(1) In general.--A metropolitan planning organization 
        that represents an urbanized area with a population of over 
        200,000 individuals may request a high-performing metropolitan 
        planning organization designation from the Secretary.
            ``(2) Criteria.--In making a high-performing metropolitan 
        planning organization designation, the Secretary shall 
        consider--
                    ``(A) the extent to which the metropolitan planning 
                organization has an equitable and regional approach to 
                decisionmaking;
                    ``(B) the extent to which the metropolitan planning 
                organization has incorporated its performance targets 
                established pursuant to section 150 of title 23, United 
                States Code, subsection (h)(2), and sections 5326(c) 
                and 5329(d) of this title into its planning process;
                    ``(C) whether the metropolitan planning 
                organization is a consolidated metropolitan planning 
                organization;
                    ``(D) if the metropolitan planning organization is 
                not a consolidated metropolitan planning organization, 
                the extent to which the metropolitan planning 
                organization is coordinating with all other 
                metropolitan planning organizations designated for the 
                same metropolitan statistical area;
                    ``(E) the technical capacity of the metropolitan 
                planning organization; and
                    ``(F) other criteria established by the Secretary 
                in guidance.
            ``(3) Review.--A designation under paragraph (1) shall stay 
        in effect for 10 years from the date of designation.''.
    (c) Surface Transportation Incentive Funds.--Section 133(d)(1) of 
title 23, United States Code is amended to read as follows:
            ``(1) Calculation.--The funds apportioned to a State under 
        section 104(b)(2) shall be obligated as follows:
                    ``(A) Suballocated funds.--50 percent of the funds 
                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 over 200,000;
                            ``(ii) in urban areas of the State with a 
                        population of 5,000 to 200,000; and
                            ``(iii) in areas of the State with a 
                        population of fewer than 5,000.
                    ``(B) Statewide funds.--25 percent of the funds for 
                a fiscal year may be obligated in any area of the 
                State.
                    ``(C) High-performing metropolitan planning 
                organizations.--
                            ``(i) In general.--25 percent of the funds 
                        for a fiscal year shall be obligated under this 
                        section in urbanized areas under subparagraph 
                        (A)(i) that are served by high-performing 
                        metropolitan planning organizations (as 
                        designated by the Secretary under section 
                        134(r) or section 5303(r) of title 49, United 
                        States Code). Any funds remaining under this 
                        clause shall be obligated in any area of the 
                        State under subparagraph (B).
                            ``(ii) Amount.--The amount to be obligated 
                        under clause (i) in an urbanized area served by 
                        a high-performing metropolitan planning 
                        organization shall equal 50 percent of the 
                        amount to be obligated in that urbanized area 
                        under paragraph (4) and is in addition to the 
                        amount under such paragraph.''.
    (d) Transportation Alternatives Incentive Funds.--Section 213(c)(1) 
of such title is amended to read as follows:
            ``(1) Calculation.--The funds reserved to a State shall be 
        obligated as follows:
                    ``(A) Suballocated funds.--50 percent of the funds 
                for a fiscal year shall be obligated under this section 
                to any eligible entity in proportion to its relative 
                share of the population of the State--
                            ``(i) in urbanized areas of the State with 
                        an urbanized area population over 200,000;
                            ``(ii) in urban areas of the State with a 
                        population of 5,000 to 200,000; and
                            ``(iii) in areas of the State with a 
                        population of fewer than 5,000.
                    ``(B) Statewide funds.--25 percent of the funds for 
                a fiscal year may be obligated in any area of the 
                State.
                    ``(C) High-performing metropolitan planning 
                organizations.--
                            ``(i) In general.--25 percent of the funds 
                        for a fiscal year shall be obligated under this 
                        section in urbanized areas under subparagraph 
                        (A)(i) that are served by high-performing 
                        metropolitan planning organizations (as 
                        designated by the Secretary under section 
                        134(r) or section 5303(r) of title 49, United 
                        States Code). Any funds remaining under this 
                        clause shall be obligated in any area of the 
                        State under subparagraph (B).
                            ``(ii) Amount.--The amount to be obligated 
                        under clause (i) in an urbanized area served by 
                        a high-performing metropolitan planning 
                        organization shall equal 50 percent of the 
                        amount to obligated in that urbanized area 
                        under paragraph (3) and is in addition to the 
                        amount under such paragraph.''.
    (e) Obligation Authority.--Section 133(f) of such title is 
amended--
            (1) in paragraph (1), by--
                    (A) striking ``A State'' and inserting ``Except as 
                provided in paragraph (2), a State''; and
                    (B) striking ``fiscal years 2011 through 2014'' and 
                inserting ``fiscal years after fiscal year 2014'';
            (2) by redesignating paragraph (2) as paragraph (3) and 
        inserting after paragraph (1) the following:
            ``(2) High-performing metropolitan planning 
        organizations.--
                    ``(A) In general.--A State that is required to 
                obligate in an urbanized area under subsections 
                (d)(1)(A)(i) and (d)(1)(C)(i) shall make available to 
                such urbanized area on an annual basis 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 
                amount obtained by multiplying--
                            ``(i) the amount of funds that the State is 
                        required to obligate in the area under such 
                        subsections; and
                            ``(ii) the ratio specified in paragraph 
                        (1)(B).
                    ``(B) Availability.--The obligation authority that 
                a State makes available to an urbanized area under 
                subparagraph (A) shall remain available for a period of 
                four fiscal years.''; and
            (3) in paragraph (3), as redesignated, by striking 
        ``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.
    (f) Distribution of Metropolitan Planning Funds.--Section 
104(d)(2)(A) of such title is amended--
            (1) in clause (i), by striking ``; and'' and inserting 
        ``;'';
            (2) by redesignating clause (ii) as clause (iii); and
            (3) by inserting after clause (i) the following:
                            ``(ii) prioritizes the needs of high-
                        performing metropolitan planning organizations 
                        (as designated by the Secretary under section 
                        134(r) or section 5303(r) of title 49, United 
                        States Code); and''.
    (g) Technical Correction.--Subsection 133(h)(1) of such title is 
amended by striking ``for each of fiscal years 2013 through 2014'' and 
inserting ``each fiscal year''.

SEC. 3. PARTICIPATION OF PUBLIC PORT AUTHORITIES.

    (a) Section 134 Amendment.--Section 134(i)(6)(A) of title 23, 
United States Code, is amended by inserting ``public ports,'' before 
``freight shippers''.
    (b) Section 135 Amendment.--Section 135(g)(3) of title 23, United 
States Code, is amended by inserting ``public ports,'' before ``freight 
shippers''.
    (c) Section 5303 Amendment.--Section 5303(i)(6)(A) of title 49, 
United States Code, is amended by inserting ``public ports,'' before 
``freight shippers''.
    (d) Section 5304 Amendment.--Section 5304(g)(3) of title 49, United 
States Code, is amended by inserting ``public ports,'' before ``freight 
shippers''.

SEC. 4. STRENGTHENING THE STATEWIDE AND NONMETROPOLITAN PLANNING 
              PROCESS.

    (a) Section 135 Amendment.--Section 135 of title 23, United States 
Code, is amended--
            (1) in subsection (f)(5) by striking ``may'' and inserting 
        ``shall'';
            (2) in subsection (f)(7)--
                    (A) by striking ``should'' and inserting ``shall''; 
                and
                    (B) by striking the final ``;'' and inserting 
                ``.'';
            (3) in subsection (g)(5)(F)(i) by striking ``may'' and 
        inserting ``shall''; and
            (4) by striking subsection (g)(8) and inserting the 
        following:
            ``(8) Certification process.--
                    ``(A) In general.--At least once every 4 years the 
                Secretary shall certify that each State has met the 
                requirements of--
                            ``(i) this section; and
                            ``(ii) other Federal laws, regulations, and 
                        orders applicable to the statewide and 
                        nonmetropolitan and the metropolitan planning 
                        processes.
                    ``(B) Failure to meet certification.--If a State 
                does not meet such certification, the Secretary may 
                withhold up to 20 percent of the funds attributable to 
                such State for projects funded under this title and 
                chapter 53 of title 49.
                    ``(C) Restoration of funds.--The withheld funds 
                shall be restored to the State at such time as the 
                State process is certified by the Secretary.
                    ``(D) Public involvement.--In making the 
                certification determinations under this paragraph, the 
                Secretary shall provide for public involvement 
                appropriate to the State under review.''.
    (b) Section 5304 Amendment.--Section 5304 of title 49, United 
States Code, is amended--
            (1) in subsection (f)(5) by striking ``may'' and inserting 
        ``shall'';
            (2) in subsection (f)(7) by striking ``should'' and 
        inserting ``shall'';
            (3) in subsection (g)(5)(F)(i) by striking ``may'' and 
        inserting ``shall''; and
            (4) by striking subsection (g)(8) and inserting the 
        following:
            ``(8) Certification process.--
                    ``(A) In general.--At least once every 4 years the 
                Secretary shall certify that each State has met the 
                requirements of--
                            ``(i) this section; and
                            ``(ii) other Federal laws, regulations, and 
                        orders applicable to the statewide and 
                        nonmetropolitan and the metropolitan planning 
                        processes.
                    ``(B) Failure to meet certification.--If a State 
                does not meet such certification, the Secretary may 
                withhold up to 20 percent of the funds attributable to 
                such State for projects funded under this title and 
                chapter 53 of title 49.
                    ``(C) Restoration of funds.--The withheld funds 
                shall be restored to the State at such time as the 
                State process is certified by the Secretary.
                    ``(D) Public involvement.--In making the 
                certification determinations under this paragraph, the 
                Secretary shall provide for public involvement 
                appropriate to the State under review.''.

SEC. 5. REMOVAL OF THE CONGESTION MANAGEMENT PROCESS.

    (a) Section 134 Amendment.--Section 134 of title 23, United States 
Code, as amended by this Act, is further amended--
            (1) by striking subsection (k)(3) and redesignating 
        subsections (k)(4) and (k)(5) as subsections (k)(3) and (k)(4), 
        respectively; and
            (2) by striking subsection (n) and redesignating 
        subsections (o) through (r) as subsections (n) through (q), 
        respectively.
    (b) Section 135 Amendment.--Section 135 of title 23, United States 
Code, is amended by striking subsection (j) and redesignating 
subsections (k) through (m) as subsections (j) through (l), 
respectively.
    (c) Section 5303 Amendment.--Section 5303 of title 49, United 
States Code, as amended by this Act, is further amended--
            (1) by striking subsection (k)(3) and redesignating 
        subsections (k)(4) and (k)(5) as subsections (k)(3) and (k)(4), 
        respectively; and
            (2) by striking subsection (n) and redesignating 
        subsections (o) through (r) as subsections (n) through (q), 
        respectively.
    (d) Section 5304 Amendment.--Section 5304 of title 49, United 
States Code, is amended by striking subsection (i) and redesignating 
subsections (j) through (l) as subsections (i) through (k), 
respectively.

SEC. 6. PUBLIC INVOLVEMENT IN PLAN DEVELOPMENT.

    (a) Section 134 Amendment.--Section 134(i) of title 23, United 
States Code, is amended--
            (1) in paragraph (4), by inserting after subparagraph (C) 
        the following:
                    ``(D) Public involvement.--Metropolitan planning 
                organizations shall offer interested parties, such as 
                those described in paragraph (6), a reasonable 
                opportunity to participate in the development and 
                consideration of scenarios.''; and
            (2) in paragraph (6), by striking ``comment on the 
        transportation plan'' and inserting ``provide input during the 
        development and implementation of the transportation plan''.
    (b) Section 135 Amendment.--Section 135(f)(3)(A)(ii) of title 23, 
United States Code, is amended by striking ``comment on the 
transportation plan''; and inserting ``provide input during the 
development of the transportation plan''.
    (c) Section 5303 Amendment.--Section 5303(i) of title 49, United 
States Code, is amended--
            (1) in paragraph (4), by inserting after subparagraph (C) 
        the following:
                    ``(D) Public involvement.--Metropolitan planning 
                organizations shall offer interested parties, such as 
                those described in paragraph (6), a reasonable 
                opportunity to participate in the development and 
                consideration of scenarios.''; and
            (2) in paragraph (6), by striking ``comment on the 
        transportation plan'' and inserting ``provide input during the 
        development and implementation of the transportation plan''.
    (d) Section 5304 Amendment.--Section 5304(f)(3)(A)(ii) of title 49, 
United States Code, is amended by striking ``comment on the proposed 
plan''; and inserting ``provide input during the development of the 
transportation plan''.

SEC. 7. PERFORMANCE-BASED PROJECT SELECTION.

    (a) Section 134 Amendment.--Section 134(j)(2)(D) of title 23, 
United States Code, is amended to read as follows:
                    ``(D) Performance target achievement.--In adding 
                projects to a transportation improvement program, a 
                metropolitan planning organization shall create a 
                process to evaluate and select each project or 
                collection of projects based on the project's (or 
                collection of projects') inclusion of elements that are 
                known to support, or will foreseeably support outcomes 
                that will achieve the performance targets established 
                in the metropolitan transportation plan by the 
                metropolitan planning organization in accordance with 
                subsection (h)(2)(B).''.
    (b) Section 135 Amendment.--Section 135(g)(4) of title 23, United 
States Code, is amended to read as follows:
            ``(4) Performance target achievement.--In adding projects 
        to a State transportation improvement program, a State shall 
        create a process to evaluate and select each project or 
        collection of projects based on the project's (or collection of 
        projects') inclusion of elements that are known to support, or 
        will foreseeably support, outcomes that will achieve the 
        performance targets established in the long-range statewide 
        transportation plan in accordance with subsection (f)(7)(A).''.
    (c) Section 5303 Amendment.--Section 5303(j)(2)(D) of title 49, 
United States Code, is amended to read as follows:
                    ``(D) Performance target achievement.--In adding 
                projects to a transportation improvement program, a 
                metropolitan planning organization shall create a 
                process to evaluate and select each project or 
                collection of projects based on the project's (or 
                collection of projects') inclusion of elements that are 
                known to support, or will foreseeably support outcomes 
                that will achieve the performance targets established 
                in the metropolitan transportation plan by the 
                metropolitan planning organization in accordance with 
                section 134(h)(2)(B) of title 23.''.
    (d) Section 5304 Amendment.--Section 5304(g)(4) of title 49, United 
States Code, is amended to read as follows:
            ``(4) Performance target achievement.--In adding projects 
        to a State transportation improvement program, a State shall 
        create a process to evaluate and select each project or 
        collection of projects based on the project's (or collection of 
        projects') inclusion of elements that are known to support, or 
        will foreseeably support, outcomes that will achieve the 
        performance targets established in the long-range statewide 
        transportation plan in accordance with section 135(f)(7)(A) of 
        title 23.''.

SEC. 8. EFFECTIVE DATE.

    This Act and the amendments made by this Act are effective October 
1, 2014, and apply only to projects and other activities for which 
obligations or expenditures are first approved on or after that date.
                                 <all>