[Congressional Record Volume 157, Number 85 (Tuesday, June 14, 2011)]
[Senate]
[Pages S3776-S3779]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDIN:
  S. 1193. A bill to amend title 23, United States Code, to preserve 
and renew Federal-aid highways to reduce long-term costs, improve 
safety, and improve the condition of Federal-aid highways; to the 
Committee on Environment and Public Works.
  Mr. CARDIN. Mr. President, today I am introducing legislation to help 
improve and extend the value of our Nation's highways and bridges. This 
bill will help ensure that the Federal Government makes better 
investments of the taxpayer dollars spent on transportation 
infrastructure. Helping build the roads and bridges of this Nation has 
been one the best Federal investments our government has made and it is 
an investment that is worth taking care of to ensure the lasting value, 
efficiency and safety of our Nation's highways and bridges.
  It was during the Thomas Jefferson Administration that the Federal 
Government developed the concept of a ``Federal-Aid'' Highway. In 1806, 
Congress authorized federal funding to build the ``National Road.'' 
Much like the National Highway System of today, the purpose of the 
National Road was to facilitate interstate commerce between the large 
commercial centers of the Eastern United States to points west. 
Construction on the National Road began in 1811 in Cumberland, MD, 200 
years, and trillions of dollars, later the United States has one of the 
world's most expansive highway networks.
  The age and expanse of this system underscores the importance of 
ensuring adequate and consistent investments in our existing 
transportation infrastructure. The need for performance measures and 
national state-of-good repair standards are long overdue. Implementing 
such policies are essential ensuring the quality of the road condition, 
the economic value of our Nation's transportation infrastructure, and 
the wise investment of taxpayer dollars on transportation 
infrastructure.
  The American Society of Civil Engineers, ASCE, gave our Nation's 
highways and bridges a grade of ``D-'' in its 2009 ``Report Card for 
America's Infrastructure.'' These poor road conditions are costing 
motorists time, money, and in the worst and most unfortunate 
situations, costing motorists their lives.
  A 2011 transportation infrastructure study produced by TRIP, a non-
partisan non-profit transportation research organization sponsored by 
various transportation stakeholder industries, found that 32 percent of 
America's major roads are in poor or mediocre condition. Poor road 
conditions take a major toll on the repair and operating costs of 
motorist's vehicles to the tune of $67 billion a year, or approximately 
$333 per driver. Poor road conditions contribute to 42 percent of 
America's urban highways being congested. Traffic congestion costs 
American motorists more than $78 billion in wasted fuel and lost 
productivity, and more than 4 billion hours of wasted time that drivers 
could have otherwise spent with family, earning income or engaged in 
personal activities. Poor road conditions are a ``significant factor'' 
in approximately one-third of fatal traffic accidents.
  It is Congress's responsibility to ensure that Federal transportation 
dollars are spent wisely to improve the safety and efficiency of our 
roads. Making repair and maintenance of our existing infrastructure a 
priority, during these times of fiscal restraint, is a wise approach to 
Federal transportation infrastructure. Ignoring maintenance and repair 
needs on Federal-Aid highways, while advancing capacity expansion 
projects at the expense of neglected existing infrastructure, 
exacerbates the decline in the state-of-good repair of our country's 
roads and bridges and exemplifies irresponsible spending of Federal 
taxpayer dollars.
  ASCE put the cost of the maintenance and repair backlog for roads and 
bridges at $930 billion. Therefore it is important to understand that 
this is an infrastructure issue will not be achieved of the course of 
one surface transportation authorization cycle. However, we can change 
our Federal policies in such a way that improves how Federal dollars 
are spent on highway and bridge maintenance so that the taxpayer gets a 
better return on their transportation taxes.
  Breaking the cycle of neglected road and bridge maintenance that 
stems from allowing a highway facility to decline to into poor or very 
poor condition in the first place is critical to improving the quality 
of investment of Federal transportation dollars.
  Highway investment figures from the American Association of State 
Highway and Transportation Officials: ``Rough Roads Ahead: Fix It Now 
or Pay for It Later'' demonstrate that neglecting maintenance and 
instead waiting for the road surface to reach a condition rating of 
``very poor'', on average 16 years, before repairing the road cost 
nearly twice as much, on average, as compared with making biannual 
investments to maintain a ``very good'' road condition over that same 
16-year period. Not to mention the costs in

[[Page S3777]]

damage to vehicles that is caused by the years that a road spends in 
fair, poor, or very poor condition.
  My Preservation and Renewal of Federal-Aid Highways Act aims to 
create a culture of sound transportation investment while providing the 
States improved resources and flexibility to keep their highway 
facilities in a state of good repair.
  The Preservation and Renewal of Federal-Aid Highways Act will 
establish policies that require the Secretary of Transportation to 
establish ``state of good repair standards'' for the various classes of 
Federal-Aid highways to serve as benchmarks of achievement for States 
to reach.
  The act will require States to use an ``Asset Management Process'' to 
develop ``State System Preservation and Renewal Plans'' and ``State 
System Preservation and Renewal Performance Targets'' to ensure that 
their Federal-Aid roads are being kept in a state of good repair.
  The act will consolidate the Interstate Maintenance program, Highway 
Bridge program and half of the National Highway System Federal-Aid 
highway programs funds together to create a flexible System 
Preservation and Renewal Program Fund for the States to use as they see 
fit to meet the goals of their System Preservation and Renewal Plans 
and Performance Targets.
  Both the Federal Government and the States are facing enormous 
challenges to deliver essential services, like well-maintained, safe 
and efficient roads, for the country. As with any proposal that calls 
for a change in the way business is done there needs to be adequate 
time for transition. My bill, while establishing new standards for 
maintaining the quality of highways and bridges, also takes special 
care to grant leeway during emergency circumstances, when essential 
defense infrastructure investments are needed, and gives consideration 
to States that have planned to use these newly consolidated funds prior 
to how these funds would be repurposed under this legislation.
  The backlog of maintenance and repair on our existing transportation 
infrastructure can no longer be ignored. In recent years, our country 
has experienced a number of tragic incidents that resulted in the loss 
of life as a direct result of the poor condition of transportation 
infrastructure. These are preventable incidents that are costly in so 
many ways. We must make transportation system preservation and renewal 
a priority because it makes good fiscal sense, good safety sense, and 
good business sense for our country. My bill does this in a 
collaborative way between the States and the U.S. Department of 
Transportation.
  I urge my colleagues to support my effort to make improved 
investments in our existing transportation infrastructure so as to 
ensure its continued excellence for years to come by co-sponsoring the 
Preservation and Renewal of Federal-Aid Highways Act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1193

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal-Aid Highway 
     Preservation and Renewal Program Act of 2011''.

     SEC. 2. SYSTEM PRESERVATION AND RENEWAL PROGRAM.

       (a) In General.--Section 119 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 119. System preservation and renewal program

       ``(a) Definitions.--In this section:
       ``(1) Asset management.--The term `asset management' means 
     a strategic process for the management of transportation 
     infrastructure that takes into consideration economic and 
     engineering factors to make cost-effective investment 
     decisions to improve the overall state of good repair of 
     facilities.
       ``(2) Eligible cost.--The term `eligible cost' means, with 
     respect to costs incurred for a project, costs of--
       ``(A) development and implementation of asset management 
     systems in support of system preservation and renewal plans;
       ``(B) inspection activities for highway bridges and tunnels 
     in the State;
       ``(C) reducing or eliminating an identified highway or 
     bridge safety problem;
       ``(D) training of personnel responsible for inspection of 
     highway tunnels and inspection and load rating of highway 
     bridges in the State;
       ``(E) data collection to monitor the condition of highways 
     and highway bridges in the State;
       ``(F) environmental restoration and pollution abatement to 
     offset or mitigate the impacts of a project eligible under 
     subparagraph (A);
       ``(G) control of terrestrial and aquatic noxious weeds and 
     establishment of non-native plant species within the limits 
     of a project eligible under subparagraph (A); and
       ``(H) implementation of the policy established pursuant to 
     subsection (l)(1).
       ``(3) Eligible highway facility.--The term `eligible 
     highway facility' means--
       ``(A) a highway located on a Federal-aid highway;
       ``(B) a bridge located on a Federal-aid highway;
       ``(C) a bridge not located on a Federal-aid highway; and
       ``(D) a bicycle or pedestrian lane, path, walkway, or 
     similar travel surface located within the right-of-way of a 
     Federal-aid highway.
       ``(4) Eligible project.--The term `eligible project' means 
     a project that is--
       ``(A)(i) a project for resurfacing, restoration, 
     rehabilitation, replacement, or reconstruction of an eligible 
     highway facility;
       ``(ii) a project for preservation, protection, or other 
     preventive repair of an eligible highway facility; or
       ``(iii) a project to reduce or eliminate an identified 
     highway safety problem, if the project--
       ``(I) is eligible under section 148; and
       ``(II) has a cost of less than $10,000,000; and
       ``(B) consistent with the investment strategy of the State 
     in which the project is to be carried out.
       ``(5) Investment strategy.--The term `investment strategy' 
     means a State investment strategy established under 
     subsection (h)(2)(B).
       ``(6) Overall state of good repair standards.--The term 
     `overall state of good repair standards' means the 
     performance standards established under subsection (f)(1)(B).
       ``(7) Preservation.--
       ``(A) In general.--The term `preservation' means any cost-
     effective activity to prevent, delay, or reduce deterioration 
     on an eligible highway facility, including preventive and 
     corrective actions.
       ``(B) Exclusion.--The term `preservation' does not include 
     structural or operational improvement beyond the originally 
     designed traffic capacity of an existing highway facility 
     except to the extent the improvement occurs as an incidental 
     result of the preservation activity or improves safety.
       ``(8) Program.--The term `program' means the system 
     preservation and renewal program established under subsection 
     (b).
       ``(9) Protection.--The term `protection', with respect to a 
     highway, means the conduct of an activity or action 
     associated with the design and construction of measures to 
     protect highways from hazards such as earthquakes, floods, 
     scour, icing, vessel collision, vehicular impact, and 
     security threats.
       ``(10) State of good repair performance target.--The term 
     `state of good repair performance target' means a performance 
     target established under subsection (f)(2).
       ``(11) System preservation and renewal funds.--The term 
     `system preservation and renewal funds' means funds 
     apportioned under sections 104(b)(4), 104(m), and 144(e) for 
     the program.
       ``(12) System preservation and renewal plan.--The term 
     `system preservation and renewal plan' means a system 
     preservation and renewal plan established by a State under 
     subsection (h).
       ``(b) Establishment.--The Secretary shall establish and 
     implement a surface transportation infrastructure 
     preservation and renewal program designed to maintain and 
     preserve the quality, efficiency, safety, and value of 
     Federal-aid highways and Federal-aid and non-Federal-aid 
     bridges in accordance with this section.
       ``(c) Purposes.--The purposes of the program shall be--
       ``(1) to establish national priorities and goals for 
     bringing Federal-aid highways and Federal-aid and non-
     Federal-aid bridges into a state of good repair and 
     preserving that state of good repair;
       ``(2) to focus Federal investment on preserving and 
     improving the condition of roadways and bridges; and
       ``(3) to strengthen the connection between the use by a 
     State of Federal surface transportation funding and the 
     accomplishment of performance outcomes.
       ``(d) Use of Apportioned Funds.--
       ``(1) In general.--A State may obligate funds apportioned 
     to the State under the program for--
       ``(A) eligible projects; and
       ``(B) eligible costs.
       ``(2) Priority for national highway system projects.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a State shall give priority to eligible projects that help 
     meet the overall state of good repair standards for the 
     National Highway System under subsection (f)(1)(B).
       ``(B) Exception.--This paragraph shall not apply to any 
     State that is meeting the overall state of good repair 
     standards for the National Highway System established under 
     subsection (f)(1)(B), as determined by the Secretary.

[[Page S3778]]

       ``(3) Limitation.--
       ``(A) In general.--A project cost attributable to expansion 
     of the capacity of a highway located on a Federal-aid 
     highways shall not be eligible for funding under this section 
     if the new capacity consists of 1 or more new travel lanes 
     that are not auxiliary lanes.
       ``(B) Non-federal-aid bridges.--
       ``(i) In general.--Not less than 15 percent of the amount 
     apportioned to each State under section 144(e) for each of 
     fiscal years 2012 through 2017 shall be expended for projects 
     to preserve, rehabilitate, protect, or replace highway 
     bridges, other than those bridges on Federal-aid highways.
       ``(ii) Reduction in expenditures.--The Secretary, after 
     consultation with State and local officials, may reduce the 
     amount required to be expended under clause (i) for bridges 
     in the State that are not located on a Federal-aid highway if 
     the Secretary determines that the State has inadequate needs 
     to justify the expenditure.
       ``(4) Exception.--
       ``(A) Debt financing instruments.--Prior to the 
     apportionment of funds made available for a program, a State 
     may deduct amounts sufficient for the payment of any debt-
     financing instruments committed, guaranteed, or obligated to 
     a third party before the date of enactment of the Federal-Aid 
     Highway Preservation and Renewal Program Act of 2011 for 
     eligible projects under this title (including this section) 
     and title 49.
       ``(B) Defense base closure and realignment impacts.--Before 
     October 1, 2013, a State may use up to 25 percent of the 
     funds of the State for system preservation and renewal for 
     projects to address transportation impacts relating to 
     decisions of the Defense Base Closure and Realignment 
     Commission.
       ``(e) Other Eligible Costs.--In addition to the funds 
     obligated for eligible projects, a State may obligate, in the 
     aggregate, not to exceed 5 percent of the funds apportioned 
     to the State under the program for a fiscal year to pay other 
     eligible costs.
       ``(f) System Preservation and Renewal Performance Standards 
     and Targets.--
       ``(1) Secretary responsibilities.--Not later than 1 year 
     after the date of enactment of the Federal-Aid Highway 
     Preservation and Renewal Program Act of 2011, the Secretary 
     shall, by regulation and in consultation with States, 
     establish--
       ``(A) criteria for determining the state of good repair of 
     eligible highway facilities, based on highway pavement 
     condition or bridge structural adequacy, as applicable; and
       ``(B) overall state of good repair standards for each class 
     of infrastructure described in paragraph (3), based on the 
     criteria established under subparagraph (A).
       ``(2) State responsibilities.--Not later than 2 years after 
     the date of enactment of the Federal-Aid Highway Preservation 
     and Renewal Program Act of 2011, and every 2 years 
     thereafter, each State, in conjunction with the development 
     of the system preservation and renewal plan of the State, 
     shall establish or revise, for each class of infrastructure 
     described in paragraph (3), quantifiable State of good repair 
     performance targets that, at a minimum, estimate the 
     projected percentage change over a 2-year period of 
     infrastructure that is rated as being not in state of good 
     repair based on the criteria established under paragraph 
     (1)(B).
       ``(3) Classes of infrastructure.--The classes of 
     infrastructure referred to in paragraph (1) are--
       ``(A) the total deck area of highway bridges in a State 
     that are located on the National Highway System;
       ``(B) the total deck area of highway bridges in a State 
     that are located on Federal-aid highways;
       ``(C) the total lane miles in a State that are located on 
     the National Highway System; and
       ``(D) the total lane miles in a State that are located on 
     Federal-aid highways.
       ``(4) Compliance.--If a State meets an overall state of 
     good repair standard established under paragraph (1)(B) for a 
     class of infrastructure described in paragraph (3), that 
     class of infrastructure in the State shall be considered to 
     be in a state of good repair.
       ``(5) Applicability.--No State shall be required to 
     establish state of good repair performance targets under 
     paragraph (2) for any class of infrastructure that a State 
     certifies as meeting the overall state of good repair 
     standard under paragraph (1)(B).
       ``(g) State Asset Management Process.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Federal-Aid Highway Preservation and Renewal 
     Program Act of 2011, a State shall develop an asset 
     management process to support the development and 
     implementation of system preservation and renewal plans under 
     subsection (h).
       ``(2) Requirements.--The process developed under paragraph 
     (1) shall be based on analytical mechanisms to identify cost-
     effective investments to preserve, rehabilitate, restore, 
     resurface, reconstruct, protect, or replace Federal-aid 
     highways and highway bridges on Federal-aid highways to 
     improve the overall state of good repair of those highways 
     and bridges.
       ``(h) State System Preservation and Renewal Plans.--
       ``(1) Submission of plans.--Not later than 2 years after 
     the date of enactment of the Federal-Aid Highway Preservation 
     and Renewal Program Act of 2011 and biennially thereafter, a 
     State shall develop or update, as applicable, and submit to 
     the Secretary for approval, a system preservation and renewal 
     plan.
       ``(2) Plan requirements.--A system preservation plan of a 
     State and any update of such a plan shall--
       ``(A) include documentation on the state of good repair 
     based on the criteria under paragraph (f)(1) and each class 
     of infrastructure described in subsection (f)(3);
       ``(B) include an investment strategy that--
       ``(i) covers a period of 6 years; and
       ``(ii) describes the manner in which the State will 
     allocate funds apportioned to the State to carry out this 
     section among, at a minimum--

       ``(I) facilities in good condition, fair condition, and 
     poor condition;
       ``(II) projects located on each class of infrastructure 
     described in subsection (f)(2);
       ``(III) projects that vary with respect to geographical 
     location, as determined by the State; and
       ``(IV) other eligible costs;

       ``(iii) is based on an asset management process under 
     subsection (g);
       ``(iv) describes any Federal, State, local, or private 
     funds that the State plans to use, in addition to system 
     preservation and renewal funds, on projects that would help 
     to meet the state of good repair performance targets 
     established under this section;
       ``(v) indicates the number of lane miles of highways and 
     quantity of deck area on highway bridges that the State would 
     address through the allocations described in clause (ii); and
       ``(vi) subject to subsection (d)(2), provides for 
     investment in projects that, once completed, would allow the 
     State to meet the applicable state of good repair performance 
     targets;
       ``(C) include a description of the extent to which the use 
     by the State of system preservation and renewal funds 
     apportioned to the State during the 2 most recent fiscal 
     years was consistent with the investment strategy of the 
     State, including--
       ``(i) an identification of the number of lane miles of 
     highways and quantity of deck area on highway bridges on 
     which the State has used those funds during those 2 fiscal 
     years;
       ``(ii) an identification of the distribution of highway and 
     bridge facilities, by level of ownership (Federal, State, 
     tribal, and local) and by functional classification, on which 
     the State has obligated those funds during those 2 fiscal 
     years;
       ``(iii) an assessment of the progress that the State has 
     made toward meeting each of the state of good repair 
     performance targets of the State based on the projects that 
     the State has carried out under this section and the 
     contribution that those projects have made or would make, 
     once complete, to the State meeting those performance 
     targets; and
       ``(iv) a description of the expenditure of funds on a 
     geographical basis, as determined by the State; and
       ``(D) describe the manner in which the investment strategy 
     of the State would enable the State--
       ``(i) to meet the state of good repair performance targets 
     of the State; and
       ``(ii) improve the condition of the classes of 
     infrastructure described in subsection (f)(3) in the State.
       ``(3) Public availability of plan.--A State shall make the 
     system preservation and renewal plan of the State, and each 
     update of the plan, available to the public.
       ``(i) Failure to Meet State of Good Repair Performance 
     Targets.--
       ``(1) In general.--If a State does not meet the biennial 
     system preservation and renewal performance targets under 
     this section, the State shall coordinate with the Secretary 
     to direct portions of Federal funds available under this 
     title to the State toward projects eligible under this 
     section in order to meet the state of good repair performance 
     targets under this section.
       ``(2) Waiver.--The Secretary may temporarily waive the 
     application of this subsection if--
       ``(A) unforeseen events significantly impact the ability of 
     a State to meet the biennial state of good repair performance 
     targets; or
       ``(B) eligible facilities under this section in the State 
     have suffered serious damage due to an event that results in 
     the declaration of--
       ``(i) an emergency by the Governor of the State; or
       ``(ii) a major disaster by the President under the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.).
       ``(j) Oversight.--Beginning for the third fiscal year after 
     the date of enactment of the Federal-Aid Highway Preservation 
     and Renewal Program Act of 2011, and at least biennially 
     thereafter or at such other times or intervals as are 
     determined to be necessary by the Secretary, the Secretary, 
     in conjunction with the submission of the State system 
     preservation and renewal plan under subsection (g), shall 
     conduct oversight activities to assess whether the use by 
     each State of funds under this section is consistent with the 
     investment strategy of the State under this section.
       ``(k) Biennial Report to Congress.--Not later than 
     September 30, 2013, and biennially 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 containing--
       ``(1) an evaluation of the performance of each State with 
     respect to--

[[Page S3779]]

       ``(A) the investment strategy of the State under this 
     section; and
       ``(B) the system preservation and renewal performance 
     targets established for the State under this section; and
       ``(2) such recommendations as the Secretary may provide for 
     improvements of the program.
       ``(l) Additional Requirements.--
       ``(1) Safe streets policy.--Not later than 2 years after 
     the date of enactment of the Federal-Aid Highway Preservation 
     and Renewal Program Act of 2011, each State shall develop a 
     policy applicable to any project funded, in whole or in part, 
     under the program that--
       ``(A) ensures the adequate accommodation, in all phases of 
     project planning and development, of all users of the 
     transportation system, including--
       ``(i) pedestrians;
       ``(ii) bicyclists;
       ``(iii) public transit users;
       ``(iv) older individuals;
       ``(v) motorists;
       ``(vi) individuals with disabilities; and
       ``(vii) users of motor vehicles with a taxable gross weight 
     (as defined in section 4481 of the Internal Revenue Code of 
     1986) in excess of 55,000 pounds;
       ``(B) ensures the consideration of the safety and 
     convenience of all users in all phases of project planning 
     and development; and
       ``(C) delineates a clear procedure that gives due 
     consideration to the geographical location, road 
     classification, population density, and other demographic 
     factors by which projects funded, in whole or in part, under 
     this program may be exempted from complying with the policy.
       ``(2) Categorical exclusions.--To the extent appropriate, 
     the Secretary shall develop categorical exclusions from the 
     requirement that an environmental assessment or an 
     environmental impact statement under section 102 of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4332) be 
     prepared for transportation activities located within an 
     existing right-of-way funded under the program.
       ``(3) Maintenance of effort provision.--
       ``(A) In general.--For any fiscal year for which a State 
     receives funds pursuant to this section, the State shall 
     certify to the Secretary that the State will expend funds for 
     the maintenance and operations of facilities in an amount 
     that is at least equal to the average annual amount of funds 
     expended over the preceding 3 fiscal years.
       ``(B) Form and deadline.--A certification described in 
     subparagraph (A) shall be submitted in such form and not 
     later than such date as shall be determined by the Secretary.
       ``(C) Penalty for noncompliance.--If a State fails to 
     provide a certification to the Secretary in accordance with 
     subparagraph (A), the Secretary shall withhold from the 
     State, for each fiscal year until such time as the State 
     submits the certification in accordance with subparagraph 
     (A), an amount equal to 10 percent of the amounts the State 
     would have received under this section for the fiscal year.
       ``(D) Waiver.--The Secretary may temporarily waive the 
     application of this paragraph if unforeseen events 
     significantly impact the ability of a State to meet the 
     biennial state of good repair performance targets.
       ``(m) Applicability of Planning Requirements.--Nothing in 
     this section limits the applicability of sections 134 and 135 
     to projects carried out under this section.
       ``(n) Continuation of Current Review Practice.--Because 
     each individual project that is carried out under the 
     investment strategy described in the system preservation and 
     renewal plan of a State is subject to review under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), a decision by the Secretary concerning a system 
     preservation and renewal plan or an update of the plan in 
     connection with this section shall not be considered to be a 
     Federal action subject to review under that Act.
       ``(o) Transfer of NHS, Bridge Program, and Interstate 
     Maintenance Apportionments.--On application by a State and 
     approval by the Secretary, the Secretary may transfer to the 
     apportionment of the State under section 104(b)(1) the amount 
     of funds apportioned to the State for a fiscal year ending 
     before October 1, 2010, under paragraphs (1) and (4) of 
     section 104(b), and section 144(e) (as those sections were in 
     effect on the day before the date of enactment of the 
     Federal-Aid Highway Preservation and Renewal Program Act of 
     2011), that remains available for expenditure by the State.
       ``(p) Regulations on Performance Measures of Structural 
     Adequacy.--Not later than 1 year after the date of enactment 
     of the Federal-Aid Highway Preservation and Renewal Program 
     Act of 2011, the Secretary shall promulgate such regulations 
     as are necessary to carry out this section.''.
       (b) Application to System Preservation and Renewal Funds.--
     Section 126 of title 23, United States Code, is amended--
       (1) in subsection (a), by striking ``subsections (b) and 
     (c)'' and inserting ``subsections (b), (c) and (d)''; and
       (2) by adding at the end the following:
       ``(d) Application to System Preservation and Renewal 
     Funds.--
       ``(1) In general.--A State may transfer funds apportioned 
     to the State under section 104(m) for the system preservation 
     and renewal program if the State meets the overall state of 
     good repair standards established under section 119(f)(1)(B) 
     for classes of infrastructure under subparagraphs (A) and (C) 
     of sections 119(f)(3).
       ``(2) Good repair standards.--A State may transfer funds 
     apportioned to the State under sections 104(b)(4) and 144(e) 
     for the system preservation and renewal program if the State 
     meets each of the overall state of good repair standards 
     established under section 119(f)(1)(B).''.
       (c) Clerical 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:

``Sec. 119. System preservation and renewal program.''.

       (d) Conforming Amendments.--
       (1) Section 104 of title 23, United States Code, is amended 
     by adding at the end the following:
       ``(m) System Preservation and Renewal.--Notwithstanding any 
     other provision of this section, \1/2\ of the funds 
     apportioned to a State under subsection (b)(1) shall be used 
     for system preservation and renewal under section 119 of 
     title 23, United States Code.''.
       (2) Section 105 of title 23, United States Code, is amended 
     in each of subsections (a)(2) and (b)(2) by striking ``the 
     Interstate maintenance program'' each place it appears and 
     inserting ``the system preservation and renewal program''.
       (3) Section 118 of title 23, United States Code, is 
     amended--
       (A) by striking subsection (c); and
       (B) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively.
                                 ______