[Congressional Record Volume 158, Number 22 (Thursday, February 9, 2012)]
[Senate]
[Pages S423-S485]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY ACT

  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 1813) to reauthorize Federal-aid highway and 
     highway safety construction programs, and for other purposes.

  The Senate proceeded to consider the bill (S. 1813) to reauthorize 
Federal-aid highway and highway safety construction programs, and for 
other purposes, which had been reported from the Committee on 
Environment and Public Works, with amendments; as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.)

                                S. 1813

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

     SECTION 1. SHORT TITLE; 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) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                     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.

                   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.

                    TITLE II--RESEARCH AND EDUCATION

                          Subtitle A--Funding

Sec. 2101. Authorization of appropriations.

            Subtitle B--Research, Technology, and Education

Sec. 2201. Research, technology, and education.
Sec. 2202. Surface transportation research, development, and 
              technology.
Sec. 2203. Research and technology development and deployment.
Sec. 2204. Training and education.
Sec. 2205. State planning and research.
Sec. 2206. International highway transportation program.
Sec. 2207. Surface transportation environmental cooperative research 
              program.
Sec. 2208. National cooperative freight research.
Sec. 2209. University transportation centers program.
Sec. 2210. Bureau of transportation statistics.
Sec. 2211. Administrative authority.
Sec. 2212. Transportation research and development strategic planning.
Sec. 2213. National electronic vehicle corridors and recharging 
              infrastructure network.

   Subtitle C-- [Funding]Intelligent Transportation Systems Research

Sec. 2301. Use of funds for ITS activities.
Sec. 2302. Goals and purposes.
Sec. 2303. General authorities and requirements.
Sec. 2304. Research and development.
Sec. 2305. National architecture and standards.
Sec. 2306. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure 
              communications systems deployment.

          TITLE III--AMERICA FAST FORWARD FINANCING INNOVATION

Sec. 3001. Short title.
Sec. 3002. Transportation Infrastructure Finance and Innovation Act 
              amendments.
Sec. 3003. State infrastructure banks.

                  TITLE IV--HIGHWAY SPENDING CONTROLS

Sec. 4001. Highway spending controls.

     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.

                     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.

[[Page S424]]

       (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 titles I, II, and III 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 titles I, II, and III 
     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 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;
       (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 that 
     are allocated by the Secretary under this Act and title 23, 
     United States Code (other than to programs to which paragraph 
     (1) applies), 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)) 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),

[[Page S425]]

     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) title II 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 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, 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) [to] 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).

[[Page S426]]

       ``(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 provide motor vehicle access between arterial routes on 
     the National Highway System and a major intermodal 
     transportation facility that was 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

[[Page S427]]

     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).''.
       [``(d) Operation of Conventional Combination Vehicles on 
     the National Highway System.--
       ``(1) Definition of conventional combination vehicles.--In 
     this subsection, the term `conventional combination vehicles' 
     means--
       ``(A) truck-tractor or semi-trailer combinations with semi-
     trailers up to 53 feet in length and 102 inches in width;
       ``(B) truck-tractor, semi-trailer, or trailer combinations 
     with each semi-trailer and trailer up to 28.5 feet in length 
     and 102 inches in width; and
       ``(C) drive-away saddlemount combinations, not to exceed 97 
     feet in overall length, with up to 3 truck tractors, with or 
     without a full mount, towed by a truck tractor.
       ``(2) National network.--The National Network designated 
     under the Surface Transportation Assistance Act of 1982 
     (Public Law 97-424; 96 Stat. 2119) is repealed.
       ``(3) Operation of conventional combination vehicles.--
       ``(A) Requirement.--Conventional combination vehicles shall 
     be permitted to operate in all States on all segments of the 
     National Highway System other than segments--
       ``(i) that were open to traffic on the date of enactment of 
     the MAP-21; and
       ``(ii) on which all nonpassenger commercial motor vehicles 
     are banned on the date of enactment of the MAP-21.
       ``(B) Restrictions.--A State may request temporary or 
     permanent restrictions on the operation of conventional 
     combination vehicles, subject to approval by the Secretary, 
     based on safety considerations, geometric constraints, work 
     zones, weather, or traffic management requirements of special 
     events or emergencies.
       ``(C) Reasonable access.--Conventional combination vehicles 
     shall be given reasonable access, by the most reasonable, 
     practicable, and safe route available, subject to review by 
     the Secretary--
       ``(i) between the National Highway System and facilities 
     for food, fuel, and rest within 1 mile of the National 
     Highway System; and
       ``(ii) to terminal locations for the unloading and loading 
     of cargo.''.
       (b) Conforming Amendments.--]
       (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. 
     2032; 109 Stat. 597) is amended by striking ``and 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)''.
       (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.
       ``(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

[[Page S428]]

     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 [10 days] 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 
     subsection.] 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 infrastructure are directed to achievement of 
     established national performance goals for infrastructure 
     condition and performance.]
       ``(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 [enhance the 
     level of service] reduce

[[Page S429]]

     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).
       ``(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 subsection (d)(2)(G) 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 fiscal 
     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 [based on a 
     process defined by the Secretary to guide effective 
     investment decisions] 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, to the maximum extent practicable, reflect the] 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 [highway infrastructure] 
     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.--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 and other stakeholders, 
     establish--
       ``(A) minimum standards for States to use in developing and 
     operating pavement management systems and bridge management 
     systems;
       ``(B) 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);
       ``(C) 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
       ``(D) minimum levels for--
       ``(i) the condition of pavement on the Interstate System; 
     and
       ``(ii) the condition of bridges on the National Highway 
     System.]
       ``(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)(B).
       ``(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

[[Page S430]]

     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)(D), 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 the 
     amount reserved under this clause shall be increased by 2 
     percent over the amount reserved in the previous fiscal year 
     for each year after fiscal year 2013; and] 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) 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)(D).
       ``(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)(D), 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 the amount 
     reserved under this clause shall be increased by 2 percent 
     over the amount reserved in the previous fiscal year for each 
     year after fiscal year 2013; and]
       ``(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) 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)(D).''.
       (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 [15] 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,

[[Page S431]]

     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) Debris removal.--The costs of debris removal shall be 
     an eligible expense only for events not eligible for 
     assistance pursuant to the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
       ``(4) 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.
       ``(5) 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.''.

     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.
       ``(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 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 [system] 
     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;

[[Page S432]]

       ``(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), 
     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) Penalty.--If the total deck area of deficient off-
     system bridges in a State increases for the 2 most recent 
     consecutive years, the State shall be required, during the 
     following fiscal year, to obligate for the improvement of 
     deficient off-system bridges from the amounts apportioned to 
     the State under section 104(b)(2) an amount that is not less 
     than 110 percent of the amount of funds required to be 
     obligated by the State for off-system bridges for fiscal year 
     2009 under section 144(f)(2), as in effect on the day before 
     the date of enactment of the MAP-21, except that the amount 
     reserved under this subparagraph shall be increased by 2 
     percent over the amount reserved in the previous fiscal year 
     for each year after fiscal year 2013.]
       ``(A) Penalty.--If the total deck area of deficient off-
     system bridges in a State increases for the 2 most recent 
     consecutive years, the State shall be required, during the 
     following fiscal year, to obligate for the improvement of 
     deficient off-system bridges from the amounts apportioned to 
     the State under section 104(b)(2) an amount that is not less 
     than 110 percent of the amount of funds required to be 
     obligated by the State for off-system bridges for fiscal year 
     2009 under section 144(f)(2), 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 subparagraph shall be increased by 2 
     percent over the amount required to be obligated in the 
     previous fiscal year.
       ``(B) Restoration.--The obligation requirement for off-
     system bridges 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 total deck area of deficient off-
     system bridges in the State has decreased to the level it was 
     in the State for the fiscal year prior to the establishment 
     of the obligation requirement for the State under 
     subparagraph (A).
       ``(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.] 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.''.
       (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 fiscal 
     year] 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

[[Page S433]]

       ``(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 necessary bridge replacement or 
     rehabilitation project.
       ``(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--

[[Page S434]]

       ``(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

[[Page S435]]

     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; and
       ``(ix) 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 [comprehensive] 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,] 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

[[Page S436]]

     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) 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 fatality rate 
     at highway grade crossings 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 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).]
       ``(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).
       ``(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;

[[Page S437]]

       ``(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 
     [advanced] 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 or certified technologies included in the 
     list published pursuant to subsection (f)(2), as in effect on 
     the day before the date of enactment of the MAP-21, 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, PM10, or PM2.5 (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 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
       ``(H) 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.
       ``(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 PM2.5, 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 apportioned amount] 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--

[[Page S438]]

       ``(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 
     PM2.5 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 PM2.5, 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 
     pm2.5 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.--[Each] 
       ``(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.
       ``(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 
     reduction target levels based on measures established by the 
     Secretary; and

[[Page S439]]

       ``(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, 
     main streets, and other roadways, including--
       ``(i) redesign of an underused highway, particularly a 
     highway that is no longer a principal route after 
     construction of a bypass or Interstate System route, into a 
     boulevard or main street that includes multiple forms of 
     transportation;
       ``(ii) new street construction that enhances multimodal 
     connectivity and includes public transportation, pedestrian 
     walkways, or bicycle infrastructure;
       ``(iii) redesign of a street to enhance connectivity and 
     increase the efficiency of network performance that includes 
     public transportation, pedestrian walkways, or bicycle 
     infrastructure;
       ``(iv) redesign of a highway to support public 
     transportation, including transit-only lanes and priority 
     signalization for transit; or
       ``(v) construction of high-occupancy vehicle lanes and 
     congestion reduction activities that increase the efficiency 
     of the existing road network.
       ``(E) Providing transportation choices, including--
       ``(i) on-road and off-road trail facilities for 
     pedestrians, bicyclists, and other nonmotorized forms of 
     transportation, including sidewalks, bicycle infrastructure, 
     pedestrian and bicycle signals, traffic calming techniques, 
     lighting, and other safety-related infrastructure, and 
     transportation projects to achieve compliance with the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
     seq.);
       ``(ii) the planning, design, and construction of 
     infrastructure-related projects and systems that will provide 
     safe routes for nondrivers, including children, older adults, 
     and individuals with disabilities, to access daily needs;
       ``(iii) activities for safety and education for pedestrians 
     and bicyclists and to encourage walking and bicycling, 
     including efforts to encourage walking and bicycling to 
     school and community centers;
       ``(iv) conversion and use of abandoned railroad corridors 
     for trails for pedestrians, bicyclists, or other nonmotorized 
     transportation users; and
       ``(v) carpool, vanpool, and car share projects.]
       ``(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) 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.
       ``(4) 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.
       ``[(4)](5) Treatment of projects.--Notwithstanding any 
     other provision of law, projects funded under this subsection 
     shall be treated as projects on a Federal-aid system under 
     this chapter.''.

     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

[[Page S440]]

     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; [or]
       ``(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

[[Page S441]]

       ``(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 the necessary costs of conducting 
     analyses and data collection to comply with subsection (i) or 
     diesel retrofits or alternative fuel projects defined under 
     section 149 for class 8 vehicles.
       ``(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 [and transport providers], 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 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] 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;
       ``(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.

[[Page S442]]

       ``(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 [quantifiable] 
     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 [system] 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,

[[Page S443]]

     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) Administrative expenses.--
       ``(A) In general.--Of the funds authorized to be 
     appropriated for the tribal transportation program, not more 
     than 6 percent may be used by the Secretary or the Secretary 
     of the Interior for program management and oversight and 
     project-related administrative expenses.
       ``(B) Reservation of funds.--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

[[Page S444]]

     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; [or]
       ``(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
       ``[(vi)](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 (a)(6), (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) 50 percent, equal to the ratio that the amount 
     allocated to each tribe for fiscal year 2011 bears to the 
     total amount allocated to all tribes for that fiscal year; 
     and]
       ``(aa) 50 percent, equal to the ratio that the amount 
     allocated to each tribe as a tribal share for fiscal year 
     2011 bears to the total tribal share amount allocated to all 
     tribes for that fiscal year; and
       ``(bb) the remainder using tribal shares as described in 
     subparagraphs (B) and (C).

       ``(II) For fiscal year 2013 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) 20 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) 40 percent in the ratio that the total population in 
     each tribe bears to the total population of all American 
     Indians and Alaskan Natives.
       ``(iii) 40 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, 
     10 percent of such amount.
       ``(II) If the amount made available for the tribal 
     transportation program exceeds $275,000,000--

       ``(aa) $27,500,000; 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

[[Page S445]]

       ``(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.

[[Page S446]]

     ``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.

     ``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\

[[Page S447]]

     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, [60] 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

[[Page S448]]

     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, [injuries,] 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.--The Federal share of 
     funds under this section for the project shall be up to 50 
     percent of the project cost. Other eligible Federal 
     transportation funds may be used by the project sponsor up to 
     an additional 30 percent of the project costs. If a project 
     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. 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.]
       (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 system highway under 
     chapter 1 of title 23, United States Code.

                   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 transit 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 apply:
       ``(1) Existing mpo.--The term `existing MPO' mens 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.--

[[Page S449]]

       ``(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 
     small urbanized and nonurbanized areas.
       [``(9) Nonmetropolitan planning organization.--
       ``(A) In general.--The term `nonmetropolitan planning 
     organization' means an organization designated by a State to 
     enhance the planning, coordination, and implementation of 
     statewide transportation plans and programs in a 
     nonmetropolitan area, with an emphasis on addressing the 
     needs of nonmetropolitan areas of the State.
       ``(B) Inclusion.--The term `nonmetropolitan planning 
     organization' includes a rural planning organization.]
       ``(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 or tier II metropolitan 
     planning organization.
       ``(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) 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 or tier II metropolitan 
     planning organization.
       ``[(11)](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).
       ``[(12)](13) Statewide transportation plan.--The term 
     `statewide transportation plan' means a plan developed by a 
     State under section 135(f).
       ``[(13)](14) Transportation improvement program.--The term 
     `transportation improvement program' means a program 
     developed by a metropolitan planning organization under 
     subsection (j).
       ``[(14)](15) Urbanized area.--The term `urbanized area' 
     means a geographical area with a population of 50,000 or more 
     individuals, as determined by the Bureau of the 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 more than 200,000 
     individuals--
       ``(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 determined by the 
     Bureau of the 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 more than 50,000, but 
     less than 200,000, individuals--
       ``(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 determined by the 
     Bureau of the 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.--Effective beginning on the date of 
     designation or redesignation under this subsection, 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; 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 transit services 
     and projects, or carry out other activities pursuant to State 
     law.
       ``(5) Continuing designation.--A designation of a 
     metropolitan planning organization under this subsection or 
     any other provision of law--
       ``(A) for an urbanized area with a population of 200,000 or 
     more individuals 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 (7); and
       ``(B) for an urbanized area with a population of less than 
     200,000 individuals, shall be terminated on the date that is 
     3 years after the date on which the Secretary promulgates a 
     regulation pursuant to subsection (e)(4)(B)(i), unless 
     reaffirmed by the existing MPO and the applicable Governor 
     and approved by the Secretary, on the basis of meeting the 
     minimum requirements established by the regulation.
       ``(6) Extension.--
       ``(A) In general.--If the applicable Governor, acting on 
     behalf of a metropolitan planning organization for an 
     urbanized area with a population of less than 200,000 that 
     would otherwise be terminated under paragraph (5)(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 paragraph (5)(B) for a period of 1 year; 
     and
       ``(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).
       ``(B) Designation as tier ii mpo.--If the Secretary 
     determines the metropolitan planning organization has met the 
     minimum requirements under subsection (e)(4)(B)(i) before the 
     final termination date, the metropolitan planning 
     organization shall be designated as a tier II MPO.
       ``(7) Redesignation.--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--
       ``(A) the applicable Governor; and
       ``(B) 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 determined by the Bureau of 
     the Census).
       ``(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 subsection (c)(5).
       ``(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--

[[Page S450]]

       ``(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).
       ``(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 less than 1,000,000, but more than 
     200,000, individuals and primarily within urbanized areas 
     with populations of more than 200,000 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 publish a regulation 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 publish a 
     regulation 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) ensure 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 staff resources necessary to operate the 
     metropolitan planning organization; and
       ``(bb) a requirement that the metropolitan planning 
     organization has the technical capacity to conduct the 
     modeling necessary 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) Inclusion.--A metropolitan planning organization 
     operating primarily within an urbanized area with a 
     population of more than 200,000 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) Small urbanized areas.--
       ``(i) In general.--Not later than 2 years after the date of 
     publication of the regulation under subparagraph (B)(i), any 
     existing MPO operating primarily within an urbanized area 
     with a population of fewer than 200,000, but more than 
     50,000, individuals (as determined before the date of 
     enactment of the MAP-21), with the support of the applicable 
     Governor, may request designation as a tier II MPO on a 
     determination by the Secretary that the metropolitan planning 
     organization has met the minimum requirements under 
     subparagraph (B)(i).
       ``(ii) Absence of designation.--A metropolitan planning 
     organization that is the subject of a negative determination 
     of the Secretary under clause (i) 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.

       ``(iii) Action on dissolution.--On submission of a plan 
     under clause (ii), the metropolitan planning area served by 
     the applicable metropolitan planning organization shall--

       ``(I) continue to receive metropolitan transportation 
     planning funds until the earlier of--

       ``(aa) the date of dissolution of the metropolitan planning 
     organization; and
       ``(bb) 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.

       ``(D) 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 
     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 
     each other metropolitan planning organization 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

[[Page S451]]

     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, 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, 
     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).
       ``(B) 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.
       ``(C) Timing.--Each metropolitan planning organization 
     shall establish the performance targets under subparagraph 
     (B) not later than 90 days after the date of establishment by 
     the relevant State of performance targets pursuant to 
     sections 119(f), 148(h), 149(k), where applicable, and 
     167(i).
       ``(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 this paragraph into other] described in 
     other State plans and processes required as part of a 
     performance-based program, including plans such as--
       ``(i) the State National Highway System asset management 
     plan;
       ``(ii) the State strategic highway safety plan;
       ``(iii) the congestion mitigation and air quality 
     performance [plan] plan, where applicable;
       ``(iv) the national freight strategic plan; and
       ``(v) 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 notice and a reasonable opportunity 
     to comment on the metropolitan transportation plan and 
     transportation improvement program and any relevant 
     scenarios.
       ``(B) 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 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, transit 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

[[Page S452]]

     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.--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 the following:
       ``(A) 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) may include a revenue constrained scenario based on 
     total revenues reasonable expected to be available over the 
     20-year planning period and assumed population and 
     employment; and
       ``(vi) may include estimated costs and potential revenues 
     available to support each scenario.
       ``(B) 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.]
       ``(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 an 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 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 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.--

[[Page S453]]

       ``(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) 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).
       ``(C) 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, transit 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 targets described in subsection (h)(2); 
     and
       ``(B) demonstrates progress on the achievement of those 
     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; and
       ``(B) a transportation improvement program for the 
     metropolitan planning area has been approved by the relevant 
     metropolitan planning organization and 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 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--

[[Page S454]]

       ``(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 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 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 [coordinate] 
     consult with local officials in small urbanized 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.--
       ``(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; and
       ``(C) develop the transportation portion of the State 
     implementation plan as required by the Clean Air Act (42 
     U.S.C. 7401 et seq.).]
       ``(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--

[[Page S455]]

       ``(A) support the economic vitality of the United States, 
     the State, nonmetropolitan areas, and metropolitan areas, 
     especially by enabling global competitiveness, 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).
       ``(B) Performance targets.--
       ``(i) In general.--Each State shall establish performance 
     targets that address the performance measures described in 
     sections 119(f), 148(h), [149(k),] 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) 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 targets described in 
     this paragraph in other State plans and processes required as 
     part of a performance-based program, including plans such 
     as--
       ``(i) the State National Highway System asset management 
     plan;
       ``(ii) the State strategic highway safety plan; and
       [``(iii) the congestion mitigation and air quality 
     performance plan; and
       ``(iv)](iii) the national freight strategic plan.
       ``(D) 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 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 subparagraph (A), the State 
     shall, to the maximum extent practicable--
       ``(i) 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;
       ``(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 
     statewide transportation plans and statewide 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).
       ``(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 long-
     range 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 [coordination] 
     consultation with affected nonmetropolitan local officials 
     with responsibility for 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, transit 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

[[Page S456]]

     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 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 [cooperation] 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 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 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 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)(A) 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

[[Page S457]]

     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, transit 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, 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 
     applicable Federal law; and
       ``(B) subject to paragraph (2), certify, not less 
     frequently than once every 5 years, 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 
     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 by 2 years after the date of issuance of guidance by 
     the Secretary.''.
       (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.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code,

[[Page S458]]

     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

[[Page S459]]

     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) in subsection (c) by striking paragraph (3) and 
     inserting the following:
       ``(3) Sovereign immunity.--By executing an agreement with 
     the Secretary and assuming the responsibilities of the 
     Secretary under this section, the State waives the sovereign 
     immunity of the State under the 11th Amendment of the 
     Constitution from suit in Federal court and expressly 
     consents to accept the jurisdiction of the Federal courts 
     with respect to any action relating to the compliance, 
     discharge, and enforcement of any responsibility of the 
     Secretary that the State assumes.'';]
       [(2)](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

[[Page S460]]

     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
       [(3)](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) by striking clause (ii) and 
     inserting the following:
       ``(ii) 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

       (ii) by adding at the end the following:
       [``(F) Sovereign immunity.--By executing an agreement with 
     the Secretary and assuming the responsibilities of the 
     Secretary under this section, the State waives the sovereign 
     immunity of the State under the 11th Amendment of the 
     Constitution from suit in Federal court and expressly 
     consents to accept the jurisdiction of the Federal courts 
     with respect to any action relating to the compliance, 
     discharge, and enforcement of any responsibility of the 
     Secretary that the State assumes.]
       ``[(G)](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.

[[Page S461]]

     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

[[Page S462]]

     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

[[Page S463]]

       (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 system 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 6 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:

[[Page S464]]

       ``(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.

       [(a) T5Positive Protective Devices.]--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.
       [(b) Turnout Gear.--Notwithstanding sections 6D.03 and 
     6E.02 of the Manual on Uniform Traffic Control Devices dated 
     2009 (as in effect on the date of enactment of this Act), any 
     firefighter engaged in any type of operation while working 
     within the right-of-way of a Federal-aid highway may 
     optionally wear for compliance retroreflective turnout gear 
     that is specified and regulated by other organizations, such 
     as the gear specified in National Fire Protection Association 
     standards 1971 through 2007 (as in effect on that date of 
     enactment), in lieu of apparel meeting the requirements under 
     ANSI/ISEA 107-2004 or ANSI/ISEA 207-2006 (as in effect on 
     that date).]

                       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.'';

[[Page S465]]

       (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) in subsection (e)--
       (A) in the first sentence--

[[Page S466]]

       (i) in the matter preceding paragraph (1) by striking ``on 
     such highway'' and inserting ``on the system''; [and]
       (ii) in paragraph (1) by striking ``within 180 days after 
     the actual occurrence of the natural disaster or catastrophic 
     failure may amount to 100 percent of the costs thereof'' and 
     inserting ``, beginning for fiscal year 2012, in such time 
     period as the Secretary, in consultation with the Governor of 
     the impacted State, determines to be appropriate within 270 
     days after the occurrence of the natural disaster or 
     catastrophic failure, taking into consideration any delay in 
     the ability of the State to access damaged facilities to 
     evaluate damage and the cost of repair, may be, in the 
     discretion of the Secretary, up to 100 percent if the 
     eligible expenses incurred by the State due to the natural 
     disaster or catastrophic failure exceeds the annual 
     apportionment of the State under section 104 for the fiscal 
     year in which the disaster or failure occurred''; and
       (ii)(iii) in paragraph (2) by striking ``forest highways, 
     forest development roads and trails, park roads and trails, 
     parkways, public lands highways, public lands development 
     roads and trails, and Indian reservation roads'' and 
     inserting ``Federal land transportation facilities and tribal 
     transportation facilities''; and
       (B) by striking the second and third sentences;
       (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.''.
       (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 [and employ] diesel emission control 
     technology on covered equipment, with an engine that does not 
     meet [any particulate matter emission standards] current 
     model year new engine standards for PM2.5 for the 
     applicable engine power group issued by the Environmental 
     Protection Agency, on a covered highway project within a 
     PM2.5 nonattainment or maintenance area.
       ``(b) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Covered equipment.--The term `covered [construction] 
     equipment' means any [off-road] 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.--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.
       ``(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; or
       ``(iv) an idle reduction control technology; [and]
       ``(B) reduces PM2.5 emissions 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.; 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) [Off-road] nonroad diesel equipment.--
       ``(A) In general.--The term `[off-road] 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.

[[Page S467]]

       ``(B) Inclusions.--The term `[off-road] nonroad diesel 
     equipment' includes a backhoe, bulldozer, compressor, crane, 
     excavator, generator, and similar equipment.
       ``(C) Exclusions.--The term `[off-road] 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) PM2.5 nonattainment or maintenance area.--
     The term `PM2.5 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.--
       ``(1) Diesel exhaust control technology.--For a diesel 
     exhaust control technology, the technology shall be--
       ``(A) installed on a diesel engine or vehicle;
       ``(B) included in the list of verified or certified 
     technologies for non-road vehicles and non-road engines (as 
     defined in section 216 of the Clean Air Act (42 U.S.C. 7550)) 
     published pursuant to subsection (f)(2) of section 149, as in 
     effect on the day before the date of enactment of the MAP-21; 
     and
       ``(C) certified by the installer as having been installed 
     in accordance with the specifications included on the list 
     referred to in [subclause (II)] subparagraph (B) for 
     achieving a reduction in PM2.5.
       ``(2) Diesel engine upgrade.--For a diesel engine upgrade, 
     the upgrade shall be performed on an engine that is--
       ``(A) rebuilt using new components that collectively appear 
     as a system in the list of verified or certified technologies 
     for non-road vehicles and non-road engines (as defined in 
     section 216 of the Clean Air Act (42 U.S.C. 7550)) published 
     pursuant to subsection (f)(2) of section 149, as in effect on 
     the day before the date of enactment of the MAP-21; and
       ``(B) certified by the installer to have been installed in 
     accordance with the specifications included on the list 
     referred to in [subclause (I)] subparagraph (A) for achieving 
     a reduction in PM2.5.
       ``(3) Diesel engine repower.--For a diesel engine repower, 
     the repower shall be conducted on 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--
       ``(i) used for scrap;
       ``(ii) permanently disabled; or
       ``(iii) returned to the original manufacturer for 
     remanufacture to a PM level that is at least equivalent to a 
     Tier 2 emission standard; and
       ``(B) certified by the engine manufacturer as meeting the 
     emission standards for new vehicles for the applicable engine 
     power group established by the Environmental Protection 
     Agency as in effect on the date on which the engine is 
     remanufactured.
       ``(4) Idle reduction control technology.--For an idle 
     reduction control technology, the technology shall be--
       ``(A) installed on a diesel engine or vehicle;
       ``(B) included in the list of verified or certified 
     technologies for non-road vehicles and non-road engines (as 
     defined in section 216 of the Clean Air Act (42 U.S.C. 7550)) 
     published pursuant to subsection (f)(2) of section 149, as in 
     effect on the day before the date of enactment of the MAP-21; 
     and
       ``(C) certified by the installer as having been installed 
     in accordance with the specifications included on the list 
     referred to in [subclause (II)] subparagraph (B) for 
     achieving a reduction in PM2.5.''.
       (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 21 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)(1) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law 102-
     388) is amended by striking ``, for the period beginning on 
     October 6, 1992, and ending on October 1, 2009,''.

     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:

[[Page S468]]

       ``(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 Healthy Futures 
     Corps under section 122(a)(2) of the National and Community 
     Service Act of 1990 (42 U.S.C. 12572(a)(2)) or qualified 
     urban youth corps (as defined in section 106(c) of the 
     National and Community Service Trust Act of 1993 (42 U.S.C. 
     12656(c)) 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 in section 101(a) of such title);
       (3) appropriate transportation byway, trail, or bicycle and 
     pedestrian projects under section 204 of such title; and
       (4) appropriate safe routes to school projects under 
     section 1404 of the SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 
     1228).
       (b) Requirements.--Under any contract or cooperative 
     agreement entered into with a Healthy Futures Corps or 
     qualified urban youth corps under this section, the 
     Secretary--
       (1) shall establish the amount of a living allowance or 
     rate of pay for each participant in such corps--
       (A) at such amount or rate as is required under State law 
     in a State with such a requirement; or
       (B) for corps in a State 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 the National and Community Service Act of 1990 (42 U.S.C. 
     12594); and
       (2) shall 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 [$10,000,000 for each fiscal year] 
     $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, 147, 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, 147, 152, 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)''; [and]
       (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] 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.

[[Page S469]]

       (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).

                    TITLE II--RESEARCH AND EDUCATION

                          Subtitle A--Funding

     SEC. 2101. 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.

            Subtitle B--Research, Technology, and Education

     SEC. 2201. 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. 2202. 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;

[[Page S470]]

       (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. 2203. 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 infrastructure research and development 
     activities--

[[Page S471]]

       ``(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 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 of infrastructure resilience and other 
     adaptation measures; and
       ``(XVIII) 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.

       ``(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 MAP-21, 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; and
       ``(XVII) reducing the environmental impacts of freight 
     movement.

       ``(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;

[[Page S472]]

       ``(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.

[[Page S473]]

       ``(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.
       ``(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. 2204. 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) Regional Surface Workforce Development Centers.--
       ``(1) In general.--The Secretary may make grants under this 
     section to nonprofit institutions of higher education to 
     establish and operate 5 regional workforce development 
     centers.
       ``(2) Use of amounts.--
       ``(A) In general.--Amounts made available under this 
     subsection shall be used by a recipient to identify, promote, 
     and advance programs and activities that provide for a 
     skilled, technically competent surface transportation 
     workforce, including--
       ``(i) programs carried out through elementary and secondary 
     schools;
       ``(ii) programs carried out through community colleges; and
       ``(iii) technical training and apprenticeship programs that 
     are carried out in coordination with labor organizations, 
     employers, and other relevant stakeholders.
       ``(B) Optional use.--Amounts made available under this 
     subsection may be used to support professional development 
     activities for inservice transportation workers.
       ``(3) Consultation.--In carrying out this subsection, each 
     regional workforce development center shall consult with 
     stakeholders in the education and transportation communities, 
     including organizations representing the interests of--
       ``(A) elementary and secondary schools;
       ``(B) institutions of higher education;
       ``(C) inservice transportation workers; and
       ``(D) transportation professionals.
       ``(i) Centers for Surface Transportation Excellence.--]
       ``(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. 2205. 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[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[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. 2206. INTERNATIONAL HIGHWAY TRANSPORTATION PROGRAM.

       Section 506 of title 23, United States Code, is repealed.

[[Page S474]]

     SEC. 2207. SURFACE TRANSPORTATION ENVIRONMENTAL COOPERATIVE 
                   RESEARCH PROGRAM.

       Section 507 of title 23, United States Code, is repealed.

     SEC. 2208. 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. 2209. 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) 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 MAP-21, 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) Tier 1 university transportation centers.--
       ``(A) In general.--For each of fiscal years 2012 and 2013 
     and subject to subparagraph (B), the Secretary shall provide 
     grants to not more than 15 recipients that the Secretary 
     determines best meet the criteria described in subsection 
     (b)(2).
       ``(B) Restrictions.--
       ``(i) In general.--For each fiscal year, a grant made 
     available under this paragraph shall not exceed $3,500,000 
     per recipient.
       ``(ii) Focused research.--At least 2 of the recipients 
     awarded a grant under this paragraph shall have expertise in, 
     and focus research on, public transportation issues.
       ``(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) subject to prior approval by the Secretary, a 
     transportation-related grant from the National Science 
     Foundation.

       ``(3) Tier 2 university transportation centers.--
       ``(A) In general.--For each of fiscal years 2012 and 2013, 
     the Secretary shall provide grants of not more than 
     $2,000,000 each to not more than 20 recipients to carry out 
     this section.
       ``(B) Restriction.--A grant recipient under paragraph (2) 
     shall not be eligible to receive a grant under this 
     paragraph.
       ``(C) Matching requirement.--
       ``(i) In general.--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) subject to prior approval by the Secretary, a 
     transportation-related grant from the National Science 
     Foundation.

       ``(D) Focused research.--In awarding grants under this 
     paragraph, consideration shall be given to minority 
     institutions, as defined by section 365(3) of the Higher 
     Education Act (20 U.S.C. Sec. 1067k), or consortia that 
     include such institutions that have demonstrated an ability 
     in transportation-related research [and for which the 
     requirements of subparagraph]. The requirements of subsection 
     (c)(3)(C) shall not apply upon demonstration of financial 
     hardship by the applicant institution.
       ``(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. 2210. 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

``6301. [Establishment]Definitions.
``6302. [Director]Bureau of Transportation Statistics.
``6303. [Responsibilities]Intermodal transportation database.
``6304. National transportation library.
``6305. Advisory council on transportation statistics.
``6306. Transportation statistical collection, analysis, and 
              dissemination.
``6307. Furnishing of information, data, or reports by Federal 
              agencies.
[``6308. Prohibition on certain disclosures Proceeds of data product 
              sales.
``6309. Data access.]
``[6310]6308. Proceeds of data product sales.
``[6311]6309. Information collection.
``[6312]6310. National transportation atlas database.
``[6313]6311. Limitations on statutory construction.

[[Page S475]]

``[6314]6312. Research and development grants.
``[6315]6313. Transportation statistics annual report.
``[6316]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 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 Department safety data 
     programs;

       ``(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) evaluate and update as necessary surveys and data 
     collection methods of the Department on a continual basis 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 the 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 under 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.
       ``(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.

     ``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 shall be suitable for analyses 
     carried out by the Federal Government, the States, and 
     metropolitan planning organizations.
       ``(c) Contents.--The database 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 
     combination, 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 combination, 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 of Transportation 
     Statistics a National Transportation Library that 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 as well as 
     internationally;
       ``(8) coordinate efforts among, and cooperate with, 
     transportation libraries, information providers, and 
     technical assistance centers, with the goal of developing a 
     comprehensive transportation information and knowledge 
     network that supports the activities described in section 
     6302(b)(3)(B); 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), with the goal of improving 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, provide 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 relating to the 
     strategic goals of the Department, knowledge networking, and 
     national and international cooperation, by entering into 
     contracts or other agreements or providing grants.
       ``(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 and remain available until expended.

[[Page S476]]

     ``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 function of the advisory council 
     established under this subsection is to 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.--The advisory council shall be composed 
     of not fewer than 9 and not more than 11 members appointed by 
     the Director, who shall not be officers or employees of the 
     United States.
       ``(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) Previous members.--A member serving on an advisory 
     council on transportation statistics on the day before the 
     date of enactment of the MAP-21 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;
       ``(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.--Except as expressly prohibited by law, the Director 
     shall have access to any transportation and transportation-
     related information in the possession of any Federal 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) In General.--An owner, official, agent, person]
       ``(a) Freight Data Collection.--
       ``(1) In general.--An owner, official, agent, person in 
     charge, or assistant to the person in charge of [any] 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)--
       [``(1) to answer completely and correctly to the]
       ``(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
       [``(2) to make available records or statistics in]
       ``(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--

[[Page S477]]

       ``(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 of chapter 1 of that title is deleted.
       (2) Analysis of 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. 2211. 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 may expend not more 
     than 1\1/2\ percent of the amounts authorized to be 
     appropriated for the administration and operation of the 
     Research and Innovative Technology Administration to carry 
     out 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 3709 of 
     the Revised Statutes (41 U.S.C. 5) shall not apply to a 
     contract, grant, or other agreement entered into under this 
     section.''.

     SEC. 2212. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC 
                   PLANNING.

       Section 508(a)(2) of title 23, United States Code, is 
     amended 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;''.

     SEC. 2213. NATIONAL ELECTRONIC VEHICLE CORRIDORS AND 
                   RECHARGING INFRASTRUCTURE NETWORK.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish a 
     stakeholder-driven process to develop a plan and map of a 
     potential national network of electric vehicle corridors and 
     recharging infrastructure.
       (b) Requirements.--The plan under subsection (a) shall--
       (1) project the near- and long-term need for and location 
     of electric vehicle refueling infrastructure at strategic 
     locations across all major national highways, roads, and 
     corridors;
       (2) identify infrastructure and standardization needs for 
     electricity providers, infrastructure providers, vehicle 
     manufacturers, and electricity purchasers; and
       (3) establish an aspirational goal of achieving strategic 
     deployment of electric vehicle infrastructure by 2020.
       (c) Stakeholders.--In developing the plan under subsection 
     (a), the Secretary shall involve, on a voluntary basis, 
     stakeholders that include--
       (1) the heads of other Federal agencies;
       (2) State and local officials;
       (3) representatives of--
       (A) energy utilities;
       (B) the vehicles industry;
       (C) the freight and shipping industry;
       (D) clean technology firms;
       (E) the hospitality industry;
       (F) the restaurant industry; and
       (G) highway rest stop vendors; and
       (4) such other stakeholders as the Secretary determines to 
     be necessary.

   Subtitle C--[Funding] Intelligent Transportation Systems Research

     SEC. 2301. 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 
     deployment of ITS technologies and services within all 
     funding programs authorized by the MAP-21; 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 
     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--

[[Page S478]]

       ``(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 MAP-21, 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, 
     [and public service utilities] 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. 2302. 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;

[[Page S479]]

       ``(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. 2303. 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 
     2302) 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 MAP-21, 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 2302) the 
     following:

``515. General authorities and requirements.''.

     SEC. 2304. 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 
     2303) 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.

[[Page S480]]

       ``(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 2304) the 
     following:

``516. Research and development.''.

     SEC. 2305. 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 
     2304) 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 2304) the 
     following:

``517. National architecture and standards.''.

     SEC. 2306. 5.9 GHZ 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 
     2305) the following:

     ``Sec. 518. 5.9 GHz 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 to the 
     appropriate committees of Congress a report that--
       ``(1) describes a recommended implementation path for 
     dedicated short-range communications technology and 
     applications; and
       ``(2) includes guidance on the relationship of the proposed 
     deployment of dedicated short-range communications to the 
     National ITS Architecture and ITS Standards.
       ``(b) National Research Council Review.--The Secretary 
     shall enter into an agreement with the National Research 
     Council for the review by the National Research Council of 
     the report described in subsection (a).''.
       (b) Conforming Amendment.--The analysis of chapter 5 of 
     title 23, United States Code, is amended by adding after 
     section 517 (as added by section 2305) the following:

``518. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure 
              communications systems deployment.''.

          TITLE III--AMERICA FAST FORWARD FINANCING INNOVATION

     SEC. 3001. SHORT TITLE.

       This title may be cited as the ``America Fast Forward 
     Financing Innovation Act of 2011''.

     SEC. 3002. 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--

[[Page S481]]

       ``(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.); [and]
       ``(ii) compliance with such other requirements as are 
     specified in section 602(c); and
       ``(iii) the availibility 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 located in any area other than an 
     urbanized area that has a population of greater than 200,000 
     inhabitants.
       ``(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 [clauses (ii) and] 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.--
       [``(A) In general.--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[, or pay its own 
     credit subsidy to permit an obligation.
       ``(B) Use of funds.--A project sponsor may use non-Federal 
     funds or any eligible funds apportioned under chapter 1 of 
     this title or chapter 53 of title 49 to pay a credit subsidy 
     described in subparagraph (A).]
       ``(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.).

[[Page S482]]

       ``(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; [or]
       ``(C) to refinance existing loan agreements for rural 
     infrastructure projects; or
       ``[(C)](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 [subparagraphs (B) 
     and (C)] 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,

[[Page S483]]

     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 for 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

[[Page S484]]

     of infrastructure investments assisted by this chapter (other 
     than section 610) without Federal participation.''.

     SEC. 3003. 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 IV--HIGHWAY SPENDING CONTROLS

     SEC. 4001. 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.--Not 
     later than 60 days after the date of enactment of the MAP-21, 
     the Secretary, in consultation with the Secretary of 
     Treasury, shall--
       ``(1) 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 is equal to the obligation limitations 
     enacted for those fiscal years in the MAP-21;
       ``(2) determine if the estimated balance of the Highway 
     Trust Fund (other than the Mass Transit Account) would fall 
     below--
       ``(A) $2,000,000,000 at the end of the fiscal year for 
     which the obligation limitation is being distributed; or
       ``(B) $1,000,000,000 at the end of the next fiscal year;
       ``(3) if either of the conditions in paragraph (1) 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 
     such occurrence, for purposes of which calculation the 
     Secretary shall assume that the obligation limitation on 
     Federal-aid highways and highway safety construction programs 
     for the next fiscal year is equal to the obligation 
     limitation for the fiscal year for which the limitation is 
     being distributed as reduced pursuant to this subparagraph;
       ``(4) distribute such obligation limitation, less any 
     amount determined under paragraph (3);
       ``(5) ensure that any obligation limitation that is 
     withheld from distribution pursuant to paragraph (3) shall 
     lapse immediately following the distribution of obligation 
     limitation under paragraph (4); and
       ``(6) upon the lapse of any obligation limitation under 
     paragraph (5), reduce proportionately the amount of sums 
     authorized to be appropriated from the Highway Trust Fund 
     (other than the Mass Transit Account) for such fiscal year to 
     carry out each of the Federal-aid highway and highway safety 
     construction programs (other than emergency relief) by an 
     aggregate amount equal to the amount determined pursuant to 
     such paragraph. The amounts withheld pursuant to this 
     paragraph are permanently rescinded.]
       ``(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 is will be 
     equal to the obligation limitation enacted for the fiscal 
     year for which the limitation is being distributed;
       ``(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 the fiscal year for 
     which the obligation limitation is being distributed; or
       ``(ii) $1,000,000,000 at the end of the next fiscal year;
       ``(C) if either of the conditions 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 
     such 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 [paragraph] 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 [subparagraph] 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''.....

  The PRESIDING OFFICER. Under the previous order, the committee-
reported amendments are agreed to, and the bill, as amended, will be 
considered original text for purposes of further amendment.


                           Amendment No. 1515

  Mr. REID. On behalf of Senators Johnson and Shelby, the chairman and 
ranking member of the Banking Committee, I send an amendment to the 
desk.
  The PRESIDING OFFICER. The clerk will report.

[[Page S485]]

  The bill clerk read as follows:

       The Senator from Nevada [Mr. Reid], for Mr. Johnson and Mr. 
     Shelby, proposes an amendment numbered 1515.

  Mr. REID. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')

                          ____________________