[Congressional Record Volume 158, Number 22 (Thursday, February 9, 2012)]
[Senate]
[Pages S504-S543]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1513. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 354, line 14, strike the quotation mark and the 
     following period.
       On page 354, between lines 14 and 15, insert the following:
       ``(6) Reduced regulatory burdens.--To reduce excessive 
     regulatory burdens that hinder job growth, project and 
     program delivery, and cost reductions.''.
                                 ______
                                 
  SA 1514. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 45, between lines 16 and 17, insert the following:
       ``(C) Further adjustment for privatized highways.--
       ``(i) Definition of privatized highway.--In this 
     subparagraph, the term `privatized highway' means a highway 
     subject to an agreement giving a private entity--

       ``(I) control over the operation of the highway; and
       ``(II) ownership over the toll revenues collected from the 
     operation of the highway.

       ``(ii) Adjustment.--After making the adjustments to the 
     apportionment of a State under subparagraphs (A) and (B), the 
     Secretary shall further adjust the amount to be apportioned 
     to the State by reducing the apportionment by an amount equal 
     to the product obtained by multiplying--

       ``(I) the amount to be apportioned to the State, as so 
     adjusted under those subparagraphs; and
       ``(II) the percentage described in clause (iii).

       ``(iii) Percentage.--The percentage referred to in clause 
     (ii) is the percentage equal to the sum obtained by adding--

       ``(I) the product obtained by multiplying--

       ``(aa) \1/2\; and
       ``(bb) the proportion that--
       ``(AA) the total number of privatized lane miles of 
     National Highway System routes in a State; bears to
       ``(BB) the total number of all lane miles of National 
     Highway System routes in the State; and

       ``(II) the product obtained by multiplying--

       ``(aa) \1/2\; and
       ``(bb) the proportion that--
       ``(AA) the total number of vehicle miles traveled on 
     privatized lanes on National Highway System routes in the 
     State; bears to
       ``(BB) the total number of vehicle miles traveled on all 
     lanes on National Highway System routes in the State.''.

[[Page S505]]

                                 ______
                                 
  SA 1515. Mr. REID (for Mr. Johnson of South Dakota (for himself and 
Mr. Shelby)) proposed an amendment to the bill S. 1813, to reauthorize 
Federal-aid highway and highway safety construction programs, and for 
other purposes; as follows:

       At the end add the following:

                   DIVISION D--PUBLIC TRANSPORTATION

     SEC. 40001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Federal Public Transportation Act of 2012''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 40001. Short title; table of contents.
Sec. 40002. Repeals.
Sec. 40003. Policies, purposes, and goals.
Sec. 40004. Definitions.
Sec. 40005. Metropolitan transportation planning.
Sec. 40006. Statewide and nonmetropolitan transportation planning.
Sec. 40007. Public Transportation Emergency Relief Program.
Sec. 40008. Urbanized area formula grants.
Sec. 40009. Clean fuel grant program.
Sec. 40010. Fixed guideway capital investment grants.
Sec. 40011. Formula grants for the enhanced mobility of seniors and 
              individuals with disabilities.
Sec. 40012. Formula grants for other than urbanized areas.
Sec. 40013. Research, development, demonstration, and deployment 
              projects.
Sec. 40014. Technical assistance and standards development.
Sec. 40015. Bus testing facilities.
Sec. 40016. Public transportation workforce development and human 
              resource programs.
Sec. 40017. General provisions.
Sec. 40018. Contract requirements.
Sec. 40019. Transit asset management.
Sec. 40020. Project management oversight.
Sec. 40021. Public transportation safety.
Sec. 40022. Alcohol and controlled substances testing.
Sec. 40023. Nondiscrimination.
Sec. 40024. Labor standards.
Sec. 40025. Administrative provisions.
Sec. 40026. National transit database.
Sec. 40027. Apportionment of appropriations for formula grants.
Sec. 40028. State of good repair grants.
Sec. 40029. Authorizations.
Sec. 40030. Apportionments based on growing States and high density 
              States formula factors.
Sec. 40031. Technical and conforming amendments.

     SEC. 40002. REPEALS.

       (a) Chapter 53.--Chapter 53 of title 49, United States 
     Code, is amended by striking sections 5316, 5317, 5321, 5324, 
     5328, and 5339.
       (b) Transportation Equity Act for the 21st Century.--
     Section 3038 of the Transportation Equity Act for the 21st 
     Century (49 U.S.C. 5310 note) is repealed.
       (c) SAFETEA-LU.--The following provisions are repealed:
       (1) Section 3009(i) of SAFETEA-LU (Public Law 109-59; 119 
     Stat. 1572).
       (2) Section 3011(c) of SAFETEA-LU (49 U.S.C. 5309 note).
       (3) Section 3012(b) of SAFETEA-LU (49 U.S.C. 5310 note).
       (4) Section 3045 of SAFETEA-LU (49 U.S.C. 5308 note).
       (5) Section 3046 of SAFETEA-LU (49 U.S.C. 5338 note).

     SEC. 40003. POLICIES, PURPOSES, AND GOALS.

       Section 5301 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5301. Policies, purposes, and goals

       ``(a) Declaration of Policy.--It is in the interest of the 
     United States, including the economic interest of the United 
     States, to foster the development and revitalization of 
     public transportation systems.
       ``(b) General Purposes.--The purposes of this chapter are 
     to--
       ``(1) provide funding to support public transportation;
       ``(2) improve the development and delivery of capital 
     projects;
       ``(3) initiate a new framework for improving the safety of 
     public transportation systems;
       ``(4) establish standards for the state of good repair of 
     public transportation infrastructure and vehicles;
       ``(5) promote continuing, cooperative, and comprehensive 
     planning that improves the performance of the transportation 
     network;
       ``(6) establish a technical assistance program to assist 
     recipients under this chapter to more effectively and 
     efficiently provide public transportation service;
       ``(7) continue Federal support for public transportation 
     providers to deliver high quality service to all users, 
     including individuals with disabilities, seniors, and 
     individuals who depend on public transportation;
       ``(8) support research, development, demonstration, and 
     deployment projects dedicated to assisting in the delivery of 
     efficient and effective public transportation service; and
       ``(9) promote the development of the public transportation 
     workforce.
       ``(c) National Goals.--The goals of this chapter are to--
       ``(1) increase the availability and accessibility of public 
     transportation across a balanced, multimodal transportation 
     network;
       ``(2) promote the environmental benefits of public 
     transportation, including reduced reliance on fossil fuels, 
     fewer harmful emissions, and lower public health 
     expenditures;
       ``(3) improve the safety of public transportation systems;
       ``(4) achieve and maintain a state of good repair of public 
     transportation infrastructure and vehicles;
       ``(5) provide an efficient and reliable alternative to 
     congested roadways;
       ``(6) increase the affordability of transportation for all 
     users; and
       ``(7) maximize economic development opportunities by--
       ``(A) connecting workers to jobs;
       ``(B) encouraging mixed-use, transit-oriented development; 
     and
       ``(C) leveraging private investment and joint 
     development.''.

     SEC. 40004. DEFINITIONS.

       Section 5302 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5302. Definitions

       ``Except as otherwise specifically provided, in this 
     chapter the following definitions apply:
       ``(1) Associated transit improvement.--The term `associated 
     transit improvement' means, with respect to any project or an 
     area to be served by a project, projects that are designed to 
     enhance public transportation service or use and that are 
     physically or functionally related to transit facilities. 
     Eligible projects are--
       ``(A) historic preservation, rehabilitation, and operation 
     of historic public transportation buildings, structures, and 
     facilities (including historic bus and railroad facilities) 
     intended for use in public transportation service;
       ``(B) bus shelters;
       ``(C) landscaping and streetscaping, including benches, 
     trash receptacles, and street lights;
       ``(D) pedestrian access and walkways;
       ``(E) bicycle access, including bicycle storage facilities 
     and installing equipment for transporting bicycles on public 
     transportation vehicles;
       ``(F) signage; or
       ``(G) enhanced access for persons with disabilities to 
     public transportation.
       ``(2) Bus rapid transit system.--The term `bus rapid 
     transit system' means a bus transit system--
       ``(A) in which the majority of each line operates in a 
     separated right-of-way dedicated for public transportation 
     use during peak periods; and
       ``(B) that includes features that emulate the services 
     provided by rail fixed guideway public transportation 
     systems, including--
       ``(i) defined stations;
       ``(ii) traffic signal priority for public transportation 
     vehicles;
       ``(iii) short headway bidirectional services for a 
     substantial part of weekdays and weekend days; and
       ``(iv) any other features the Secretary may determine are 
     necessary to produce high-quality public transportation 
     services that emulate the services provided by rail fixed 
     guideway public transportation systems.
       ``(3) Capital project.--The term `capital project' means a 
     project for--
       ``(A) acquiring, constructing, supervising, or inspecting 
     equipment or a facility for use in public transportation, 
     expenses incidental to the acquisition or construction 
     (including designing, engineering, location surveying, 
     mapping, and acquiring rights-of-way), payments for the 
     capital portions of rail trackage rights agreements, transit-
     related intelligent transportation systems, relocation 
     assistance, acquiring replacement housing sites, and 
     acquiring, constructing, relocating, and rehabilitating 
     replacement housing;
       ``(B) rehabilitating a bus;
       ``(C) remanufacturing a bus;
       ``(D) overhauling rail rolling stock;
       ``(E) preventive maintenance;
       ``(F) leasing equipment or a facility for use in public 
     transportation, subject to regulations that the Secretary 
     prescribes limiting the leasing arrangements to those that 
     are more cost-effective than purchase or construction;
       ``(G) a joint development improvement that--
       ``(i) enhances economic development or incorporates private 
     investment, such as commercial and residential development;
       ``(ii)(I) enhances the effectiveness of public 
     transportation and is related physically or functionally to 
     public transportation; or
       ``(II) establishes new or enhanced coordination between 
     public transportation and other transportation;
       ``(iii) provides a fair share of revenue that will be used 
     for public transportation;
       ``(iv) provides that a person making an agreement to occupy 
     space in a facility constructed under this paragraph shall 
     pay a fair share of the costs of the facility through rental 
     payments and other means;
       ``(v) may include--

       ``(I) property acquisition;
       ``(II) demolition of existing structures;
       ``(III) site preparation;
       ``(IV) utilities;
       ``(V) building foundations;
       ``(VI) walkways;
       ``(VII) pedestrian and bicycle access to a public 
     transportation facility;
       ``(VIII) construction, renovation, and improvement of 
     intercity bus and intercity rail stations and terminals;
       ``(IX) renovation and improvement of historic 
     transportation facilities;
       ``(X) open space;

[[Page S506]]

       ``(XI) safety and security equipment and facilities 
     (including lighting, surveillance, and related intelligent 
     transportation system applications);
       ``(XII) facilities that incorporate community services such 
     as daycare or health care;
       ``(XIII) a capital project for, and improving, equipment or 
     a facility for an intermodal transfer facility or 
     transportation mall; and
       ``(XIV) construction of space for commercial uses; and

       ``(vi) does not include outfitting of commercial space 
     (other than an intercity bus or rail station or terminal) or 
     a part of a public facility not related to public 
     transportation;
       ``(H) the introduction of new technology, through 
     innovative and improved products, into public transportation;
       ``(I) the provision of nonfixed route paratransit 
     transportation services in accordance with section 223 of the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12143), 
     but only for grant recipients that are in compliance with 
     applicable requirements of that Act, including both fixed 
     route and demand responsive service, and only for amounts not 
     to exceed 10 percent of such recipient's annual formula 
     apportionment under sections 5307 and 5311;
       ``(J) establishing a debt service reserve, made up of 
     deposits with a bondholder's trustee, to ensure the timely 
     payment of principal and interest on bonds issued by a grant 
     recipient to finance an eligible project under this chapter;
       ``(K) mobility management--
       ``(i) consisting of short-range planning and management 
     activities and projects for improving coordination among 
     public transportation and other transportation service 
     providers carried out by a recipient or subrecipient through 
     an agreement entered into with a person, including a 
     governmental entity, under this chapter (other than section 
     5309); but
       ``(ii) excluding operating public transportation services; 
     or
       ``(L) associated capital maintenance, including--
       ``(i) equipment, tires, tubes, and material, each costing 
     at least .5 percent of the current fair market value of 
     rolling stock comparable to the rolling stock for which the 
     equipment, tires, tubes, and material are to be used; and
       ``(ii) reconstruction of equipment and material, each of 
     which after reconstruction will have a fair market value of 
     at least .5 percent of the current fair market value of 
     rolling stock comparable to the rolling stock for which the 
     equipment and material will be used.
       ``(4) Designated recipient.--The term `designated 
     recipient' means--
       ``(A) an entity designated, in accordance with the planning 
     process under sections 5303 and 5304, by the Governor of a 
     State, responsible local officials, and publicly owned 
     operators of public transportation, to receive and apportion 
     amounts under section 5336 to urbanized areas of 200,000 or 
     more in population; or
       ``(B) a State or regional authority, if the authority is 
     responsible under the laws of a State for a capital project 
     and for financing and directly providing public 
     transportation.
       ``(5) Disability.--The term `disability' has the same 
     meaning as in section 3(1) of the Americans with Disabilities 
     Act of 1990 (42 U.S.C. 12102).
       ``(6) Emergency regulation.--The term `emergency 
     regulation' means a regulation--
       ``(A) that is effective temporarily before the expiration 
     of the otherwise specified periods of time for public notice 
     and comment under section 5334(c); and
       ``(B) prescribed by the Secretary as the result of a 
     finding that a delay in the effective date of the 
     regulation--
       ``(i) would injure seriously an important public interest;
       ``(ii) would frustrate substantially legislative policy and 
     intent; or
       ``(iii) would damage seriously a person or class without 
     serving an important public interest.
       ``(7) Fixed guideway.--The term `fixed guideway' means a 
     public transportation facility--
       ``(A) using and occupying a separate right-of-way for the 
     exclusive use of public transportation;
       ``(B) using rail;
       ``(C) using a fixed catenary system;
       ``(D) for a passenger ferry system; or
       ``(E) for a bus rapid transit system.
       ``(8) Governor.--The term `Governor'--
       ``(A) means the Governor of a State, the mayor of the 
     District of Columbia, and the chief executive officer of a 
     territory of the United States; and
       ``(B) includes the designee of the Governor.
       ``(9) Local governmental authority.--The term `local 
     governmental authority' includes--
       ``(A) a political subdivision of a State;
       ``(B) an authority of at least 1 State or political 
     subdivision of a State;
       ``(C) an Indian tribe; and
       ``(D) a public corporation, board, or commission 
     established under the laws of a State.
       ``(10) Low-income individual.--The term `low-income 
     individual' means an individual whose family income is at or 
     below 150 percent of the poverty line, as that term is 
     defined in section 673(2) of the Community Services Block 
     Grant Act (42 U.S.C. 9902(2)), including any revision 
     required by that section, for a family of the size involved.
       ``(11) Net project cost.--The term `net project cost' means 
     the part of a project that reasonably cannot be financed from 
     revenues.
       ``(12) New bus model.--The term `new bus model' means a bus 
     model (including a model using alternative fuel)--
       ``(A) that has not been used in public transportation in 
     the United States before the date of production of the model; 
     or
       ``(B) used in public transportation in the United States, 
     but being produced with a major change in configuration or 
     components.
       ``(13) Public transportation.--The term `public 
     transportation'--
       ``(A) means regular, continuing shared-ride surface 
     transportation services that are open to the general public 
     or open to a segment of the general public defined by age, 
     disability, or low income; and
       ``(B) does not include--
       ``(i) intercity passenger rail transportation provided by 
     the entity described in chapter 243 (or a successor to such 
     entity);
       ``(ii) intercity bus service;
       ``(iii) charter bus service;
       ``(iv) school bus service;
       ``(v) sightseeing service;
       ``(vi) courtesy shuttle service for patrons of one or more 
     specific establishments; or
       ``(vii) intra-terminal or intra-facility shuttle services.
       ``(14) Regulation.--The term `regulation' means any part of 
     a statement of general or particular applicability of the 
     Secretary designed to carry out, interpret, or prescribe law 
     or policy in carrying out this chapter.
       ``(15) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.
       ``(16) Senior.--The term `senior' means an individual who 
     is 65 years of age or older.
       ``(17) State.--The term `State' means a State of the United 
     States, the District of Columbia, Puerto Rico, the Northern 
     Mariana Islands, Guam, American Samoa, and the Virgin 
     Islands.
       ``(18) State of good repair.--The term `state of good 
     repair' has the meaning given that term by the Secretary, by 
     rule, under section 5326(b).
       ``(19) Transit.--The term `transit' means public 
     transportation.
       ``(20) Urban area.--The term `urban area' means an area 
     that includes a municipality or other built-up place that the 
     Secretary, after considering local patterns and trends of 
     urban growth, decides is appropriate for a local public 
     transportation system to serve individuals in the locality.
       ``(21) Urbanized area.--The term `urbanized area' means an 
     area encompassing a population of not less than 50,000 people 
     that has been defined and designated in the most recent 
     decennial census as an `urbanized area' by the Secretary of 
     Commerce.''.

     SEC. 40005. METROPOLITAN TRANSPORTATION PLANNING.

       (a) In General.--Section 5303 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 5303. Metropolitan transportation planning

       ``(a) Policy.--It is in the national interest--
       ``(1) to encourage and promote the safe, cost-effective, 
     and efficient management, operation, and development of 
     surface transportation systems that will serve efficiently 
     the mobility needs of individuals and freight, reduce 
     transportation-related fatalities and serious injuries, and 
     foster economic growth and development within and between 
     States and urbanized areas, while fitting the needs and 
     complexity of individual communities, maximizing value for 
     taxpayers, leveraging cooperative investments, and minimizing 
     transportation-related fuel consumption and air pollution 
     through the metropolitan and statewide transportation 
     planning processes identified in this chapter;
       ``(2) to encourage the continued improvement, evolution, 
     and coordination of the metropolitan and statewide 
     transportation planning processes by and among metropolitan 
     planning organizations, State departments of transportation, 
     regional planning organizations, interstate partnerships, and 
     public transportation and intercity service operators as 
     guided by the planning factors identified in subsection (h) 
     of this section and section 5304(d);
       ``(3) to encourage and promote transportation needs and 
     decisions that are integrated with other planning needs and 
     priorities; and
       ``(4) to maximize the effectiveness of transportation 
     investments.
       ``(b) Definitions.--In this section and section 5304, the 
     following definitions shall apply:
       ``(1) Existing mpo.--The term `existing MPO' means a 
     metropolitan planning organization that was designated as a 
     metropolitan planning organization as of the day before the 
     date of enactment of the Federal Public Transportation Act of 
     2012.
       ``(2) Local official.--The term `local official' means any 
     elected or appointed official of general purpose local 
     government with responsibility for transportation in a 
     designated area.
       ``(3) Maintenance area.--The term `maintenance area' means 
     an area that was designated as an air quality nonattainment 
     area, but was later redesignated by the Administrator of the 
     Environmental Protection Agency as an air quality attainment 
     area, under section 107(d) of the Clean Air Act (42 U.S.C. 
     7407(d)).
       ``(4) Metropolitan planning area.--The term `metropolitan 
     planning area' means a

[[Page S507]]

     geographical area determined by agreement between the 
     metropolitan planning organization for the area and the 
     applicable Governor under subsection (c).
       ``(5) Metropolitan planning organization.--The term 
     `metropolitan planning organization' means the policy board 
     of an organization established pursuant to subsection (c).
       ``(6) Metropolitan transportation plan.--The term 
     `metropolitan transportation plan' means a plan developed by 
     a metropolitan planning organization under subsection (i).
       ``(7) Nonattainment area.--The term `nonattainment area' 
     has the meaning given the term in section 171 of the Clean 
     Air Act (42 U.S.C. 7501).
       ``(8) Nonmetropolitan area.--
       ``(A) In general.--The term `nonmetropolitan area' means a 
     geographical area outside the boundaries of a designated 
     metropolitan planning area.
       ``(B) Inclusions.--The term `nonmetropolitan area' includes 
     a small urbanized area with a population of more than 50,000, 
     but fewer than 200,000 individuals, as calculated according 
     to the most recent decennial census, and a nonurbanized area.
       ``(9) Nonmetropolitan planning organization.--The term 
     `nonmetropolitan planning organization' means an organization 
     that--
       ``(A) was designated as a metropolitan planning 
     organization as of the day before the date of enactment of 
     the Federal Public Transportation Act of 2012; and
       ``(B) is not designated as a tier I MPO or tier II MPO.
       ``(10) Regionally significant.--The term `regionally 
     significant', with respect to a transportation project, 
     program, service, or strategy, means a project, program, 
     service, or strategy that--
       ``(A) serves regional transportation needs (such as access 
     to and from the area outside of the region, major activity 
     centers in the region, and major planned developments); and
       ``(B) would normally be included in the modeling of a 
     transportation network of a metropolitan area.
       ``(11) Rural planning organization.--The term `rural 
     planning organization' means a voluntary organization of 
     local elected officials and representatives of local 
     transportation systems that--
       ``(A) works in cooperation with the department of 
     transportation (or equivalent entity) of a State to plan 
     transportation networks and advise officials of the State on 
     transportation planning; and
       ``(B) is located in a rural area--
       ``(i) with a population of not fewer than 5,000 
     individuals, as calculated according to the most recent 
     decennial census; and
       ``(ii) that is not located in an area represented by a 
     metropolitan planning organization.
       ``(12) Statewide transportation improvement program.--The 
     term `statewide transportation improvement program' means a 
     statewide transportation improvement program developed by a 
     State under section 5304(g).
       ``(13) Statewide transportation plan.--The term `statewide 
     transportation plan' means a plan developed by a State under 
     section 5304(f).
       ``(14) Tier i mpo.--The term `tier I MPO' means a 
     metropolitan planning organization designated as a tier I MPO 
     under subsection (e)(4)(A).
       ``(15) Tier ii mpo.--The term `tier II MPO' means a 
     metropolitan planning organization designated as a tier II 
     MPO under subsection (e)(4)(B).
       ``(16) Transportation improvement program.--The term 
     `transportation improvement program' means a program 
     developed by a metropolitan planning organization under 
     subsection (j).
       ``(17) Urbanized area.--The term `urbanized area' means a 
     geographical area with a population of 50,000 or more 
     individuals, as calculated according to the most recent 
     decennial census.
       ``(c) Designation of Metropolitan Planning Organizations.--
       ``(1) In general.--To carry out the metropolitan 
     transportation planning process under this section, a 
     metropolitan planning organization shall be designated for 
     each urbanized area with a population of 200,000 or more 
     individuals, as calculated according to the most recent 
     decennial census--
       ``(A) by agreement between the applicable Governor and 
     local officials that, in the aggregate, represent at least 75 
     percent of the affected population (including the largest 
     incorporated city (based on population), as calculated 
     according to the most recent decennial census); or
       ``(B) in accordance with procedures established by 
     applicable State or local law.
       ``(2) Small urbanized areas.--To carry out the metropolitan 
     transportation planning process under this section, a 
     metropolitan planning organization may be designated for any 
     urbanized area with a population of 50,000 or more 
     individuals, but fewer than 200,000 individuals, as 
     calculated according to the most recent decennial census--
       ``(A) by agreement between the applicable Governor and 
     local officials that, in the aggregate, represent at least 75 
     percent of the affected population (including the largest 
     incorporated city (based on population), as calculated 
     according to the most recent decennial census); and
       ``(B) with the consent of the Secretary, based on a finding 
     that the resulting metropolitan planning organization has met 
     the minimum requirements under subsection (e)(4)(B).
       ``(3) Structure.--Not later than 1 year after the date of 
     enactment of the Federal Public Transportation Act of 2012, a 
     metropolitan planning organization shall consist of--
       ``(A) elected local officials in the relevant metropolitan 
     area;
       ``(B) officials of public agencies that administer or 
     operate major modes of transportation in the relevant 
     metropolitan area, including providers of public 
     transportation; and
       ``(C) appropriate State officials.
       ``(4) Effect of subsection.--Nothing in this subsection 
     interferes with any authority under any State law in effect 
     on December 18, 1991, of a public agency with multimodal 
     transportation responsibilities--
       ``(A) to develop the metropolitan transportation plans and 
     transportation improvement programs for adoption by a 
     metropolitan planning organization; or
       ``(B) to develop capital plans, coordinate public 
     transportation services and projects, or carry out other 
     activities pursuant to State law.
       ``(5) Continuing designation.--A designation of an existing 
     MPO--
       ``(A) for an urbanized area with a population of 200,000 or 
     more individuals, as calculated according to the most recent 
     decennial census, shall remain in effect--
       ``(i) for the period during which the structure of the 
     existing MPO complies with the requirements of paragraph (1); 
     or
       ``(ii) until the date on which the existing MPO is 
     redesignated under paragraph (6); and
       ``(B) for an urbanized area with a population of fewer than 
     200,000 individuals, as calculated according to the most 
     recent decennial census, shall remain in effect until the 
     date on which the existing MPO is redesignated under 
     paragraph (6) unless--
       ``(i) the existing MPO requests that its planning 
     responsibilities be transferred to the State or to another 
     planning organization designated by the State; or
       ``(ii)(I) the applicable Governor determines not later than 
     3 years after the date on which the Secretary issues a rule 
     pursuant to subsection (e)(4)(B)(i), that the existing MPO is 
     not meeting the minimum requirements established by the rule; 
     and
       ``(II) the Secretary approves the Governor's determination.
       ``(C) Designation as tier ii mpo.--If the Secretary 
     determines the existing MPO has met the minimum requirements 
     under the rule issued under subsection (e)(4)(B)(i), the 
     Secretary shall designate the existing MPO as a tier II MPO.
       ``(6) Redesignation.--
       ``(A) In general.--The designation of a metropolitan 
     planning organization under this subsection shall remain in 
     effect until the date on which the metropolitan planning 
     organization is redesignated, as appropriate, in accordance 
     with the requirements of this subsection pursuant to an 
     agreement between--
       ``(i) the applicable Governor; and
       ``(ii) affected local officials who, in the aggregate, 
     represent at least 75 percent of the existing metropolitan 
     planning area population (including the largest incorporated 
     city (based on population), as calculated according to the 
     most recent decennial census).
       ``(B) Restructuring.--A metropolitan planning organization 
     may be restructured to meet the requirements of paragraph (3) 
     without undertaking a redesignation.
       ``(7) 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

[[Page S508]]

     the boundaries of an existing metropolitan planning area 
     shall not require the redesignation of the relevant existing 
     MPO.
       ``(4) Nonattainment and maintenance areas.--
       ``(A) Existing metropolitan planning areas.--
       ``(i) In general.--Except as provided in clause (ii), 
     notwithstanding paragraph (2), in the case of an urbanized 
     area designated as a nonattainment area or maintenance area 
     as of the date of enactment of the Federal Public 
     Transportation Act of 2012, the boundaries of the existing 
     metropolitan planning area as of that date of enactment shall 
     remain in force and effect.
       ``(ii) Exception.--Notwithstanding clause (i), the 
     boundaries of an existing metropolitan planning area 
     described in that clause may be adjusted by agreement of the 
     applicable Governor and the affected metropolitan planning 
     organizations in accordance with subsection (c)(7).
       ``(B) New metropolitan planning areas.--In the case of an 
     urbanized area designated as a nonattainment area or 
     maintenance area after the date of enactment of the Federal 
     Public Transportation Act of 2012, the boundaries of the 
     applicable metropolitan planning area--
       ``(i) shall be established in accordance with subsection 
     (c)(1);
       ``(ii) shall encompass the areas described in paragraph 
     (2)(A);
       ``(iii) may encompass the areas described in paragraph 
     (2)(B); and
       ``(iv) may address any appropriate nonattainment area or 
     maintenance area.
       ``(e) Requirements.--
       ``(1) Development of plans and tips.--To accomplish the 
     policy objectives described in subsection (a), each 
     metropolitan planning organization, in cooperation with the 
     applicable State and public transportation operators, shall 
     develop metropolitan transportation plans and transportation 
     improvement programs for metropolitan planning areas of the 
     State through a performance-driven, outcome-based approach to 
     metropolitan transportation planning consistent with 
     subsection (h).
       ``(2) Contents.--The metropolitan transportation plans and 
     transportation improvement programs for each metropolitan 
     area shall provide for the development and integrated 
     management and operation of transportation systems and 
     facilities (including accessible pedestrian walkways, bicycle 
     transportation facilities, and intermodal facilities that 
     support intercity transportation) that will function as--
       ``(A) an intermodal transportation system for the 
     metropolitan planning area; and
       ``(B) an integral part of an intermodal transportation 
     system for the applicable State and the United States.
       ``(3) Process of development.--The process for developing 
     metropolitan transportation plans and transportation 
     improvement programs shall--
       ``(A) provide for consideration of all modes of 
     transportation; and
       ``(B) be continuing, cooperative, and comprehensive to the 
     degree appropriate, based on the complexity of the 
     transportation needs to be addressed.
       ``(4) Tiering.--
       ``(A) Tier i mpos.--
       ``(i) In general.--A metropolitan planning organization 
     shall be designated as a tier I MPO if--

       ``(I) as certified by the Governor of each applicable 
     State, the metropolitan planning organization operates 
     within, and primarily serves, a metropolitan planning area 
     with a population of 1,000,000 or more individuals, as 
     calculated according to the most recent decennial census; and
       ``(II) the Secretary determines the metropolitan planning 
     organization--

       ``(aa) meets the minimum technical requirements under 
     clause (iv); and
       ``(bb) not later than 2 years after the date of enactment 
     of the Federal Public Transportation Act of 2012, will fully 
     implement the processes described in subsections (h) though 
     (j).
       ``(ii) Absence of designation.--In the absence of 
     designation as a tier I MPO under clause (i), a metropolitan 
     planning organization shall operate as a tier II MPO until 
     the date on which the Secretary determines the metropolitan 
     planning organization can meet the minimum technical 
     requirements under clause (iv).
       ``(iii) Redesignation as tier i.--A metropolitan planning 
     organization operating within a metropolitan planning area 
     with a population of 200,000 or more and fewer than 1,000,000 
     individuals and primarily within urbanized areas with 
     populations of 200,000 or more individuals, as calculated 
     according to the most recent decennial census, that is 
     designated as a tier II MPO under subparagraph (B) may 
     request, with the support of the applicable Governor, a 
     redesignation as a tier I MPO on a determination by the 
     Secretary that the metropolitan planning organization has met 
     the minimum technical requirements under clause (iv).
       ``(iv) Minimum technical requirements.--Not later than 1 
     year after the date of enactment of the Federal Public 
     Transportation Act of 2012, the Secretary shall issue a rule 
     that establishes the minimum technical requirements necessary 
     for a metropolitan planning organization to be designated as 
     a tier I MPO, including, at a minimum, modeling, data, 
     staffing, and other technical requirements.
       ``(B) Tier ii mpos.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of the Federal Public Transportation Act of 2012, 
     the Secretary shall issue a rule that establishes minimum 
     requirements necessary for a metropolitan planning 
     organization to be designated as a tier II MPO.
       ``(ii) Requirements.--The minimum requirements established 
     under clause (i) shall--

       ``(I) 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, as appropriate to the size and resources 
     of the metropolitan planning organization, to fulfill the 
     requirements of this section, except that in cases in which a 
     metropolitan planning organization has a formal agreement 
     with a State to conduct the modeling on behalf of the 
     metropolitan planning organization, the metropolitan planning 
     organization shall be exempt from the technical capacity 
     requirement.
       ``(iii) Inclusion.--A metropolitan planning organization 
     operating primarily within an urbanized area with a 
     population of 200,000 or more individuals, as calculated 
     according to the most recent decennial census, and that does 
     not qualify as a tier I MPO under subparagraph (A)(i), 
     shall--

       ``(I) be designated as a tier II MPO; and
       ``(II) follow the processes under subsection (k).

       ``(C) Consolidation.--
       ``(i) In general.--Metropolitan planning organizations 
     operating within contiguous or adjacent urbanized areas may 
     elect to consolidate in order to meet the population 
     thresholds required to achieve designation as a tier I or 
     tier II MPO under this paragraph.
       ``(ii) Effect of subsection.--Nothing in this subsection 
     requires or prevents consolidation among multiple 
     metropolitan planning organizations located within a single 
     urbanized area.
       ``(f) Coordination in Multistate Areas.--
       ``(1) In general.--The Secretary shall encourage each 
     Governor with responsibility for a portion of a multistate 
     metropolitan area and the appropriate metropolitan planning 
     organizations to provide coordinated transportation planning 
     for the entire metropolitan area.
       ``(2) Coordination along designated transportation 
     corridors.--The Secretary shall encourage each Governor with 
     responsibility for a portion of a multistate metropolitan 
     area and the appropriate metropolitan planning organizations 
     to provide coordinated transportation planning for the entire 
     designated transportation corridor.
       ``(3) Coordination with interstate compacts.--The Secretary 
     shall encourage metropolitan planning organizations to take 
     into consideration, during the development of metropolitan 
     transportation plans and transportation improvement programs, 
     any relevant transportation studies concerning planning for 
     regional transportation (including high-speed and intercity 
     rail corridor studies, commuter rail corridor studies, 
     intermodal terminals, and interstate highways) in support of 
     freight, intercity, or multistate area projects and services 
     that have been developed pursuant to interstate compacts or 
     agreements, or by organizations established under section 
     5304.
       ``(g) Engagement in Metropolitan Transportation Plan and 
     TIP Development.--
       ``(1) Nonattainment and maintenance areas.--If more than 1 
     metropolitan planning organization has authority within a 
     metropolitan area, nonattainment area, or maintenance area, 
     each metropolitan planning organization shall consult with 
     all other metropolitan planning organizations designated for 
     the metropolitan area, nonattainment area, or maintenance 
     area and the State in the development of metropolitan 
     transportation plans and transportation improvement programs 
     under this section.
       ``(2) Transportation improvements located in multiple 
     metropolitan planning areas.--If a transportation improvement 
     project funded under this chapter or title 23 is located 
     within the boundaries of more than 1 metropolitan planning 
     area, the affected metropolitan planning organizations shall 
     coordinate metropolitan transportation plans and 
     transportation improvement programs regarding the project.
       ``(3) Coordination of adjacent planning organizations.--
       ``(A) In general.--A metropolitan planning organization 
     that is adjacent or located in reasonably close proximity to 
     another metropolitan planning organization shall coordinate 
     with that metropolitan planning organization with respect to 
     planning processes, including preparation of metropolitan 
     transportation plans and transportation improvement programs, 
     to the maximum extent practicable.
       ``(B) Nonmetropolitan planning organizations.--A 
     metropolitan planning organization that is adjacent or 
     located in reasonably close proximity to a nonmetropolitan 
     planning organization shall consult with that nonmetropolitan 
     planning organization with respect to planning processes, to 
     the maximum extent practicable.
       ``(4) Relationship with other planning officials.--

[[Page S509]]

       ``(A) In general.--The Secretary shall encourage each 
     metropolitan planning organization to cooperate with Federal, 
     State, tribal, and local officers and entities responsible 
     for other types of planning activities that are affected by 
     transportation in the relevant area (including planned 
     growth, economic development, infrastructure services, 
     housing, other public services, environmental protection, 
     airport operations, high-speed and intercity passenger rail, 
     freight rail, port access, and freight movements), to the 
     maximum extent practicable, to ensure that the metropolitan 
     transportation planning process, metropolitan transportation 
     plans, and transportation improvement programs are developed 
     in cooperation with other related planning activities in the 
     area.
       ``(B) Inclusion.--Cooperation under subparagraph (A) shall 
     include the design and delivery of transportation services 
     within the metropolitan area that are provided by--
       ``(i) recipients of assistance under sections 202, 203, and 
     204 of title 23;
       ``(ii) recipients of assistance under this title;
       ``(iii) government agencies and nonprofit organizations 
     (including representatives of the agencies and organizations) 
     that receive Federal assistance from a source other than the 
     Department of Transportation to provide nonemergency 
     transportation services; and
       ``(iv) sponsors of regionally significant programs, 
     projects, and services that are related to transportation and 
     receive assistance from any public or private source.
       ``(5) Coordination of other federally required planning 
     programs.--The Secretary shall encourage each metropolitan 
     planning organization to coordinate, to the maximum extent 
     practicable, the development of metropolitan transportation 
     plans and transportation improvement programs with other 
     relevant federally required planning programs.
       ``(h) Scope of Planning Process.--
       ``(1) In general.--The metropolitan transportation planning 
     process for a metropolitan planning area under this section 
     shall provide for consideration of projects and strategies 
     that will--
       ``(A) support the economic vitality of the metropolitan 
     area, especially by enabling global competitiveness, 
     productivity, and efficiency;
       ``(B) increase the safety of the transportation system for 
     motorized and nonmotorized users;
       ``(C) increase the security of the transportation system 
     for motorized and nonmotorized users;
       ``(D) increase the accessibility and mobility of 
     individuals and freight;
       ``(E) protect and enhance the environment, promote energy 
     conservation, improve the quality of life, and promote 
     consistency between transportation improvements and State and 
     local planned growth and economic development patterns;
       ``(F) enhance the integration and connectivity of the 
     transportation system, across and between modes, for 
     individuals and freight;
       ``(G) increase efficient system management and operation; 
     and
       ``(H) emphasize the preservation of the existing 
     transportation system.
       ``(2) Performance-based approach.--
       ``(A) In general.--The metropolitan transportation planning 
     process shall provide for the establishment and use of a 
     performance-based approach to transportation decisionmaking 
     to support the national goals described in section 5301(c) of 
     this title and in section 150(b) of title 23.
       ``(B) Performance targets.--
       ``(i) Surface transportation performance targets.--

       ``(I) In general.--Each metropolitan planning organization 
     shall establish performance targets that address the 
     performance measures described in sections 119(f), 148(h), 
     149(k) (where applicable), and 167(i) of title 23, to use in 
     tracking attainment of critical outcomes for the region of 
     the metropolitan planning organization.
       ``(II) Coordination.--Selection of performance targets by a 
     metropolitan planning organization shall be coordinated with 
     the relevant State to ensure consistency, to the maximum 
     extent practicable.

       ``(ii) Public transportation performance targets.--Each 
     metropolitan planning organization shall adopt the 
     performance targets identified by providers of public 
     transportation pursuant to sections 5326(c) and 5329(d), for 
     use in tracking attainment of critical outcomes for the 
     region of the metropolitan planning organization.
       ``(C) Timing.--Each metropolitan planning organization 
     shall establish or adopt the performance targets under 
     subparagraph (B) not later than 90 days after the date on 
     which the relevant State or provider of public transportation 
     establishes the performance targets.
       ``(D) Integration of other performance-based plans.--A 
     metropolitan planning organization shall integrate in the 
     metropolitan transportation planning process, directly or by 
     reference, the goals, objectives, performance measures, and 
     targets described in other State plans and processes, as well 
     as asset management and safety plans developed by providers 
     of public transportation, required as part of a performance-
     based program, including plans such as--
       ``(i) the State National Highway System asset management 
     plan;
       ``(ii) asset management plans developed by providers of 
     public transportation;
       ``(iii) the State strategic highway safety plan;
       ``(iv) safety plans developed by providers of public 
     transportation;
       ``(v) the congestion mitigation and air quality performance 
     plan, where applicable;
       ``(vi) the national freight strategic plan; and
       ``(vii) the statewide transportation plan.
       ``(E) Use of performance measures and targets.--The 
     performance measures and targets established under this 
     paragraph shall be used, at a minimum, by the relevant 
     metropolitan planning organization as the basis for 
     development of policies, programs, and investment priorities 
     reflected in the metropolitan transportation plan and 
     transportation improvement program.
       ``(3) Failure to consider factors.--The failure to take 
     into consideration 1 or more of the factors specified in 
     paragraphs (1) and (2) shall not be subject to review by any 
     court under this chapter, title 23, subchapter II of chapter 
     5 of title 5, or chapter 7 of title 5 in any matter affecting 
     a metropolitan transportation plan, a transportation 
     improvement program, a project or strategy, or the 
     certification of a planning process.
       ``(4) Participation by interested parties.--
       ``(A) In general.--Each metropolitan planning organization 
     shall provide to affected individuals, public agencies, and 
     other interested parties notice and a reasonable opportunity 
     to comment on the metropolitan transportation plan and 
     transportation improvement program and any relevant 
     scenarios.
       ``(B) Contents of participation plan.--Each metropolitan 
     planning organization shall establish a participation plan 
     that--
       ``(i) is developed in consultation with all interested 
     parties; and
       ``(ii) provides that all interested parties have reasonable 
     opportunities to comment on the contents of the metropolitan 
     transportation plan of the metropolitan planning 
     organization.
       ``(C) Methods.--In carrying out subparagraph (A), the 
     metropolitan planning organization shall, to the maximum 
     extent practicable--
       ``(i) develop the metropolitan transportation plan and 
     transportation improvement program in consultation with 
     interested parties, as appropriate, including by the 
     formation of advisory groups representative of the community 
     and interested parties that participate in the development of 
     the metropolitan transportation plan and transportation 
     improvement program;
       ``(ii) hold any public meetings at times and locations that 
     are, as applicable--

       ``(I) convenient; and
       ``(II) in compliance with the Americans with Disabilities 
     Act of 1990 (42 U.S.C. 12101 et seq.);

       ``(iii) employ visualization techniques to describe 
     metropolitan transportation plans and transportation 
     improvement programs; and
       ``(iv) make public information available in appropriate 
     electronically accessible formats and means, such as the 
     Internet, to afford reasonable opportunity for consideration 
     of public information under subparagraph (A).
       ``(i) Development of Metropolitan Transportation Plan.--
       ``(1) Development.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     not later than 5 years after the date of enactment of the 
     Federal Public Transportation Act of 2012, and not less 
     frequently than once every 5 years thereafter, each 
     metropolitan planning organization shall prepare and update, 
     respectively, a metropolitan transportation plan for the 
     relevant metropolitan planning area in accordance with this 
     section.
       ``(B) Exceptions.--A metropolitan planning organization 
     shall prepare or update, as appropriate, the metropolitan 
     transportation plan not less frequently than once every 4 
     years if the metropolitan planning organization is operating 
     within--
       ``(i) a nonattainment area; or
       ``(ii) a maintenance area.
       ``(2) Other requirements.--A metropolitan transportation 
     plan under this section shall--
       ``(A) be in a form that the Secretary determines to be 
     appropriate;
       ``(B) have a term of not less than 20 years; and
       ``(C) contain, at a minimum--
       ``(i) an identification of the existing transportation 
     infrastructure, including highways, local streets and roads, 
     bicycle and pedestrian facilities, public transportation 
     facilities and services, commuter rail facilities and 
     services, high-speed and intercity passenger rail facilities 
     and services, freight facilities (including freight railroad 
     and port facilities), multimodal and intermodal facilities, 
     and intermodal connectors that, evaluated in the aggregate, 
     function as an integrated metropolitan transportation system;
       ``(ii) a description of the performance measures and 
     performance targets used in assessing the existing and future 
     performance of the transportation system in accordance with 
     subsection (h)(2);
       ``(iii) a description of the current and projected future 
     usage of the transportation system, including a projection 
     based on a preferred scenario, and further including, to the 
     extent practicable, an identification of existing or planned 
     transportation rights-of-way, corridors, facilities, and 
     related real properties;
       ``(iv) a system performance report evaluating the existing 
     and future condition and performance of the transportation 
     system

[[Page S510]]

     with respect to the performance targets described in 
     subsection (h)(2) and updates in subsequent system 
     performance reports, including--

       ``(I) progress achieved by the metropolitan planning 
     organization in meeting the performance targets in comparison 
     with system performance recorded in previous reports;
       ``(II) an accounting of the performance of the metropolitan 
     planning organization on outlay of obligated project funds 
     and delivery of projects that have reached substantial 
     completion in relation to--

       ``(aa) the projects included in the transportation 
     improvement program; and
       ``(bb) the projects that have been removed from the 
     previous transportation improvement program; and

       ``(III) when appropriate, an analysis of how the preferred 
     scenario has improved the conditions and performance of the 
     transportation system and how changes in local policies, 
     investments, and growth have impacted the costs necessary to 
     achieve the identified performance targets;

       ``(v) recommended strategies and investments for improving 
     system performance over the planning horizon, including 
     transportation systems management and operations strategies, 
     maintenance strategies, demand management strategies, asset 
     management strategies, capacity and enhancement investments, 
     State and local economic development and land use 
     improvements, intelligent transportation systems deployment, 
     and technology adoption strategies, as determined by the 
     projected support of the performance targets described in 
     subsection (h)(2);
       ``(vi) recommended strategies and investments to improve 
     and integrate disability-related access to transportation 
     infrastructure, including strategies and investments based on 
     a preferred scenario, when appropriate;
       ``(vii) investment priorities for using projected available 
     and proposed revenues over the short- and long-term stages of 
     the planning horizon, in accordance with the financial plan 
     required under paragraph (4);
       ``(viii) a description of interstate compacts entered into 
     in order to promote coordinated transportation planning in 
     multistate areas, if applicable;
       ``(ix) an optional illustrative list of projects containing 
     investments that--

       ``(I) are not included in the metropolitan transportation 
     plan; but
       ``(II) would be so included if resources in addition to the 
     resources identified in the financial plan under paragraph 
     (4) were available;

       ``(x) a discussion (developed in consultation with Federal, 
     State, and tribal wildlife, land management, and regulatory 
     agencies) of types of potential environmental and stormwater 
     mitigation activities and potential areas to carry out those 
     activities, including activities that may have the greatest 
     potential to restore and maintain the environmental functions 
     affected by the metropolitan transportation plan; and
       ``(xi) recommended strategies and investments, including 
     those developed by the State as part of interstate compacts, 
     agreements, or organizations, that support intercity 
     transportation.
       ``(3) Scenario development.--
       ``(A) In general.--When preparing the metropolitan 
     transportation plan, the metropolitan planning organization 
     may, while fitting the needs and complexity of their 
     community, develop multiple scenarios for consideration as a 
     part of the development of the metropolitan transportation 
     plan, in accordance with subparagraph (B).
       ``(B) Components of scenarios.--The scenarios--
       ``(i) shall include potential regional investment 
     strategies for the planning horizon;
       ``(ii) shall include assumed distribution of population and 
     employment;
       ``(iii) may include a scenario that, to the maximum extent 
     practicable, maintains baseline conditions for the 
     performance targets identified in subsection (h)(2);
       ``(iv) may include a scenario that improves the baseline 
     conditions for as many of the performance targets under 
     subsection (h)(2) as possible;
       ``(v) may include a revenue constrained scenario based on 
     total revenues reasonably 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.
       ``(C) Metrics.--In addition to the performance targets 
     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--
       ``(i) the 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; and
       ``(iv) each applicable project only if full funding can 
     reasonably be anticipated to be available for the project 
     within the time period contemplated for completion of the 
     project.
       ``(5) Coordination with clean air act agencies.--The 
     metropolitan planning organization for any metropolitan area 
     that is a nonattainment area or maintenance area shall 
     coordinate the development of a transportation plan with the 
     process for development of the transportation control 
     measures of the State implementation plan required by the 
     Clean Air Act (42 U.S.C. 7401 et seq.).
       ``(6) Publication.--On approval by the relevant 
     metropolitan planning organization, a metropolitan 
     transportation plan involving Federal participation shall be, 
     at such times and in such manner as the Secretary shall 
     require--
       ``(A) published or otherwise made readily available by the 
     metropolitan planning organization for public review, 
     including (to the maximum extent practicable) in 
     electronically accessible formats and means, such as the 
     Internet; and
       ``(B) submitted for informational purposes to the 
     applicable Governor.
       ``(7) Consultation.--
       ``(A) In general.--In each metropolitan area, the 
     metropolitan planning organization shall consult, as 
     appropriate, with Federal, State, tribal, and local agencies 
     responsible for land use management, natural resources, 
     environmental protection, conservation, and historic 
     preservation concerning the development of a metropolitan 
     transportation plan.
       ``(B) Issues.--The consultation under subparagraph (A) 
     shall involve, as available, consideration of--
       ``(i) metropolitan transportation plans with Federal, 
     State, tribal, and local conservation plans or maps; and
       ``(ii) inventories of natural or historic resources.
       ``(8) Selection of projects from illustrative list.--
     Notwithstanding paragraph (4), a State or metropolitan 
     planning organization shall not be required to select any 
     project from the illustrative list of additional projects 
     included in the metropolitan transportation plan under 
     paragraph (2)(C)(ix).
       ``(j) Transportation Improvement Program.--
       ``(1) Development.--
       ``(A) In general.--In cooperation with the applicable State 
     and any affected public transportation operator, the 
     metropolitan planning organization designated for a 
     metropolitan area shall develop a transportation improvement 
     program for the metropolitan planning area that--
       ``(i) contains projects consistent with the current 
     metropolitan transportation plan;
       ``(ii) reflects the investment priorities established in 
     the current metropolitan transportation plan; and
       ``(iii) once implemented, will make significant progress 
     toward achieving the performance targets established under 
     subsection (h)(2).
       ``(B) Opportunity for participation.--In developing the 
     transportation improvement program, the metropolitan planning 
     organization, in cooperation with the State and any affected 
     public transportation operator, shall provide an opportunity 
     for participation by interested parties, in accordance with 
     subsection (h)(4).
       ``(C) Updating and approval.--The transportation 
     improvement program shall be--
       ``(i) updated not less frequently than once every 4 years, 
     on a cycle compatible with the development of the relevant 
     statewide transportation improvement program under section 
     5304; and
       ``(ii) approved by the applicable Governor.
       ``(2) Contents.--
       ``(A) Priority list.--The transportation improvement 
     program shall include a priority list of proposed federally 
     supported projects and strategies to be carried out during 
     the 4-year period beginning on the date of adoption of the 
     transportation improvement program, and each 4-year period 
     thereafter, using existing and reasonably available revenues 
     in accordance with the financial plan under paragraph (3).
       ``(B) Descriptions.--Each project described in the 
     transportation improvement program shall include sufficient 
     descriptive material (such as type of work, termini, length, 
     and other similar factors) to identify the project or phase 
     of the project and the effect that the project or project 
     phase will have in addressing the performance targets 
     described in subsection (h)(2).
       ``(C) Performance target achievement.--The transportation 
     improvement program

[[Page S511]]

     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--
       ``(i) the 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; and
       ``(iv) each applicable project, only if full funding can 
     reasonably be anticipated to be available for the project 
     within the time period contemplated for completion of the 
     project.
       ``(4) Included projects.--
       ``(A) Projects under this chapter and title 23.--A 
     transportation improvement program developed under this 
     subsection for a metropolitan area shall include a 
     description of the projects within the area that are proposed 
     for funding under this chapter and chapter 1 of title 23.
       ``(B) Projects under chapter 2.--
       ``(i) Regionally significant.--Each regionally significant 
     project proposed for funding under chapter 2 of title 23 
     shall be identified individually in the transportation 
     improvement program.
       ``(ii) Nonregionally significant.--A description of each 
     project proposed for funding under chapter 2 of title 23 that 
     is not determined to be regionally significant shall be 
     contained in 1 line item or identified individually in the 
     transportation improvement program.
       ``(5) Opportunity for participation.--Before approving a 
     transportation improvement program, a metropolitan planning 
     organization, in cooperation with the State and any affected 
     public transportation operator, shall provide an opportunity 
     for participation by interested parties in the development of 
     the transportation improvement program, in accordance with 
     subsection (h)(4).
       ``(6) Selection of projects.--
       ``(A) In general.--Each tier I MPO and tier II MPO shall 
     select projects carried out within the boundaries of the 
     applicable metropolitan planning area from the transportation 
     improvement program, in consultation with the relevant State 
     and on concurrence of the affected facility owner, for funds 
     apportioned to the State under section 104(b)(2) of title 23 
     and suballocated to the metropolitan planning area under 
     section 133(d) of title 23.
       ``(B) Projects under chapter 53.--In the case of projects 
     under this chapter, the selection of federally funded 
     projects in metropolitan areas shall be carried out, from the 
     approved transportation improvement program, by the 
     designated recipients of public transportation funding in 
     cooperation with the metropolitan planning organization.
       ``(C) Congestion mitigation and air quality projects.--Each 
     tier I MPO shall select projects carried out within the 
     boundaries of the applicable metropolitan planning area from 
     the transportation improvement program, in consultation with 
     the relevant State and on concurrence of the affected 
     facility owner, for funds apportioned to the State under 
     section 104(b)(4) of title 23 and suballocated to the 
     metropolitan planning area under section 149(j) of title 23.
       ``(D) Modifications to project priority.--Notwithstanding 
     any other provision of law, approval by the Secretary shall 
     not be required to carry out a project included in a 
     transportation improvement program in place of another 
     project in the transportation improvement program.
       ``(7) Publication.--
       ``(A) In general.--A transportation improvement program 
     shall be published or otherwise made readily available by the 
     applicable metropolitan planning organization for public 
     review in electronically accessible formats and means, such 
     as the Internet.
       ``(B) Annual list of projects.--An annual list of projects, 
     including investments in pedestrian walkways, bicycle 
     transportation facilities, and intermodal facilities that 
     support intercity transportation, for which Federal funds 
     have been obligated during the preceding fiscal year shall be 
     published or otherwise made available by the cooperative 
     effort of the State, public transportation operator, and 
     metropolitan planning organization in electronically 
     accessible formats and means, such as the Internet, in a 
     manner that is consistent with the categories identified in 
     the relevant transportation improvement program.
       ``(k) Planning Requirements for Tier II MPOs.--
       ``(1) In general.--The Secretary may provide for the 
     performance-based development of a metropolitan 
     transportation plan and transportation improvement program 
     for the metropolitan planning area of a tier II MPO, as the 
     Secretary determines to be appropriate, taking into account--
       ``(A) the complexity of transportation needs in the area; 
     and
       ``(B) the technical capacity of the metropolitan planning 
     organization.
       ``(2) Evaluation of performance-based planning.--In 
     reviewing a tier II MPO under subsection (m), the Secretary 
     shall take into consideration the effectiveness of the tier 
     II MPO in implementing and maintaining a performance-based 
     planning process that--
       ``(A) addresses the performance targets described in 
     subsection (h)(2); and
       ``(B) demonstrates progress on the achievement of those 
     performance targets.
       ``(l) Certification.--
       ``(1) In general.--The Secretary shall--
       ``(A) ensure that the metropolitan transportation planning 
     process of a metropolitan planning organization is being 
     carried out in accordance with applicable Federal law; and
       ``(B) subject to paragraph (2), certify, not less 
     frequently than once every 4 years, that the requirements of 
     subparagraph (A) are met with respect to the metropolitan 
     transportation planning process.
       ``(2) Requirements for certification.--The Secretary may 
     make a certification under paragraph (1)(B) if--
       ``(A) the metropolitan transportation planning process 
     complies with the requirements of this section and other 
     applicable Federal law;
       ``(B) representation on the metropolitan planning 
     organization board includes officials of public agencies that 
     administer or operate major modes of transportation in the 
     relevant metropolitan area, including providers of public 
     transportation; and
       ``(C) a transportation improvement program for the 
     metropolitan planning area has been approved by the relevant 
     metropolitan planning organization and applicable Governor.
       ``(3) Delegation of authority.--The Secretary may--
       ``(A) delegate to the appropriate State fact-finding 
     authority regarding the certification of a tier II MPO under 
     this subsection; and
       ``(B) make the certification under paragraph (1) in 
     consultation with the State.
       ``(4) Effect of failure to certify.--
       ``(A) Withholding of project funds.--If a metropolitan 
     transportation planning process of a metropolitan planning 
     organization is not certified under paragraph (1), the 
     Secretary may withhold up to 20 percent of the funds 
     attributable to the metropolitan planning area of the 
     metropolitan planning organization for projects funded under 
     this chapter and title 23.
       ``(B) Restoration of withheld funds.--Any funds withheld 
     under subparagraph (A) shall be restored to the metropolitan 
     planning area on the date of certification of the 
     metropolitan transportation planning process by the 
     Secretary.
       ``(5) Public involvement.--In making a determination 
     regarding certification under this subsection, the Secretary 
     shall provide for public involvement appropriate to the 
     metropolitan planning area under review.
       ``(m) Performance-based Planning Processes Evaluation.--
       ``(1) In general.--The Secretary shall establish criteria 
     to evaluate the effectiveness of the performance-based 
     planning processes of metropolitan planning organizations 
     under this section, taking into consideration the following:
       ``(A) The extent to which the metropolitan planning 
     organization has achieved, or is currently making substantial 
     progress toward achieving, the performance targets specified 
     in subsection (h)(2), taking into account whether the 
     metropolitan planning organization developed meaningful 
     performance targets.
       ``(B) The extent to which the metropolitan planning 
     organization has used proven best practices that help ensure 
     transportation investment that is efficient and cost-
     effective.
       ``(C) The extent to which the metropolitan planning 
     organization--
       ``(i) has developed an investment process that relies on 
     public input and awareness to ensure that investments are 
     transparent and accountable; and
       ``(ii) provides regular reports allowing the public to 
     access the information being collected in a format that 
     allows the public to meaningfully assess the performance of 
     the metropolitan planning organization.
       ``(2) Report.--
       ``(A) In general.--Not later than 5 years after the date of 
     enactment of the Federal Public Transportation Act of 2012, 
     the Secretary shall submit to Congress a report evaluating--

[[Page S512]]

       ``(i) the overall effectiveness of performance-based 
     planning as a tool for guiding transportation investments; 
     and
       ``(ii) the effectiveness of the performance-based planning 
     process of each metropolitan planning organization under this 
     section.
       ``(B) Publication.--The report under subparagraph (A) shall 
     be published or otherwise made available in electronically 
     accessible formats and means, including on the Internet.
       ``(n) Additional Requirements for Certain Nonattainment 
     Areas.--
       ``(1) In general.--Notwithstanding any other provision of 
     this chapter or title 23, Federal funds may not be advanced 
     in any metropolitan planning area classified as a 
     nonattainment area or maintenance area for any highway 
     project that will result in a significant increase in the 
     carrying capacity for single-occupant vehicles, unless the 
     owner or operator of the project demonstrates that the 
     project will achieve or make substantial progress toward 
     achieving the performance targets described in subsection 
     (h)(2).
       ``(2) Applicability.--This subsection applies to any 
     nonattainment area or maintenance area within the boundaries 
     of a metropolitan planning area, as determined under 
     subsection (d).
       ``(o) Effect of Section.--Nothing in this section provides 
     to any metropolitan planning organization the authority to 
     impose any legal requirement on any transportation facility, 
     provider, or project not subject to the requirements of this 
     chapter or title 23.
       ``(p) Funding.--Funds apportioned under section 104(b)(6) 
     of title 23 and set aside under section 5305(g) of this title 
     shall be available to carry out this section.
       ``(q) Continuation of Current Review Practice.--
       ``(1) In general.--In consideration of the factors 
     described in paragraph (2), any decision by the Secretary 
     concerning a metropolitan transportation plan or 
     transportation improvement program shall not be considered to 
     be a Federal action subject to review under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       ``(2) Description of factors.--The factors referred to in 
     paragraph (1) are that--
       ``(A) metropolitan transportation plans and transportation 
     improvement programs are subject to a reasonable opportunity 
     for public comment;
       ``(B) the projects included in metropolitan transportation 
     plans and transportation improvement programs are subject to 
     review under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.); and
       ``(C) decisions by the Secretary concerning metropolitan 
     transportation plans and transportation improvement programs 
     have not been reviewed under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) as of January 1, 
     1997.
       ``(r) Schedule for Implementation.--The Secretary shall 
     issue guidance on a schedule for implementation of the 
     changes made by this section, taking into consideration the 
     established planning update cycle for metropolitan planning 
     organizations. The Secretary shall not require a metropolitan 
     planning organization to deviate from its established 
     planning update cycle to implement changes made by this 
     section. Metropolitan planning organizations shall reflect 
     changes made to their transportation plan or transportation 
     improvement program updates not later than 2 years after the 
     date of issuance of guidance by the Secretary.''.
       (b) Pilot Program for Transit-oriented Development 
     Planning.--
       (1) Definitions.--In this subsection the following 
     definitions shall apply:
       (A) Eligible project.--The term ``eligible project'' means 
     a new fixed guideway capital project or a core capacity 
     improvement project, as those terms are defined in section 
     5309 of title 49, United States Code, as amended by this 
     division.
       (B) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (2) General authority.--The Secretary may make grants under 
     this subsection to a State or local governmental authority to 
     assist in financing comprehensive planning associated with an 
     eligible project that seeks to--
       (A) enhance economic development, ridership, and other 
     goals established during the project development and 
     engineering processes;
       (B) facilitate multimodal connectivity and accessibility;
       (C) increase access to transit hubs for pedestrian and 
     bicycle traffic;
       (D) enable mixed-use development;
       (E) identify infrastructure needs associated with the 
     eligible project; and
       (F) include private sector participation.
       (3) Eligibility.--A State or local governmental authority 
     that desires to participate in the program under this 
     subsection shall submit to the Secretary an application that 
     contains, at a minimum--
       (A) identification of an eligible project;
       (B) a schedule and process for the development of a 
     comprehensive plan;
       (C) a description of how the eligible project and the 
     proposed comprehensive plan advance the metropolitan 
     transportation plan of the metropolitan planning 
     organization;
       (D) proposed performance criteria for the development and 
     implementation of the comprehensive plan; and
       (E) identification of--
       (i) partners;
       (ii) availability of and authority for funding; and
       (iii) potential State, local or other impediments to the 
     implementation of the comprehensive plan.

     SEC. 40006. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION 
                   PLANNING.

       Section 5304 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5304. Statewide and nonmetropolitan transportation 
       planning

       ``(a) Statewide Transportation Plans and STIPs.--
       ``(1) Development.--
       ``(A) In general.--To accomplish the policy objectives 
     described in section 5303(a), each State shall develop a 
     statewide transportation plan and a statewide transportation 
     improvement program for all areas of the State in accordance 
     with this section.
       ``(B) Incorporation of metropolitan transportation plans 
     and tips.--Each State shall incorporate in the statewide 
     transportation plan and statewide transportation improvement 
     program, without change or by reference, the metropolitan 
     transportation plans and transportation improvement programs, 
     respectively, for each metropolitan planning area in the 
     State.
       ``(C) Nonmetropolitan areas.--Each State shall coordinate 
     with local officials in small urbanized areas with a 
     population of 50,000 or more individuals, but fewer than 
     200,000 individuals, as calculated according to the most 
     recent decennial census, and nonurbanized areas of the State 
     in preparing the nonmetropolitan portions of statewide 
     transportation plans and statewide transportation improvement 
     programs.
       ``(2) Contents.--The statewide transportation plan and 
     statewide transportation improvement program developed for 
     each State shall provide for the development and integrated 
     management and operation of transportation systems and 
     facilities (including accessible pedestrian walkways, bicycle 
     transportation facilities, and intermodal facilities that 
     support intercity transportation) that will function as--
       ``(A) an intermodal transportation system for the State; 
     and
       ``(B) an integral part of an intermodal transportation 
     system for the United States.
       ``(3) Process.--The process for developing the statewide 
     transportation plan and statewide transportation improvement 
     program shall--
       ``(A) provide for consideration of all modes of 
     transportation; and
       ``(B) be continuing, cooperative, and comprehensive to the 
     degree appropriate, based on the complexity of the 
     transportation needs to be addressed.
       ``(b) Coordination and Consultation.--
       ``(1) In general.--Each State shall--
       ``(A) coordinate planning carried out under this section 
     with--
       ``(i) the transportation planning activities carried out 
     under section 5303 for metropolitan areas of the State; and
       ``(ii) statewide trade and economic development planning 
     activities and related multistate planning efforts;
       ``(B) coordinate planning carried out under this section 
     with the transportation planning activities carried out by 
     each nonmetropolitan planning organization in the State, as 
     applicable;
       ``(C) coordinate planning carried out under this section 
     with the transportation planning activities carried out by 
     each rural planning organization in the State, as applicable; 
     and
       ``(D) develop the transportation portion of the State 
     implementation plan as required by the Clean Air Act (42 
     U.S.C. 7401 et seq.).
       ``(2) Multistate areas.--
       ``(A) In general.--The Secretary shall encourage each 
     Governor with responsibility for a portion of a multistate 
     metropolitan planning area and the appropriate metropolitan 
     planning organizations to provide coordinated transportation 
     planning for the entire metropolitan area.
       ``(B) Coordination along designated transportation 
     corridors.--The Secretary shall encourage each Governor with 
     responsibility for a portion of a multistate transportation 
     corridor to provide coordinated transportation planning for 
     the entire designated corridor.
       ``(C) Interstate compacts.--For purposes of this section, 
     any 2 or more States--
       ``(i) may enter into compacts, agreements, or organizations 
     not in conflict with any Federal law for cooperative efforts 
     and mutual assistance in support of activities authorized 
     under this section, as the activities relate to interstate 
     areas and localities within the States;
       ``(ii) may establish such agencies (joint or otherwise) as 
     the States determine to be appropriate for ensuring the 
     effectiveness of the agreements and compacts; and
       ``(iii) are encouraged to enter into such compacts, 
     agreements, or organizations as are appropriate to develop 
     planning documents in support of intercity or multistate area 
     projects, facilities, and services, the relevant components 
     of which shall be reflected in statewide transportation 
     improvement programs and statewide transportation plans.
       ``(D) Reservation of rights.--The right to alter, amend, or 
     repeal any interstate compact or agreement entered into under 
     this subsection is expressly reserved.
       ``(c) Relationship With Other Planning Officials.--
       ``(1) In general.--The Secretary shall encourage each State 
     to cooperate with Federal, State, tribal, and local officers 
     and entities responsible for other types of planning 
     activities that are affected by transportation

[[Page S513]]

     in the relevant area (including planned growth, economic 
     development, infrastructure services, housing, other public 
     services, environmental protection, airport operations, high-
     speed and intercity passenger rail, freight rail, port 
     access, and freight movements), to the maximum extent 
     practicable, to ensure that the statewide and nonmetropolitan 
     planning process, statewide transportation plans, and 
     statewide transportation improvement programs are developed 
     with due consideration for other related planning activities 
     in the State.
       ``(2) Inclusion.--Cooperation under paragraph (1) shall 
     include the design and delivery of transportation services 
     within the State that are provided by--
       ``(A) recipients of assistance under sections 202, 203, and 
     204 of title 23;
       ``(B) recipients of assistance under this chapter;
       ``(C) government agencies and nonprofit organizations 
     (including representatives of the agencies and organizations) 
     that receive Federal assistance from a source other than the 
     Department of Transportation to provide nonemergency 
     transportation services; and
       ``(D) sponsors of regionally significant programs, 
     projects, and services that are related to transportation and 
     receive assistance from any public or private source.
       ``(d) Scope of Planning Process.--
       ``(1) In general.--The statewide transportation planning 
     process for a State under this section shall provide for 
     consideration of projects, strategies, and services that 
     will--
       ``(A) support the economic vitality of the United States, 
     the State, nonmetropolitan areas, and metropolitan areas, 
     especially by enabling global competitiveness, productivity, 
     and efficiency;
       ``(B) increase the safety of the transportation system for 
     motorized and nonmotorized users;
       ``(C) increase the security of the transportation system 
     for motorized and nonmotorized users;
       ``(D) increase the accessibility and mobility of 
     individuals and freight;
       ``(E) protect and enhance the environment, promote energy 
     conservation, improve the quality of life, and promote 
     consistency between transportation improvements and State and 
     local planned growth and economic development patterns;
       ``(F) enhance the integration and connectivity of the 
     transportation system, across and between modes, for 
     individuals and freight;
       ``(G) increase efficient system management and operation; 
     and
       ``(H) emphasize the preservation of the existing 
     transportation system.
       ``(2) Performance-based approach.--
       ``(A) In general.--The statewide transportation planning 
     process shall provide for the establishment and use of a 
     performance-based approach to transportation decisionmaking 
     to support the national goals described in section 5301(c) of 
     this title and in section 150(b) of title 23.
       ``(B) Surface transportation performance targets.--
       ``(i) In general.--Each State shall establish performance 
     targets that address the performance measures described in 
     sections 119(f), 148(h), and 167(i) of title 23 to use in 
     tracking attainment of critical outcomes for the region of 
     the State.
       ``(ii) Coordination.--Selection of performance targets by a 
     State shall be coordinated with relevant metropolitan 
     planning organizations to ensure consistency, to the maximum 
     extent practicable.
       ``(C) Public transportation performance targets.--For 
     providers of public transportation operating in urbanized 
     areas with a population of fewer than 200,000 individuals, as 
     calculated according to the most recent decennial census, and 
     not represented by a metropolitan planning organization, each 
     State shall adopt the performance targets identified by such 
     providers of public transportation pursuant to sections 
     5326(c) and 5329(d), for use in tracking attainment of 
     critical outcomes for the region of the metropolitan planning 
     organization.
       ``(D) Integration of other performance-based plans.--A 
     State shall integrate into the statewide transportation 
     planning process, directly or by reference, the goals, 
     objectives, performance measures, and performance targets 
     described in this paragraph in other State plans and 
     processes, and asset management and safety plans developed by 
     providers of public transportation in urbanized areas with a 
     population of fewer than 200,000 individuals, as calculated 
     according to the most recent decennial census, and not 
     represented by a metropolitan planning organization, required 
     as part of a performance-based program, including plans such 
     as--
       ``(i) the State National Highway System asset management 
     plan;
       ``(ii) asset management plans developed by providers of 
     public transportation;
       ``(iii) the State strategic highway safety plan;
       ``(iv) safety plans developed by providers of public 
     transportation; and
       ``(v) the national freight strategic plan.
       ``(E) Use of performance measures and targets.--The 
     performance measures and targets established under this 
     paragraph shall be used, at a minimum, by a State as the 
     basis for development of policies, programs, and investment 
     priorities reflected in the statewide transportation plan and 
     statewide transportation improvement program.
       ``(3) Failure to consider factors.--The failure to take 
     into consideration 1 or more of the factors specified in 
     paragraphs (1) and (2) shall not be subject to review by any 
     court under this chapter, title 23, subchapter II of chapter 
     5 of title 5, or chapter 7 of title 5 in any matter affecting 
     a statewide transportation plan, a statewide transportation 
     improvement program, a project or strategy, or the 
     certification of a planning process.
       ``(4) Participation by interested parties.--
       ``(A) In general.--Each State shall provide to 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 5303--
       ``(i) all regionally significant projects to be carried out 
     during the 10-year period beginning on the effective date of 
     the relevant existing metropolitan transportation plan; and
       ``(ii) all projects to be carried out during the 4-year 
     period beginning on the effective date of the relevant 
     transportation improvement program.
       ``(B) Projected costs.--Each metropolitan planning 
     organization shall provide to each applicable State a 
     description of the projected costs of implementing the 
     projects included in the metropolitan transportation plan of 
     the metropolitan planning organization for purposes of 
     metropolitan financial planning and fiscal constraint.
       ``(2) Nonmetropolitan areas.--With respect to 
     nonmetropolitan areas in a State, the statewide 
     transportation plan and statewide transportation improvement 
     program of the State shall be developed in coordination with 
     affected nonmetropolitan local officials with responsibility 
     for transportation, including providers of public 
     transportation.
       ``(3) Indian tribal areas.--With respect to each area of a 
     State under the jurisdiction of an Indian tribe, the 
     statewide transportation plan and statewide transportation 
     improvement program of the State shall be developed in 
     consultation with--
       ``(A) the tribal government; and
       ``(B) the Secretary of the Interior.
       ``(4) Federal land management agencies.--With respect to 
     each area of a State under the jurisdiction of a Federal land 
     management agency, the statewide transportation plan and 
     statewide transportation improvement program of the State 
     shall be developed in consultation with the relevant Federal 
     land management agency.
       ``(5) Consultation, comparison, and consideration.--
       ``(A) In general.--A statewide transportation plan shall be 
     developed, as appropriate, in consultation with Federal, 
     State, tribal, and local agencies responsible for land use 
     management, natural resources, infrastructure permitting, 
     environmental protection, conservation, and historic 
     preservation.
       ``(B) Comparison and consideration.--Consultation under 
     subparagraph (A) shall involve the comparison of statewide 
     transportation plans to, as available--
       ``(i) Federal, State, tribal, and local conservation plans 
     or maps; and
       ``(ii) inventories of natural or historic resources.
       ``(f) Statewide Transportation Plan.--
       ``(1) Development.--
       ``(A) In general.--Each State shall develop a statewide 
     transportation plan, the forecast period of which shall be 
     not less than 20 years for all areas of the State, that 
     provides for the development and implementation of the 
     intermodal transportation system of the State.
       ``(B) Initial period.--A statewide transportation plan 
     shall include, at a minimum, for the first 10-year period of 
     the statewide transportation plan, the identification of 
     existing and future transportation facilities that will 
     function as an integrated statewide transportation system, 
     giving emphasis to those facilities that serve important 
     national, statewide, and regional transportation functions.

[[Page S514]]

       ``(C) Subsequent period.--For the second 10-year period of 
     the statewide transportation plan (referred to in this 
     subsection as the `outer years period'), a statewide 
     transportation plan--
       ``(i) may include identification of future transportation 
     facilities; and
       ``(ii) shall describe the policies and strategies that 
     provide for the development and implementation of the 
     intermodal transportation system of the State.
       ``(D) Other requirements.--A statewide transportation plan 
     shall--
       ``(i) include, for the 20-year period covered by the 
     statewide transportation plan, a description of--

       ``(I) the projected aggregate cost of projects anticipated 
     by a State to be implemented; and
       ``(II) the revenues necessary to support the projects;

       ``(ii) include, in such form as the Secretary determines to 
     be appropriate, a description of--

       ``(I) the existing transportation infrastructure, including 
     an identification of highways, local streets and roads, 
     bicycle and pedestrian facilities, public transportation 
     facilities and services, commuter rail facilities and 
     services, high-speed and intercity passenger rail facilities 
     and services, freight facilities (including freight railroad 
     and port facilities), multimodal and intermodal facilities, 
     and intermodal connectors that, evaluated in the aggregate, 
     function as an integrated transportation system;
       ``(II) the performance measures and performance targets 
     used in assessing the existing and future performance of the 
     transportation system described in subsection (d)(2);
       ``(III) the current and projected future usage of the 
     transportation system, including, to the maximum extent 
     practicable, an identification of existing or planned 
     transportation rights-of-way, corridors, facilities, and 
     related real properties;
       ``(IV) a system performance report evaluating the existing 
     and future condition and performance of the transportation 
     system with respect to the performance targets described in 
     subsection (d)(2) and updates to subsequent system 
     performance reports, including--

       ``(aa) progress achieved by the State in meeting 
     performance targets, as compared to system performance 
     recorded in previous reports; and
       ``(bb) an accounting of the performance by the State on 
     outlay of obligated project funds and delivery of projects 
     that have reached substantial completion, in relation to the 
     projects currently on the statewide transportation 
     improvement program and those projects that have been removed 
     from the previous statewide transportation improvement 
     program;

       ``(V) recommended strategies and investments for improving 
     system performance over the planning horizon, including 
     transportation systems management and operations strategies, 
     maintenance strategies, demand management strategies, asset 
     management strategies, capacity and enhancement investments, 
     land use improvements, intelligent transportation systems 
     deployment and technology adoption strategies as determined 
     by the projected support of performance targets described in 
     subsection (d)(2);
       ``(VI) recommended strategies and investments to improve 
     and integrate disability-related access to transportation 
     infrastructure;
       ``(VII) investment priorities for using projected available 
     and proposed revenues over the short- and long-term stages of 
     the planning horizon, in accordance with the financial plan 
     required under paragraph (2);
       ``(VIII) a description of interstate compacts entered into 
     in order to promote coordinated transportation planning in 
     multistate areas, if applicable;
       ``(IX) an optional illustrative list of projects containing 
     investments that--

       ``(aa) are not included in the statewide transportation 
     plan; but
       ``(bb) would be so included if resources in addition to the 
     resources identified in the financial plan under paragraph 
     (2) were available;

       ``(X) a discussion (developed in consultation with Federal, 
     State, and tribal wildlife, land management, and regulatory 
     agencies) of types of potential environmental and stormwater 
     mitigation activities and potential areas to carry out those 
     activities, including activities that may have the greatest 
     potential to restore and maintain the environmental functions 
     affected by the statewide transportation plan; and
       ``(XI) recommended strategies and investments, including 
     those developed by the State as part of interstate compacts, 
     agreements, or organizations, that support intercity 
     transportation; and

       ``(iii) be updated by the State not less frequently than 
     once every 5 years.
       ``(2) Financial plan.--A financial plan referred to in 
     paragraph (1)(D)(ii)(VII) shall--
       ``(A) be prepared by each State to support the statewide 
     transportation plan; and
       ``(B) contain a description of--
       ``(i) the 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; and
       ``(v) 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, for the outer years period of the statewide 
     transportation plan.
       ``(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).
       ``(g) Statewide Transportation Improvement Programs.--
       ``(1) Development.--
       ``(A) In general.--In cooperation with nonmetropolitan 
     officials with responsibility for transportation and affected 
     public transportation operators, the State shall develop a 
     statewide transportation improvement program for the State 
     that--
       ``(i) includes projects consistent with the statewide 
     transportation plan;
       ``(ii) reflects the investment priorities established in 
     the statewide transportation plan; and
       ``(iii) once implemented, makes significant progress toward 
     achieving the performance targets described in subsection 
     (d)(2).
       ``(B) Opportunity for participation.--In developing a 
     statewide transportation improvement program, the State, in 
     cooperation with affected public transportation operators, 
     shall provide an opportunity for participation by interested 
     parties in the development of the statewide transportation 
     improvement program, in accordance with subsection (e).
       ``(C) Other requirements.--
       ``(i) In general.--A statewide transportation improvement 
     program shall--

       ``(I) cover a period of not less than 4 years; and
       ``(II) be updated not less frequently than once every 4 
     years, or more frequently, as the Governor determines to be 
     appropriate.

       ``(ii) Incorporation of tips.--A statewide transportation 
     improvement program shall incorporate any relevant 
     transportation improvement program developed by a 
     metropolitan planning organization under section 5303, 
     without change.
       ``(iii) Projects.--Each project included in a statewide 
     transportation improvement program shall be--

       ``(I) consistent with the statewide transportation plan 
     developed under this section for the State;
       ``(II) identical to a project or phase of a project 
     described in a relevant transportation improvement program; 
     and
       ``(III) for any project located in a nonattainment area or 
     maintenance area, carried out in accordance with the 
     applicable State air quality implementation plan developed 
     under the Clean Air Act (42 U.S.C. 7401 et seq.).

       ``(2) Contents.--
       ``(A) Priority list.--A statewide transportation 
     improvement program shall include a priority list of proposed 
     federally supported projects and strategies, to be carried 
     out during the 4-year period beginning on the date of 
     adoption of the statewide transportation improvement program, 
     and during each 4-year period thereafter, using existing and 
     reasonably available revenues in accordance with the 
     financial plan under paragraph (3).
       ``(B) Descriptions.--Each project or phase of a project 
     included in a statewide transportation improvement program 
     shall include sufficient descriptive material (such as type 
     of work, termini, length, estimated completion date, and 
     other similar factors) to identify--
       ``(i) the project or project phase; and
       ``(ii) the effect that the project or project phase will 
     have in addressing the performance targets described in 
     subsection (d)(2).
       ``(C) Performance target achievement.--A statewide 
     transportation improvement program shall include, to the 
     maximum extent practicable, a discussion of the anticipated 
     effect of the statewide transportation

[[Page S515]]

     improvement program toward achieving the performance targets 
     established in the statewide transportation plan, linking 
     investment priorities to those performance targets.
       ``(D) Illustrative list of projects.--An optional 
     illustrative list of projects may be prepared containing 
     additional investment priorities that--
       ``(i) are not included in the statewide transportation 
     improvement program; but
       ``(ii) would be so included if resources in addition to the 
     resources identified in the financial plan under paragraph 
     (3) were available.
       ``(3) Financial plan.--A financial plan referred to in 
     paragraph (2)(D)(ii) shall--
       ``(A) be prepared by each State to support the statewide 
     transportation improvement program; and
       ``(B) contain a description of--
       ``(i) the projected resource requirements for implementing 
     projects, strategies, and services recommended in the 
     statewide transportation improvement program, including 
     existing and projected system operating and maintenance 
     needs, proposed enhancement and expansions to the system, 
     projected available revenue from Federal, State, local, and 
     private sources, and innovative financing techniques to 
     finance projects and programs;
       ``(ii) the projected difference between costs and revenues, 
     and strategies for securing additional new revenue (such as 
     by capture of some of the economic value created by any new 
     investment);
       ``(iii) estimates of future funds, to be developed 
     cooperatively by the State and relevant metropolitan planning 
     organizations and public transportation agencies, that are 
     reasonably expected to be available to support the investment 
     priorities recommended in the statewide transportation 
     improvement program; and
       ``(iv) each applicable project, only if full funding can 
     reasonably be anticipated to be available for the project 
     within the time period contemplated for completion of the 
     project.
       ``(4) Included projects.--
       ``(A) Projects under this chapter and title 23.--A 
     statewide transportation improvement program developed under 
     this subsection for a State shall include the projects within 
     the State that are proposed for funding under this chapter 
     and chapter 1 of title 23.
       ``(B) Projects under this chapter and chapter 2.--
       ``(i) Regionally significant.--Each regionally significant 
     project proposed for funding under this chapter and chapter 2 
     of title 23 shall be identified individually in the statewide 
     transportation improvement program.
       ``(ii) Nonregionally significant.--A description of each 
     project proposed for funding under this chapter and chapter 2 
     of title 23 that is not determined to be regionally 
     significant shall be contained in 1 line item or identified 
     individually in the statewide transportation improvement 
     program.
       ``(5) Publication.--
       ``(A) In general.--A statewide transportation improvement 
     program shall be published or otherwise made readily 
     available by the State for public review in electronically 
     accessible formats and means, such as the Internet.
       ``(B) Annual list of projects.--An annual list of projects, 
     including investments in pedestrian walkways, bicycle 
     transportation facilities, and intermodal facilities that 
     support intercity transportation, for which Federal funds 
     have been obligated during the preceding fiscal year shall be 
     published or otherwise made available by the cooperative 
     effort of the State, public transportation operator, and 
     relevant metropolitan planning organizations in 
     electronically accessible formats and means, such as the 
     Internet, in a manner that is consistent with the categories 
     identified in the relevant statewide transportation 
     improvement program.
       ``(6) Project selection for urbanized areas with 
     populations of fewer than 200,000 not represented by 
     designated mpos.--Projects carried out in urbanized areas 
     with populations of fewer than 200,000 individuals, as 
     calculated according to the most recent decennial census, and 
     that are not represented by designated metropolitan planning 
     organizations, shall be selected from the approved statewide 
     transportation improvement program (including projects 
     carried out under this chapter and projects carried out by 
     the State), in cooperation with the affected nonmetropolitan 
     planning organization, if any exists, and in consultation 
     with the affected nonmetropolitan area local officials with 
     responsibility for transportation.
       ``(7) Approval by secretary.--
       ``(A) In general.--Not less frequently than once every 4 
     years, a statewide transportation improvement program 
     developed under this subsection shall be reviewed and 
     approved by the Secretary, based on the current planning 
     finding of the Secretary under subparagraph (B).
       ``(B) Planning finding.--The Secretary shall make a 
     planning finding referred to in subparagraph (A) not less 
     frequently than once every 5 years regarding whether the 
     transportation planning process through which statewide 
     transportation plans and statewide transportation improvement 
     programs are developed is consistent with this section and 
     section 5303.
       ``(8) Modifications to project priority.--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 chapter and title 23.
       ``(B) Restoration of withheld funds.--Any funds withheld 
     under subparagraph (A) shall be restored to the State on the 
     date of certification of the statewide transportation 
     planning process by the Secretary.
       ``(4) Public involvement.--In making a determination 
     regarding certification under this subsection, the Secretary 
     shall provide for public involvement appropriate to the State 
     under review.
       ``(i) Performance-based Planning Processes Evaluation.--
       ``(1) In general.--The Secretary shall establish criteria 
     to evaluate the effectiveness of the performance-based 
     planning processes of States, taking into consideration the 
     following:
       ``(A) The extent to which the State has achieved, or is 
     currently making substantial progress toward achieving, the 
     performance targets described in subsection (d)(2), taking 
     into account whether the State developed meaningful 
     performance targets.
       ``(B) The extent to which the State has used proven best 
     practices that help ensure transportation investment that is 
     efficient and cost-effective.
       ``(C) The extent to which the State--
       ``(i) has developed an investment process that relies on 
     public input and awareness to ensure that investments are 
     transparent and accountable; and
       ``(ii) provides regular reports allowing the public to 
     access the information being collected in a format that 
     allows the public to meaningfully assess the performance of 
     the State.
       ``(2) Report.--
       ``(A) In general.--Not later than 5 years after the date of 
     enactment of the Federal Public Transportation Act of 2012, 
     the Secretary shall submit to Congress a report evaluating--
       ``(i) the overall effectiveness of performance-based 
     planning as a tool for guiding transportation investments; 
     and
       ``(ii) the effectiveness of the performance-based planning 
     process of each State.
       ``(B) Publication.--The report under subparagraph (A) shall 
     be published or otherwise made available in electronically 
     accessible formats and means, including on the Internet.
       ``(j) Funding.--Funds apportioned under section 104(b)(6) 
     of title 23 and set aside under section 5305(g) shall be 
     available to carry out this section.
       ``(k) Continuation of Current Review Practice.--
       ``(1) In general.--In consideration of the factors 
     described in paragraph (2), any decision by the Secretary 
     concerning a statewide transportation plan or statewide 
     transportation improvement program shall not be considered to 
     be a Federal action subject to review under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       ``(2) Description of factors.--The factors referred to in 
     paragraph (1) are that--
       ``(A) statewide transportation plans and statewide 
     transportation improvement programs are subject to a 
     reasonable opportunity for public comment;
       ``(B) the projects included in statewide transportation 
     plans and statewide transportation improvement programs are 
     subject to review under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.); and
       ``(C) decisions by the Secretary concerning statewide 
     transportation plans and statewide transportation improvement 
     programs have not been reviewed under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) as 
     of January 1, 1997.
       ``(l) Schedule for Implementation.--The Secretary shall 
     issue guidance on a schedule for implementation of the 
     changes made by this section, taking into consideration the 
     established planning update cycle for States. The Secretary 
     shall not require a State to deviate from its established 
     planning update cycle to implement changes made by this 
     section. States shall reflect changes made to their 
     transportation plan or transportation improvement program 
     updates not later than 2 years after the date of issuance of 
     guidance by the Secretary under this subsection.''.

[[Page S516]]

     SEC. 40007. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM.

       Section 5306 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5306. Public transportation emergency relief program

       ``(a) Definition.--In this section the following 
     definitions shall apply:
       ``(1) Eligible operating costs.--The term `eligible 
     operating costs' means costs relating to--
       ``(A) evacuation services;
       ``(B) rescue operations;
       ``(C) temporary public transportation service; or
       ``(D) reestablishing, expanding, or relocating public 
     transportation route service before, during, or after an 
     emergency.
       ``(2) Emergency.--The term `emergency' means a natural 
     disaster affecting a wide area (such as a flood, hurricane, 
     tidal wave, earthquake, severe storm, or landslide) or a 
     catastrophic failure from any external cause, as a result of 
     which--
       ``(A) the Governor of a State has declared an emergency and 
     the Secretary has concurred; or
       ``(B) the President has declared a major disaster under 
     section 401 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170).
       ``(b) General Authority.--
       ``(1) Capital assistance.--The Secretary may make grants 
     and enter into contracts and other agreements (including 
     agreements with departments, agencies, and instrumentalities 
     of the Government) for capital projects to protect, repair, 
     reconstruct, or replace equipment and facilities of a public 
     transportation system operating in the United States or on an 
     Indian reservation that the Secretary determines is in danger 
     of suffering serious damage, or has suffered serious damage, 
     as a result of an emergency.
       ``(2) Operating assistance.--Of the funds appropriated to 
     carry out this section, the Secretary may make grants and 
     enter into contracts or other agreements for the eligible 
     operating costs of public transportation equipment and 
     facilities in an area directly affected by an emergency 
     during--
       ``(A) the 1-year period beginning on the date of a 
     declaration described in subsection (a)(2); or
       ``(B) if the Secretary determines there is a compelling 
     need, the 2-year period beginning on the date of a 
     declaration described in subsection (a)(2).
       ``(c) Coordination of Emergency Funds.--
       ``(1) Use of funds.--Funds appropriated to carry out this 
     section shall be in addition to any other funds available--
       ``(A) under this chapter; or
       ``(B) for the same purposes as authorized under this 
     section by any other branch of the Government, including the 
     Federal Emergency Management Agency, or a State agency, local 
     governmental entity, organization, or person.
       ``(2) Notification.--The Secretary shall notify the 
     Secretary of Homeland Security of the purpose and amount of 
     any grant made or contract or other agreement entered into 
     under this section.
       ``(d) Interagency Transfers.--Amounts that are made 
     available for emergency purposes to any other agency of the 
     Government, including the Federal Emergency Management 
     Agency, and that are eligible to be expended for purposes 
     authorized under this section may be transferred to and 
     administered by the Secretary under this section.
       ``(e) Interagency Agreement.--
       ``(1) In general.--The Secretary shall enter into an 
     interagency agreement with the Secretary of Homeland Security 
     which shall provide for the means by which the Department of 
     Transportation, including the Federal Transit Administration, 
     and the Department of Homeland Security, including the 
     Federal Emergency Management Agency, shall cooperate in 
     administering emergency relief for public transportation.
       ``(2) Contents.--The interagency agreement under paragraph 
     (1) shall provide that funds made available to the Federal 
     Emergency Management Agency for emergency relief for public 
     transportation shall be transferred to the Secretary to carry 
     out this section, to the maximum extent possible.
       ``(f) Grant Requirements.--A grant awarded under this 
     section shall be subject to the terms and conditions the 
     Secretary determines are necessary.
       ``(g) Government Share of Costs.--
       ``(1) Capital projects and operating assistance.--A grant, 
     contract, or other agreement for a capital project or 
     eligible operating costs under this section shall be, at the 
     option of the recipient, for not more than 80 percent of the 
     net project cost, as determined by the Secretary.
       ``(2) Non-federal share.--The remainder of the net project 
     cost may be provided from an undistributed cash surplus, a 
     replacement or depreciation cash fund or reserve, or new 
     capital.
       ``(3) Waiver.--The Secretary may waive, in whole or part, 
     the non-Federal share required under paragraph (2).''.

     SEC. 40008. URBANIZED AREA FORMULA GRANTS.

       Section 5307 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5307. Urbanized area formula grants

       ``(a) General Authority.--
       ``(1) Grants.--The Secretary may make grants under this 
     section for--
       ``(A) capital projects;
       ``(B) planning; and
       ``(C) operating costs of equipment and facilities for use 
     in public transportation in an urbanized area with a 
     population of fewer than 200,000 individuals, as determined 
     by the Bureau of the Census.
       ``(2) Special rule.--The Secretary may make grants under 
     this section to finance the operating cost of equipment and 
     facilities for use in public transportation, excluding rail 
     fixed guideway, in an urbanized area with a population of not 
     fewer than 200,000 individuals, as determined by the Bureau 
     of the Census--
       ``(A) for public transportation systems that operate 75 or 
     fewer buses during peak service hours, in an amount not to 
     exceed 50 percent of the share of the apportionment which is 
     attributable to such systems within the urbanized area, as 
     measured by vehicle revenue hours; and
       ``(B) for public transportation systems that operate a 
     minimum of 76 buses and a maximum of 100 buses during peak 
     service hours, in an amount not to exceed 25 percent of the 
     share of the apportionment which is attributable to such 
     systems within the urbanized area, as measured by vehicle 
     revenue hours.
       ``(3) Temporary and targeted assistance.--
       ``(A) Eligibility.--The Secretary may make a grant under 
     this section to finance the operating cost of equipment and 
     facilities to a recipient for use in public transportation in 
     an area that the Secretary determines has--
       ``(i) a population of not fewer than 200,000 individuals, 
     as determined by the Bureau of the Census; and
       ``(ii) a 3-month unemployment rate, as reported by the 
     Bureau of Labor Statistics, that is--

       ``(I) greater than 7 percent; and
       ``(II) at least 2 percentage points greater than the lowest 
     3-month unemployment rate for the area during the 5-year 
     period preceding the date of the determination.

       ``(B) Award of grant.--
       ``(i) In general.--Except as otherwise provided in this 
     subparagraph, the Secretary may make a grant under this 
     section for not more than 2 consecutive fiscal years.
       ``(ii) Additional year.--If, at the end of the second 
     fiscal year following the date on which the Secretary makes a 
     determination under subparagraph (A) with respect to an area, 
     the Secretary determines that the 3-month unemployment rate 
     for the area is at least 2 percentage points greater than the 
     unemployment rate for the area at the time the Secretary made 
     the determination under subparagraph (A), the Secretary may 
     make a grant to a recipient in the area for 1 additional 
     consecutive fiscal year.
       ``(iii) Exclusion period.--Beginning on the last day of the 
     last consecutive fiscal year for which a recipient receives a 
     grant under this paragraph, the Secretary may not make a 
     subsequent grant under this paragraph to the recipient for a 
     number of fiscal years equal to the number of consecutive 
     fiscal years in which the recipient received a grant under 
     this paragraph.
       ``(C) Limitation.--
       ``(i) First fiscal year.--For the first fiscal year 
     following the date on which the Secretary makes a 
     determination under subparagraph (A) with respect to an area, 
     not more than 25 percent of the amount apportioned to a 
     designated recipient under section 5336 for the fiscal year 
     shall be available for operating assistance for the area.
       ``(ii) Second and third fiscal years.--For the second and 
     third fiscal years following the date on which the Secretary 
     makes a determination under subparagraph (A) with respect to 
     an area, not more than 20 percent of the amount apportioned 
     to a designated recipient under section 5336 for the fiscal 
     year shall be available for operating assistance for the 
     area.
       ``(D) Period of availability for operating assistance.--
     Operating assistance awarded under this paragraph shall be 
     available for expenditure to a recipient in an area until the 
     end of the second fiscal year following the date on which the 
     Secretary makes a determination under subparagraph (A) with 
     respect to the area, after which time any unexpended funds 
     shall be available to the recipient for other eligible 
     activities under this section.
       ``(E) Certification.--The Secretary may make a grant for 
     operating assistance under this paragraph for a fiscal year 
     only if the recipient certifies that--
       ``(i) the recipient will maintain public transportation 
     service levels at or above the current service level, which 
     shall be demonstrated by providing an equal or greater number 
     of vehicle hours of service in the fiscal year than the 
     number of vehicle hours of service provided in the preceding 
     fiscal year;
       ``(ii) any non-Federal entity that provides funding to the 
     recipient, including a State or local governmental entity, 
     will maintain the tax rate or rate of allocations dedicated 
     to public transportation at or above the rate for the 
     preceding fiscal year;
       ``(iii) the recipient has allocated the maximum amount of 
     funding under this section for preventive maintenance costs 
     eligible as a capital expense necessary to maintain the level 
     and quality of service provided in the preceding fiscal year; 
     and
       ``(iv) the recipient will not use funding under this 
     section for new capital assets except as necessary for the 
     existing system to maintain or achieve a state of good 
     repair, assure safety, or replace obsolete technology.
       ``(b) Access to Jobs Projects.--

[[Page S517]]

       ``(1) In general.--A designated recipient shall expend not 
     less than 3 percent of the amount apportioned to the 
     designated recipient under section 5336 or an amount equal to 
     the amount apportioned to the designated recipient in fiscal 
     year 2011 to carry out section 5316 (as in effect for fiscal 
     year 2011), whichever is less, to carry out a program to 
     develop and maintain job access projects. Eligible projects 
     may include--
       ``(A) a project relating to the development and maintenance 
     of public transportation services designed to transport 
     eligible low-income individuals to and from jobs and 
     activities related to their employment, including--
       ``(i) a public transportation project to finance planning, 
     capital, and operating costs of providing access to jobs 
     under this chapter;
       ``(ii) promoting public transportation by low-income 
     workers, including the use of public transportation by 
     workers with nontraditional work schedules;
       ``(iii) promoting the use of public transportation vouchers 
     for welfare recipients and eligible low-income individuals; 
     and
       ``(iv) promoting the use of employer-provided 
     transportation, including the transit pass benefit program 
     under section 132 of the Internal Revenue Code of 1986; and
       ``(B) a transportation project designed to support the use 
     of public transportation including--
       ``(i) enhancements to existing public transportation 
     service for workers with non-traditional hours or reverse 
     commutes;
       ``(ii) guaranteed ride home programs;
       ``(iii) bicycle storage facilities; and
       ``(iv) projects that otherwise facilitate the provision of 
     public transportation services to employment opportunities.
       ``(2) Project selection and plan development.--Each grant 
     recipient under this subsection shall certify that--
       ``(A) the projects selected were included in a locally 
     developed, coordinated public transit-human services 
     transportation plan;
       ``(B) the plan was developed and approved through a process 
     that included individuals with low incomes, representatives 
     of public, private, and nonprofit transportation and human 
     services providers, and participation by the public;
       ``(C) services funded under this subsection are coordinated 
     with transportation services funded by other Federal 
     departments and agencies to the maximum extent feasible; and
       ``(D) allocations of the grant to subrecipients, if any, 
     are distributed on a fair and equitable basis.
       ``(3) Competitive process for grants to subrecipients.--
       ``(A) Areawide solicitations.--A recipient of funds 
     apportioned under this subsection may conduct, in cooperation 
     with the appropriate metropolitan planning organization, an 
     areawide solicitation for applications for grants to the 
     recipient and subrecipients under this subsection.
       ``(B) Application.--If the recipient elects to engage in a 
     competitive process, recipients and subrecipients seeking to 
     receive a grant from apportioned funds shall submit to the 
     recipient an application in the form and in accordance with 
     such requirements as the recipient shall establish.
       ``(c) Program of Projects.--Each recipient of a grant 
     shall--
       ``(1) make available to the public information on amounts 
     available to the recipient under this section;
       ``(2) develop, in consultation with interested parties, 
     including private transportation providers, a proposed 
     program of projects for activities to be financed;
       ``(3) publish a proposed program of projects in a way that 
     affected individuals, private transportation providers, and 
     local elected officials have the opportunity to examine the 
     proposed program and submit comments on the proposed program 
     and the performance of the recipient;
       ``(4) provide an opportunity for a public hearing in which 
     to obtain the views of individuals on the proposed program of 
     projects;
       ``(5) ensure that the proposed program of projects provides 
     for the coordination of public transportation services 
     assisted under section 5336 of this title with transportation 
     services assisted from other United States Government 
     sources;
       ``(6) consider comments and views received, especially 
     those of private transportation providers, in preparing the 
     final program of projects; and
       ``(7) make the final program of projects available to the 
     public.
       ``(d) Grant Recipient Requirements.--A recipient may 
     receive a grant in a fiscal year only if--
       ``(1) the recipient, within the time the Secretary 
     prescribes, submits a final program of projects prepared 
     under subsection (c) of this section and a certification for 
     that fiscal year that the recipient (including a person 
     receiving amounts from a Governor under this section)--
       ``(A) has or will have the legal, financial, and technical 
     capacity to carry out the program, including safety and 
     security aspects of the program;
       ``(B) has or will have satisfactory continuing control over 
     the use of equipment and facilities;
       ``(C) will maintain equipment and facilities;
       ``(D) will ensure that, during non-peak hours for 
     transportation using or involving a facility or equipment of 
     a project financed under this section, a fare that is not 
     more than 50 percent of the peak hour fare will be charged 
     for any--
       ``(i) senior;
       ``(ii) individual who, because of illness, injury, age, 
     congenital malfunction, or other incapacity or temporary or 
     permanent disability (including an individual who is a 
     wheelchair user or has semiambulatory capability), cannot use 
     a public transportation service or a public transportation 
     facility effectively without special facilities, planning, or 
     design; and
       ``(iii) individual presenting a Medicare card issued to 
     that individual under title II or XVIII of the Social 
     Security Act (42 U.S.C. 401 et seq. and 1395 et seq.);
       ``(E) in carrying out a procurement under this section, 
     will comply with sections 5323 and 5325;
       ``(F) has complied with subsection (c) of this section;
       ``(G) has available and will provide the required amounts 
     as provided by subsection (e) of this section;
       ``(H) will comply with sections 5303 and 5304;
       ``(I) has a locally developed process to solicit and 
     consider public comment before raising a fare or carrying out 
     a major reduction of transportation;
       ``(J)(i) will expend for each fiscal year for public 
     transportation security projects, including increased 
     lighting in or adjacent to a public transportation system 
     (including bus stops, subway stations, parking lots, and 
     garages), increased camera surveillance of an area in or 
     adjacent to that system, providing an emergency telephone 
     line to contact law enforcement or security personnel in an 
     area in or adjacent to that system, and any other project 
     intended to increase the security and safety of an existing 
     or planned public transportation system, at least 1 percent 
     of the amount the recipient receives for each fiscal year 
     under section 5336 of this title; or
       ``(ii) has decided that the expenditure for security 
     projects is not necessary;
       ``(K) in the case of a recipient for an urbanized area with 
     a population of not fewer than 200,000 individuals, as 
     determined by the Bureau of the Census--
       ``(i) will expend not less than 1 percent of the amount the 
     recipient receives each fiscal year under this section for 
     associated transit improvements, as defined in section 5302; 
     and
       ``(ii) will submit an annual report listing projects 
     carried out in the preceding fiscal year with those funds; 
     and
       ``(L) will comply with section 5329(d); and
       ``(2) the Secretary accepts the certification.
       ``(e) Government Share of Costs.--
       ``(1) Capital projects.--A grant for a capital project 
     under this section shall be for 80 percent of the net project 
     cost of the project. The recipient may provide additional 
     local matching amounts.
       ``(2) Operating expenses.--A grant for operating expenses 
     under this section may not exceed 50 percent of the net 
     project cost of the project.
       ``(3) Remaining costs.--Subject to paragraph (4), the 
     remainder of the net project costs shall be provided--
       ``(A) in cash from non-Government sources other than 
     revenues from providing public transportation services;
       ``(B) from revenues from the sale of advertising and 
     concessions;
       ``(C) from an undistributed cash surplus, a replacement or 
     depreciation cash fund or reserve, or new capital;
       ``(D) from amounts appropriated or otherwise made available 
     to a department or agency of the Government (other than the 
     Department of Transportation) that are eligible to be 
     expended for transportation; and
       ``(E) from amounts received under a service agreement with 
     a State or local social service agency or private social 
     service organization.
       ``(4) Use of certain funds.--For purposes of subparagraphs 
     (D) and (E) of paragraph (3), the prohibitions on the use of 
     funds for matching requirements under section 
     403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 
     603(a)(5)(C)(vii)) shall not apply to Federal or State funds 
     to be used for transportation purposes.
       ``(f) Undertaking Projects in Advance.--
       ``(1) Payment.--The Secretary may pay the Government share 
     of the net project cost to a State or local governmental 
     authority that carries out any part of a project eligible 
     under subparagraph (A) or (B) of subsection (a)(1) without 
     the aid of amounts of the Government and according to all 
     applicable procedures and requirements if--
       ``(A) the recipient applies for the payment;
       ``(B) the Secretary approves the payment; and
       ``(C) before carrying out any part of the project, the 
     Secretary approves the plans and specifications for the part 
     in the same way as for other projects under this section.
       ``(2) Approval of application.--The Secretary may approve 
     an application under paragraph (1) of this subsection only if 
     an authorization for this section is in effect for the fiscal 
     year to which the application applies. The Secretary may not 
     approve an application if the payment will be more than--
       ``(A) the recipient's expected apportionment under section 
     5336 of this title if the total amount authorized to be 
     appropriated for the fiscal year to carry out this section is 
     appropriated; less
       ``(B) the maximum amount of the apportionment that may be 
     made available for projects for operating expenses under this 
     section.

[[Page S518]]

       ``(3) Financing costs.--
       ``(A) In general.--The cost of carrying out part of a 
     project includes the amount of interest earned and payable on 
     bonds issued by the recipient to the extent proceeds of the 
     bonds are expended in carrying out the part.
       ``(B) Limitation on the amount of interest.--The amount of 
     interest allowed under this paragraph may not be more than 
     the most favorable financing terms reasonably available for 
     the project at the time of borrowing.
       ``(C) Certification.--The applicant shall certify, in a 
     manner satisfactory to the Secretary, that the applicant has 
     shown reasonable diligence in seeking the most favorable 
     financing terms.
       ``(g) Reviews, Audits, and Evaluations.--
       ``(1) Annual review.--
       ``(A) In general.--At least annually, the Secretary shall 
     carry out, or require a recipient to have carried out 
     independently, reviews and audits the Secretary considers 
     appropriate to establish whether the recipient has carried 
     out--
       ``(i) the activities proposed under subsection (d) of this 
     section in a timely and effective way and can continue to do 
     so; and
       ``(ii) those activities and its certifications and has used 
     amounts of the Government in the way required by law.
       ``(B) Auditing procedures.--An audit of the use of amounts 
     of the Government shall comply with the auditing procedures 
     of the Comptroller General.
       ``(2) Triennial review.--At least once every 3 years, the 
     Secretary shall review and evaluate completely the 
     performance of a recipient in carrying out the recipient's 
     program, specifically referring to compliance with statutory 
     and administrative requirements and the extent to which 
     actual program activities are consistent with the activities 
     proposed under subsection (d) of this section and the 
     planning process required under sections 5303, 5304, and 5305 
     of this title. To the extent practicable, the Secretary shall 
     coordinate such reviews with any related State or local 
     reviews.
       ``(3) Actions resulting from review, audit, or 
     evaluation.--The Secretary may take appropriate action 
     consistent with a review, audit, and evaluation under this 
     subsection, including making an appropriate adjustment in the 
     amount of a grant or withdrawing the grant.
       ``(h) Treatment.--For purposes of this section, the United 
     States Virgin Islands shall be treated as an urbanized area, 
     as defined in section 5302.
       ``(i) Passenger Ferry Grant Program.--
       ``(1) In general.--The Secretary may make grants under this 
     subsection to recipients for passenger ferry projects that 
     are eligible for a grant under subsection (a).
       ``(2) Grant requirements.--Except as otherwise provided in 
     this subsection, a grant under this subsection shall be 
     subject to the same terms and conditions as a grant under 
     subsection (a).
       ``(3) Competitive process.--The Secretary shall solicit 
     grant applications and make grants for eligible projects on a 
     competitive basis.
       ``(4) Geographically constrained areas.--Of the amounts 
     made available to carry out this subsection, $10,000,000 
     shall be for capital grants relating to passenger ferries in 
     areas with limited or no access to public transportation as a 
     result of geographical constraints.''.

     SEC. 40009. CLEAN FUEL GRANT PROGRAM.

       Section 5308 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5308. Clean fuel grant program

       ``(a) Definitions.--In this section, the following 
     definitions shall apply:
       ``(1) Clean fuel bus.--The term `clean fuel bus' means a 
     bus that is a clean fuel vehicle.
       ``(2) Clean fuel vehicle.--The term `clean fuel vehicle' 
     means a passenger vehicle used to provide public 
     transportation that the Administrator of the Environmental 
     Protection Agency has certified sufficiently reduces energy 
     consumption or reduces harmful emissions, including direct 
     carbon emissions, when compared to a comparable standard 
     vehicle.
       ``(3) Direct carbon emissions.--The term `direct carbon 
     emissions' means the quantity of direct greenhouse gas 
     emissions from a vehicle, as determined by the Administrator 
     of the Environmental Protection Agency.
       ``(4) Eligible area.--The term `eligible area' means an 
     area that is--
       ``(A) designated as a nonattainment area for ozone or 
     carbon monoxide under section 107(d) of the Clean Air Act (42 
     U.S.C. 7407(d)); or
       ``(B) a maintenance area, as defined in section 5303, for 
     ozone or carbon monoxide.
       ``(5) Eligible project.--The term `eligible project' means 
     a project or program of projects in an eligible area for--
       ``(A) acquiring or leasing clean fuel vehicles;
       ``(B) constructing or leasing facilities and related 
     equipment for clean fuel vehicles;
       ``(C) constructing new public transportation facilities to 
     accommodate clean fuel vehicles; or
       ``(D) rehabilitating or improving existing public 
     transportation facilities to accommodate clean fuel vehicles.
       ``(6) Recipient.--The term `recipient' means--
       ``(A) for an eligible area that is an urbanized area with a 
     population of fewer than 200,000 individuals, as determined 
     by the Bureau of the Census, the State in which the eligible 
     area is located; and
       ``(B) for an eligible area not described in subparagraph 
     (A), the designated recipient for the eligible area.
       ``(b) Authority.--The Secretary may make grants to 
     recipients to finance eligible projects under this section.
       ``(c) Grant Requirements.--
       ``(1) In general.--A grant under this section shall be 
     subject to the requirements of section 5307.
       ``(2) Government share of costs for certain projects.--
     Section 5323(j) applies to projects carried out under this 
     section, unless the grant recipient requests a lower grant 
     percentage.
       ``(d) Minimum Amounts.--Of amounts made available by or 
     appropriated under section 5338(a)(2)(D) in each fiscal year 
     to carry out this section--
       ``(1) not less than 65 percent shall be made available to 
     fund eligible projects relating to clean fuel buses; and
       ``(2) not less than 10 percent shall be made available for 
     eligible projects relating to facilities and related 
     equipment for clean fuel buses.
       ``(e) Competitive Process.--The Secretary shall solicit 
     grant applications and make grants for eligible projects on a 
     competitive basis.
       ``(f) Availability of Funds.--Any amounts made available or 
     appropriated to carry out this section--
       ``(1) shall remain available to an eligible project for 2 
     years after the fiscal year for which the amount is made 
     available or appropriated; and
       ``(2) that remain unobligated at the end of the period 
     described in paragraph (1) shall be added to the amount made 
     available to an eligible project in the following fiscal 
     year.''.

     SEC. 40010. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.

       (a) In General.--Section 5309 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 5309. Fixed guideway capital investment grants

       ``(a) Definitions.--In this section, the following 
     definitions shall apply:
       ``(1) Applicant.--The term `applicant' means a State or 
     local governmental authority that applies for a grant under 
     this section.
       ``(2) Bus rapid transit project.--The term `bus rapid 
     transit project' means a single route bus capital project--
       ``(A) a majority of which operates in a separated right-of-
     way dedicated for public transportation use during peak 
     periods;
       ``(B) that represents a substantial investment in a single 
     route in a defined corridor or subarea; and
       ``(C) that includes features that emulate the services 
     provided by rail fixed guideway public transportation 
     systems, including--
       ``(i) defined stations;
       ``(ii) traffic signal priority for public transportation 
     vehicles;
       ``(iii) short headway bidirectional services for a 
     substantial part of weekdays and weekend days; and
       ``(iv) any other features the Secretary may determine are 
     necessary to produce high-quality public transportation 
     services that emulate the services provided by rail fixed 
     guideway public transportation systems.
       ``(3) Core capacity improvement project.--The term `core 
     capacity improvement project' means a substantial corridor-
     based capital investment in an existing fixed guideway system 
     that adds capacity and functionality.
       ``(4) New fixed guideway capital project.--The term `new 
     fixed guideway capital project' means--
       ``(A) a new fixed guideway project that is a minimum 
     operable segment or extension to an existing fixed guideway 
     system; or
       ``(B) a bus rapid transit project that is a minimum 
     operable segment or an extension to an existing bus rapid 
     transit system.
       ``(5) Program of interrelated projects.--The term `program 
     of interrelated projects' means the simultaneous development 
     of--
       ``(A) 2 or more new fixed guideway capital projects or core 
     capacity improvement projects; or
       ``(B) 1 or more new fixed guideway capital projects and 1 
     or more core capacity improvement projects.
       ``(b) General Authority.--The Secretary may make grants 
     under this section to State and local governmental 
     authorities to assist in financing--
       ``(1) new fixed guideway capital projects, including the 
     acquisition of real property, the initial acquisition of 
     rolling stock for the system, the acquisition of rights-of-
     way, and relocation, for fixed guideway corridor development 
     for projects in the advanced stages of project development or 
     engineering; and
       ``(2) core capacity improvement projects, including the 
     acquisition of real property, the acquisition of rights-of-
     way, double tracking, signalization improvements, 
     electrification, expanding system platforms, acquisition of 
     rolling stock, construction of infill stations, and such 
     other capacity improvement projects as the Secretary 
     determines are appropriate.
       ``(c) Grant Requirements.--
       ``(1) In general.--The Secretary may make a grant under 
     this section for new fixed guideway capital projects or core 
     capacity improvement projects, if the Secretary determines 
     that--

[[Page S519]]

       ``(A) the project is part of an approved transportation 
     plan required under sections 5303 and 5304; and
       ``(B) the applicant has, or will have--
       ``(i) the legal, financial, and technical capacity to carry 
     out the project, including the safety and security aspects of 
     the project;
       ``(ii) satisfactory continuing control over the use of the 
     equipment or facilities; and
       ``(iii) the technical and financial capacity to maintain 
     new and existing equipment and facilities.
       ``(2) Certification.--An applicant that has submitted the 
     certifications required under subparagraphs (A), (B), (C), 
     and (H) of section 5307(d)(1) shall be deemed to have 
     provided sufficient information upon which the Secretary may 
     make the determinations required under this subsection.
       ``(3) Technical capacity.--The Secretary shall use an 
     expedited technical capacity review process for applicants 
     that have recently and successfully completed at least 1 new 
     bus rapid transit project, new fixed guideway capital 
     project, or core capacity improvement project, if--
       ``(A) the applicant achieved budget, cost, and ridership 
     outcomes for the project that are consistent with or better 
     than projections; and
       ``(B) the applicant demonstrates that the applicant 
     continues to have the staff expertise and other resources 
     necessary to implement a new project.
       ``(4) Recipient requirements.--A recipient of a grant 
     awarded under this section shall be subject to all terms, 
     conditions, requirements, and provisions that the Secretary 
     determines to be necessary or appropriate for purposes of 
     this section.
       ``(d) New Fixed Guideway Grants.--
       ``(1) Project development phase.--
       ``(A) Entrance into project development phase.--A new fixed 
     guideway capital project shall enter into the project 
     development phase when--
       ``(i) the applicant--

       ``(I) submits a letter to the Secretary describing the 
     project and requesting entry into the project development 
     phase; and
       ``(II) initiates activities required to be carried out 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) with respect to the project; and

       ``(ii) the Secretary responds in writing to the applicant 
     within 45 days whether the information provided is sufficient 
     to enter into the project development phase, including, when 
     necessary, a detailed description of any information deemed 
     insufficient.
       ``(B) Activities during project development phase.--
     Concurrent with the analysis required to be made under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), each applicant shall develop sufficient information to 
     enable the Secretary to make findings of project 
     justification, policies and land use patterns that promote 
     public transportation, and local financial commitment under 
     this subsection.
       ``(C) Completion of project development activities 
     required.--
       ``(i) In general.--Not later than 2 years after the date on 
     which a project enters into the project development phase, 
     the applicant shall complete the activities required to 
     obtain a project rating under subsection (g)(2) and submit 
     completed documentation to the Secretary.
       ``(ii) Extension of time.--Upon the request of an 
     applicant, the Secretary may extend the time period under 
     clause (i), if the applicant submits to the Secretary--

       ``(I) a reasonable plan for completing the activities 
     required under this paragraph; and
       ``(II) an estimated time period within which the applicant 
     will complete such activities.

       ``(2) Engineering phase.--
       ``(A) In general.--A new fixed guideway capital project may 
     advance to the engineering phase upon completion of 
     activities required under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.), as demonstrated by a 
     record of decision with respect to the project, a finding 
     that the project has no significant impact, or a 
     determination that the project is categorically excluded, 
     only if the Secretary determines that the project--
       ``(i) is selected as the locally preferred alternative at 
     the completion of the process required under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
       ``(ii) is adopted into the metropolitan transportation plan 
     required under section 5303;
       ``(iii) is justified based on a comprehensive review of the 
     project's mobility improvements, environmental benefits, and 
     cost-effectiveness, as measured by cost per rider;
       ``(iv) is supported by policies and land use patterns that 
     promote public transportation, including plans for future 
     land use and rezoning, and economic development around public 
     transportation stations; and
       ``(v) is supported by an acceptable degree of local 
     financial commitment (including evidence of stable and 
     dependable financing sources), as required under subsection 
     (f).
       ``(B) Determination that project is justified.--In making a 
     determination under subparagraph (A)(iii), the Secretary 
     shall evaluate, analyze, and consider--
       ``(i) the reliability of the forecasting methods used to 
     estimate costs and utilization made by the recipient and the 
     contractors to the recipient; and
       ``(ii) population density and current public transportation 
     ridership in the transportation corridor.
       ``(e) Core Capacity Improvement Projects.--
       ``(1) Project development phase.--
       ``(A) Entrance into project development phase.--A core 
     capacity improvement project shall be deemed to have entered 
     into the project development phase if--
       ``(i) the applicant--

       ``(I) submits a letter to the Secretary describing the 
     project and requesting entry into the project development 
     phase; and
       ``(II) initiates activities required to be carried out 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) with respect to the project; and

       ``(ii) the Secretary responds in writing to the applicant 
     within 45 days whether the information provided is sufficient 
     to enter into the project development phase, including when 
     necessary a detailed description of any information deemed 
     insufficient.
       ``(B) Activities during project development phase.--
     Concurrent with the analysis required to be made under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), each applicant shall develop sufficient information to 
     enable the Secretary to make findings of project 
     justification and local financial commitment under this 
     subsection.
       ``(C) Completion of project development activities 
     required.--
       ``(i) In general.--Not later than 2 years after the date on 
     which a project enters into the project development phase, 
     the applicant shall complete the activities required to 
     obtain a project rating under subsection (g)(2) and submit 
     completed documentation to the Secretary.
       ``(ii) Extension of time.--Upon the request of an 
     applicant, the Secretary may extend the time period under 
     clause (i), if the applicant submits to the Secretary--

       ``(I) a reasonable plan for completing the activities 
     required under this paragraph; and
       ``(II) an estimated time period within which the applicant 
     will complete such activities.

       ``(2) Engineering phase.--
       ``(A) In general.--A core capacity improvement project may 
     advance into the engineering phase upon completion of 
     activities required under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.), as demonstrated by a 
     record of decision with respect to the project, a finding 
     that the project has no significant impact, or a 
     determination that the project is categorically excluded, 
     only if the Secretary determines that the project--
       ``(i) is selected as the locally preferred alternative at 
     the completion of the process required under the National 
     Environmental Policy Act of 1969;
       ``(ii) is adopted into the metropolitan transportation plan 
     required under section 5303;
       ``(iii) is in a corridor that is--

       ``(I) at or over capacity; or
       ``(II) projected to be at or over capacity within the next 
     5 years;

       ``(iv) is justified based on a comprehensive review of the 
     project's mobility improvements, environmental benefits, and 
     cost-effectiveness, as measured by cost per rider; and
       ``(v) is supported by an acceptable degree of local 
     financial commitment (including evidence of stable and 
     dependable financing sources), as required under subsection 
     (f).
       ``(B) Determination that project is justified.--In making a 
     determination under subparagraph (A)(iv), the Secretary shall 
     evaluate, analyze, and consider--
       ``(i) the reliability of the forecasting methods used to 
     estimate costs and utilization made by the recipient and the 
     contractors to the recipient;
       ``(ii) whether the project will adequately address the 
     capacity concerns in a corridor;
       ``(iii) whether the project will improve interconnectivity 
     among existing systems; and
       ``(iv) whether the project will improve environmental 
     outcomes.
       ``(f) Financing Sources.--
       ``(1) Requirements.--In determining whether a project is 
     supported by an acceptable degree of local financial 
     commitment and shows evidence of stable and dependable 
     financing sources for purposes of subsection (d)(2)(A)(v) or 
     (e)(2)(A)(v), the Secretary shall require that--
       ``(A) the proposed project plan provides for the 
     availability of contingency amounts that the Secretary 
     determines to be reasonable to cover unanticipated cost 
     increases or funding shortfalls;
       ``(B) each proposed local source of capital and operating 
     financing is stable, reliable, and available within the 
     proposed project timetable; and
       ``(C) local resources are available to recapitalize, 
     maintain, and operate the overall existing and proposed 
     public transportation system, including essential feeder bus 
     and other services necessary to achieve the projected 
     ridership levels without requiring a reduction in existing 
     public transportation services or level of service to operate 
     the project.
       ``(2) Considerations.--In assessing the stability, 
     reliability, and availability of proposed sources of local 
     financing for purposes of subsection (d)(2)(A)(v) or 
     (e)(2)(A)(v), the Secretary shall consider--
       ``(A) the reliability of the forecasting methods used to 
     estimate costs and revenues made by the recipient and the 
     contractors to the recipient;
       ``(B) existing grant commitments;
       ``(C) the degree to which financing sources are dedicated 
     to the proposed purposes;

[[Page S520]]

       ``(D) any debt obligation that exists, or is proposed by 
     the recipient, for the proposed project or other public 
     transportation purpose; and
       ``(E) the extent to which the project has a local financial 
     commitment that exceeds the required non-Government share of 
     the cost of the project.
       ``(g) Project Advancement and Ratings.--
       ``(1) Project advancement.--A new fixed guideway capital 
     project or core capacity improvement project proposed to be 
     carried out using a grant under this section may not advance 
     from the project development phase to the engineering phase, 
     or from the engineering phase to the construction phase, 
     unless the Secretary determines that--
       ``(A) the project meets the applicable requirements under 
     this section; and
       ``(B) there is a reasonable likelihood that the project 
     will continue to meet the requirements under this section.
       ``(2) Ratings.--
       ``(A) Overall rating.--In making a determination under 
     paragraph (1), the Secretary shall evaluate and rate a 
     project as a whole on a 5-point scale (high, medium-high, 
     medium, medium-low, or low) based on--
       ``(i) in the case of a new fixed guideway capital project, 
     the project justification criteria under subsection 
     (d)(2)(A)(iii), the policies and land use patterns that 
     support public transportation, and the degree of local 
     financial commitment; and
       ``(ii) in the case of a core capacity improvement project, 
     the capacity needs of the corridor, the project justification 
     criteria under subsection (e)(2)(A)(iv), and the degree of 
     local financial commitment.
       ``(B) Individual ratings for each criterion.--In rating a 
     project under this paragraph, the Secretary shall--
       ``(i) provide, in addition to the overall project rating 
     under subparagraph (A), individual ratings for each of the 
     criteria established under subsection (d)(2)(A)(iii) or 
     (e)(2)(A)(iv), as applicable; and
       ``(ii) give comparable, but not necessarily equal, 
     numerical weight to each of the criteria established under 
     subsections (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable, 
     in calculating the overall project rating under clause (i).
       ``(C) Medium rating not required.--The Secretary shall not 
     require that any single project justification criterion meet 
     or exceed a `medium' rating in order to advance the project 
     from one phase to another.
       ``(3) Warrants.--The Secretary shall, to the maximum extent 
     practicable, develop and use special warrants for making a 
     project justification determination under subsection (d)(2) 
     or (e)(2), as applicable, for a project proposed to be funded 
     using a grant under this section, if--
       ``(A) the share of the cost of the project to be provided 
     under this section does not exceed--
       ``(i) $100,000,000; or
       ``(ii) 50 percent of the total cost of the project;
       ``(B) the applicant requests the use of the warrants;
       ``(C) the applicant certifies that its existing public 
     transportation system is in a state of good repair; and
       ``(D) the applicant meets any other requirements that the 
     Secretary considers appropriate to carry out this subsection.
       ``(4) Letters of intent and early systems work 
     agreements.--In order to expedite a project under this 
     subsection, the Secretary shall, to the maximum extent 
     practicable, issue letters of intent and enter into early 
     systems work agreements upon issuance of a record of decision 
     for projects that receive an overall project rating of medium 
     or better.
       ``(5) Policy guidance.--The Secretary shall issue policy 
     guidance regarding the review and evaluation process and 
     criteria--
       ``(A) not later than 180 days after the date of enactment 
     of the Federal Public Transportation Act of 2012; and
       ``(B) each time the Secretary makes significant changes to 
     the process and criteria, but not less frequently than once 
     every 2 years.
       ``(6) Rules.--Not later than 1 year after the date of 
     enactment of the Federal Public Transportation Act of 2012, 
     the Secretary shall issue rules establishing an evaluation 
     and rating process for--
       ``(A) new fixed guideway capital projects that is based on 
     the results of project justification, policies and land use 
     patterns that promote public transportation, and local 
     financial commitment, as required under this subsection; and
       ``(B) core capacity improvement projects that is based on 
     the results of the capacity needs of the corridor, project 
     justification, and local financial commitment.
       ``(7) Applicability.--This subsection shall not apply to a 
     project for which the Secretary issued a letter of intent, 
     entered into a full funding grant agreement, or entered into 
     a project construction agreement before the date of enactment 
     of the Federal Public Transportation Act of 2012.
       ``(h) Programs of Interrelated Projects.--
       ``(1) Project development phase.--A federally funded 
     project in a program of interrelated projects shall advance 
     through project development as provided in subsection (d) or 
     (e), as applicable.
       ``(2) Engineering phase.--A federally funded project in a 
     program of interrelated projects may advance into the 
     engineering phase upon completion of activities required 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), as demonstrated by a record of decision 
     with respect to the project, a finding that the project has 
     no significant impact, or a determination that the project is 
     categorically excluded, only if the Secretary determines 
     that--
       ``(A) the project is selected as the locally preferred 
     alternative at the completion of the process required under 
     the National Environmental Policy Act of 1969;
       ``(B) the project is adopted into the metropolitan 
     transportation plan required under section 5303;
       ``(C) the program of interrelated projects involves 
     projects that have a logical connectivity to one another;
       ``(D) the program of interrelated projects, when evaluated 
     as a whole, meets the requirements of subsection (d)(2) or 
     (e)(2), as applicable;
       ``(E) the program of interrelated projects is supported by 
     a program implementation plan demonstrating that construction 
     will begin on each of the projects in the program of 
     interrelated projects within a reasonable time frame; and
       ``(F) the program of interrelated projects is supported by 
     an acceptable degree of local financial commitment, as 
     described in subsection (f).
       ``(3) Project advancement and ratings.--
       ``(A) Project advancement.--A project receiving a grant 
     under this section that is part of a program of interrelated 
     projects may not advance from the project development phase 
     to the engineering phase, or from the engineering phase to 
     the construction phase, unless the Secretary determines that 
     the program of interrelated projects meets the applicable 
     requirements of this section and there is a reasonable 
     likelihood that the program will continue to meet such 
     requirements.
       ``(B) Ratings.--
       ``(i) Overall rating.--In making a determination under 
     subparagraph (A), the Secretary shall evaluate and rate a 
     program of interrelated projects on a 5-point scale (high, 
     medium-high, medium, medium-low, or low) based on the 
     criteria described in paragraph (2).
       ``(ii) Individual rating for each criterion.--In rating a 
     program of interrelated projects, the Secretary shall 
     provide, in addition to the overall program rating, 
     individual ratings for each of the criteria described in 
     paragraph (2) and shall give comparable, but not necessarily 
     equal, numerical weight to each such criterion in calculating 
     the overall program rating.
       ``(iii) Medium rating not required.--The Secretary shall 
     not require that any single criterion described in paragraph 
     (2) meet or exceed a `medium' rating in order to advance the 
     program of interrelated projects from one phase to another.
       ``(4) Annual review.--
       ``(A) Review required.--The Secretary shall annually review 
     the program implementation plan required under paragraph 
     (2)(E) to determine whether the program of interrelated 
     projects is adhering to its schedule.
       ``(B) Extension of time.--If a program of interrelated 
     projects is not adhering to its schedule, the Secretary may, 
     upon the request of the applicant, grant an extension of time 
     if the applicant submits a reasonable plan that includes--
       ``(i) evidence of continued adequate funding; and
       ``(ii) an estimated time frame for completing the program 
     of interrelated projects.
       ``(C) Satisfactory progress required.--If the Secretary 
     determines that a program of interrelated projects is not 
     making satisfactory progress, no Federal funds shall be 
     provided for a project within the program of interrelated 
     projects.
       ``(5) Failure to carry out program of interrelated 
     projects.--
       ``(A) Repayment required.--If an applicant does not carry 
     out the program of interrelated projects within a reasonable 
     time, for reasons within the control of the applicant, the 
     applicant shall repay all Federal funds provided for the 
     program, and any reasonable interest and penalty charges that 
     the Secretary may establish.
       ``(B) Crediting of funds received.--Any funds received by 
     the Government under this paragraph, other than interest and 
     penalty charges, shall be credited to the appropriation 
     account from which the funds were originally derived.
       ``(6) Non-federal funds.--Any non-Federal funds committed 
     to a project in a program of interrelated projects may be 
     used to meet a non-Government share requirement for any other 
     project in the program of interrelated projects, if the 
     Government share of the cost of each project within the 
     program of interrelated projects does not exceed 80 percent.
       ``(7) Priority.--In making grants under this section, the 
     Secretary may give priority to programs of interrelated 
     projects for which the non-Government share of the cost of 
     the projects included in the programs of interrelated 
     projects exceeds the non-Government share required under 
     subsection (k).
       ``(8) Non-government projects.--Including a project not 
     financed by the Government in a program of interrelated 
     projects does not impose Government requirements that would 
     not otherwise apply to the project.
       ``(i) Previously Issued Letter of Intent or Full Funding 
     Grant Agreement.--Subsections (d) and (e) shall not apply to 
     projects for which the Secretary has issued a letter of 
     intent, entered into a full funding

[[Page S521]]

     grant agreement, or entered into a project construction grant 
     agreement before the date of enactment of the Federal Public 
     Transportation Act of 2012.
       ``(j) Letters of Intent, Full Funding Grant Agreements, and 
     Early Systems Work Agreements.--
       ``(1) Letters of intent.--
       ``(A) Amounts intended to be obligated.--The Secretary may 
     issue a letter of intent to an applicant announcing an 
     intention to obligate, for a new fixed guideway capital 
     project or core capacity improvement project, an amount from 
     future available budget authority specified in law that is 
     not more than the amount stipulated as the financial 
     participation of the Secretary in the project. When a letter 
     is issued for a capital project under this section, the 
     amount shall be sufficient to complete at least an operable 
     segment.
       ``(B) Treatment.--The issuance of a letter under 
     subparagraph (A) is deemed not to be an obligation under 
     sections 1108(c), 1501, and 1502(a) of title 31, United 
     States Code, or an administrative commitment.
       ``(2) Full funding grant agreements.--
       ``(A) In general.--A new fixed guideway capital project or 
     core capacity improvement project shall be carried out 
     through a full funding grant agreement.
       ``(B) Criteria.--The Secretary shall enter into a full 
     funding grant agreement, based on the evaluations and ratings 
     required under subsection (d), (e), or (h), as applicable, 
     with each grantee receiving assistance for a new fixed 
     guideway capital project or core capacity improvement project 
     that has been rated as high, medium-high, or medium, in 
     accordance with subsection (g)(2)(A) or (h)(3)(B), as 
     applicable.
       ``(C) Terms.--A full funding grant agreement shall--
       ``(i) establish the terms of participation by the 
     Government in a new fixed guideway capital project or core 
     capacity improvement project;
       ``(ii) establish the maximum amount of Federal financial 
     assistance for the project;
       ``(iii) include the period of time for completing the 
     project, even if that period extends beyond the period of an 
     authorization; and
       ``(iv) make timely and efficient management of the project 
     easier according to the law of the United States.
       ``(D) Special financial rules.--
       ``(i) In general.--A full funding grant agreement under 
     this paragraph obligates an amount of available budget 
     authority specified in law and may include a commitment, 
     contingent on amounts to be specified in law in advance for 
     commitments under this paragraph, to obligate an additional 
     amount from future available budget authority specified in 
     law.
       ``(ii) Statement of contingent commitment.--The agreement 
     shall state that the contingent commitment is not an 
     obligation of the Government.
       ``(iii) Interest and other financing costs.--Interest and 
     other financing costs of efficiently carrying out a part of 
     the project within a reasonable time are a cost of carrying 
     out the project under a full funding grant agreement, except 
     that eligible costs may not be more than the cost of the most 
     favorable financing terms reasonably available for the 
     project at the time of borrowing. The applicant shall 
     certify, in a way satisfactory to the Secretary, that the 
     applicant has shown reasonable diligence in seeking the most 
     favorable financing terms.
       ``(iv) Completion of operable segment.--The amount 
     stipulated in an agreement under this paragraph for a new 
     fixed guideway capital project shall be sufficient to 
     complete at least an operable segment.
       ``(E) Before and after study.--
       ``(i) In general.--A full funding grant agreement under 
     this paragraph shall require the applicant to conduct a study 
     that--

       ``(I) describes and analyzes the impacts of the new fixed 
     guideway capital project or core capacity improvement project 
     on public transportation services and public transportation 
     ridership;
       ``(II) evaluates the consistency of predicted and actual 
     project characteristics and performance; and
       ``(III) identifies reasons for differences between 
     predicted and actual outcomes.

       ``(ii) Information collection and analysis plan.--

       ``(I) Submission of plan.--Applicants seeking a full 
     funding grant agreement under this paragraph shall submit a 
     complete plan for the collection and analysis of information 
     to identify the impacts of the new fixed guideway capital 
     project or core capacity improvement project and the accuracy 
     of the forecasts prepared during the development of the 
     project. Preparation of this plan shall be included in the 
     full funding grant agreement as an eligible activity.
       ``(II) Contents of plan.--The plan submitted under 
     subclause (I) shall provide for--

       ``(aa) collection of data on the current public 
     transportation system regarding public transportation service 
     levels and ridership patterns, including origins and 
     destinations, access modes, trip purposes, and rider 
     characteristics;
       ``(bb) documentation of the predicted scope, service 
     levels, capital costs, operating costs, and ridership of the 
     project;
       ``(cc) collection of data on the public transportation 
     system 2 years after the opening of a new fixed guideway 
     capital project or core capacity improvement project, 
     including analogous information on public transportation 
     service levels and ridership patterns and information on the 
     as-built scope, capital, and financing costs of the project; 
     and
       ``(dd) analysis of the consistency of predicted project 
     characteristics with actual outcomes.
       ``(F) Collection of data on current system.--To be eligible 
     for a full funding grant agreement under this paragraph, 
     recipients shall have collected data on the current system, 
     according to the plan required under subparagraph (E)(ii), 
     before the beginning of construction of the proposed new 
     fixed guideway capital project or core capacity improvement 
     project. Collection of this data shall be included in the 
     full funding grant agreement as an eligible activity.
       ``(3) Early systems work agreements.--
       ``(A) Conditions.--The Secretary may enter into an early 
     systems work agreement with an applicant if a record of 
     decision under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) has been issued on the project and 
     the Secretary finds there is reason to believe--
       ``(i) a full funding grant agreement for the project will 
     be made; and
       ``(ii) the terms of the work agreement will promote 
     ultimate completion of the project more rapidly and at less 
     cost.
       ``(B) Contents.--
       ``(i) In general.--An early systems work agreement under 
     this paragraph obligates budget authority available under 
     this chapter and title 23 and shall provide for reimbursement 
     of preliminary costs of carrying out the project, including 
     land acquisition, timely procurement of system elements for 
     which specifications are decided, and other activities the 
     Secretary decides are appropriate to make efficient, long-
     term project management easier.
       ``(ii) Contingent commitment.--An early systems work 
     agreement may include a commitment, contingent on amounts to 
     be specified in law in advance for commitments under this 
     paragraph, to obligate an additional amount from future 
     available budget authority specified in law.
       ``(iii) Period covered.--An early systems work agreement 
     under this paragraph shall cover the period of time the 
     Secretary considers appropriate. The period may extend beyond 
     the period of current authorization.
       ``(iv) Interest and other financing costs.--Interest and 
     other financing costs of efficiently carrying out the early 
     systems work agreement within a reasonable time are a cost of 
     carrying out the agreement, except that eligible costs may 
     not be more than the cost of the most favorable financing 
     terms reasonably available for the project at the time of 
     borrowing. The applicant shall certify, in a way satisfactory 
     to the Secretary, that the applicant has shown reasonable 
     diligence in seeking the most favorable financing terms.
       ``(v) Failure to carry out project.--If an applicant does 
     not carry out the project for reasons within the control of 
     the applicant, the applicant shall repay all Federal grant 
     funds awarded for the project from all Federal funding 
     sources, for all project activities, facilities, and 
     equipment, plus reasonable interest and penalty charges 
     allowable by law or established by the Secretary in the early 
     systems work agreement.
       ``(vi) Crediting of funds received.--Any funds received by 
     the Government under this paragraph, other than interest and 
     penalty charges, shall be credited to the appropriation 
     account from which the funds were originally derived.
       ``(4) Limitation on amounts.--
       ``(A) In general.--The Secretary may enter into full 
     funding grant agreements under this subsection for new fixed 
     guideway capital projects and core capacity improvement 
     projects that contain contingent commitments to incur 
     obligations in such amounts as the Secretary determines are 
     appropriate.
       ``(B) Appropriation required.--An obligation may be made 
     under this subsection only when amounts are appropriated for 
     the obligation.
       ``(5) Notification to congress.--At least 30 days before 
     issuing a letter of intent, entering into a full funding 
     grant agreement, or entering into an early systems work 
     agreement under this section, the Secretary shall notify, in 
     writing, the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Appropriations of the Senate and the 
     Committee on Transportation and Infrastructure and the 
     Committee on Appropriations of the House of Representatives 
     of the proposed letter or agreement. The Secretary shall 
     include with the notification a copy of the proposed letter 
     or agreement as well as the evaluations and ratings for the 
     project.
       ``(k) Government Share of Net Capital Project Cost.--
       ``(1) In general.--Based on engineering studies, studies of 
     economic feasibility, and information on the expected use of 
     equipment or facilities, the Secretary shall estimate the net 
     capital project cost. A grant for the project shall not 
     exceed 80 percent of the net capital project cost.
       ``(2) Adjustment for completion under budget.--The 
     Secretary may adjust the final net capital project cost of a 
     new fixed guideway capital project or core capacity 
     improvement project evaluated under subsection (d), (e), or 
     (h) to include the cost of eligible activities not included 
     in the originally defined project if the Secretary determines 
     that the originally defined project has been completed at a 
     cost that is significantly below the original estimate.

[[Page S522]]

       ``(3) Maximum government share.--The Secretary may provide 
     a higher grant percentage than requested by the grant 
     recipient if--
       ``(A) the Secretary determines that the net capital project 
     cost of the project is not more than 10 percent higher than 
     the net capital project cost estimated at the time the 
     project was approved for advancement into the engineering 
     phase; and
       ``(B) the ridership estimated for the project is not less 
     than 90 percent of the ridership estimated for the project at 
     the time the project was approved for advancement into the 
     engineering phase.
       ``(4) Remainder of net capital project cost.--The remainder 
     of the net capital project cost shall be provided from an 
     undistributed cash surplus, a replacement or depreciation 
     cash fund or reserve, or new capital.
       ``(5) Limitation on statutory construction.--Nothing in 
     this section shall be construed as authorizing the Secretary 
     to require a non-Federal financial commitment for a project 
     that is more than 20 percent of the net capital project cost.
       ``(6) Special rule for rolling stock costs.--In addition to 
     amounts allowed pursuant to paragraph (1), a planned 
     extension to a fixed guideway system may include the cost of 
     rolling stock previously purchased if the applicant satisfies 
     the Secretary that only amounts other than amounts provided 
     by the Government were used and that the purchase was made 
     for use on the extension. A refund or reduction of the 
     remainder may be made only if a refund of a proportional 
     amount of the grant of the Government is made at the same 
     time.
       ``(7) Limitation on applicability.--This subsection shall 
     not apply to projects for which the Secretary entered into a 
     full funding grant agreement before the date of enactment of 
     the Federal Public Transportation Act of 2012.
       ``(l) Undertaking Projects in Advance.--
       ``(1) In general.--The Secretary may pay the Government 
     share of the net capital project cost to a State or local 
     governmental authority that carries out any part of a project 
     described in this section without the aid of amounts of the 
     Government and according to all applicable procedures and 
     requirements if--
       ``(A) the State or local governmental authority applies for 
     the payment;
       ``(B) the Secretary approves the payment; and
       ``(C) before the State or local governmental authority 
     carries out the part of the project, the Secretary approves 
     the plans and specifications for the part in the same way as 
     other projects under this section.
       ``(2) Financing costs.--
       ``(A) In general.--The cost of carrying out part of a 
     project includes the amount of interest earned and payable on 
     bonds issued by the State or local governmental authority to 
     the extent proceeds of the bonds are expended in carrying out 
     the part.
       ``(B) Limitation on amount of interest.--The amount of 
     interest under this paragraph may not be more than the most 
     favorable interest terms reasonably available for the project 
     at the time of borrowing.
       ``(C) Certification.--The applicant shall certify, in a 
     manner satisfactory to the Secretary, that the applicant has 
     shown reasonable diligence in seeking the most favorable 
     financing terms.
       ``(m) Availability of Amounts.--
       ``(1) In general.--An amount made available or appropriated 
     for a new fixed guideway capital project or core capacity 
     improvement project shall remain available to that project 
     for 5 fiscal years, including the fiscal year in which the 
     amount is made available or appropriated. Any amounts that 
     are unobligated to the project at the end of the 5-fiscal-
     year period may be used by the Secretary for any purpose 
     under this section.
       ``(2) Use of deobligated amounts.--An amount available 
     under this section that is deobligated may be used for any 
     purpose under this section.
       ``(n) Reports on New Fixed Guideway and Core Capacity 
     Improvement Projects.--
       ``(1) Annual report on funding recommendations.--Not later 
     than the first Monday in February of each year, the Secretary 
     shall submit to the Committee on Banking, Housing, and Urban 
     Affairs and the Committee on Appropriations of the Senate and 
     the Committee on Transportation and Infrastructure and the 
     Committee on Appropriations of the House of Representatives a 
     report that includes--
       ``(A) a proposal of allocations of amounts to be available 
     to finance grants for projects under this section among 
     applicants for these amounts;
       ``(B) evaluations and ratings, as required under 
     subsections (d), (e), and (h), for each such project that is 
     in project development, engineering, or has received a full 
     funding grant agreement; and
       ``(C) recommendations of such projects for funding based on 
     the evaluations and ratings and on existing commitments and 
     anticipated funding levels for the next 3 fiscal years based 
     on information currently available to the Secretary.
       ``(2) Reports on before and after studies.--Not later than 
     the first Monday in August of each year, the Secretary shall 
     submit to the committees described in paragraph (1) a report 
     containing a summary of the results of any studies conducted 
     under subsection (j)(2)(E).
       ``(3) Annual gao review.--The Comptroller General of the 
     United States shall--
       ``(A) conduct an annual review of--
       ``(i) the processes and procedures for evaluating, rating, 
     and recommending new fixed guideway capital projects and core 
     capacity improvement projects; and
       ``(ii) the Secretary's implementation of such processes and 
     procedures; and
       ``(B) report to Congress on the results of such review by 
     May 31 of each year.''.
       (b) Pilot Program for Expedited Project Delivery.--
       (1) Definitions.--In this subsection the following 
     definitions shall apply:
       (A) Eligible project.--The term ``eligible project'' means 
     a new fixed guideway capital project or a core capacity 
     improvement project, as those terms are defined in section 
     5309 of title 49, United States Code, as amended by this 
     section, that has not entered into a full funding grant 
     agreement with the Federal Transit Administration before the 
     date of enactment of the Federal Public Transportation Act of 
     2012.
       (B) Program.--The term ``program'' means the pilot program 
     for expedited project delivery established under this 
     subsection.
       (C) Recipient.--The term ``recipient'' means a recipient of 
     funding under chapter 53 of title 49, United States Code.
       (D) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (2) Establishment.--The Secretary shall establish and 
     implement a pilot program to demonstrate whether innovative 
     project development and delivery methods or innovative 
     financing arrangements can expedite project delivery for 
     certain meritorious new fixed guideway capital projects and 
     core capacity improvement projects.
       (3) Limitation on number of projects.--The Secretary shall 
     select 3 eligible projects to participate in the program, of 
     which--
       (A) at least 1 shall be an eligible project requesting more 
     than $100,000,000 in Federal financial assistance under 
     section 5309 of title 49, United States Code; and
       (B) at least 1 shall be an eligible project requesting less 
     than $100,000,000 in Federal financial assistance under 
     section 5309 of title 49, United States Code.
       (4) Government share.--The Government share of the total 
     cost of an eligible project that participates in the program 
     may not exceed 50 percent.
       (5) Eligibility.--A recipient that desires to participate 
     in the program shall submit to the Secretary an application 
     that contains, at a minimum--
       (A) identification of an eligible project;
       (B) a schedule and finance plan for the construction and 
     operation of the eligible project;
       (C) an analysis of the efficiencies of the proposed project 
     development and delivery methods or innovative financing 
     arrangement for the eligible project; and
       (D) a certification that the recipient's existing public 
     transportation system is in a state of good repair.
       (6) Selection criteria.--The Secretary may award a full 
     funding grant agreement under this subsection if the 
     Secretary determines that--
       (A) the recipient has completed planning and the activities 
     required under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.); and
       (B) the recipient has the necessary legal, financial, and 
     technical capacity to carry out the eligible project.
       (7) Before and after study and report.--
       (A) Study required.--A full funding grant agreement under 
     this paragraph shall require a recipient to conduct a study 
     that--
       (i) describes and analyzes the impacts of the eligible 
     project on public transportation services and public 
     transportation ridership;
       (ii) describes and analyzes the consistency of predicted 
     and actual benefits and costs of the innovative project 
     development and delivery methods or innovative financing for 
     the eligible project; and
       (iii) identifies reasons for any differences between 
     predicted and actual outcomes for the eligible project.
       (B) Submission of report.--Not later than 9 months after an 
     eligible project selected to participate in the program 
     begins revenue operations, the recipient shall submit to the 
     Secretary a report on the results of the study under 
     subparagraph (A).

     SEC. 40011. FORMULA GRANTS FOR THE ENHANCED MOBILITY OF 
                   SENIORS AND INDIVIDUALS WITH DISABILITIES.

       Section 5310 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5310. Formula grants for the enhanced mobility of 
       seniors and individuals with disabilities

       ``(a) Definitions.--In this section, the following 
     definitions shall apply:
       ``(1) Recipient.--The term `recipient' means a designated 
     recipient or a State that receives a grant under this section 
     directly.
       ``(2) Subrecipient.--The term `subrecipient' means a State 
     or local governmental authority, nonprofit organization, or 
     operator of public transportation that receives a grant under 
     this section indirectly through a recipient.
       ``(b) General Authority.--
       ``(1) Grants.--The Secretary may make grants under this 
     section to recipients for--
       ``(A) public transportation capital projects planned, 
     designed, and carried out to meet the special needs of 
     seniors and individuals with disabilities when public 
     transportation is insufficient, inappropriate, or 
     unavailable;
       ``(B) public transportation projects that exceed the 
     requirements of the Americans with Disabilities Act of 1990 
     (42 U.S.C. 12101 et seq.);

[[Page S523]]

       ``(C) public transportation projects that improve access to 
     fixed route service and decrease reliance by individuals with 
     disabilities on complementary paratransit; and
       ``(D) alternatives to public transportation that assist 
     seniors and individuals with disabilities with 
     transportation.
       ``(2) Limitations for capital projects.--
       ``(A) Amount available.--The amount available for capital 
     projects under paragraph (1)(A) shall be not less than 55 
     percent of the funds apportioned to the recipient under this 
     section.
       ``(B) Allocation to subrecipients.--A recipient of a grant 
     under paragraph (1)(A) may allocate the amounts provided 
     under the grant to--
       ``(i) a nonprofit organization; or
       ``(ii) a State or local governmental authority that--

       ``(I) is approved by a State to coordinate services for 
     seniors and individuals with disabilities; or
       ``(II) certifies that there are no nonprofit organizations 
     readily available in the area to provide the services 
     described in paragraph (1)(A).

       ``(3) Administrative expenses.--
       ``(A) In general.--A recipient may use not more than 10 
     percent of the amounts apportioned to the recipient under 
     this section to administer, plan, and provide technical 
     assistance for a project funded under this section.
       ``(B) Government share of costs.--The Government share of 
     the costs of administering a program carried out using funds 
     under this section shall be 100 percent.
       ``(4) Eligible capital expenses.--The acquisition of public 
     transportation services is an eligible capital expense under 
     this section.
       ``(5) Coordination.--
       ``(A) Department of transportation.--To the maximum extent 
     feasible, the Secretary shall coordinate activities under 
     this section with related activities under other Federal 
     departments and agencies.
       ``(B) Other federal agencies and nonprofit organizations.--
     A State or local governmental authority or nonprofit 
     organization that receives assistance from Government sources 
     (other than the Department of Transportation) for 
     nonemergency transportation services shall--
       ``(i) participate and coordinate with recipients of 
     assistance under this chapter in the design and delivery of 
     transportation services; and
       ``(ii) participate in the planning for the transportation 
     services described in clause (i).
       ``(6) Program of projects.--
       ``(A) In general.--Amounts made available to carry out this 
     section may be used for transportation projects to assist in 
     providing transportation services for seniors and individuals 
     with disabilities, if such transportation projects are 
     included in a program of projects.
       ``(B) Submission.--A recipient shall annually submit a 
     program of projects to the Secretary.
       ``(C) Assurance.--The program of projects submitted under 
     subparagraph (B) shall contain an assurance that the program 
     provides for the maximum feasible coordination of 
     transportation services assisted under this section with 
     transportation services assisted by other Government sources.
       ``(7) Meal delivery for homebound individuals.--A public 
     transportation service provider that receives assistance 
     under this section or section 5311(c) may coordinate and 
     assist in regularly providing meal delivery service for 
     homebound individuals, if the delivery service does not 
     conflict with providing public transportation service or 
     reduce service to public transportation passengers.
       ``(c) Apportionment and Transfers.--
       ``(1) Formula.--The Secretary shall apportion amounts made 
     available to carry out this section as follows:
       ``(A) Large urbanized areas.--Sixty percent of the funds 
     shall be apportioned among designated recipients for 
     urbanized areas with a population of 200,000 or more 
     individuals, as determined by the Bureau of the Census, in 
     the ratio that--
       ``(i) the number of seniors and individuals with 
     disabilities in each such urbanized area; bears to
       ``(ii) the number of seniors and individuals with 
     disabilities in all such urbanized areas.
       ``(B) Small urbanized areas.--Twenty percent of the funds 
     shall be apportioned among the States in the ratio that--
       ``(i) the number of seniors and individuals with 
     disabilities in urbanized areas with a population of fewer 
     than 200,000 individuals, as determined by the Bureau of the 
     Census, in each State; bears to
       ``(ii) the number of seniors and individuals with 
     disabilities in urbanized areas with a population of fewer 
     than 200,000 individuals, as determined by the Bureau of the 
     Census, in all States.
       ``(C) Other than urbanized areas.--Twenty percent of the 
     funds shall be apportioned among the States in the ratio 
     that--
       ``(i) the number of seniors and individuals with 
     disabilities in other than urbanized areas in each State; 
     bears to
       ``(ii) the number of seniors and individuals with 
     disabilities in other than urbanized areas in all States.
       ``(2) Areas served by projects.--
       ``(A) In general.--Except as provided in subparagraph (B)--
       ``(i) funds apportioned under paragraph (1)(A) shall be 
     used for projects serving urbanized areas with a population 
     of 200,000 or more individuals, as determined by the Bureau 
     of the Census;
       ``(ii) funds apportioned under paragraph (1)(B) shall be 
     used for projects serving urbanized areas with a population 
     of fewer than 200,000 individuals, as determined by the 
     Bureau of the Census; and
       ``(iii) funds apportioned under paragraph (1)(C) shall be 
     used for projects serving other than urbanized areas.
       ``(B) Exceptions.--A State may use funds apportioned to the 
     State under subparagraph (B) or (C) of paragraph (1)--
       ``(i) for a project serving an area other than an area 
     specified in subparagraph (A)(ii) or (A)(iii), as the case 
     may be, if the Governor of the State certifies that all of 
     the objectives of this section are being met in the area 
     specified in subparagraph (A)(ii) or (A)(iii); or
       ``(ii) for a project anywhere in the State, if the State 
     has established a statewide program for meeting the 
     objectives of this section.
       ``(C) Limited to eligible projects.--Any funds transferred 
     pursuant to subparagraph (B) shall be made available only for 
     eligible projects selected under this section.
       ``(D) Consultation.--A recipient may transfer an amount 
     under subparagraph (B) only after consulting with responsible 
     local officials, publicly owned operators of public 
     transportation, and nonprofit providers in the area for which 
     the amount was originally apportioned.
       ``(d) Government Share of Costs.--
       ``(1) Capital projects.--A grant for a capital project 
     under this section shall be in an amount equal to 80 percent 
     of the net capital costs of the project, as determined by the 
     Secretary.
       ``(2) Operating assistance.--A grant made under this 
     section for operating assistance may not exceed an amount 
     equal to 50 percent of the net operating costs of the 
     project, as determined by the Secretary.
       ``(3) Remainder of net costs.--The remainder of the net 
     costs of a project carried out under this section--
       ``(A) may be provided from an undistributed cash surplus, a 
     replacement or depreciation cash fund or reserve, a service 
     agreement with a State or local social service agency or a 
     private social service organization, or new capital; and
       ``(B) may be derived from amounts appropriated or otherwise 
     made available--
       ``(i) to a department or agency of the Government (other 
     than the Department of Transportation) that are eligible to 
     be expended for transportation; or
       ``(ii) to carry out the Federal lands highways program 
     under section 204 of title 23, United States Code.
       ``(4) Use of certain funds.--For purposes of paragraph 
     (3)(B)(i), the prohibition under section 403(a)(5)(C)(vii) of 
     the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) on the 
     use of grant funds for matching requirements shall not apply 
     to Federal or State funds to be used for transportation 
     purposes.
       ``(e) Grant Requirements.--
       ``(1) In general.--A grant under this section shall be 
     subject to the same requirements as a grant under section 
     5307, to the extent the Secretary determines appropriate.
       ``(2) Certification requirements.--
       ``(A) Project selection and plan development.--Before 
     receiving a grant under this section, each recipient shall 
     certify that--
       ``(i) the projects selected by the recipient are included 
     in a locally developed, coordinated public transit-human 
     services transportation plan;
       ``(ii) the plan described in clause (i) was developed and 
     approved through a process that included participation by 
     seniors, individuals with disabilities, representatives of 
     public, private, and nonprofit transportation and human 
     services providers, and other members of the public; and
       ``(iii) to the maximum extent feasible, the services funded 
     under this section will be coordinated with transportation 
     services assisted by other Federal departments and agencies.
       ``(B) Allocations to subrecipients.--If a recipient 
     allocates funds received under this section to subrecipients, 
     the recipient shall certify that the funds are allocated on a 
     fair and equitable basis.
       ``(f) Competitive Process for Grants to Subrecipients.--
       ``(1) Areawide solicitations.--A recipient of funds 
     apportioned under subsection (c)(1)(A) may conduct, in 
     cooperation with the appropriate metropolitan planning 
     organization, an areawide solicitation for applications for 
     grants under this section.
       ``(2) Statewide solicitations.--A recipient of funds 
     apportioned under subparagraph (B) or (C) of subsection 
     (c)(1) may conduct a statewide solicitation for applications 
     for grants under this section.
       ``(3) Application.--If the recipient elects to engage in a 
     competitive process, a recipient or subrecipient seeking to 
     receive a grant from funds apportioned under subsection (c) 
     shall submit to the recipient making the election an 
     application in such form and in accordance with such 
     requirements as the recipient making the election shall 
     establish.
       ``(g) Transfers of Facilities and Equipment.--A recipient 
     may transfer a facility or equipment acquired using a grant 
     under this section to any other recipient eligible to receive 
     assistance under this chapter, if--

[[Page S524]]

       ``(1) the recipient in possession of the facility or 
     equipment consents to the transfer; and
       ``(2) the facility or equipment will continue to be used as 
     required under this section.
       ``(h) Performance Measures.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Federal Public Transportation Act of 2012, 
     the Secretary shall issue a final rule to establish 
     performance measures for grants under this section.
       ``(2) Targets.--Not later than 3 months after the date on 
     which the Secretary issues a final rule under paragraph (1), 
     and each fiscal year thereafter, each recipient that receives 
     Federal financial assistance under this section shall 
     establish performance targets in relation to the performance 
     measures established by the Secretary.
       ``(3) Reports.--Each recipient of Federal financial 
     assistance under this section shall submit to the Secretary 
     an annual report that describes--
       ``(A) the progress of the recipient toward meeting the 
     performance targets established under paragraph (2) for that 
     fiscal year; and
       ``(B) the performance targets established by the recipient 
     for the subsequent fiscal year.''.

     SEC. 40012. FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS.

       Section 5311 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5311. Formula grants for other than urbanized areas

       ``(a) Definitions.--As used in this section, the following 
     definitions shall apply:
       ``(1) Recipient.--The term `recipient' means a State or 
     Indian tribe that receives a Federal transit program grant 
     directly from the Government.
       ``(2) Subrecipient.--The term `subrecipient' means a State 
     or local governmental authority, a nonprofit organization, or 
     an operator of public transportation or intercity bus service 
     that receives Federal transit program grant funds indirectly 
     through a recipient.
       ``(b) General Authority.--
       ``(1) Grants authorized.--Except as provided by paragraph 
     (2), the Secretary may award grants under this section to 
     recipients located in areas other than urbanized areas for--
       ``(A) planning, provided that a grant under this section 
     for planning activities shall be in addition to funding 
     awarded to a State under section 5305 for planning activities 
     that are directed specifically at the needs of other than 
     urbanized areas in the State;
       ``(B) public transportation capital projects;
       ``(C) operating costs of equipment and facilities for use 
     in public transportation; and
       ``(D) the acquisition of public transportation services, 
     including service agreements with private providers of public 
     transportation service.
       ``(2) State program.--
       ``(A) In general.--A project eligible for a grant under 
     this section shall be included in a State program for public 
     transportation service projects, including agreements with 
     private providers of public transportation service.
       ``(B) Submission to secretary.--Each State shall submit to 
     the Secretary annually the program described in subparagraph 
     (A).
       ``(C) Approval.--The Secretary may not approve the program 
     unless the Secretary determines that--
       ``(i) the program provides a fair distribution of amounts 
     in the State, including Indian reservations; and
       ``(ii) the program provides the maximum feasible 
     coordination of public transportation service assisted under 
     this section with transportation service assisted by other 
     Federal sources.
       ``(3) Rural transportation assistance program.--
       ``(A) In general.--The Secretary shall carry out a rural 
     transportation assistance program in other than urbanized 
     areas.
       ``(B) Grants and contracts.--In carrying out this 
     paragraph, the Secretary may use not more than 2 percent of 
     the amount made available under section 5338(a)(2)(F) to make 
     grants and contracts for transportation research, technical 
     assistance, training, and related support services in other 
     than urbanized areas.
       ``(C) Projects of a national scope.--Not more than 15 
     percent of the amounts available under subparagraph (B) may 
     be used by the Secretary to carry out projects of a national 
     scope, with the remaining balance provided to the States.
       ``(4) Data collection.--Each recipient under this section 
     shall submit an annual report to the Secretary containing 
     information on capital investment, operations, and service 
     provided with funds received under this section, including--
       ``(A) total annual revenue;
       ``(B) sources of revenue;
       ``(C) total annual operating costs;
       ``(D) total annual capital costs;
       ``(E) fleet size and type, and related facilities;
       ``(F) vehicle revenue miles; and
       ``(G) ridership.
       ``(c) Apportionments.--
       ``(1) Public transportation on indian reservations.--Of the 
     amounts made available or appropriated for each fiscal year 
     pursuant to section 5338(a)(2)(F) to carry out this 
     paragraph, the following amounts shall be apportioned each 
     fiscal year for grants to Indian tribes for any purpose 
     eligible under this section, under such terms and conditions 
     as may be established by the Secretary:
       ``(A) $10,000,000 shall be distributed on a competitive 
     basis by the Secretary.
       ``(B) $20,000,000 shall be apportioned as formula grants, 
     as provided in subsection (k).
       ``(2) Appalachian development public transportation 
     assistance program.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the term `Appalachian region' has the same meaning as 
     in section 14102 of title 40; and
       ``(ii) the term `eligible recipient' means a State that 
     participates in a program established under subtitle IV of 
     title 40.
       ``(B) In general.--The Secretary shall carry out a public 
     transportation assistance program in the Appalachian region.
       ``(C) Apportionment.--Of amounts made available or 
     appropriated for each fiscal year under section 5338(a)(2)(F) 
     to carry out this paragraph, the Secretary shall apportion 
     funds to eligible recipients for any purpose eligible under 
     this section, based on the guidelines established under 
     section 9.5(b) of the Appalachian Regional Commission Code.
       ``(D) Special rule.--An eligible recipient may use amounts 
     that cannot be used for operating expenses under this 
     paragraph for a highway project if--
       ``(i) that use is approved, in writing, by the eligible 
     recipient after appropriate notice and an opportunity for 
     comment and appeal are provided to affected public 
     transportation providers; and
       ``(ii) the eligible recipient, in approving the use of 
     amounts under this subparagraph, determines that the local 
     transit needs are being addressed.
       ``(3) Remaining amounts.--
       ``(A) In general.--The amounts made available or 
     appropriated for each fiscal year pursuant to section 
     5338(a)(2)(F) that are not apportioned under paragraph (1) or 
     (2) shall be apportioned in accordance with this paragraph.
       ``(B) Apportionment based on land area and population in 
     nonurbanized areas.--
       ``(i) In general.--83.15 percent of the amount described in 
     subparagraph (A) shall be apportioned to the States in 
     accordance with this subparagraph.
       ``(ii) Land area.--

       ``(I) In general.--Subject to subclause (II), each State 
     shall receive an amount that is equal to 20 percent of the 
     amount apportioned under clause (i), multiplied by the ratio 
     of the land area in areas other than urbanized areas in that 
     State and divided by the land area in all areas other than 
     urbanized areas in the United States, as shown by the most 
     recent decennial census of population.
       ``(II) Maximum apportionment.--No State shall receive more 
     than 5 percent of the amount apportioned under subclause (I).

       ``(iii) Population.--Each State shall receive an amount 
     equal to 80 percent of the amount apportioned under clause 
     (i), multiplied by the ratio of the population of areas other 
     than urbanized areas in that State and divided by the 
     population of all areas other than urbanized areas in the 
     United States, as shown by the most recent decennial census 
     of population.
       ``(C) Apportionment based on land area, vehicle revenue 
     miles, and low-income individuals in nonurbanized areas.--
       ``(i) In general.--16.85 percent of the amount described in 
     subparagraph (A) shall be apportioned to the States in 
     accordance with this subparagraph.
       ``(ii) Land area.--Subject to clause (v), each State shall 
     receive an amount that is equal to 29.68 percent of the 
     amount apportioned under clause (i), multiplied by the ratio 
     of the land area in areas other than urbanized areas in that 
     State and divided by the land area in all areas other than 
     urbanized areas in the United States, as shown by the most 
     recent decennial census of population.
       ``(iii) Vehicle revenue miles.--Subject to clause (v), each 
     State shall receive an amount that is equal to 29.68 percent 
     of the amount apportioned under clause (i), multiplied by the 
     ratio of vehicle revenue miles in areas other than urbanized 
     areas in that State and divided by the vehicle revenue miles 
     in all areas other than urbanized areas in the United States, 
     as determined by national transit database reporting.
       ``(iv) Low-income individuals.--Each State shall receive an 
     amount that is equal to 40.64 percent of the amount 
     apportioned under clause (i), multiplied by the ratio of low-
     income individuals in areas other than urbanized areas in 
     that State and divided by the number of low-income 
     individuals in all areas other than urbanized areas in the 
     United States, as shown by the Bureau of the Census.
       ``(v) Maximum apportionment.--No State shall receive--

       ``(I) more than 5 percent of the amount apportioned under 
     clause (ii); or
       ``(II) more than 5 percent of the amount apportioned under 
     clause (iii).

       ``(d) Use for Local Transportation Service.--A State may 
     use an amount apportioned under this section for a project 
     included in a program under subsection (b) of this section 
     and eligible for assistance under this chapter if the project 
     will provide local transportation service, as defined by the 
     Secretary of Transportation, in an area other than an 
     urbanized area.
       ``(e) Use for Administration, Planning, and Technical 
     Assistance.--The Secretary may allow a State to use not more 
     than 15 percent of the amount apportioned under this section 
     to administer this section and

[[Page S525]]

     provide technical assistance to a subrecipient, including 
     project planning, program and management development, 
     coordination of public transportation programs, and research 
     the State considers appropriate to promote effective delivery 
     of public transportation to an area other than an urbanized 
     area.
       ``(f) Intercity Bus Transportation.--
       ``(1) In general.--A State shall expend at least 15 percent 
     of the amount made available in each fiscal year to carry out 
     a program to develop and support intercity bus 
     transportation. Eligible activities under the program 
     include--
       ``(A) planning and marketing for intercity bus 
     transportation;
       ``(B) capital grants for intercity bus shelters;
       ``(C) joint-use stops and depots;
       ``(D) operating grants through purchase-of-service 
     agreements, user-side subsidies, and demonstration projects; 
     and
       ``(E) coordinating rural connections between small public 
     transportation operations and intercity bus carriers.
       ``(2) Certification.--A State does not have to comply with 
     paragraph (1) of this subsection in a fiscal year in which 
     the Governor of the State certifies to the Secretary, after 
     consultation with affected intercity bus service providers, 
     that the intercity bus service needs of the State are being 
     met adequately.
       ``(g) Access to Jobs Projects.--
       ``(1) In general.--Amounts made available under section 
     5338(a)(2)(F) may be used to carry out a program to develop 
     and maintain job access projects. Eligible projects may 
     include--
       ``(A) projects relating to the development and maintenance 
     of public transportation services designed to transport 
     eligible low-income individuals to and from jobs and 
     activities related to their employment, including--
       ``(i) public transportation projects to finance planning, 
     capital, and operating costs of providing access to jobs 
     under this chapter;
       ``(ii) promoting public transportation by low-income 
     workers, including the use of public transportation by 
     workers with nontraditional work schedules;
       ``(iii) promoting the use of transit vouchers for welfare 
     recipients and eligible low-income individuals; and
       ``(iv) promoting the use of employer-provided 
     transportation, including the transit pass benefit program 
     under section 132 of the Internal Revenue Code of 1986; and
       ``(B) transportation projects designed to support the use 
     of public transportation including--
       ``(i) enhancements to existing public transportation 
     service for workers with non-traditional hours or reverse 
     commutes;
       ``(ii) guaranteed ride home programs;
       ``(iii) bicycle storage facilities; and
       ``(iv) projects that otherwise facilitate the provision of 
     public transportation services to employment opportunities.
       ``(2) Project selection and plan development.--Each grant 
     recipient under this subsection shall certify that--
       ``(A) the projects selected were included in a locally 
     developed, coordinated public transit-human services 
     transportation plan;
       ``(B) the plan was developed and approved through a process 
     that included participation by low-income individuals, 
     representatives of public, private, and nonprofit 
     transportation and human services providers, and the public;
       ``(C) to the maximum extent feasible, services funded under 
     this subsection are coordinated with transportation services 
     funded by other Federal departments and agencies; and
       ``(D) allocations of the grant to subrecipients, if any, 
     are distributed on a fair and equitable basis.
       ``(3) Competitive process for grants to subrecipients.--
       ``(A) Statewide solicitations.--A State may conduct a 
     statewide solicitation for applications for grants to 
     recipients and subrecipients under this subsection.
       ``(B) Application.--If the State elects to engage in a 
     competitive process, recipients and subrecipients seeking to 
     receive a grant from apportioned funds shall submit to the 
     State an application in the form and in accordance with such 
     requirements as the State shall establish.
       ``(h) Government Share of Costs.--
       ``(1) Capital projects.--
       ``(A) In general.--Except as provided by subparagraph (B), 
     a grant awarded under this section for a capital project or 
     project administrative expenses shall be for 80 percent of 
     the net costs of the project, as determined by the Secretary.
       ``(B) Exception.--A State described in section 120(b) of 
     title 23 shall receive a Government share of the net costs in 
     accordance with the formula under that section.
       ``(2) Operating assistance.--
       ``(A) In general.--Except as provided by subparagraph (B), 
     a grant made under this section for operating assistance may 
     not exceed 50 percent of the net operating costs of the 
     project, as determined by the Secretary.
       ``(B) Exception.--A State described in section 120(b) of 
     title 23 shall receive a Government share of the net 
     operating costs equal to 62.5 percent of the Government share 
     provided for under paragraph (1)(B).
       ``(3) Remainder.--The remainder of net project costs--
       ``(A) may be provided from an undistributed cash surplus, a 
     replacement or depreciation cash fund or reserve, a service 
     agreement with a State or local social service agency or a 
     private social service organization, or new capital;
       ``(B) may be derived from amounts appropriated or otherwise 
     made available to a department or agency of the Government 
     (other than the Department of Transportation) that are 
     eligible to be expended for transportation; and
       ``(C) notwithstanding subparagraph (B), may be derived from 
     amounts made available to carry out the Federal lands highway 
     program established by section 204 of title 23.
       ``(4) Use of certain funds.--For purposes of paragraph 
     (3)(B), the prohibitions on the use of funds for matching 
     requirements under section 403(a)(5)(C)(vii) of the Social 
     Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to 
     Federal or State funds to be used for transportation 
     purposes.
       ``(5) Limitation on operating assistance.--A State carrying 
     out a program of operating assistance under this section may 
     not limit the level or extent of use of the Government grant 
     for the payment of operating expenses.
       ``(i) Transfer of Facilities and Equipment.--With the 
     consent of the recipient currently having a facility or 
     equipment acquired with assistance under this section, a 
     State may transfer the facility or equipment to any recipient 
     eligible to receive assistance under this chapter if the 
     facility or equipment will continue to be used as required 
     under this section.
       ``(j) Relationship to Other Laws.--
       ``(1) In general.--Section 5333(b) applies to this section 
     if the Secretary of Labor utilizes a special warranty that 
     provides a fair and equitable arrangement to protect the 
     interests of employees.
       ``(2) Rule of construction.--This subsection does not 
     affect or discharge a responsibility of the Secretary of 
     Transportation under a law of the United States.
       ``(k) Formula Grants for Public Transportation on Indian 
     Reservations.--
       ``(1) Apportionment.--
       ``(A) In general.--Of the amounts described in subsection 
     (c)(1)(B)--
       ``(i) 50 percent of the total amount shall be apportioned 
     so that each Indian tribe providing public transportation 
     service shall receive an amount equal to the total amount 
     apportioned under this clause multiplied by the ratio of the 
     number of vehicle revenue miles provided by an Indian tribe 
     divided by the total number of vehicle revenue miles provided 
     by all Indian tribes, as reported to the Secretary;
       ``(ii) 25 percent of the total amount shall be apportioned 
     equally among each Indian tribe providing at least 200,000 
     vehicle revenue miles of public transportation service 
     annually, as reported to the Secretary; and
       ``(iii) 25 percent of the total amount shall be apportioned 
     among each Indian tribe providing public transportation on 
     tribal lands on which more than 1,000 low-income individuals 
     reside (as determined by the Bureau of the Census) so that 
     each Indian tribe shall receive an amount equal to the total 
     amount apportioned under this clause multiplied by the ratio 
     of the number of low-income individuals residing on an Indian 
     tribe's lands divided by the total number of low-income 
     individuals on tribal lands on which more than 1,000 low-
     income individuals reside.
       ``(B) Limitation.--No recipient shall receive more than 
     $300,000 of the amounts apportioned under subparagraph 
     (A)(iii) in a fiscal year.
       ``(C) Remaining amounts.--Of the amounts made available 
     under subparagraph (A)(iii), any amounts not apportioned 
     under that subparagraph shall be allocated among Indian 
     tribes receiving less than $300,000 in a fiscal year 
     according to the formula specified in that clause.
       ``(D) Low-income individuals.--For purposes of subparagraph 
     (A)(iii), the term `low-income individual' means an 
     individual whose family income is at or below 100 percent of 
     the poverty line, as that term is defined in section 673(2) 
     of the Community Services Block Grant Act (42 U.S.C. 
     9902(2)), including any revision required by that section, 
     for a family of the size involved.
       ``(2) Non-tribal service providers.--A recipient that is an 
     Indian tribe may use funds apportioned under this subsection 
     to finance public transportation services provided by a non-
     tribal provider of public transportation that connects 
     residents of tribal lands with surrounding communities, 
     improves access to employment or healthcare, or otherwise 
     addresses the mobility needs of tribal members.''.

     SEC. 40013. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND 
                   DEPLOYMENT PROJECTS.

       Section 5312 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5312. Research, development, demonstration, and 
       deployment projects

       ``(a) Research, Development, Demonstration, and Deployment 
     Projects.--
       ``(1) In general.--The Secretary may make grants and enter 
     into contracts, cooperative agreements, and other agreements 
     for research, development, demonstration, and deployment 
     projects, and evaluation of research and technology of 
     national significance to public transportation, that the 
     Secretary determines will improve public transportation.
       ``(2) Agreements.--In order to carry out paragraph (1), the 
     Secretary may make grants to and enter into contracts, 
     cooperative agreements, and other agreements with--

[[Page S526]]

       ``(A) departments, agencies, and instrumentalities of the 
     Government;
       ``(B) State and local governmental entities;
       ``(C) providers of public transportation;
       ``(D) private or non-profit organizations;
       ``(E) institutions of higher education; and
       ``(F) technical and community colleges.
       ``(3) Application.--
       ``(A) In general.--To receive a grant, contract, 
     cooperative agreement, or other agreement under this section, 
     an entity described in paragraph (2) shall submit an 
     application to the Secretary.
       ``(B) Form and contents.--An application under subparagraph 
     (A) shall be in such form and contain such information as the 
     Secretary may require, including--
       ``(i) a statement of purpose detailing the need being 
     addressed;
       ``(ii) the short- and long-term goals of the project, 
     including opportunities for future innovation and 
     development, the potential for deployment, and benefits to 
     riders and public transportation; and
       ``(iii) the short- and long-term funding requirements to 
     complete the project and any future objectives of the 
     project.
       ``(b) Research.--
       ``(1) In general.--The Secretary may make a grant to or 
     enter into a contract, cooperative agreement, or other 
     agreement under this section with an entity described in 
     subsection (a)(2) to carry out a public transportation 
     research project that has as its ultimate goal the 
     development and deployment of new and innovative ideas, 
     practices, and approaches.
       ``(2) Project eligibility.--A public transportation 
     research project that receives assistance under paragraph (1) 
     shall focus on--
       ``(A) providing more effective and efficient public 
     transportation service, including services to--
       ``(i) seniors;
       ``(ii) individuals with disabilities; and
       ``(iii) low-income individuals;
       ``(B) mobility management and improvements and travel 
     management systems;
       ``(C) data and communication system advancements;
       ``(D) system capacity, including--
       ``(i) train control;
       ``(ii) capacity improvements; and
       ``(iii) performance management;
       ``(E) capital and operating efficiencies;
       ``(F) planning and forecasting modeling and simulation;
       ``(G) advanced vehicle design;
       ``(H) advancements in vehicle technology;
       ``(I) asset maintenance and repair systems advancement;
       ``(J) construction and project management;
       ``(K) alternative fuels;
       ``(L) the environment and energy efficiency;
       ``(M) safety improvements; or
       ``(N) any other area that the Secretary determines is 
     important to advance the interests of public transportation.
       ``(c) Innovation and Development.--
       ``(1) In general.--The Secretary may make a grant to or 
     enter into a contract, cooperative agreement, or other 
     agreement under this section with an entity described in 
     subsection (a)(2) to carry out a public transportation 
     innovation and development project that seeks to improve 
     public transportation systems nationwide in order to provide 
     more efficient and effective delivery of public 
     transportation services, including through technology and 
     technological capacity improvements.
       ``(2) Project eligibility.--A public transportation 
     innovation and development project that receives assistance 
     under paragraph (1) shall focus on--
       ``(A) the development of public transportation research 
     projects that received assistance under subsection (b) that 
     the Secretary determines were successful;
       ``(B) planning and forecasting modeling and simulation;
       ``(C) capital and operating efficiencies;
       ``(D) advanced vehicle design;
       ``(E) advancements in vehicle technology;
       ``(F) the environment and energy efficiency;
       ``(G) system capacity, including train control and capacity 
     improvements; or
       ``(H) any other area that the Secretary determines is 
     important to advance the interests of public transportation.
       ``(d) Demonstration, Deployment, and Evaluation.--
       ``(1) In general.--The Secretary may, under terms and 
     conditions that the Secretary prescribes, make a grant to or 
     enter into a contract, cooperative agreement, or other 
     agreement with an entity described in paragraph (2) to 
     promote the early deployment and demonstration of innovation 
     in public transportation that has broad applicability.
       ``(2) Participants.--An entity described in this paragraph 
     is--
       ``(A) an entity described in subsection (a)(2); or
       ``(B) a consortium of entities described in subsection 
     (a)(2), including a provider of public transportation, that 
     will share the costs, risks, and rewards of early deployment 
     and demonstration of innovation.
       ``(3) Project eligibility.--A project that receives 
     assistance under paragraph (1) shall seek to build on 
     successful research, innovation, and development efforts to 
     facilitate--
       ``(A) the deployment of research and technology development 
     resulting from private efforts or federally funded efforts; 
     and
       ``(B) the implementation of research and technology 
     development to advance the interests of public 
     transportation.
       ``(4) Evaluation.--Not later than 2 years after the date on 
     which a project receives assistance under paragraph (1), the 
     Secretary shall conduct a comprehensive evaluation of the 
     success or failure of the projects funded under this 
     subsection and any plan for broad-based implementation of the 
     innovation promoted by successful projects.
       ``(e) Annual Report on Research.--Not later than the first 
     Monday in February of each year, the Secretary shall submit 
     to the Committee on Banking, Housing, and Urban Affairs and 
     the Committee on Appropriations of the Senate and the 
     Committee on Transportation and Infrastructure and the 
     Committee on Appropriations of the House of Representatives a 
     report that includes--
       ``(1) a description of each project that received 
     assistance under this section during the preceding fiscal 
     year;
       ``(2) an evaluation of each project described in paragraph 
     (1), including any evaluation conducted under subsection 
     (d)(4) for the preceding fiscal year; and
       ``(3) a proposal for allocations of amounts for assistance 
     under this section for the subsequent fiscal year.
       ``(f) Government Share of Costs.--
       ``(1) In general.--The Government share of the cost of a 
     project carried out under this section shall not exceed 80 
     percent.
       ``(2) Non-government share.--The non-Government share of 
     the cost of a project carried out under this section may be 
     derived from in-kind contributions.
       ``(3) Financial benefit.--If the Secretary determines that 
     there would be a clear and direct financial benefit to an 
     entity under a grant, contract, cooperative agreement, or 
     other agreement under this section, the Secretary shall 
     establish a Government share of the costs of the project to 
     be carried out under the grant, contract, cooperative 
     agreement, or other agreement that is consistent with the 
     benefit.''.

     SEC. 40014. TECHNICAL ASSISTANCE AND STANDARDS DEVELOPMENT.

       Section 5314 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5314. Technical assistance and standards development

       ``(a) Technical Assistance and Standards Development.--
       ``(1) In general.--The Secretary may make grants and enter 
     into contracts, cooperative agreements, and other agreements 
     (including agreements with departments, agencies, and 
     instrumentalities of the Government) to carry out activities 
     that the Secretary determines will assist recipients of 
     assistance under this chapter to--
       ``(A) more effectively and efficiently provide public 
     transportation service;
       ``(B) administer funds received under this chapter in 
     compliance with Federal law; and
       ``(C) improve public transportation.
       ``(2) Eligible activities.--The activities carried out 
     under paragraph (1) may include--
       ``(A) technical assistance; and
       ``(B) the development of standards and best practices by 
     the public transportation industry.
       ``(b) Technical Assistance Centers.--
       ``(1) Definition.--In this subsection, the term `eligible 
     entity' means a nonprofit organization, an institution of 
     higher education, or a technical or community college.
       ``(2) In general.--The Secretary may make grants to and 
     enter into contracts, cooperative agreements, and other 
     agreements with eligible entities to administer centers to 
     provide technical assistance, including--
       ``(A) the development of tools and guidance; and
       ``(B) the dissemination of best practices.
       ``(3) Competitive process.--The Secretary may make grants 
     and enter into contracts, cooperative agreements, and other 
     agreements under paragraph (2) through a competitive process 
     on a biennial basis for technical assistance in each of the 
     following categories:
       ``(A) Human services transportation coordination, 
     including--
       ``(i) transportation for seniors;
       ``(ii) transportation for individuals with disabilities; 
     and
       ``(iii) coordination of local resources and programs to 
     assist low-income individuals and veterans in gaining access 
     to training and employment opportunities.
       ``(B) Transit-oriented development.
       ``(C) Transportation equity with regard to the impact that 
     transportation planning, investment, and operations have on 
     low-income and minority individuals.
       ``(D) Financing mechanisms, including--
       ``(i) public-private partnerships;
       ``(ii) bonding; and
       ``(iii) State and local capacity building.
       ``(E) Any other activity that the Secretary determines is 
     important to advance the interests of public transportation.
       ``(4) Expertise of technical assistance centers.--In 
     selecting an eligible entity to administer a center under 
     this subsection, the Secretary shall consider--
       ``(A) the demonstrated subject matter expertise of the 
     eligible entity; and
       ``(B) the capacity of the eligible entity to deliver 
     technical assistance on a regional or nationwide basis.
       ``(5) Partnerships.--An eligible entity may partner with 
     another eligible entity to provide technical assistance under 
     this subsection.
       ``(c) Government Share of Costs.--

[[Page S527]]

       ``(1) In general.--The Government share of the cost of an 
     activity under this section may not exceed 80 percent.
       ``(2) Non-government share.--The non-Government share of 
     the cost of an activity under this section may be derived 
     from in-kind contributions.''.

     SEC. 40015. BUS TESTING FACILITIES.

       Section 5318 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5318. Bus testing facilities

       ``(a) Facilities.--The Secretary shall certify not more 
     than 4 comprehensive facilities for testing new bus models 
     for maintainability, reliability, safety, performance 
     (including braking performance), structural integrity, fuel 
     economy, emissions, and noise.
       ``(b) Cooperative Agreement.--The Secretary shall enter 
     into a cooperative agreement with not more than 4 qualified 
     entities to test public transportation vehicles under 
     subsection (a).
       ``(c) Fees.--An entity that operates and maintains a 
     facility certified under subsection (a) shall establish and 
     collect reasonable fees for the testing of vehicles at the 
     facility. The Secretary must approve the fees.
       ``(d) Availability of Amounts To Pay for Testing.--
       ``(1) In general.--The Secretary shall enter into a 
     cooperative agreement with an entity that operates and 
     maintains a facility certified under subsection (a), under 
     which 80 percent of the fee for testing a vehicle at the 
     facility may be available from amounts apportioned to a 
     recipient under section 5336 or from amounts appropriated to 
     carry out this section.
       ``(2) Prohibition.--An entity that operates and maintains a 
     facility described in subsection (a) shall not have a 
     financial interest in the outcome of the testing carried out 
     at the facility.
       ``(e) Acquiring New Bus Models.--Amounts appropriated or 
     made available under this chapter may be obligated or 
     expended to acquire a new bus model only if--
       ``(1) a bus of that model has been tested at a facility 
     described in subsection (a); and
       ``(2) the bus tested under paragraph (1) met--
       ``(A) performance standards for maintainability, 
     reliability, performance (including braking performance), 
     structural integrity, fuel economy, emissions, and noise, as 
     established by the Secretary by rule; and
       ``(B) the minimum safety performance standards established 
     by the Secretary pursuant to section 5329(b).''.

     SEC. 40016. PUBLIC TRANSPORTATION WORKFORCE DEVELOPMENT AND 
                   HUMAN RESOURCE PROGRAMS.

       Section 5322 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5322. Public transportation workforce development and 
       human resource programs

       ``(a) In General.--The Secretary may undertake, or make 
     grants or enter into contracts for, activities that address 
     human resource needs as the needs apply to public 
     transportation activities, including activities that--
       ``(1) educate and train employees;
       ``(2) develop the public transportation workforce through 
     career outreach and preparation;
       ``(3) develop a curriculum for workforce development;
       ``(4) conduct outreach programs to increase minority and 
     female employment in public transportation;
       ``(5) conduct research on public transportation personnel 
     and training needs;
       ``(6) provide training and assistance for minority business 
     opportunities;
       ``(7) advance training relating to maintenance of 
     alternative energy, energy efficiency, or zero emission 
     vehicles and facilities used in public transportation; and
       ``(8) address a current or projected workforce shortage in 
     an area that requires technical expertise.
       ``(b) Funding.--
       ``(1) Urbanized area formula grants.--A recipient or 
     subrecipient of funding under section 5307 shall expend not 
     less than 0.5 percent of such funding for activities 
     consistent with subsection (a).
       ``(2) Waiver.--The Secretary may waive the requirement 
     under paragraph (1) with respect to a recipient or 
     subrecipient if the Secretary determines that the recipient 
     or subrecipient--
       ``(A) has an adequate workforce development program; or
       ``(B) has partnered with a local educational institution in 
     a manner that sufficiently promotes or addresses workforce 
     development and human resource needs.
       ``(c) Innovative Public Transportation Workforce 
     Development Program.--
       ``(1) Program established.--The Secretary shall establish a 
     competitive grant program to assist the development of 
     innovative activities eligible for assistance under 
     subsection (a).
       ``(2) Selection of recipients.--To the maximum extent 
     feasible, the Secretary shall select recipients that--
       ``(A) are geographically diverse;
       ``(B) address the workforce and human resources needs of 
     large public transportation providers;
       ``(C) address the workforce and human resources needs of 
     small public transportation providers;
       ``(D) address the workforce and human resources needs of 
     urban public transportation providers;
       ``(E) address the workforce and human resources needs of 
     rural public transportation providers;
       ``(F) advance training related to maintenance of 
     alternative energy, energy efficiency, or zero emission 
     vehicles and facilities used in public transportation;
       ``(G) target areas with high rates of unemployment; and
       ``(H) address current or projected workforce shortages in 
     areas that require technical expertise.
       ``(d) Government's Share of Costs.--The Government share of 
     the cost of a project carried out using a grant under this 
     section shall be 50 percent.
       ``(e) Report.--Not later than 2 years after the date of 
     enactment of the Federal Public Transportation Act of 2012, 
     the Secretary shall submit to the Committee on Banking, 
     Housing, and Urban Affairs of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report concerning the measurable outcomes 
     and impacts of the programs funded under this section.''.

     SEC. 40017. GENERAL PROVISIONS.

       Section 5323 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5323. General provisions

       ``(a) Interests in Property.--
       ``(1) In general.--Financial assistance provided under this 
     chapter to a State or a local governmental authority may be 
     used to acquire an interest in, or to buy property of, a 
     private company engaged in public transportation, for a 
     capital project for property acquired from a private company 
     engaged in public transportation after July 9, 1964, or to 
     operate a public transportation facility or equipment in 
     competition with, or in addition to, transportation service 
     provided by an existing public transportation company, only 
     if--
       ``(A) the Secretary determines that such financial 
     assistance is essential to a program of projects required 
     under sections 5303 and 5304;
       ``(B) the Secretary determines that the program provides 
     for the participation of private companies engaged in public 
     transportation to the maximum extent feasible; and
       ``(C) just compensation under State or local law will be 
     paid to the company for its franchise or property.
       ``(2) Limitation.--A governmental authority may not use 
     financial assistance of the United States Government to 
     acquire land, equipment, or a facility used in public 
     transportation from another governmental authority in the 
     same geographic area.
       ``(b) Relocation and Real Property Requirements.--The 
     Uniform Relocation Assistance and Real Property Acquisition 
     Policies Act of 1970 (42 U.S.C. 4601 et seq.) shall apply to 
     financial assistance for capital projects under this chapter.
       ``(c) Consideration of Economic, Social, and Environmental 
     Interests.--
       ``(1) Cooperation and consultation.--In carrying out the 
     goal described in section 5301(c)(2), the Secretary shall 
     cooperate and consult with the Secretary of the Interior and 
     the Administrator of the Environmental Protection Agency on 
     each project that may have a substantial impact on the 
     environment.
       ``(2) Compliance with nepa.--The National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to 
     financial assistance for capital projects under this chapter.
       ``(d) Corridor Preservation.--
       ``(1) In general.--The Secretary may assist a recipient in 
     acquiring right-of-way before the completion of the 
     environmental reviews for any project that may use the right-
     of-way if the acquisition is otherwise permitted under 
     Federal law. The Secretary may establish restrictions on such 
     an acquisition as the Secretary determines to be necessary 
     and appropriate.
       ``(2) Environmental reviews.--Right-of-way acquired under 
     this subsection may not be developed in anticipation of the 
     project until all required environmental reviews for the 
     project have been completed.
       ``(e) Condition on Charter Bus Transportation Service.--
       ``(1) Agreements.--Financial assistance under this chapter 
     may be used to buy or operate a bus only if the applicant, 
     governmental authority, or publicly owned operator that 
     receives the assistance agrees that, except as provided in 
     the agreement, the governmental authority or an operator of 
     public transportation for the governmental authority will not 
     provide charter bus transportation service outside the urban 
     area in which it provides regularly scheduled public 
     transportation service. An agreement shall provide for a fair 
     arrangement the Secretary of Transportation considers 
     appropriate to ensure that the assistance will not enable a 
     governmental authority or an operator for a governmental 
     authority to foreclose a private operator from providing 
     intercity charter bus service if the private operator can 
     provide the service.
       ``(2) Violations.--
       ``(A) Investigations.--On receiving a complaint about a 
     violation of the agreement required under paragraph (1), the 
     Secretary shall investigate and decide whether a violation 
     has occurred.
       ``(B) Enforcement of agreements.--If the Secretary decides 
     that a violation has occurred, the Secretary shall correct 
     the violation under terms of the agreement.
       ``(C) Additional remedies.--In addition to any remedy 
     specified in the agreement, the Secretary shall bar a 
     recipient or an operator from receiving Federal transit 
     assistance in an amount the Secretary considers

[[Page S528]]

     appropriate if the Secretary finds a pattern of violations of 
     the agreement.
       ``(f) Bond Proceeds Eligible for Local Share.--
       ``(1) Use as local matching funds.--Notwithstanding any 
     other provision of law, a recipient of assistance under 
     section 5307, 5309, or 5337 may use the proceeds from the 
     issuance of revenue bonds as part of the local matching funds 
     for a capital project.
       ``(2) Maintenance of effort.--The Secretary shall approve 
     of the use of the proceeds from the issuance of revenue bonds 
     for the remainder of the net project cost only if the 
     Secretary finds that the aggregate amount of financial 
     support for public transportation in the urbanized area 
     provided by the State and affected local governmental 
     authorities during the next 3 fiscal years, as programmed in 
     the State transportation improvement program under section 
     5304, is not less than the aggregate amount provided by the 
     State and affected local governmental authorities in the 
     urbanized area during the preceding 3 fiscal years.
       ``(3) Debt service reserve.--The Secretary may reimburse an 
     eligible recipient for deposits of bond proceeds in a debt 
     service reserve that the recipient establishes pursuant to 
     section 5302(3)(J) from amounts made available to the 
     recipient under section 5309.
       ``(g) Schoolbus Transportation.--
       ``(1) Agreements.--Financial assistance under this chapter 
     may be used for a capital project, or to operate public 
     transportation equipment or a public transportation facility, 
     only if the applicant agrees not to provide schoolbus 
     transportation that exclusively transports students and 
     school personnel in competition with a private schoolbus 
     operator. This subsection does not apply--
       ``(A) to an applicant that operates a school system in the 
     area to be served and a separate and exclusive schoolbus 
     program for the school system; and
       ``(B) unless a private schoolbus operator can provide 
     adequate transportation that complies with applicable safety 
     standards at reasonable rates.
       ``(2) Violations.--If the Secretary finds that an 
     applicant, governmental authority, or publicly owned operator 
     has violated the agreement required under paragraph (1), the 
     Secretary shall bar a recipient or an operator from receiving 
     Federal transit assistance in an amount the Secretary 
     considers appropriate.
       ``(h) Buying Buses Under Other Laws.--Subsections (e) and 
     (g) of this section apply to financial assistance to buy a 
     bus under sections 133 and 142 of title 23.
       ``(i) Grant and Loan Prohibitions.--A grant or loan may not 
     be used to--
       ``(1) pay ordinary governmental or nonproject operating 
     expenses; or
       ``(2) support a procurement that uses an exclusionary or 
     discriminatory specification.
       ``(j) Government Share of Costs for Certain Projects.--A 
     grant for a project to be assisted under this chapter that 
     involves acquiring vehicle-related equipment or facilities 
     required by the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12101 et seq.) or vehicle-related equipment or 
     facilities (including clean fuel or alternative fuel vehicle-
     related equipment or facilities) for purposes of complying 
     with or maintaining compliance with the Clean Air Act, is for 
     90 percent of the net project cost of such equipment or 
     facilities attributable to compliance with those Acts. The 
     Secretary shall have discretion to determine, through 
     practicable administrative procedures, the costs of such 
     equipment or facilities attributable to compliance with those 
     Acts.
       ``(k) Buy America.--
       ``(1) In general.--The Secretary may obligate an amount 
     that may be appropriated to carry out this chapter for a 
     project only if the steel, iron, and manufactured goods used 
     in the project are produced in the United States.
       ``(2) Waiver.--The Secretary may waive paragraph (1) of 
     this subsection if the Secretary finds that--
       ``(A) applying paragraph (1) would be inconsistent with the 
     public interest;
       ``(B) the steel, iron, and goods produced in the United 
     States are not produced in a sufficient and reasonably 
     available amount or are not of a satisfactory quality;
       ``(C) when procuring rolling stock (including train 
     control, communication, and traction power equipment) under 
     this chapter--
       ``(i) the cost of components and subcomponents produced in 
     the United States is more than 60 percent of the cost of all 
     components of the rolling stock; and
       ``(ii) final assembly of the rolling stock has occurred in 
     the United States; or
       ``(D) including domestic material will increase the cost of 
     the overall project by more than 25 percent.
       ``(3) Written waiver determination and annual report.--
       ``(A) Written determination.--Before issuing a waiver under 
     paragraph (2), the Secretary shall--
       ``(i) publish in the Federal Register and make publicly 
     available in an easily identifiable location on the website 
     of the Department of Transportation a detailed written 
     explanation of the waiver determination; and
       ``(ii) provide the public with a reasonable period of time 
     for notice and comment.
       ``(B) Annual report.--Not later than 1 year after the date 
     of enactment of the Federal Public Transportation Act of 
     2012, and annually thereafter, the Secretary shall submit to 
     the Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report listing any waiver 
     issued under paragraph (2) during the preceding year.
       ``(4) Labor costs for final assembly.--In this subsection, 
     labor costs involved in final assembly are not included in 
     calculating the cost of components.
       ``(5) Waiver prohibited.--The Secretary may not make a 
     waiver under paragraph (2) of this subsection for goods 
     produced in a foreign country if the Secretary, in 
     consultation with the United States Trade Representative, 
     decides that the government of that foreign country--
       ``(A) has an agreement with the United States Government 
     under which the Secretary has waived the requirement of this 
     subsection; and
       ``(B) has violated the agreement by discriminating against 
     goods to which this subsection applies that are produced in 
     the United States and to which the agreement applies.
       ``(6) Penalty for mislabeling and misrepresentation.--A 
     person is ineligible under subpart 9.4 of the Federal 
     Acquisition Regulation, or any successor thereto, to receive 
     a contract or subcontract made with amounts authorized under 
     the Federal Public Transportation Act of 2012 if a court or 
     department, agency, or instrumentality of the Government 
     decides the person intentionally--
       ``(A) affixed a `Made in America' label, or a label with an 
     inscription having the same meaning, to goods sold in or 
     shipped to the United States that are used in a project to 
     which this subsection applies but not produced in the United 
     States; or
       ``(B) represented that goods described in subparagraph (A) 
     of this paragraph were produced in the United States.
       ``(7) State requirements.--The Secretary may not impose any 
     limitation on assistance provided under this chapter that 
     restricts a State from imposing more stringent requirements 
     than this subsection on the use of articles, materials, and 
     supplies mined, produced, or manufactured in foreign 
     countries in projects carried out with that assistance or 
     restricts a recipient of that assistance from complying with 
     those State-imposed requirements.
       ``(8) Opportunity to correct inadvertent error.--The 
     Secretary may allow a manufacturer or supplier of steel, 
     iron, or manufactured goods to correct after bid opening any 
     certification of noncompliance or failure to properly 
     complete the certification (but not including failure to sign 
     the certification) under this subsection if such manufacturer 
     or supplier attests under penalty of perjury that such 
     manufacturer or supplier submitted an incorrect certification 
     as a result of an inadvertent or clerical error. The burden 
     of establishing inadvertent or clerical error is on the 
     manufacturer or supplier.
       ``(9) Administrative review.--A party adversely affected by 
     an agency action under this subsection shall have the right 
     to seek review under section 702 of title 5.
       ``(l) Participation of Governmental Agencies in Design and 
     Delivery of Transportation Services.--Governmental agencies 
     and nonprofit organizations that receive assistance from 
     Government sources (other than the Department of 
     Transportation) for nonemergency transportation services 
     shall--
       ``(1) participate and coordinate with recipients of 
     assistance under this chapter in the design and delivery of 
     transportation services; and
       ``(2) be included in the planning for those services.
       ``(m) Relationship to Other Laws.--
       ``(1) Fraud and false statements.--Section 1001 of title 18 
     applies to a certificate, submission, or statement provided 
     under this chapter. The Secretary may terminate financial 
     assistance under this chapter and seek reimbursement 
     directly, or by offsetting amounts, available under this 
     chapter if the Secretary determines that a recipient of such 
     financial assistance has made a false or fraudulent statement 
     or related act in connection with a Federal public 
     transportation program.
       ``(2) Political activities of nonsupervisory employees.--
     The provision of assistance under this chapter shall not be 
     construed to require the application of chapter 15 of title 5 
     to any nonsupervisory employee of a public transportation 
     system (or any other agency or entity performing related 
     functions) to whom such chapter does not otherwise apply.
       ``(n) Preaward and Postdelivery Review of Rolling Stock 
     Purchases.--The Secretary shall prescribe regulations 
     requiring a preaward and postdelivery review of a grant under 
     this chapter to buy rolling stock to ensure compliance with 
     Government motor vehicle safety requirements, subsection (k) 
     of this section, and bid specifications requirements of grant 
     recipients under this chapter. Under this subsection, 
     independent inspections and review are required, and a 
     manufacturer certification is not sufficient. Rolling stock 
     procurements of 20 vehicles or fewer made for the purpose of 
     serving other than urbanized areas and urbanized areas with 
     populations of 200,000 or fewer shall be subject to the same 
     requirements as established for procurements of 10 or fewer 
     buses under the post-delivery purchaser's requirements 
     certification process under section 663.37(c) of title 49, 
     Code of Federal Regulations.
       ``(o) Submission of Certifications.--A certification 
     required under this chapter and

[[Page S529]]

     any additional certification or assurance required by law or 
     regulation to be submitted to the Secretary may be 
     consolidated into a single document to be submitted annually 
     as part of a grant application under this chapter. The 
     Secretary shall publish annually a list of all certifications 
     required under this chapter with the publication required 
     under section 5336(d)(2).
       ``(p) Grant Requirements.--The grant requirements under 
     sections 5307, 5309, and 5337 apply to any project under this 
     chapter that receives any assistance or other financing under 
     chapter 6 (other than section 609) of title 23.
       ``(q) Alternative Fueling Facilities.--A recipient of 
     assistance under this chapter may allow the incidental use of 
     federally funded alternative fueling facilities and equipment 
     by nontransit public entities and private entities if--
       ``(1) the incidental use does not interfere with the 
     recipient's public transportation operations;
       ``(2) all costs related to the incidental use are fully 
     recaptured by the recipient from the nontransit public entity 
     or private entity;
       ``(3) the recipient uses revenues received from the 
     incidental use in excess of costs for planning, capital, and 
     operating expenses that are incurred in providing public 
     transportation; and
       ``(4) private entities pay all applicable excise taxes on 
     fuel.
       ``(r) Fixed Guideway Categorical Exclusion.--
       ``(1) Study.--Not later than 6 months after the date of 
     enactment of the Federal Public Transportation Act of 2012, 
     the Secretary shall conduct a study to determine the 
     feasibility of providing a categorical exclusion for 
     streetcar, bus rapid transit, and light rail projects located 
     within an existing transportation right-of-way from the 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) in accordance with the Council on 
     Environmental Quality implementing regulations under parts 
     1500 through 1508 of title 40, Code of Federal Regulations, 
     or any successor thereto.
       ``(2) Findings and rules.--Not later than 1 year after the 
     date of enactment of the Federal Public Transportation Act of 
     2012, the Secretary shall issue findings and, if appropriate, 
     issue rules to provide categorical exclusions for suitable 
     categories of projects.''.

     SEC. 40018. CONTRACT REQUIREMENTS.

       Section 5325 of title 49, United States Code, is amended--
       (1) in subsection (h), by striking ``Federal Public 
     Transportation Act of 2005'' and inserting ``Federal Public 
     Transportation Act of 2012'';
       (2) in subsection (j)(2)(C), by striking ``, including the 
     performance reported in the Contractor Performance Assessment 
     Reports required under section 5309(l)(2)''; and
       (3) by adding at the end the following:
       ``(k) Veterans Employment.--Recipients and subrecipients of 
     Federal financial assistance under this chapter shall ensure 
     that contractors working on a capital project funded using 
     such assistance give a hiring preference to veterans, as 
     defined in section 2108 of title 5, who have the requisite 
     skills and abilities to perform the construction work 
     required under the contract.''.

     SEC. 40019. TRANSIT ASSET MANAGEMENT.

       Section 5326 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5326. Transit asset management

       ``(a) Definitions.--In this section the following 
     definitions shall apply:
       ``(1) Capital asset.--The term `capital asset' includes 
     equipment, rolling stock, infrastructure, and facilities for 
     use in public transportation and owned or leased by a 
     recipient or subrecipient of Federal financial assistance 
     under this chapter.
       ``(2) Transit asset management plan.--The term `transit 
     asset management plan' means a plan developed by a recipient 
     of funding under this chapter that--
       ``(A) includes, at a minimum, capital asset inventories and 
     condition assessments, decision support tools, and investment 
     prioritization; and
       ``(B) the recipient certifies complies with the rule issued 
     under this section.
       ``(3) Transit asset management system.--The term `transit 
     asset management system' means a strategic and systematic 
     process of operating, maintaining, and improving public 
     transportation capital assets effectively throughout the life 
     cycle of such assets.
       ``(b) Transit Asset Management System.--The Secretary shall 
     establish and implement a national transit asset management 
     system, which shall include--
       ``(1) a definition of the term `state of good repair' that 
     includes objective standards for measuring the condition of 
     capital assets of recipients, including equipment, rolling 
     stock, infrastructure, and facilities;
       ``(2) a requirement that recipients and subrecipients of 
     Federal financial assistance under this chapter develop a 
     transit asset management plan;
       ``(3) a requirement that each recipient of Federal 
     financial assistance under this chapter report on the 
     condition of the system of the recipient and provide a 
     description of any change in condition since the last report;
       ``(4) an analytical process or decision support tool for 
     use by public transportation systems that--
       ``(A) allows for the estimation of capital investment needs 
     of such systems over time; and
       ``(B) assists with asset investment prioritization by such 
     systems; and
       ``(5) technical assistance to recipients of Federal 
     financial assistance under this chapter.
       ``(c) Performance Measures and Targets.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Federal Public Transportation Act of 2012, 
     the Secretary shall issue a final rule to establish 
     performance measures based on the state of good repair 
     standards established under subsection (b)(1).
       ``(2) Targets.--Not later than 3 months after the date on 
     which the Secretary issues a final rule under paragraph (1), 
     and each fiscal year thereafter, each recipient of Federal 
     financial assistance under this chapter shall establish 
     performance targets in relation to the performance measures 
     established by the Secretary.
       ``(3) Reports.--Each recipient of Federal financial 
     assistance under this chapter shall submit to the Secretary 
     an annual report that describes--
       ``(A) the progress of the recipient during the fiscal year 
     to which the report relates toward meeting the performance 
     targets established under paragraph (2) for that fiscal year; 
     and
       ``(B) the performance targets established by the recipient 
     for the subsequent fiscal year.
       ``(d) Rulemaking.--Not later than 1 year after the date of 
     enactment of the Federal Public Transportation Act of 2012, 
     the Secretary shall issue a final rule to implement the 
     transit asset management system described in subsection 
     (b).''.

     SEC. 40020. PROJECT MANAGEMENT OVERSIGHT.

       Section 5327 of title 49, United States Code, is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``United States'' and all that follows through ``Secretary of 
     Transportation'' and inserting the following: ``Federal 
     financial assistance for a major capital project for public 
     transportation under this chapter or any other provision of 
     Federal law, a recipient must prepare a project management 
     plan approved by the Secretary and carry out the project in 
     accordance with the project management plan''; and
       (B) in paragraph (12), by striking ``each month'' and 
     inserting ``quarterly'';
       (2) by striking subsections (c), (d), and (f);
       (3) by inserting after subsection (b) the following:
       ``(c) Access to Sites and Records.--Each recipient of 
     Federal financial assistance for public transportation under 
     this chapter or any other provision of Federal law shall 
     provide the Secretary and a contractor the Secretary chooses 
     under section 5338(g) with access to the construction sites 
     and records of the recipient when reasonably necessary.'';
       (4) by redesignating subsection (e) as subsection (d); and
       (5) in subsection (d), as so redesignated--
       (A) in paragraph (1), by striking ``subsection (c) of this 
     section'' and inserting ``section 5338(g)''; and
       (B) in paragraph (2)--
       (i) by striking ``preliminary engineering stage'' and 
     inserting ``project development phase''; and
       (ii) by striking ``another stage'' and inserting ``another 
     phase''.

     SEC. 40021. PUBLIC TRANSPORTATION SAFETY.

       (a) Public Transportation Safety Program.--Section 5329 of 
     title 49, United States Code, is amended to read as follows:

     ``Sec. 5329. Public transportation safety program

       ``(a) Definition.--In this section, the term `recipient' 
     means a State or local governmental authority, or any other 
     operator of a public transportation system, that receives 
     financial assistance under this chapter.
       ``(b) National Public Transportation Safety Plan.--
       ``(1) In general.--The Secretary shall create and implement 
     a national public transportation safety plan to improve the 
     safety of all public transportation systems that receive 
     funding under this chapter.
       ``(2) Contents of plan.--The national public transportation 
     safety plan under paragraph (1) shall include--
       ``(A) safety performance criteria for all modes of public 
     transportation;
       ``(B) the definition of the term `state of good repair' 
     established under section 5326(b);
       ``(C) minimum safety performance standards for public 
     transportation vehicles used in revenue operations that--
       ``(i) do not apply to rolling stock otherwise regulated by 
     the Secretary or any other Federal agency; and
       ``(ii) to the extent practicable, take into consideration--

       ``(I) relevant recommendations of the National 
     Transportation Safety Board; and
       ``(II) recommendations of, and best practices standards 
     developed by, the public transportation industry; and

       ``(D) a public transportation safety certification training 
     program, as described in subsection (c).
       ``(c) Public Transportation Safety Certification Training 
     Program.--
       ``(1) In general.--The Secretary shall establish a public 
     transportation safety certification training program for 
     Federal and State employees, or other designated personnel, 
     who conduct safety audits and examinations of public 
     transportation systems and employees of public transportation 
     agencies directly responsible for safety oversight.

[[Page S530]]

       ``(2) Interim provisions.--Not later than 90 days after the 
     date of enactment of the Federal Public Transportation Act of 
     2012, the Secretary shall establish interim provisions for 
     the certification and training of the personnel described in 
     paragraph (1), which shall be in effect until the effective 
     date of the final rule issued by the Secretary to implement 
     this subsection.
       ``(d) Public Transportation Agency Safety Plan.--
       ``(1) In general.--Effective 1 year after the effective 
     date of a final rule issued by the Secretary to carry out 
     this subsection, each recipient shall certify that the 
     recipient has established a comprehensive agency safety plan 
     that includes, at a minimum--
       ``(A) a requirement that the board of directors (or 
     equivalent entity) of the recipient approve the agency safety 
     plan and any updates to the agency safety plan;
       ``(B) methods for identifying and evaluating safety risks 
     throughout all elements of the public transportation system 
     of the recipient;
       ``(C) strategies to minimize the exposure of the public, 
     personnel, and property to hazards and unsafe conditions;
       ``(D) a process and timeline for conducting an annual 
     review and update of the safety plan of the recipient;
       ``(E) performance targets based on the safety performance 
     criteria and state of good repair standards established under 
     subparagraphs (A) and (B), respectively, of subsection 
     (b)(2);
       ``(F) assignment of an adequately trained safety officer 
     who reports directly to the general manager, president, or 
     equivalent officer of the recipient; and
       ``(G) a comprehensive staff training program for the 
     operations personnel and personnel directly responsible for 
     safety of the recipient that includes--
       ``(i) the completion of a safety training program; and
       ``(ii) continuing safety education and training.
       ``(2) Interim agency safety plan.--A system safety plan 
     developed pursuant to part 659 of title 49, Code of Federal 
     Regulations, as in effect on the date of enactment of the 
     Federal Public Transportation Act of 2012, shall remain in 
     effect until such time as this subsection takes effect.
       ``(e) State Safety Oversight Program.--
       ``(1) Applicability.--This subsection applies only to 
     eligible States.
       ``(2) Definition.--In this subsection, the term `eligible 
     State' means a State that has--
       ``(A) a rail fixed guideway public transportation system 
     within the jurisdiction of the State that is not subject to 
     regulation by the Federal Railroad Administration; or
       ``(B) a rail fixed guideway public transportation system in 
     the engineering or construction phase of development within 
     the jurisdiction of the State that will not be subject to 
     regulation by the Federal Railroad Administration.
       ``(3) In general.--In order to obligate funds apportioned 
     under section 5338 to carry out this chapter, effective 3 
     years after the date on which a final rule under this 
     subsection becomes effective, an eligible State shall have in 
     effect a State safety oversight program approved by the 
     Secretary under which the State--
       ``(A) assumes responsibility for overseeing rail fixed 
     guideway public transportation safety;
       ``(B) adopts and enforces Federal law on rail fixed 
     guideway public transportation safety;
       ``(C) establishes a State safety oversight agency;
       ``(D) determines, in consultation with the Secretary, an 
     appropriate staffing level for the State safety oversight 
     agency that is commensurate with the number, size, and 
     complexity of the rail fixed guideway public transportation 
     systems in the eligible State;
       ``(E) requires that employees and other designated 
     personnel of the eligible State safety oversight agency who 
     are responsible for rail fixed guideway public transportation 
     safety oversight are qualified to perform such functions 
     through appropriate training, including successful completion 
     of the public transportation safety certification training 
     program established under subsection (c); and
       ``(F) prohibits any public transportation agency from 
     providing funds to the State safety oversight agency or an 
     entity designated by the eligible State as the State safety 
     oversight agency under paragraph (4).
       ``(4) State safety oversight agency.--
       ``(A) In general.--Each State safety oversight program 
     shall establish a State safety oversight agency that--
       ``(i) is an independent legal entity responsible for the 
     safety of rail fixed guideway public transportation systems;
       ``(ii) is financially and legally independent from any 
     public transportation entity that the State safety oversight 
     agency oversees;
       ``(iii) does not fund, promote, or provide public 
     transportation services;
       ``(iv) does not employ any individual who is also 
     responsible for the administration of public transportation 
     programs;
       ``(v) has the authority to review, approve, oversee, and 
     enforce the implementation by the rail fixed guideway public 
     transportation agency of the public transportation agency 
     safety plan required under subsection (d);
       ``(vi) has investigative and enforcement authority with 
     respect to the safety of rail fixed guideway public 
     transportation systems of the eligible State;
       ``(vii) audits, at least once triennially, the compliance 
     of the rail fixed guideway public transportation systems in 
     the eligible State subject to this subsection with the public 
     transportation agency safety plan required under subsection 
     (d); and
       ``(viii) provides, at least once annually, a status report 
     on the safety of the rail fixed guideway public 
     transportation systems the State safety oversight agency 
     oversees to--

       ``(I) the Federal Transit Administration;
       ``(II) the Governor of the eligible State; and
       ``(III) the board of directors, or equivalent entity, of 
     any rail fixed guideway public transportation system that the 
     State safety oversight agency oversees.

       ``(B) Waiver.--At the request of an eligible State, the 
     Secretary may waive clauses (i) and (iii) of subparagraph (A) 
     for eligible States with 1 or more rail fixed guideway 
     systems in revenue operations, design, or construction, 
     that--
       ``(i) have fewer than 1,000,000 combined actual and 
     projected rail fixed guideway revenue miles per year; or
       ``(ii) provide fewer than 10,000,000 combined actual and 
     projected unlinked passenger trips per year.
       ``(5) Enforcement.--Each State safety oversight agency 
     shall have the authority to request that the Secretary take 
     enforcement actions available under subsection (g) against a 
     rail fixed guideway public transportation system that is not 
     in compliance with Federal safety laws.
       ``(6) Programs for multi-state rail fixed guideway public 
     transportation systems.--An eligible State that has within 
     the jurisdiction of the eligible State a rail fixed guideway 
     public transportation system that operates in more than 1 
     eligible State shall--
       ``(A) jointly with all other eligible States in which the 
     rail fixed guideway public transportation system operates, 
     ensure uniform safety standards and enforcement procedures 
     that shall be in compliance with this section, and establish 
     and implement a State safety oversight program approved by 
     the Secretary; or
       ``(B) jointly with all other eligible States in which the 
     rail fixed guideway public transportation system operates, 
     designate an entity having characteristics consistent with 
     the characteristics described in paragraph (3) to carry out 
     the State safety oversight program approved by the Secretary.
       ``(7) Grants.--
       ``(A) In general.--The Secretary may make a grant to an 
     eligible State to develop or carry out a State safety 
     oversight program, if the eligible State submits--
       ``(i) a proposal for the establishment of a State safety 
     oversight program to the Secretary for review and written 
     approval before implementing a State safety oversight 
     program; and
       ``(ii) any amendment to the State safety oversight program 
     of the eligible State to the Secretary for review not later 
     than 60 days before the effective date of the amendment.
       ``(B) Determination by secretary.--
       ``(i) In general.--The Secretary shall transmit written 
     approval to an eligible State that submits a State safety 
     oversight program, if the Secretary determines the State 
     safety oversight program meets the requirements of this 
     subsection and the State safety oversight program is adequate 
     to promote the purposes of this section.
       ``(ii) Amendment.--The Secretary shall transmit to an 
     eligible State that submits an amendment under subparagraph 
     (A)(ii) a written determination with respect to the 
     amendment.
       ``(iii) No written decision.--If an eligible State does not 
     receive a written decision from the Secretary with respect to 
     an amendment submitted under subparagraph (A)(ii) before the 
     end of the 60-day period beginning on the date on which the 
     eligible State submits the amendment, the amendment shall be 
     deemed to be approved.
       ``(iv) Disapproval.--If the Secretary determines that a 
     State safety oversight program does not meet the requirements 
     of this subsection, the Secretary shall transmit to the 
     eligible State a written explanation and allow the eligible 
     State to modify and resubmit the State safety oversight 
     program for approval.
       ``(C) Government share.--
       ``(i) In general.--The Government share of the reasonable 
     cost of a State safety oversight program developed or carried 
     out using a grant under this paragraph shall be 80 percent.
       ``(ii) In-kind contributions.--Any calculation of the non-
     Government share of a State safety oversight program shall 
     include in-kind contributions by an eligible State.
       ``(iii) Non-government share.--The non-Government share of 
     the cost of a State safety oversight program developed or 
     carried out using a grant under this paragraph may not be met 
     by--

       ``(I) any Federal funds;
       ``(II) any funds received from a public transportation 
     agency; or
       ``(III) any revenues earned by a public transportation 
     agency.

       ``(iv) Safety training program.--The Secretary may 
     reimburse an eligible State or a recipient for the full costs 
     of participation in the public transportation safety 
     certification training program established under subsection 
     (c) by an employee of a State safety oversight agency or a 
     recipient who is directly responsible for safety oversight.

[[Page S531]]

       ``(8) Continual evaluation of program.--The Secretary shall 
     continually evaluate the implementation of a State safety 
     oversight program by a State safety oversight agency, on the 
     basis of--
       ``(A) reports submitted by the State safety oversight 
     agency under paragraph (4)(A)(viii); and
       ``(B) audits carried out by the Secretary.
       ``(9) Inadequate program.--
       ``(A) In general.--If the Secretary finds that a State 
     safety oversight program approved by the Secretary is not 
     being carried out in accordance with this section or has 
     become inadequate to ensure the enforcement of Federal safety 
     regulations, the Secretary shall--
       ``(i) transmit to the eligible State a written explanation 
     of the reason the program has become inadequate and inform 
     the State of the intention to withhold funds, including the 
     amount of funds proposed to be withheld under this section, 
     or withdraw approval of the State safety oversight program; 
     and
       ``(ii) allow the eligible State a reasonable period of time 
     to modify the State safety oversight program or 
     implementation of the program and submit an updated proposal 
     for the State safety oversight program to the Secretary for 
     approval.
       ``(B) Failure to correct.--If the Secretary determines that 
     a modification by an eligible State of the State safety 
     oversight program is not sufficient to ensure the enforcement 
     of Federal safety regulations, the Secretary may--
       ``(i) withhold funds available under this section in an 
     amount determined by the Secretary; or
       ``(ii) provide written notice of withdrawal of State safety 
     oversight program approval.
       ``(C) Temporary oversight.--In the event the Secretary 
     takes action under subparagraph (B)(ii), the Secretary shall 
     provide oversight of the rail fixed guideway systems in an 
     eligible State until the State submits a State safety 
     oversight program approved by the Secretary.
       ``(D) Restoration.--
       ``(i) Correction.--The eligible State shall address any 
     inadequacy to the satisfaction of the Secretary prior to the 
     Secretary restoring funds withheld under this paragraph.
       ``(ii) Availability and reallocation.--Any funds withheld 
     under this paragraph shall remain available for restoration 
     to the eligible State until the end of the first fiscal year 
     after the fiscal year in which the funds were withheld, after 
     which time the funds shall be available to the Secretary for 
     allocation to other eligible States under this section.
       ``(10) Federal oversight.--The Secretary shall--
       ``(A) oversee the implementation of each State safety 
     oversight program under this subsection;
       ``(B) audit the operations of each State safety oversight 
     agency at least once triennially; and
       ``(C) issue rules to carry out this subsection.
       ``(f) Authority of Secretary.--In carrying out this 
     section, the Secretary may--
       ``(1) conduct inspections, investigations, audits, 
     examinations, and testing of the equipment, facilities, 
     rolling stock, and operations of the public transportation 
     system of a recipient;
       ``(2) make reports and issue directives with respect to the 
     safety of the public transportation system of a recipient;
       ``(3) in conjunction with an accident investigation or an 
     investigation into a pattern or practice of conduct that 
     negatively affects public safety, issue a subpoena to, and 
     take the deposition of, any employee of a recipient or a 
     State safety oversight agency, if--
       ``(A) before the issuance of the subpoena, the Secretary 
     requests a determination by the Attorney General of the 
     United States as to whether the subpoena will interfere with 
     an ongoing criminal investigation; and
       ``(B) the Attorney General--
       ``(i) determines that the subpoena will not interfere with 
     an ongoing criminal investigation; or
       ``(ii) fails to make a determination under clause (i) 
     before the date that is 30 days after the date on which the 
     Secretary makes a request under subparagraph (A);
       ``(4) require the production of documents by, and prescribe 
     recordkeeping and reporting requirements for, a recipient or 
     a State safety oversight agency;
       ``(5) investigate public transportation accidents and 
     incidents and provide guidance to recipients regarding 
     prevention of accidents and incidents;
       ``(6) at reasonable times and in a reasonable manner, enter 
     and inspect equipment, facilities, rolling stock, operations, 
     and relevant records of the public transportation system of a 
     recipient; and
       ``(7) issue rules to carry out this section.
       ``(g) Enforcement Actions.--
       ``(1) Types of enforcement actions.--The Secretary may take 
     enforcement action against a recipient that does not comply 
     with Federal law with respect to the safety of the public 
     transportation system, including--
       ``(A) issuing directives;
       ``(B) requiring more frequent oversight of the recipient by 
     a State safety oversight agency or the Secretary;
       ``(C) imposing more frequent reporting requirements;
       ``(D) requiring that any Federal financial assistance 
     provided under this chapter be spent on correcting safety 
     deficiencies identified by the Secretary or the State safety 
     oversight agency before such funds are spent on other 
     projects;
       ``(E) subject to paragraph (2), withholding Federal 
     financial assistance, in an amount to be determined by the 
     Secretary, from the recipient, until such time as the 
     recipient comes into compliance with this section; and
       ``(F) subject to paragraph (3), imposing a civil penalty, 
     in an amount to be determined by the Secretary.
       ``(2) Use or withholding of funds.--
       ``(A) In general.--The Secretary may require the use of 
     funds in accordance with paragraph (1)(D), or withhold funds 
     under paragraph (1)(E), only if the Secretary finds that a 
     recipient is engaged in a pattern or practice of serious 
     safety violations or has otherwise refused to comply with 
     Federal law relating to the safety of the public 
     transportation system.
       ``(B) Notice.--Before withholding funds from a recipient 
     under paragraph (1)(E), the Secretary shall provide to the 
     recipient--
       ``(i) written notice of a violation and the amount proposed 
     to be withheld; and
       ``(ii) a reasonable period of time within which the 
     recipient may address the violation or propose and initiate 
     an alternative means of compliance that the Secretary 
     determines is acceptable.
       ``(C) Failure to address.--If the recipient does not 
     address the violation or propose an alternative means of 
     compliance that the Secretary determines is acceptable within 
     the period of time specified in the written notice, the 
     Secretary may withhold funds under paragraph (1)(E).
       ``(D) Restoration.--
       ``(i) Correction.--The recipient shall address any 
     violation to the satisfaction of the Secretary prior to the 
     Secretary restoring funds withheld under paragraph (1)(E).
       ``(ii) Availability and reallocation.--Any funds withheld 
     under paragraph (1)(E) shall remain available for restoration 
     to the recipient until the end of the first fiscal year after 
     the fiscal year in which the funds were withheld, after which 
     time the funds shall be available to the Secretary for 
     allocation to other eligible recipients.
       ``(E) Notification.--Not later than 3 days before taking 
     any action under subparagraph (C), the Secretary shall notify 
     the Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives of such action.
       ``(3) Civil penalties.--
       ``(A) Imposition of civil penalties.--
       ``(i) In general.--The Secretary may impose a civil penalty 
     under paragraph (1)(F) only if--

       ``(I) the Secretary has exhausted the enforcement actions 
     available under subparagraphs (A) through (E) of paragraph 
     (1); and
       ``(II) the recipient continues to be in violation of 
     Federal safety law.

       ``(ii) Exception.--The Secretary may waive the requirement 
     under clause (i)(I) if the Secretary determines that such a 
     waiver is in the public interest.
       ``(B) Notice.--Before imposing a civil penalty on a 
     recipient under paragraph (1)(F), the Secretary shall provide 
     to the recipient--
       ``(i) written notice of any violation and the penalty 
     proposed to be imposed; and
       ``(ii) a reasonable period of time within which the 
     recipient may address the violation or propose and initiate 
     an alternative means of compliance that the Secretary 
     determines is acceptable.
       ``(C) Failure to address.--If the recipient does not 
     address the violation or propose an alternative means of 
     compliance that the Secretary determines is acceptable within 
     the period of time specified in the written notice, the 
     Secretary may impose a civil penalty under paragraph (1)(F).
       ``(D) Notification.--Not later than 3 days before taking 
     any action under subparagraph (C), the Secretary shall notify 
     the Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives of such action.
       ``(E) Deposit of civil penalties.--Any amounts collected by 
     the Secretary under this paragraph shall be deposited into 
     the Mass Transit Account of the Highway Trust Fund.
       ``(4) Enforcement by the attorney general.--At the request 
     of the Secretary, the Attorney General may bring a civil 
     action--
       ``(A) for appropriate injunctive relief to ensure 
     compliance with this section;
       ``(B) to collect a civil penalty imposed under paragraph 
     (1)(F); and
       ``(C) to enforce a subpoena, request for admissions, 
     request for production of documents or other tangible things, 
     or request for testimony by deposition issued by the 
     Secretary under this section.
       ``(h) Cost-benefit Analysis.--
       ``(1) Analysis required.--In carrying out this section, the 
     Secretary shall take into consideration the costs and 
     benefits of each action the Secretary proposes to take under 
     this section.
       ``(2) Waiver.--The Secretary may waive the requirement 
     under this subsection if the Secretary determines that such a 
     waiver is in the public interest.
       ``(i) Consultation by the Secretary of Homeland Security.--
     The Secretary of Homeland Security shall consult with the 
     Secretary of Transportation before the Secretary of Homeland 
     Security issues a rule or order that the Secretary of 
     Transportation determines affects the safety of public 
     transportation design, construction, or operations.
       ``(j) Preemption of State Law.--

[[Page S532]]

       ``(1) National uniformity of regulation.--Laws, 
     regulations, and orders related to public transportation 
     safety shall be nationally uniform to the extent practicable.
       ``(2) In general.--A State may adopt or continue in force a 
     law, regulation, or order related to the safety of public 
     transportation until the Secretary issues a rule or order 
     covering the subject matter of the State requirement.
       ``(3) More stringent law.--A State may adopt or continue in 
     force a law, regulation, or order related to the safety of 
     public transportation that is consistent with, in addition 
     to, or more stringent than a regulation or order of the 
     Secretary if the Secretary determines that the law, 
     regulation, or order--
       ``(A) has a safety benefit;
       ``(B) is not incompatible with a law, regulation, or order, 
     or the terms and conditions of a financial assistance 
     agreement of the United States Government; and
       ``(C) does not unreasonably burden interstate commerce.
       ``(4) Actions under state law.--
       ``(A) Rule of construction.--Nothing in this section shall 
     be construed to preempt an action under State law seeking 
     damages for personal injury, death, or property damage 
     alleging that a party has failed to comply with--
       ``(i) a Federal standard of care established by a 
     regulation or order issued by the Secretary under this 
     section;
       ``(ii) its own program, rule, or standard that it created 
     pursuant to a rule or order issued by the Secretary; or
       ``(iii) a State law, regulation, or order that is not 
     incompatible with paragraph (2).
       ``(B) Effective date.--This paragraph shall apply to any 
     cause of action under State law arising from an event or 
     activity occurring on or after the date of enactment of the 
     Federal Public Transportation Act of 2012.
       ``(5) Jurisdiction.--Nothing in this section shall be 
     construed to create a cause of action under Federal law on 
     behalf of an injured party or confer Federal question 
     jurisdiction for a State law cause of action.
       ``(k) Annual Report.--The Secretary shall submit to the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives an annual report that--
       ``(1) analyzes public transportation safety trends among 
     the States and documents the most effective safety programs 
     implemented using grants under this section; and
       ``(2) describes the effect on public transportation safety 
     of activities carried out using grants under this section.''.
       (b) Bus Safety Study.--
       (1) Definition.--In this subsection, the term ``highway 
     route'' means a route where 50 percent or more of the route 
     is on roads having a speed limit of more than 45 miles per 
     hour.
       (2) Study.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     submit to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     that--
       (A) examines the safety of public transportation buses that 
     travel on highway routes;
       (B) examines laws and regulations that apply to commercial 
     over-the-road buses; and
       (C) makes recommendations as to whether additional safety 
     measures should be required for public transportation buses 
     that travel on highway routes.

     SEC. 40022. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.

       Section 5331(b)(2) of title 49, United States Code, is 
     amended--
       (1) by redesignating subparagraphs (A) and (B) as 
     subparagraphs (B) and (C), respectively; and
       (2) by inserting before subparagraph (B), as so 
     redesignated, the following:
       ``(A) shall establish and implement an enforcement program 
     that includes the imposition of penalties for failure to 
     comply with this section;''.

     SEC. 40023. NONDISCRIMINATION.

       (a) Amendments.--Section 5332 of title 49, United States 
     Code, is amended--
       (1) in subsection (b)--
       (A) by striking ``creed'' and inserting ``religion''; and
       (B) by inserting ``disability,'' after ``sex,''; and
       (2) in subsection (d)(3), by striking ``and'' and inserting 
     ``or''.
       (b) Evaluation and Report.--
       (1) Evaluation.--The Comptroller General of the United 
     States shall evaluate the progress and effectiveness of the 
     Federal Transit Administration in assisting recipients of 
     assistance under chapter 53 of title 49, United States Code, 
     to comply with section 5332(b) of title 49, including--
       (A) by reviewing discrimination complaints, reports, and 
     other relevant information collected or prepared by the 
     Federal Transit Administration or recipients of assistance 
     from the Federal Transit Administration pursuant to any 
     applicable civil rights statute, regulation, or other 
     requirement; and
       (B) by reviewing the process that the Federal Transit 
     Administration uses to resolve discrimination complaints 
     filed by members of the public.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Banking, Housing, and Urban Affairs of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     concerning the evaluation under paragraph (1) that includes--
       (A) a description of the ability of the Federal Transit 
     Administration to address discrimination and foster equal 
     opportunities in federally funded public transportation 
     projects, programs, and activities;
       (B) recommendations for improvements if the Comptroller 
     General determines that improvements are necessary; and
       (C) information upon which the evaluation under paragraph 
     (1) is based.

     SEC. 40024. LABOR STANDARDS.

       Section 5333(b) of title 49, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``sections 5307-5312, 
     5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 
     5338(b)'' each place that term appears and inserting 
     ``sections 5307, 5308, 5309, 5311, and 5337''; and
       (2) in paragraph (5), by inserting ``of Labor'' after 
     ``Secretary''.

     SEC. 40025. ADMINISTRATIVE PROVISIONS.

       Section 5334 of title 49, United States Code, is amended--
       (1) in subsection (a)(1), by striking ``under sections 5307 
     and 5309-5311 of this title'' and inserting ``that receives 
     Federal financial assistance under this chapter'';
       (2) in subsection (b)(1)--
       (A) by inserting after ``emergency,'' the following: ``or 
     for purposes of establishing and enforcing a program to 
     improve the safety of public transportation systems in the 
     United States,''; and
       (B) by striking ``chapter, nor may the Secretary'' and 
     inserting ``chapter. The Secretary may not'';
       (3) in subsection (c)(4), by striking ``section (except 
     subsection (i)) and sections 5318(e), 5323(a)(2), 5325(a), 
     5325(b), and 5325(f)'' and inserting ``subsection'';
       (4) in subsection (h)(3), by striking ``another'' and 
     inserting ``any other'';
       (5) in subsection (i)(1), by striking ``title 23 shall'' 
     and inserting ``title 23 may'';
       (6) by striking subsection (j); and
       (7) by redesignating subsections (k) and (l) as subsections 
     (j) and (k), respectively.

     SEC. 40026. NATIONAL TRANSIT DATABASE.

       Section 5335 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(c) Data Required To Be Reported.--The recipient of a 
     grant under this chapter shall report to the Secretary, for 
     inclusion in the National Transit Database, any information 
     relating to--
       ``(1) the causes of a reportable incident, as defined by 
     the Secretary; and
       ``(2) a transit asset inventory or condition assessment 
     conducted by the recipient.''.

     SEC. 40027. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA 
                   GRANTS.

       Section 5336 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5336. Apportionment of appropriations for formula 
       grants

       ``(a) Based on Urbanized Area Population.--Of the amount 
     apportioned under subsection (h)(4) to carry out section 
     5307--
       ``(1) 9.32 percent shall be apportioned each fiscal year 
     only in urbanized areas with a population of less than 
     200,000 so that each of those areas is entitled to receive an 
     amount equal to--
       ``(A) 50 percent of the total amount apportioned multiplied 
     by a ratio equal to the population of the area divided by the 
     total population of all urbanized areas with populations of 
     less than 200,000 as shown in the most recent decennial 
     census; and
       ``(B) 50 percent of the total amount apportioned multiplied 
     by a ratio for the area based on population weighted by a 
     factor, established by the Secretary, of the number of 
     inhabitants in each square mile; and
       ``(2) 90.68 percent shall be apportioned each fiscal year 
     only in urbanized areas with populations of at least 200,000 
     as provided in subsections (b) and (c) of this section.
       ``(b) Based on Fixed Guideway Vehicle Revenue Miles, 
     Directional Route Miles, and Passenger Miles.--(1) In this 
     subsection, `fixed guideway vehicle revenue miles' and `fixed 
     guideway directional route miles' include passenger ferry 
     operations directly or under contract by the designated 
     recipient.
       ``(2) Of the amount apportioned under subsection (a)(2) of 
     this section, 33.29 percent shall be apportioned as follows:
       ``(A) 95.61 percent of the total amount apportioned under 
     this subsection shall be apportioned so that each urbanized 
     area with a population of at least 200,000 is entitled to 
     receive an amount equal to--
       ``(i) 60 percent of the 95.61 percent apportioned under 
     this subparagraph multiplied by a ratio equal to the number 
     of fixed guideway vehicle revenue miles attributable to the 
     area, as established by the Secretary, divided by the total 
     number of all fixed guideway vehicle revenue miles 
     attributable to all areas; and
       ``(ii) 40 percent of the 95.61 percent apportioned under 
     this subparagraph multiplied by a ratio equal to the number 
     of fixed guideway directional route miles attributable to the 
     area, established by the Secretary, divided by the total 
     number of all fixed guideway directional route miles 
     attributable to all areas.
     An urbanized area with a population of at least 750,000 in 
     which commuter rail transportation is provided shall receive 
     at least

[[Page S533]]

     .75 percent of the total amount apportioned under this 
     subparagraph.
       ``(B) 4.39 percent of the total amount apportioned under 
     this subsection shall be apportioned so that each urbanized 
     area with a population of at least 200,000 is entitled to 
     receive an amount equal to--
       ``(i) the number of fixed guideway vehicle passenger miles 
     traveled multiplied by the number of fixed guideway vehicle 
     passenger miles traveled for each dollar of operating cost in 
     an area; divided by
       ``(ii) the total number of fixed guideway vehicle passenger 
     miles traveled multiplied by the total number of fixed 
     guideway vehicle passenger miles traveled for each dollar of 
     operating cost in all areas.
     An urbanized area with a population of at least 750,000 in 
     which commuter rail transportation is provided shall receive 
     at least .75 percent of the total amount apportioned under 
     this subparagraph.
       ``(C) Under subparagraph (A) of this paragraph, fixed 
     guideway vehicle revenue or directional route miles, and 
     passengers served on those miles, in an urbanized area with a 
     population of less than 200,000, where the miles and 
     passengers served otherwise would be attributable to an 
     urbanized area with a population of at least 1,000,000 in an 
     adjacent State, are attributable to the governmental 
     authority in the State in which the urbanized area with a 
     population of less than 200,000 is located. The authority is 
     deemed an urbanized area with a population of at least 
     200,000 if the authority makes a contract for the service.
       ``(D) A recipient's apportionment under subparagraph (A)(i) 
     of this paragraph may not be reduced if the recipient, after 
     satisfying the Secretary that energy or operating 
     efficiencies would be achieved, reduces vehicle revenue miles 
     but provides the same frequency of revenue service to the 
     same number of riders.
       ``(c) Based on Bus Vehicle Revenue Miles and Passenger 
     Miles.--Of the amount apportioned under subsection (a)(2) of 
     this section, 66.71 percent shall be apportioned as follows:
       ``(1) 90.8 percent of the total amount apportioned under 
     this subsection shall be apportioned as follows:
       ``(A) 73.39 percent of the 90.8 percent apportioned under 
     this paragraph shall be apportioned so that each urbanized 
     area with a population of at least 1,000,000 is entitled to 
     receive an amount equal to--
       ``(i) 50 percent of the 73.39 percent apportioned under 
     this subparagraph multiplied by a ratio equal to the total 
     bus vehicle revenue miles operated in or directly serving the 
     urbanized area divided by the total bus vehicle revenue miles 
     attributable to all areas;
       ``(ii) 25 percent of the 73.39 percent apportioned under 
     this subparagraph multiplied by a ratio equal to the 
     population of the area divided by the total population of all 
     areas, as shown in the most recent decennial census; and
       ``(iii) 25 percent of the 73.39 percent apportioned under 
     this subparagraph multiplied by a ratio for the area based on 
     population weighted by a factor, established by the 
     Secretary, of the number of inhabitants in each square mile.
       ``(B) 26.61 percent of the 90.8 percent apportioned under 
     this paragraph shall be apportioned so that each urbanized 
     area with a population of at least 200,000 but not more than 
     999,999 is entitled to receive an amount equal to--
       ``(i) 50 percent of the 26.61 percent apportioned under 
     this subparagraph multiplied by a ratio equal to the total 
     bus vehicle revenue miles operated in or directly serving the 
     urbanized area divided by the total bus vehicle revenue miles 
     attributable to all areas;
       ``(ii) 25 percent of the 26.61 percent apportioned under 
     this subparagraph multiplied by a ratio equal to the 
     population of the area divided by the total population of all 
     areas, as shown by the most recent decennial census; and
       ``(iii) 25 percent of the 26.61 percent apportioned under 
     this subparagraph multiplied by a ratio for the area based on 
     population weighted by a factor, established by the 
     Secretary, of the number of inhabitants in each square mile.
       ``(2) 9.2 percent of the total amount apportioned under 
     this subsection shall be apportioned so that each urbanized 
     area with a population of at least 200,000 is entitled to 
     receive an amount equal to--
       ``(A) the number of bus passenger miles traveled multiplied 
     by the number of bus passenger miles traveled for each dollar 
     of operating cost in an area; divided by
       ``(B) the total number of bus passenger miles traveled 
     multiplied by the total number of bus passenger miles 
     traveled for each dollar of operating cost in all areas.
       ``(d) Date of Apportionment.--The Secretary shall--
       ``(1) apportion amounts appropriated under section 
     5338(a)(2)(C) of this title to carry out section 5307 of this 
     title not later than the 10th day after the date the amounts 
     are appropriated or October 1 of the fiscal year for which 
     the amounts are appropriated, whichever is later; and
       ``(2) publish apportionments of the amounts, including 
     amounts attributable to each urbanized area with a population 
     of more than 50,000 and amounts attributable to each State of 
     a multistate urbanized area, on the apportionment date.
       ``(e) Amounts Not Apportioned to Designated Recipients.--
     The Governor of a State may expend in an urbanized area with 
     a population of less than 200,000 an amount apportioned under 
     this section that is not apportioned to a designated 
     recipient, as defined in section 5302(4).
       ``(f) Transfers of Apportionments.--(1) The Governor of a 
     State may transfer any part of the State's apportionment 
     under subsection (a)(1) of this section to supplement amounts 
     apportioned to the State under section 5311(c)(3). The 
     Governor may make a transfer only after consulting with 
     responsible local officials and publicly owned operators of 
     public transportation in each area for which the amount 
     originally was apportioned under this section.
       ``(2) The Governor of a State may transfer any part of the 
     State's apportionment under section 5311(c)(3) to supplement 
     amounts apportioned to the State under subsection (a)(1) of 
     this section.
       ``(3) The Governor of a State may use throughout the State 
     amounts of a State's apportionment remaining available for 
     obligation at the beginning of the 90-day period before the 
     period of the availability of the amounts expires.
       ``(4) A designated recipient for an urbanized area with a 
     population of at least 200,000 may transfer a part of its 
     apportionment under this section to the Governor of a State. 
     The Governor shall distribute the transferred amounts to 
     urbanized areas under this section.
       ``(5) Capital and operating assistance limitations 
     applicable to the original apportionment apply to amounts 
     transferred under this subsection.
       ``(g) Period of Availability to Recipients.--An amount 
     apportioned under this section may be obligated by the 
     recipient for 5 years after the fiscal year in which the 
     amount is apportioned. Not later than 30 days after the end 
     of the 5-year period, an amount that is not obligated at the 
     end of that period shall be added to the amount that may be 
     apportioned under this section in the next fiscal year.
       ``(h) Apportionments.--Of the amounts made available for 
     each fiscal year under section 5338(a)(2)(C)--
       ``(1) $35,000,000 shall be set aside to carry out section 
     5307(i);
       ``(2) 3.07 percent shall be apportioned to urbanized areas 
     in accordance with subsection (j);
       ``(3) of amounts not apportioned under paragraphs (1) and 
     (2), 1 percent shall be apportioned to urbanized areas with 
     populations of less than 200,000 in accordance with 
     subsection (i); and
       ``(4) any amount not apportioned under paragraphs (1), (2), 
     and (3) shall be apportioned to urbanized areas in accordance 
     with subsections (a) through (c).
       ``(i) Small Transit Intensive Cities Formula.--
       ``(1) Definitions.--In this subsection, the following 
     definitions apply:
       ``(A) Eligible area.--The term `eligible area' means an 
     urbanized area with a population of less than 200,000 that 
     meets or exceeds in one or more performance categories the 
     industry average for all urbanized areas with a population of 
     at least 200,000 but not more than 999,999, as determined by 
     the Secretary in accordance with subsection (c)(2).
       ``(B) Performance category.--The term `performance 
     category' means each of the following:
       ``(i) Passenger miles traveled per vehicle revenue mile.
       ``(ii) Passenger miles traveled per vehicle revenue hour.
       ``(iii) Vehicle revenue miles per capita.
       ``(iv) Vehicle revenue hours per capita.
       ``(v) Passenger miles traveled per capita.
       ``(vi) Passengers per capita.
       ``(2) Apportionment.--
       ``(A) Apportionment formula.--The amount to be apportioned 
     under subsection (h)(3) shall be apportioned among eligible 
     areas in the ratio that--
       ``(i) the number of performance categories for which each 
     eligible area meets or exceeds the industry average in 
     urbanized areas with a population of at least 200,000 but not 
     more than 999,999; bears to
       ``(ii) the aggregate number of performance categories for 
     which all eligible areas meet or exceed the industry average 
     in urbanized areas with a population of at least 200,000 but 
     not more than 999,999.
       ``(B) Data used in formula.--The Secretary shall calculate 
     apportionments under this subsection for a fiscal year using 
     data from the national transit database used to calculate 
     apportionments for that fiscal year under this section.
       ``(j) Apportionment Formula.--The amounts apportioned under 
     subsection (h)(2) shall be apportioned among urbanized areas 
     as follows:
       ``(1) 75 percent of the funds shall be apportioned among 
     designated recipients for urbanized areas with a population 
     of 200,000 or more in the ratio that--
       ``(A) the number of eligible low-income individuals in each 
     such urbanized area; bears to
       ``(B) the number of eligible low-income individuals in all 
     such urbanized areas.
       ``(2) 25 percent of the funds shall be apportioned among 
     designated recipients for urbanized areas with a population 
     of less than 200,000 in the ratio that--
       ``(A) the number of eligible low-income individuals in each 
     such urbanized area; bears to
       ``(B) the number of eligible low-income individuals in all 
     such urbanized areas.''.

[[Page S534]]

     SEC. 40028. STATE OF GOOD REPAIR GRANTS.

       Section 5337 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5337. State of good repair grants

       ``(a) Definitions.--In this section, the following 
     definitions shall apply:
       ``(1) Fixed guideway.--The term `fixed guideway' means a 
     public transportation facility--
       ``(A) using and occupying a separate right-of-way for the 
     exclusive use of public transportation;
       ``(B) using rail;
       ``(C) using a fixed catenary system;
       ``(D) for a passenger ferry system; or
       ``(E) for a bus rapid transit system.
       ``(2) State.--The term `State' means the 50 States, the 
     District of Columbia, and Puerto Rico.
       ``(3) State of good repair.--The term `state of good 
     repair' has the meaning given that term by the Secretary, by 
     rule, under section 5326(b).
       ``(4) Transit asset management plan.--The term `transit 
     asset management plan' means a plan developed by a recipient 
     of funding under this chapter that--
       ``(A) includes, at a minimum, capital asset inventories and 
     condition assessments, decision support tools, and investment 
     prioritization; and
       ``(B) the recipient certifies that the recipient complies 
     with the rule issued under section 5326(d).
       ``(b) General Authority.--
       ``(1) Eligible projects.--The Secretary may make grants 
     under this section to assist State and local governmental 
     authorities in financing capital projects to maintain public 
     transportation systems in a state of good repair, including 
     projects to replace and rehabilitate--
       ``(A) rolling stock;
       ``(B) track;
       ``(C) line equipment and structures;
       ``(D) signals and communications;
       ``(E) power equipment and substations;
       ``(F) passenger stations and terminals;
       ``(G) security equipment and systems;
       ``(H) maintenance facilities and equipment;
       ``(I) operational support equipment, including computer 
     hardware and software;
       ``(J) development and implementation of a transit asset 
     management plan; and
       ``(K) other replacement and rehabilitation projects the 
     Secretary determines appropriate.
       ``(2) Inclusion in plan.--A recipient shall include a 
     project carried out under paragraph (1) in the transit asset 
     management plan of the recipient upon completion of the plan.
       ``(c) High Intensity Fixed Guideway State of Good Repair 
     Formula.--
       ``(1) In general.--Of the amount authorized or made 
     available under section 5338(a)(2)(M), $1,874,763,500 shall 
     be apportioned to recipients in accordance with this 
     subsection.
       ``(2) Area share.--
       ``(A) In general.--50 percent of the amount described in 
     paragraph (1) shall be apportioned for fixed guideway systems 
     in accordance with this paragraph.
       ``(B) Share.--A recipient shall receive an amount equal to 
     the amount described in subparagraph (A), multiplied by the 
     amount the recipient would have received under this section, 
     as in effect for fiscal year 2011, if the amount had been 
     calculated in accordance with section 5336(b)(1) and using 
     the definition of the term `fixed guideway' under subsection 
     (a) of this section, as such sections are in effect on the 
     day after the date of enactment of the Federal Public 
     Transportation Act of 2012, and divided by the total amount 
     apportioned for all areas under this section for fiscal year 
     2011.
       ``(C) Recipient.--For purposes of this paragraph, the term 
     `recipient' means an entity that received funding under this 
     section, as in effect for fiscal year 2011.
       ``(3) Vehicle revenue miles and directional route miles.--
       ``(A) In general.--50 percent of the amount described in 
     paragraph (1) shall be apportioned to recipients in 
     accordance with this paragraph.
       ``(B) Vehicle revenue miles.--A recipient in an urbanized 
     area shall receive an amount equal to 60 percent of the 
     amount described in subparagraph (A), multiplied by the 
     number of fixed guideway vehicle revenue miles attributable 
     to the urbanized area, as established by the Secretary, 
     divided by the total number of all fixed guideway vehicle 
     revenue miles attributable to all urbanized areas.
       ``(C) Directional route miles.--A recipient in an urbanized 
     area shall receive an amount equal to 40 percent of the 
     amount described in subparagraph (A), multiplied by the 
     number of fixed guideway directional route miles attributable 
     to the urbanized area, as established by the Secretary, 
     divided by the total number of all fixed guideway directional 
     route miles attributable to all urbanized areas.
       ``(4) Limitation.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the share of the total amount apportioned under this section 
     that is apportioned to an area under this subsection shall 
     not decrease by more than 0.25 percentage points compared to 
     the share apportioned to the area under this subsection in 
     the previous fiscal year.
       ``(B) Special rule for fiscal year 2012.--In fiscal year 
     2012, the share of the total amount apportioned under this 
     section that is apportioned to an area under this subsection 
     shall not decrease by more than 0.25 percentage points 
     compared to the share that would have been apportioned to the 
     area under this section, as in effect for fiscal year 2011, 
     if the share had been calculated using the definition of the 
     term `fixed guideway' under subsection (a) of this section, 
     as in effect on the day after the date of enactment of the 
     Federal Public Transportation Act of 2012.
       ``(5) Use of funds.--Amounts made available under this 
     subsection shall be available for the exclusive use of fixed 
     guideway projects.
       ``(6) Receiving apportionment.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     for an area with a fixed guideway system, the amounts 
     provided under this section shall be apportioned to the 
     designated recipient for the urbanized area in which the 
     system operates.
       ``(B) Exception.--An area described in the amendment made 
     by section 3028(a) of the Transportation Equity Act for the 
     21st Century (Public Law 105-178; 112 Stat. 366) shall 
     receive an individual apportionment under this subsection.
       ``(7) Apportionment requirements.--For purposes of 
     determining the number of fixed guideway vehicle revenue 
     miles or fixed guideway directional route miles attributable 
     to an urbanized area for a fiscal year under this subsection, 
     only segments of fixed guideway systems placed in revenue 
     service not later than 7 years before the first day of the 
     fiscal year shall be deemed to be attributable to an 
     urbanized area.
       ``(d) Fixed Guideway State of Good Repair Grant Program.--
       ``(1) In general.--The Secretary may make grants under this 
     section to assist State and local governmental authorities in 
     financing fixed guideway capital projects to maintain public 
     transportation systems in a state of good repair.
       ``(2) Competitive process.--The Secretary shall solicit 
     grant applications and make grants for eligible projects on a 
     competitive basis.
       ``(3) Priority consideration.--In making grants under this 
     subsection, the Secretary shall give priority to grant 
     applications received from recipients receiving an amount 
     under this section that is not less than 2 percent less than 
     the amount the recipient would have received under this 
     section, as in effect for fiscal year 2011, if the amount had 
     been calculated using the definition of the term `fixed 
     guideway' under subsection (a) of this section, as in effect 
     on the day after the date of enactment of the Federal Public 
     Transportation Act of 2012.
       ``(e) High Intensity Motorbus State of Good Repair.--
       ``(1) Definition.--For purposes of this subsection, the 
     term `fixed guideway motorbus' means public transportation 
     that is provided on a facility with access for other high-
     occupancy vehicles.
       ``(2) Apportionment.--Of the amount authorized or made 
     available under section 5338(a)(2)(M), $112,500,000 shall be 
     apportioned to urbanized areas for high intensity motorbus 
     state of good repair in accordance with this subsection.
       ``(3) Vehicle revenue miles and directional route miles.--
       ``(A) In general.--$60,000,000 of the amount described in 
     paragraph (2) shall be apportioned to each area in accordance 
     with this paragraph.
       ``(B) Vehicle revenue miles.--Each area shall receive an 
     amount equal to 60 percent of the amount described in 
     subparagraph (A), multiplied by the number of fixed guideway 
     motorbus vehicle revenue miles attributable to the area, as 
     established by the Secretary, divided by the total number of 
     all fixed guideway motorbus vehicle revenue miles 
     attributable to all areas.
       ``(C) Directional route miles.--Each area shall receive an 
     amount equal to 40 percent of the amount described in 
     subparagraph (A), multiplied by the number of fixed guideway 
     motorbus directional route miles attributable to the area, as 
     established by the Secretary, divided by the total number of 
     all fixed guideway motorbus directional route miles 
     attributable to all areas.
       ``(4) Special rule for fixed guideway motorbus.--
       ``(A) In general.--$52,500,000 of the amount described in 
     paragraph (2) shall be apportioned--
       ``(i) in accordance with this paragraph; and
       ``(ii) among urbanized areas within a State in the same 
     proportion as funds are apportioned within a State under 
     section 5336, except subsection (b), and shall be added to 
     such amounts.
       ``(B) Territories.--Of the amount described in subparagraph 
     (A), $500,000 shall be distributed among the territories, as 
     determined by the Secretary.
       ``(C) States.--Of the amount described in subparagraph (A), 
     each State shall receive $1,000,000.
       ``(5) Use of funds.--A recipient may transfer any part of 
     the apportionment under this subsection for use under 
     subsection (c).
       ``(6) Apportionment requirements.--For purposes of 
     determining the number of fixed guideway motorbus vehicle 
     revenue miles or fixed guideway motorbus directional route 
     miles attributable to an urbanized area for a fiscal year 
     under this subsection, only segments of fixed guideway 
     motorbus systems placed in revenue service not later than 7 
     years before the first day of the fiscal year shall be deemed 
     to be attributable to an urbanized area.''.

[[Page S535]]

     SEC. 40029. AUTHORIZATIONS.

       Section 5338 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5338. Authorizations

       ``(a) Formula Grants.--
       ``(1) In general.--There shall be available from the Mass 
     Transit Account of the Highway Trust Fund to carry out 
     sections 5305, 5307, 5308, 5310, 5311, 5312, 5313, 5314, 
     5315, 5322, 5335, and 5340, subsections (c) and (e) of 
     section 5337, and section 40005(b) of the Federal Public 
     Transportation Act of 2012, $8,360,565,000 for each of fiscal 
     years 2012 and 2013.
       ``(2) Allocation of funds.--Of the amounts made available 
     under paragraph (1)--
       ``(A) $124,850,000 for each of fiscal years 2012 and 2013 
     shall be available to carry out section 5305;
       ``(B) $20,000,000 for each of fiscal years 2012 and 2013 
     shall be available to carry out section 40005(b) of the 
     Federal Public Transportation Act of 2012;
       ``(C) $4,756,161,500 for each of fiscal years 2012 and 2013 
     shall be allocated in accordance with section 5336 to provide 
     financial assistance for urbanized areas under section 5307;
       ``(D) $65,150,000 for each of fiscal years 2012 and 2013 
     shall be available to carry out section 5308, of which not 
     less than $8,500,000 shall be used to carry out activities 
     under section 5312;
       ``(E) $248,600,000 for each of fiscal years 2012 and 2013 
     shall be available to provide financial assistance for 
     services for the enhanced mobility of seniors and individuals 
     with disabilities under section 5310;
       ``(F) $591,190,000 for each of fiscal years 2012 and 2013 
     shall be available to provide financial assistance for other 
     than urbanized areas under section 5311, of which not less 
     than $30,000,000 shall be available to carry out section 
     5311(c)(1) and $20,000,000 shall be available to carry out 
     section 5311(c)(2);
       ``(G) $34,000,000 for each of fiscal years 2012 and 2013 
     shall be available to carry out research, development, 
     demonstration, and deployment projects under section 5312;
       ``(H) $6,500,000 for each of fiscal years 2012 and 2013 
     shall be available to carry out a transit cooperative 
     research program under section 5313;
       ``(I) $4,500,000 for each of fiscal years 2012 and 2013 
     shall be available for technical assistance and standards 
     development under section 5314;
       ``(J) $5,000,000 for each of fiscal years 2012 and 2013 
     shall be available for the National Transit Institute under 
     section 5315;
       ``(K) $2,000,000 for each of fiscal years 2012 and 2013 
     shall be available for workforce development and human 
     resource grants under section 5322;
       ``(L) $3,850,000 for each of fiscal years 2012 and 2013 
     shall be available to carry out section 5335;
       ``(M) $1,987,263,500 for each of fiscal years 2012 and 2013 
     shall be available to carry out subsections (c) and (e) of 
     section 5337; and
       ``(N) $511,500,000 for each of fiscal years 2012 and 2013 
     shall be allocated in accordance with section 5340 to provide 
     financial assistance for urbanized areas under section 5307 
     and other than urbanized areas under section 5311.
       ``(b) Emergency Relief Program.--There are authorized to be 
     appropriated such sums as are necessary to carry out section 
     5306.
       ``(c) Capital Investment Grants.--There are authorized to 
     be appropriated to carry out section 5309, $1,955,000,000 for 
     each of fiscal years 2012 and 2013.
       ``(d) Paul S. Sarbanes Transit in the Parks.--There are 
     authorized to be appropriated to carry out section 5320, 
     $26,900,000 for each of fiscal years 2012 and 2013.
       ``(e) Fixed Guideway State of Good Repair Grant Program.--
     There are authorized to be appropriated to carry out section 
     5337(d), $7,463,000 for each of fiscal years 2012 and 2013.
       ``(f) Administration.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out section 5334, $108,350,000 for each of fiscal 
     years 2012 and 2013.
       ``(2) Section 5329.--Of the amounts authorized to be 
     appropriated under paragraph (1), not less than $10,000,000 
     shall be available to carry out section 5329.
       ``(3) Section 5326.--Of the amounts made available under 
     paragraph (2), not less than $1,000,000 shall be available to 
     carry out section 5326.
       ``(g) Oversight.--
       ``(1) In general.--Of the amounts made available to carry 
     out this chapter for a fiscal year, the Secretary may use not 
     more than the following amounts for the activities described 
     in paragraph (2):
       ``(A) 0.5 percent of amounts made available to carry out 
     section 5305.
       ``(B) 0.75 percent of amounts made available to carry out 
     section 5307.
       ``(C) 1 percent of amounts made available to carry out 
     section 5309.
       ``(D) 1 percent of amounts made available to carry out 
     section 601 of the Passenger Rail Investment and Improvement 
     Act of 2008 (Public Law 110-432; 126 Stat. 4968).
       ``(E) 0.5 percent of amounts made available to carry out 
     section 5310.
       ``(F) 0.5 percent of amounts made available to carry out 
     section 5311.
       ``(G) 0.5 percent of amounts made available to carry out 
     section 5320.
       ``(H) 0.75 percent of amounts made available to carry out 
     section 5337(c).
       ``(2) Activities.--The activities described in this 
     paragraph are as follows:
       ``(A) Activities to oversee the construction of a major 
     capital project.
       ``(B) Activities to review and audit the safety and 
     security, procurement, management, and financial compliance 
     of a recipient or subrecipient of funds under this chapter.
       ``(C) Activities to provide technical assistance generally, 
     and to provide technical assistance to correct deficiencies 
     identified in compliance reviews and audits carried out under 
     this section.
       ``(3) Government share of costs.--The Government shall pay 
     the entire cost of carrying out a contract under this 
     subsection.
       ``(4) Availability of certain funds.--Funds made available 
     under paragraph (1)(C) shall be made available to the 
     Secretary before allocating the funds appropriated to carry 
     out any project under a full funding grant agreement.
       ``(h) Grants as Contractual Obligations.--
       ``(1) Grants financed from highway trust fund.--A grant or 
     contract that is approved by the Secretary and financed with 
     amounts made available from the Mass Transit Account of the 
     Highway Trust Fund pursuant to this section is a contractual 
     obligation of the Government to pay the Government share of 
     the cost of the project.
       ``(2) Grants financed from general fund.--A grant or 
     contract that is approved by the Secretary and financed with 
     amounts appropriated in advance from the General Fund of the 
     Treasury pursuant to this section is a contractual obligation 
     of the Government to pay the Government share of the cost of 
     the project only to the extent that amounts are appropriated 
     for such purpose by an Act of Congress.
       ``(i) Availability of Amounts.--Amounts made available by 
     or appropriated under this section shall remain available 
     until expended.''.

     SEC. 40030. APPORTIONMENTS BASED ON GROWING STATES AND HIGH 
                   DENSITY STATES FORMULA FACTORS.

       Section 5340 of title 49, United States Code, is amended to 
     read as follows:

     ``Sec. 5340. Apportionments based on growing States and high 
       density States formula factors

       ``(a) Definition.--In this section, the term `State' shall 
     mean each of the 50 States of the United States.
       ``(b) Allocation.--Of the amounts made available for each 
     fiscal year under section 5338(a)(2)(N), the Secretary shall 
     apportion--
       ``(1) 50 percent to States and urbanized areas in 
     accordance with subsection (c); and
       ``(2) 50 percent to States and urbanized areas in 
     accordance with subsection (d).
       ``(c) Growing State Apportionments.--
       ``(1) Apportionment among states.--The amounts apportioned 
     under subsection (b)(1) shall provide each State with an 
     amount equal to the total amount apportioned multiplied by a 
     ratio equal to the population of that State forecast for the 
     year that is 15 years after the most recent decennial census, 
     divided by the total population of all States forecast for 
     the year that is 15 years after the most recent decennial 
     census. Such forecast shall be based on the population trend 
     for each State between the most recent decennial census and 
     the most recent estimate of population made by the Secretary 
     of Commerce.
       ``(2) Apportionments between urbanized areas and other than 
     urbanized areas in each state.--
       ``(A) In general.--The Secretary shall apportion amounts to 
     each State under paragraph (1) so that urbanized areas in 
     that State receive an amount equal to the amount apportioned 
     to that State multiplied by a ratio equal to the sum of the 
     forecast population of all urbanized areas in that State 
     divided by the total forecast population of that State. In 
     making the apportionment under this subparagraph, the 
     Secretary shall utilize any available forecasts made by the 
     State. If no forecasts are available, the Secretary shall 
     utilize data on urbanized areas and total population from the 
     most recent decennial census.
       ``(B) Remaining amounts.--Amounts remaining for each State 
     after apportionment under subparagraph (A) shall be 
     apportioned to that State and added to the amount made 
     available for grants under section 5311.
       ``(3) Apportionments among urbanized areas in each state.--
     The Secretary shall apportion amounts made available to 
     urbanized areas in each State under paragraph (2)(A) so that 
     each urbanized area receives an amount equal to the amount 
     apportioned under paragraph (2)(A) multiplied by a ratio 
     equal to the population of each urbanized area divided by the 
     sum of populations of all urbanized areas in the State. 
     Amounts apportioned to each urbanized area shall be added to 
     amounts apportioned to that urbanized area under section 
     5336, and made available for grants under section 5307.
       ``(d) High Density State Apportionments.--Amounts to be 
     apportioned under subsection (b)(2) shall be apportioned as 
     follows:
       ``(1) Eligible states.--The Secretary shall designate as 
     eligible for an apportionment under this subsection all 
     States with a population density in excess of 370 persons per 
     square mile.
       ``(2) State urbanized land factor.--For each State 
     qualifying for an apportionment under paragraph (1), the 
     Secretary shall calculate an amount equal to--
       ``(A) the total land area of the State (in square miles); 
     multiplied by

[[Page S536]]

       ``(B) 370; multiplied by
       ``(C)(i) the population of the State in urbanized areas; 
     divided by
       ``(ii) the total population of the State.
       ``(3) State apportionment factor.--For each State 
     qualifying for an apportionment under paragraph (1), the 
     Secretary shall calculate an amount equal to the difference 
     between the total population of the State less the amount 
     calculated in paragraph (2).
       ``(4) State apportionment.--Each State qualifying for an 
     apportionment under paragraph (1) shall receive an amount 
     equal to the amount to be apportioned under this subsection 
     multiplied by the amount calculated for the State under 
     paragraph (3) divided by the sum of the amounts calculated 
     under paragraph (3) for all States qualifying for an 
     apportionment under paragraph (1).
       ``(5) Apportionments among urbanized areas in each state.--
     The Secretary shall apportion amounts made available to each 
     State under paragraph (4) so that each urbanized area 
     receives an amount equal to the amount apportioned under 
     paragraph (4) multiplied by a ratio equal to the population 
     of each urbanized area divided by the sum of populations of 
     all urbanized areas in the State. For multistate urbanized 
     areas, the Secretary shall suballocate funds made available 
     under paragraph (4) to each State's part of the multistate 
     urbanized area in proportion to the State's share of 
     population of the multistate urbanized area. Amounts 
     apportioned to each urbanized area shall be made available 
     for grants under section 5307.''.

     SEC. 40031. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Section 5305.--Section 5305 of title 49, United States 
     Code, is amended--
       (1) in subsection (c), by striking ``sections 5303, 5304, 
     and 5306'' and inserting ``sections 5303 and 5304'';
       (2) in subsection (d), by striking ``sections 5303 and 
     5306'' each place that term appears and inserting ``section 
     5303'';
       (3) in subsection (e)(1)(A), by striking ``sections 5304, 
     5306, 5315, and 5322'' and inserting ``section 5304'';
       (4) in subsection (f)--
       (A) in the heading, by striking ``Government's'' and 
     inserting ``Government''; and
       (B) by striking ``Government's'' and inserting 
     ``Government''; and
       (5) in subsection (g), by striking ``section 5338(c) for 
     fiscal years 2005 through 2011 and for the period beginning 
     on October 1, 2011, and ending on March 31, 2012'' and 
     inserting ``section 5338(a)(2)(A) for a fiscal year''.
       (b) Section 5313.--Section 5313(a) of title 49, United 
     States Code, is amended--
       (1) in the first sentence, by striking ``subsections 
     (a)(5)(C)(iii) and (d)(1) of section 5338'' and inserting 
     section ``5338(a)(2)(H)''; and
       (2) in the second sentence, by striking ``of 
     Transportation''.
       (c) Section 5319.--Section 5319 of title 49, United States 
     Code, is amended, in the second sentence--
       (1) by striking ``sections 5307(e), 5309(h), and 5311(g) of 
     this title'' and inserting ``sections 5307(e), 5309(k), and 
     5311(h)''; and
       (2) by striking ``of the United States'' and inserting 
     ``made by the''.
       (d) Section 5325.--Section 5325 of title 49, United States 
     Code, is amended--
       (1) in subsection (b)(2)(A), by striking ``title 48, Code 
     of Federal Regulations (commonly known as the Federal 
     Acquisition Regulation)'' and inserting ``the Federal 
     Acquisition Regulation, or any successor thereto''; and
       (2) in subsection (e), by striking ``Government financial 
     assistance'' and inserting ``Federal financial assistance''.
       (e) Section 5330.--Effective 3 years after the effective 
     date of the final rules issued by the Secretary of 
     Transportation under section 5329(e) of title 49, United 
     States Code, as amended by this division, section 5330 of 
     title 49, United States Code, is repealed.
       (f) Section 5331.--Section 5331 of title 49, United States 
     Code, is amended by striking ``Secretary of Transportation'' 
     each place that term appears and inserting ``Secretary''.
       (g) Section 5332.--Section 5332(c)(1) of title 49, United 
     States Code, is amended by striking ``of Transportation''.
       (h) Section 5333.--Section 5333(a) of title 49, United 
     States Code, is amended by striking ``sections 3141-3144'' 
     and inserting ``sections 3141 through 3144''.
       (i) Section 5334.--Section 5334 of title 49, United States 
     Code, is amended--
       (1) in subsection (c)--
       (A) by striking ``Secretary of Transportation'' each place 
     that term appears and inserting ``Secretary''; and
       (B) in paragraph (1), by striking ``Committees on 
     Transportation and Infrastructure and Appropriations of the 
     House of Representatives and the Committees on Banking, 
     Housing, and Urban Affairs and Appropriations of the Senate'' 
     and inserting ``Committee on Banking, Housing, and Urban 
     Affairs and the Committee on Appropriations of the Senate and 
     the Committee on Transportation and Infrastructure and the 
     Committee on Appropriations of the House of 
     Representatives'';
       (2) in subsection (d), by striking ``of Transportation'';
       (3) in subsection (e), by striking ``of Transportation'';
       (4) in subsection (f), by striking ``of Transportation'';
       (5) in subsection (g), in the matter preceding paragraph 
     (1)--
       (A) by striking ``of Transportation''; and
       (B) by striking ``subsection (a)(3) or (4) of this 
     section'' and inserting ``paragraph (3) or (4) of subsection 
     (a)'';
       (6) in subsection (h)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``of Transportation''; and
       (B) in paragraph (2), by striking ``of this section'';
       (7) in subsection (i)(1), by striking ``of 
     Transportation''; and
       (8) in subsection (j), as so redesignated by section 40025 
     of this division, by striking ``Committees on Banking, 
     Housing, and Urban Affairs and Appropriations of the Senate 
     and Committees on Transportation and Infrastructure and 
     Appropriations of the House of Representatives'' and 
     inserting ``Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Appropriations of the Senate and the 
     Committee on Transportation and Infrastructure and the 
     Committee on Appropriations of the House of 
     Representatives''.
       (j) Section 5335.--Section 5335(a) of title 49, United 
     States Code, is amended by striking ``of Transportation''.
       (k) Table of Sections.--The table of sections for chapter 
     53 of title 49, United States Code, is amended to read as 
     follows:

``Sec.
``5301. Policies, purposes, and goals.
``5302. Definitions.
``5303. Metropolitan transportation planning.
``5304. Statewide and nonmetropolitan transportation planning.
``5305. Planning programs.
``5306. Public transportation emergency relief program.
``5307. Urbanized area formula grants.
``5308. Clean fuel grant program.
``5309. Fixed guideway capital investment grants.
``5310. Formula grants for the enhanced mobility of seniors and 
              individuals with disabilities.
``5311. Formula grants for other than urbanized areas.
``5312. Research, development, demonstration, and deployment projects.
``5313. Transit cooperative research program.
``5314. Technical assistance and standards development.
``5315. National Transit Institute.
``[5316. Repealed.]
``[5317. Repealed.]
``5318. Bus testing facilities.
``5319. Bicycle facilities.
``5320. Alternative transportation in parks and public lands.
``[5321. Repealed.]
``5322. Public transportation workforce development and human resource 
              programs.
``5323. General provisions.
``[5324. Repealed.]
``5325. Contract requirements.
``5326. Transit asset management.
``5327. Project management oversight.
``[5328. Repealed.]
``5329. Public transportation safety program.
``5330. State safety oversight.
``5331. Alcohol and controlled substances testing.
``5332. Nondiscrimination.
``5333. Labor standards.
``5334. Administrative provisions.
``5335. National transit database.
``5336. Apportionment of appropriations for formula grants.
``5337. State of good repair grants.
``5338. Authorizations.
``[5339. Repealed.]
``5340. Apportionments based on growing States and high density States 
              formula factors.''.
                                 ______
                                 
  SA 1516. Mr. McCAIN (for himself, Mr. Carper, Mr. Coats, and Mr. 
Udall of Colorado) submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REDUCE UNNECESSARY SPENDING ACT OF 2012.

       (a) Short Title and Purposes.--
       (1) Short title.--This section may be cited as the ``Reduce 
     Unnecessary Spending Act of 2012''.
       (2) Purpose.--The purpose of this section is to create an 
     optional fast-track procedure the President may use when 
     submitting rescission requests, which would lead to an up-or-
     down vote by Congress on the President's package of 
     rescissions, without amendment.
       (b) Rescissions of Funding.--The Impoundment Control Act of 
     1974 is amended by striking part C and inserting the 
     following:

       ``PART C--EXPEDITED CONSIDERATION OF PROPOSED RESCISSIONS

     ``SEC. 1021. APPLICABILITY AND DISCLAIMER.

       ``The rules, procedures, requirements, and definitions in 
     this part apply only to executive and legislative actions 
     explicitly taken under this part. They do not apply to 
     actions taken under part B or to other executive and 
     legislative actions not taken under this part.

     ``SEC. 1022. DEFINITIONS.

       ``In this part:
       ``(1) The terms `appropriations Act', `budget authority', 
     and `new budget authority' have the same meanings as in 
     section 3 of the Congressional Budget Act of 1974.

[[Page S537]]

       ``(2) The terms `account', `current year', `CBO', and `OMB' 
     have the same meanings as in section 250 of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 as in effect 
     on September 30, 2002.
       ``(3) The term `days of session' shall be calculated by 
     excluding weekends and national holidays. Any day during 
     which a chamber of Congress is not in session shall not be 
     counted as a day of session of that chamber. Any day during 
     which neither chamber is in session shall not be counted as a 
     day of session of Congress.
       ``(4) The term `entitlement law' means the statutory 
     mandate or requirement of the United States to incur a 
     financial obligation unless that obligation is explicitly 
     conditioned on the appropriation in subsequent legislation of 
     sufficient funds for that purpose, and the Supplemental 
     Nutrition Assistance Program.
       ``(5) The term `funding' refers to new budget authority and 
     obligation limits except to the extent that the funding is 
     provided for entitlement law.
       ``(6) The term `rescind' means to eliminate or reduce the 
     amount of enacted funding.
       ``(7) The terms `withhold' and `withholding' apply to any 
     executive action or inaction that precludes the obligation of 
     funding at a time when it would otherwise have been available 
     to an agency for obligation. The terms do not include 
     administrative or preparatory actions undertaken prior to 
     obligation in the normal course of implementing budget laws.

     ``SEC. 1023. TIMING AND PACKAGING OF RESCISSION REQUESTS.

       ``(a) Timing.--If the President proposes that Congress 
     rescind funding under the procedures in this part, OMB shall 
     transmit a message to Congress containing the information 
     specified in section 1024, and the message transmitting the 
     proposal shall be sent to Congress not later than 45 calendar 
     days after the date of enactment of the funding.
       ``(b) Packaging and Transmittal of Requested Rescissions.--
     Except as provided in subsection (c), for each piece of 
     legislation that provides funding, the President shall 
     request at most 1 package of rescissions and the rescissions 
     in that package shall apply only to funding contained in that 
     legislation. OMB shall deliver each message requesting a 
     package of rescissions to the Secretary of the Senate if the 
     Senate is not in session and to the Clerk of the House of 
     Representatives if the House is not in session. OMB shall 
     make a copy of the transmittal message publicly available, 
     and shall publish in the Federal Register a notice of the 
     message and information on how it can be obtained.
       ``(c) Special Packaging Rules.--After enactment of--
       ``(1) a joint resolution making continuing appropriations;
       ``(2) a supplemental appropriations bill; or
       ``(3) an omnibus appropriations bill;
     covering some or all of the activities customarily funded in 
     more than 1 regular appropriations bill, the President may 
     propose as many as 2 packages rescinding funding contained in 
     that legislation, each within the 45-day period specified in 
     subsection (a). OMB shall not include the same rescission in 
     both packages, and, if the President requests the rescission 
     of more than one discrete amount of funding under the 
     jurisdiction of a single subcommittee, OMB shall include each 
     of those discrete amounts in the same package.

     ``SEC. 1024. REQUESTS TO RESCIND FUNDING.

       ``For each request to rescind funding under this part, the 
     transmittal message shall--
       ``(1) specify--
       ``(A) the dollar amount to be rescinded;
       ``(B) the agency, bureau, and account from which the 
     rescission shall occur;
       ``(C) the program, project, or activity within the account 
     (if applicable) from which the rescission shall occur;
       ``(D) the amount of funding, if any, that would remain for 
     the account, program, project, or activity if the rescission 
     request is enacted; and
       ``(E) the reasons the President requests the rescission;
       ``(2) designate each separate rescission request by number; 
     and
       ``(3) include proposed legislative language to accomplish 
     the requested rescissions which may not include--
       ``(A) any changes in existing law, other than the 
     rescission of funding; or
       ``(B) any supplemental appropriations, transfers, or 
     reprogrammings.

     ``SEC. 1025. GRANTS OF AND LIMITATIONS ON PRESIDENTIAL 
                   AUTHORITY.

       ``(a) Presidential Authority To Withhold Funding.--
     Notwithstanding any other provision of law and if the 
     President proposes a rescission of funding under this part, 
     OMB may, subject to the time limits provided in subsection 
     (c), temporarily withhold that funding from obligation.
       ``(b) Expedited Procedures Available Only Once Per Bill.--
     The President may not invoke the procedures of this part, or 
     the authority to withhold funding granted by subsection (a), 
     on more than 1 occasion for any Act providing funding.
       ``(c) Time Limits.--OMB shall make available for obligation 
     any funding withheld under subsection (a) on the earliest 
     of--
       ``(1) the day on which the President determines that the 
     continued withholding or reduction no longer advances the 
     purpose of legislative consideration of the rescission 
     request;
       ``(2) starting from the day on which OMB transmitted a 
     message to Congress requesting the rescission of funding, 25 
     calendar days in which the House of Representatives has been 
     in session or 25 calendar days in which the Senate has been 
     in session, whichever occurs second; or
       ``(3) the last day after which the obligation of the 
     funding in question can no longer be fully accomplished in a 
     prudent manner before its expiration.
       ``(d) Deficit Reduction.--
       ``(1) In general.--Funds that are rescinded under this part 
     shall be dedicated only to reducing the deficit or increasing 
     the surplus.
       ``(2) Adjustment of levels in the concurrent resolution on 
     the budget.--Not later than 5 days after the date of 
     enactment of an approval bill as provided under this part, 
     the chairs of the Committees on the Budget of the Senate and 
     the House of Representatives shall revise allocations and 
     aggregates and other appropriate levels under the appropriate 
     concurrent resolution on the budget to reflect the repeal or 
     cancellation, and the applicable committees shall report 
     revised suballocations pursuant to section 302(b), as 
     appropriate.

     ``SEC. 1026. CONGRESSIONAL CONSIDERATION OF RESCISSION 
                   REQUESTS.

       ``(a) Preparation of Legislation To Consider a Package of 
     Expedited Rescission Requests.--
       ``(1) In general.--If the House of Representatives receives 
     a package of expedited rescission requests, the Clerk shall 
     prepare a House bill that only rescinds the amounts requested 
     which shall read as follows:
       `` `There are enacted the rescissions numbered [insert 
     number or numbers] as set forth in the Presidential message 
     of [insert date] transmitted under part C of the Impoundment 
     Control Act of 1974 as amended.'
       ``(2) Exclusion procedure.--The Clerk shall include in the 
     bill each numbered rescission request listed in the 
     Presidential package in question, except that the Clerk shall 
     omit a numbered rescission request if the Chairman of the 
     Committee on the Budget of the House, after consulting with 
     the Chairman of the Committee on the Budget of the Senate, 
     CBO, GAO, and the House and Senate committees that have 
     jurisdiction over the funding, determines that the numbered 
     rescission does not refer to funding or includes matter not 
     permitted under a request to rescind funding.
       ``(b) Introduction and Referral of Legislation To Enact a 
     Package of Expedited Rescissions.--The majority leader or the 
     minority leader of the House or Representatives, or a 
     designee, shall (by request) introduce each bill prepared 
     under subsection (a) not later than 4 days of session of the 
     House after its transmittal, or, if no such bill is 
     introduced within that period, any member of the House may 
     introduce the required bill in the required form on the fifth 
     or sixth day of session of the House after its transmittal. 
     If such an expedited rescission bill is introduced in 
     accordance with the preceding sentence, it shall be referred 
     to the House committee of jurisdiction. A copy of the 
     introduced House bill shall be transmitted to the Secretary 
     of the Senate, who shall provide it to the Senate committee 
     of jurisdiction.
       ``(c) House Report and Consideration of Legislation To 
     Enact a Package of Expedited Rescissions.--The House 
     committee of jurisdiction shall report without amendment the 
     bill referred to it under subsection (b) not more than 5 days 
     of session of the House after the referral. The committee may 
     order the bill reported favorably, unfavorably, or without 
     recommendation. If the committee has not reported the bill by 
     the end of the 5-day period, the committee shall be 
     automatically discharged from further consideration of the 
     bill and it shall be placed on the appropriate calendar.
       ``(d) House Motion To Proceed.--
       ``(1) In general.--After a bill to enact an expedited 
     rescission package has been reported or the committee of 
     jurisdiction has been discharged under subsection (c), it 
     shall be in order to move to proceed to consider the bill in 
     the House. A Member who wishes to move to proceed to 
     consideration of the bill shall announce that fact, and the 
     motion to proceed shall be in order only during a time 
     designated by the Speaker within the legislative schedule for 
     the next calendar day of legislative session or the one 
     immediately following it.
       ``(2) Failure to set time.--If the Speaker does not 
     designate a time under paragraph (1), 3 or more calendar days 
     of legislative session after the bill has been reported or 
     discharged, it shall be in order for any Member to move to 
     proceed to consider the bill.
       ``(3) Procedure.--A motion to proceed under this subsection 
     shall not be in order after the House has disposed of a prior 
     motion to proceed with respect to that package of expedited 
     rescissions. The previous question shall be considered as 
     ordered on the motion to proceed, without intervening motion. 
     A motion to reconsider the vote by which the motion to 
     proceed has been disposed of shall not be in order.
       ``(4) Removal from calendar.--If 5 calendar days of 
     legislative session have passed since the bill was reported 
     or discharged under this subsection and no Member has made a 
     motion to proceed, the bill shall be removed from the 
     calendar.
       ``(e) House Consideration.--
       ``(1) Considered as read.--A bill consisting of a package 
     of rescissions under this part shall be considered as read.
       ``(2) Points of order.--All points of order against the 
     bill are waived, except that a point of order may be made 
     that 1 or more numbered rescissions included in the bill

[[Page S538]]

     would enact language containing matter not requested by the 
     President or not permitted under this part as part of that 
     package. If the Presiding Officer sustains such a point of 
     order, the numbered rescission or rescissions that would 
     enact such language are deemed to be automatically stripped 
     from the bill and consideration proceeds on the bill as 
     modified.
       ``(3) Previous question.--The previous question shall be 
     considered as ordered on the bill to its passage without 
     intervening motion, except that 4 hours of debate equally 
     divided and controlled by a proponent and an opponent are 
     allowed, as well as 1 motion to further limit debate on the 
     bill.
       ``(4) Motion to reconsider.--A motion to reconsider the 
     vote on passage of the bill shall not be in order.
       ``(f) Senate Consideration.--
       ``(1) Referral.--If the House of Representatives approves a 
     House bill enacting a package of rescissions, that bill as 
     passed by the House shall be sent to the Senate and referred 
     to the Senate committee of jurisdiction.
       ``(2) Committee action.--The committee of jurisdiction 
     shall report without amendment the bill referred to it under 
     this subsection not later than 3 days of session of the 
     Senate after the referral. The committee may order the bill 
     reported favorably, unfavorably, or without recommendation.
       ``(3) Discharge.--If the committee has not reported the 
     bill by the end of the 3-day period, the committee shall be 
     automatically discharged from further consideration of the 
     bill and it shall be placed on the appropriate calendar.
       ``(4) Motion to proceed.--On the following day and for 3 
     subsequent calendar days in which the Senate is in session, 
     it shall be in order for any Senator to move to proceed to 
     consider the bill in the Senate. Upon such a motion being 
     made, it shall be deemed to have been agreed to and the 
     motion to reconsider shall be deemed to have been laid on the 
     table.
       ``(5) Debate.--Debate on the bill in the Senate under this 
     subsection, and all debatable motions and appeals in 
     connection therewith, shall not exceed 10 hours, equally 
     divided and controlled in the usual form. Debate in the 
     Senate on any debatable motion or appeal in connection with 
     such a bill shall be limited to not more than 1 hour, to be 
     equally divided and controlled in the usual form. A motion to 
     further limit debate on such a bill is not debatable.
       ``(6) Motions not in order.--A motion to amend such a bill 
     or strike a provision from it is not in order. A motion to 
     recommit such a bill is not in order.
       ``(g) Senate Point of Order.--It shall not be in order 
     under this part for the Senate to consider a bill approved by 
     the House enacting a package of rescissions under this part 
     if any numbered rescission in the bill would enact matter not 
     requested by the President or not permitted under this Act as 
     part of that package. If a point of order under this 
     subsection is sustained, the bill may not be considered under 
     this part.''.
       (c) Technical and Conforming Amendments.--
       (1) Table of contents.--Section 1(b) of the Congressional 
     Budget and Impoundment Control Act of 1974 is amended by 
     striking the matter for part C of title X and inserting the 
     following:

       ``PART C--Expedited Consideration of Proposed Rescissions

``Sec. 1021. Applicability and disclaimer.
``Sec. 1022. Definitions.
``Sec. 1023. Timing and packaging of rescission requests.
``Sec. 1024. Requests to rescind funding.
``Sec. 1025. Grants of and limitations on presidential authority.
``Sec. 1026. Congressional consideration of rescission requests.''.
       (2) Temporary withholding.--Section 1013(c) of the 
     Impoundment Control Act of 1974 is amended by striking 
     ``section 1012'' and inserting ``section 1012 or section 
     1025''.
       (3) Rulemaking.--
       (A) 904(a).--Section 904(a) of the Congressional Budget Act 
     of 1974 is amended by striking ``and 1017'' and inserting 
     ``1017, and 1026''.
       (B) 904(d)(1).--Section 904(d)(1) of the Congressional 
     Budget Act of 1974 is amended by striking ``1017'' and 
     inserting ``1017 or 1026''.
       (d) Amendments to Part A of the Impoundment Control Act.--
       (1) In general.--Part A of the Impoundment Control Act of 
     1974 is amended by inserting at the end the following:

     ``SEC. 1002. SEVERABILITY.

       ``If the judicial branch of the United States finally 
     determines that 1 or more of the provisions of parts B or C 
     violate the Constitution of the United States, the remaining 
     provisions of those parts shall continue in effect.''.
       (2) Table of contents.--Section 1(b) of the Congressional 
     Budget and Impoundment Control Act of 1974 is amended by 
     inserting at the end of the matter for part A of title X the 
     following:

``Sec. 1002. Severability.''.

       (e) Expiration.--Part C of the Impoundment Control Act of 
     1974 (as amended by this Act) shall expire on December 31, 
     2015.
                                 ______
                                 
  SA 1517. Mr. COATS (for himself and Mr. Lugar) submitted an amendment 
intended to be proposed by him to the bill S. 1813, to reauthorize 
Federal-aid highway and highway safety construction programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       In section 11005(a), in the amendment to section 104(c)(1) 
     of title 23, United States Code, strike ``carry out section 
     134 shall be determined as follows'' and all that follows 
     through subparagraph (B) and insert the following:
     ``carry out section 134 shall be a percentage of the total 
     amount available for apportionment to all States that is 
     equal to the proportion that--
       ``(A) the amount of gas taxes paid by the State for a 
     fiscal year; bears to
       ``(B) the aggregate amount of gas taxes paid by all States 
     for the fiscal year.
                                 ______
                                 
  SA 1518. Mr. COATS submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       In section 15007, in the amendment to section 126 of title 
     23, United States Code, strike subsections (a) and (b) and 
     insert the following:
     ``Notwithstanding any other provision of law, a State may 
     transfer funds from an apportionment under section 104(b) to 
     any other apportionment of the State under that section.''.
                                 ______
                                 
  SA 1519. Mr. COATS submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       In 11008, in the amendment to section 133(c) of title 23, 
     United States Code, strike paragraphs (7) through (28) and 
     insert the following:
       (7) 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.
       (8) Highway and transit research and development and 
     technology transfer programs.
       (9) Capital and operating costs for traffic and traveler 
     information monitoring, management, and control facilities 
     and programs, including truck stop electrification systems.
       (10) Projects and strategies designed to support congestion 
     pricing, including electronic toll collection and travel 
     demand management strategies and programs.
       (11) Surface transportation planning.
       (12) 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.
       (13) 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).
                                 ______
                                 
  SA 1520. Mr. BLUNT (for himself, Mr. McConnell, Mr. Johanns, Mr. 
Wicker, Mr. Hatch, Ms. Ayotte, Mr. Rubio, Mr. Nelson of Nebraska, Mr. 
Roberts, Mr. McCain, Mr. Kyl, Mr. Coats, Mr. Barrasso, Mr. Toomey, Mr. 
Lugar, Mr. Cornyn, Mr. Boozman, Mr. Paul, Mr. Hoeven, and Mr. Graham) 
submitted an amendment intended to be proposed by him to the bill S. 
1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. RESPECT FOR RIGHTS OF CONSCIENCE.

       (a) Findings and Purposes.--
       (1) Findings.--Congress finds the following:
       (A) As Thomas Jefferson declared to New London Methodists 
     in 1809, ``[n]o provision in our Constitution ought to be 
     dearer to man than that which protects the rights of 
     conscience against the enterprises of the civil authority''.
       (B) Jefferson's statement expresses a conviction on respect 
     for conscience that is deeply embedded in the history and 
     traditions of our Nation and codified in numerous State and 
     Federal laws, including laws on health care.

[[Page S539]]

       (C) Until enactment of the Patient Protection and 
     Affordable Care Act (Public Law 111-148, in this section 
     referred to as ``PPACA''), the Federal Government has not 
     sought to impose specific coverage or care requirements that 
     infringe on the rights of conscience of insurers, purchasers 
     of insurance, plan sponsors, beneficiaries, and other 
     stakeholders, such as individual or institutional health care 
     providers.
       (D) PPACA creates a new nationwide requirement for health 
     plans to cover ``essential health benefits'' and ``preventive 
     services'' (including a distinct set of ``preventive services 
     for women''), delegating to the Department of Health and 
     Human Services the authority to provide a list of detailed 
     services under each category, and imposes other new 
     requirements with respect to the provision of health care 
     services.
       (E) While PPACA provides an exemption for some religious 
     groups that object to participation in Government health 
     programs generally, it does not allow purchasers, plan 
     sponsors, and other stakeholders with religious or moral 
     objections to specific items or services to decline providing 
     or obtaining coverage of such items or services, or allow 
     health care providers with such objections to decline to 
     provide them.
       (F) By creating new barriers to health insurance and 
     causing the loss of existing insurance arrangements, these 
     inflexible mandates in PPACA jeopardize the ability of 
     individuals to exercise their rights of conscience and their 
     ability to freely participate in the health insurance and 
     health care marketplace.
       (2) Purposes.--The purposes of this section are--
       (A) to ensure that health care stakeholders retain the 
     right to provide, purchase, or enroll in health coverage that 
     is consistent with their religious beliefs and moral 
     convictions, without fear of being penalized or discriminated 
     against under PPACA; and
       (B) to ensure that no requirement in PPACA creates new 
     pressures to exclude those exercising such conscientious 
     objection from health plans or other programs under PPACA.
       (b) Respect for Rights of Conscience.--
       (1) In general.--Section 1302(b) of the Patient Protection 
     and Affordable Care Act (Public Law 111-148; 42 U.S.C. 
     18022(b)) is amended by adding at the end the following new 
     paragraph:
       ``(6) Respecting rights of conscience with regard to 
     specific items or services.--
       ``(A) For health plans.--A health plan shall not be 
     considered to have failed to provide the essential health 
     benefits package described in subsection (a) (or preventive 
     health services described in section 2713 of the Public 
     Health Service Act), to fail to be a qualified health plan, 
     or to fail to fulfill any other requirement under this title 
     on the basis that it declines to provide coverage of specific 
     items or services because--
       ``(i) providing coverage (or, in the case of a sponsor of a 
     group health plan, paying for coverage) of such specific 
     items or services is contrary to the religious beliefs or 
     moral convictions of the sponsor, issuer, or other entity 
     offering the plan; or
       ``(ii) such coverage (in the case of individual coverage) 
     is contrary to the religious beliefs or moral convictions of 
     the purchaser or beneficiary of the coverage.
       ``(B) For health care providers.--Nothing in this title (or 
     any amendment made by this title) shall be construed to 
     require an individual or institutional health care provider, 
     or authorize a health plan to require a provider, to provide, 
     participate in, or refer for a specific item or service 
     contrary to the provider's religious beliefs or moral 
     convictions. Notwithstanding any other provision of this 
     title, a health plan shall not be considered to have failed 
     to provide timely or other access to items or services under 
     this title (or any amendment made by this title) or to 
     fulfill any other requirement under this title because it has 
     respected the rights of conscience of such a provider 
     pursuant to this paragraph.
       ``(C) Nondiscrimination in exercising rights of 
     conscience.--No Exchange or other official or entity acting 
     in a governmental capacity in the course of implementing this 
     title (or any amendment made by this title) shall 
     discriminate against a health plan, plan sponsor, health care 
     provider, or other person because of such plan's, sponsor's, 
     provider's, or person's unwillingness to provide coverage of, 
     participate in, or refer for, specific items or services 
     pursuant to this paragraph.
       ``(D) Construction.--Nothing in subparagraph (A) or (B) 
     shall be construed to permit a health plan or provider to 
     discriminate in a manner inconsistent with subparagraphs (B) 
     and (D) of paragraph (4).
       ``(E) Private rights of action.--The various protections of 
     conscience in this paragraph constitute the protection of 
     individual rights and create a private cause of action for 
     those persons or entities protected. Any person or entity may 
     assert a violation of this paragraph as a claim or defense in 
     a judicial proceeding.
       ``(F) Remedies.--
       ``(i) Federal jurisdiction.--The Federal courts shall have 
     jurisdiction to prevent and redress actual or threatened 
     violations of this paragraph by granting all forms of legal 
     or equitable relief, including, but not limited to, 
     injunctive relief, declaratory relief, damages, costs, and 
     attorney fees.
       ``(ii) Initiating party.--An action under this paragraph 
     may be instituted by the Attorney General of the United 
     States, or by any person or entity having standing to 
     complain of a threatened or actual violation of this 
     paragraph, including, but not limited to, any actual or 
     prospective plan sponsor, issuer, or other entity offering a 
     plan, any actual or prospective purchaser or beneficiary of a 
     plan, and any individual or institutional health care 
     provider.
       ``(iii) Interim relief.--Pending final determination of any 
     action under this paragraph, the court may at any time enter 
     such restraining order or prohibitions, or take such other 
     actions, as it deems necessary.
       ``(G) Administration.--The Office for Civil Rights of the 
     Department of Health and Human Services is designated to 
     receive complaints of discrimination based on this paragraph 
     and coordinate the investigation of such complaints.
       ``(H) Actuarial equivalence.--Nothing in this paragraph 
     shall prohibit the Secretary from issuing regulations or 
     other guidance to ensure that health plans excluding specific 
     items or services under this paragraph shall have an 
     aggregate actuarial value at least equivalent to that of 
     plans at the same level of coverage that do not exclude such 
     items or services.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall be effective as if included in the enactment of Public 
     Law 111-148.
                                 ______
                                 
  SA 1521. Mr. WICKER (for himself and Mr. Vitter) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.

       Section 18 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1344) is amended by striking subsection (b) and 
     inserting the following:
       ``(b) Domestic Oil and Natural Gas Production Goal.--
       ``(1) In general.--In developing a 5-year oil and gas 
     leasing program, the Secretary shall establish a domestic 
     strategic production goal for the development of oil and 
     natural gas under the program that is--
       ``(A) the best estimate of the potential increase in 
     domestic production of oil and natural gas from the outer 
     Continental Shelf; and
       ``(B) focused on--
       ``(i) meeting the demand for oil and natural gas in the 
     United States;
       ``(ii) reducing the dependence of the United States on 
     foreign energy sources; and
       ``(iii) the production increases to be achieved by the 
     leasing program at the end of the 15-year period beginning on 
     the effective date of the program.
       ``(2) 2012-2017 program goal.--For purposes of the 5-year 
     oil and gas leasing program for fiscal years 2012-2017, the 
     production goal referred to in paragraph (1) shall be an 
     increase by 2027 of--
       ``(A) not less than 3,000,000 barrels in the quantity of 
     oil produced per day; and
       ``(B) not less than 10,000,000,000 cubic feet in the 
     quantity of natural gas produced per day.
       ``(3) Reports.--At the end of each 5-year oil and gas 
     leasing program and annually thereafter, the Secretary shall 
     submit to the Committee on Energy and Natural Resources of 
     the Senate and the Committee on Natural Resources of the 
     House of Representatives a report that describes the progress 
     of the applicable 5-year program with respect to achieving 
     the production goal established for the program, including--
       ``(A) any projections for production under the program; and
       ``(B) identifying any problems with leasing, permitting, or 
     production that would prevent the production goal from being 
     achieved.''.
                                 ______
                                 
  SA 1522. Mr. NELSON of Nebraska (for himself and Ms. Klobuchar) 
submitted an amendment intended to be proposed by him to the bill S. 
1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of subtitle E of title I, add the following:

     SEC. 15__. VEHICLE WEIGHT LIMITATIONS.

       Section 127(a)(12) of title 23, United States Code, is 
     amended--
       (1) in subparagraph (B), by striking ``400'' and inserting 
     ``550''; and
       (2) in subparagraph (C)(ii), by striking ``400-pound'' and 
     inserting ``550-pound''.
                                 ______
                                 
  SA 1523. Mr. NELSON of Nebraska (for himself and Mr. Johanns) 
submitted an amendment intended to be proposed by him to the bill S. 
1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 408, between lines 3 and 4, insert the following:

     SEC. __. EXEMPTION.

       Any road, highway, or bridge that is in operation or under 
     construction in a State and is damaged by an emergency that 
     is declared

[[Page S540]]

     by the Governor of the State and concurred in by the 
     Secretary of Homeland Security or declared as an emergency by 
     the President pursuant to the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
     seq.)--
       (1) may be reconstructed in the same location with the same 
     capacity, dimensions, and design as before the emergency; and
       (2) shall be exempt from any environmental reviews, 
     approvals, licensing, and permit requirements under--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (B) sections 402 and 404 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1342, 1344);
       (C) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.);
       (D) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
       (E) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
     seq.);
       (F) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (G) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.), except when the reconstruction occurs in designated 
     critical habitat for threatened and endangered species;
       (H) Executive Order 11990 (42 U.S.C. 4321 note; relating to 
     the protection of wetlands); and
       (I) any Federal law (including regulations) requiring no 
     net loss of wetlands.
                                 ______
                                 
  SA 1524. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EMERGENCY EXEMPTIONS.

       Notwithstanding any other provision of law, with respect to 
     any road, highway, or bridge that is closed or is operating 
     at reduced capacity because of safety reasons--
       (1) the road, highway, or bridge may be reconstructed in 
     the same general location as before the disaster; and
       (2) such reconstruction shall be exempt from any 
     environmental reviews, approvals, licensing, and permit 
     requirements under--
       (A) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.);
       (B) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (C) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
       (D) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
     seq.);
       (E) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.), except when the reconstruction occurs in designated 
     critical habitat for threatened and endangered species;
       (F) sections 402 and 404 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1342, 1344);
       (G) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (H) Executive Order 11990 (42 U.S.C. 4321 note; relating to 
     the protection of wetlands); and
       (I) any Federal law (including regulations) requiring no 
     net loss of wetlands.
                                 ______
                                 
  SA 1525. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EXEMPTIONS FOR PROJECTS CARRIED OUT WITH NON-
                   FEDERAL FUNDS.

       Notwithstanding any other provision of law, a road, 
     highway, or bridge project carried out only using State or 
     other non-Federal funds shall be exempt from any 
     environmental reviews, approvals, licensing, and permit 
     requirements under--
       (1) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.);
       (2) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (3) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
       (4) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
     seq.);
       (5) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.), except when the reconstruction occurs in designated 
     critical habitat for threatened and endangered species;
       (6) sections 402 and 404 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1342, 1344);
       (7) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (8) Executive Order 11990 (42 U.S.C. 4321 note; relating to 
     the protection of wetlands); and
       (9) any Federal law (including regulations) requiring no 
     net loss of wetlands.
                                 ______
                                 
  SA 1526. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EXEMPTION FROM REVIEW REQUIREMENTS.

       Notwithstanding any other provision of law, any request for 
     an approval, such as a request for approval of a permit or 
     license, relating to a transportation project under any 
     Federal law (including a regulation) that is not approved or 
     denied by the date that is 180 days after the date on which 
     the request for the approval is submitted to the Secretary or 
     other appropriate Federal official shall be considered to be 
     approved.
                                 ______
                                 
  SA 1527. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. JURISDICTION OVER COVERED ENERGY PROJECTS.

       (a) Definition of Covered Energy Project.--In this section, 
     the term ``covered energy project'' means any action or 
     decision by a Federal official regarding--
       (1) the leasing of Federal land (including submerged land) 
     for the exploration, development, production, processing, or 
     transmission of oil, natural gas, or any other source or form 
     of energy, including actions and decisions regarding the 
     selection or offering of Federal land for such leasing; or
       (2) any action under such a lease, except that this section 
     and Act shall not apply to a dispute between the parties to a 
     lease entered into a provision of law authorizing the lease 
     regarding obligations under the lease or the alleged breach 
     of the lease.
       (b) Exclusive Jurisdiction Over Causes and Claims Relating 
     to Covered Energy Projects.--Notwithstanding any other 
     provision of law, the United States District Court for the 
     District of Columbia shall have exclusive jurisdiction to 
     hear all causes and claims under this section or any other 
     Act that arise from any covered energy project.
       (c) Time for Filing Complaint.--
       (1) In general.--Each case or claim described in subsection 
     (b) shall be filed not later than the end of the 60-day 
     period beginning on the date of the action or decision by a 
     Federal official that constitutes the covered energy project 
     concerned.
       (2) Prohibition.--Any cause or claim described in 
     subsection (b) that is not filed within the time period 
     described in paragraph (1) shall be barred.
       (d) District Court for the District of Columbia Deadline.--
       (1) In general.--Each proceeding that is subject to 
     subsection (b) shall--
       (A) be resolved as expeditiously as practicable and in any 
     event not more than 180 days after the cause or claim is 
     filed; and
       (B) take precedence over all other pending matters before 
     the district court.
       (2) Failure to comply with deadline.--If an interlocutory 
     or final judgment, decree, or order has not been issued by 
     the district court by the deadline required under this 
     section, the cause or claim shall be dismissed with prejudice 
     and all rights relating to the cause or claim shall be 
     terminated.
       (e) Ability To Seek Appellate Review.--An interlocutory or 
     final judgment, decree, or order of the district court under 
     this section may be reviewed by no other court except the 
     Supreme Court.
       (f) Deadline for Appeal to the Supreme Court.--If a writ of 
     certiorari has been granted by the Supreme Court pursuant to 
     subsection (e), the interlocutory or final judgment, decree, 
     or order of the district court shall be resolved as 
     expeditiously as practicable and in any event not more than 
     180 days after the interlocutory or final judgment, decree, 
     order of the district court is issued.
                                 ______
                                 
  SA 1528. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ENVIRONMENTAL IMPACT STATEMENTS.

       Title I of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4331 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 106. COMPLETION AND REVIEW OF ENVIRONMENTAL IMPACT 
                   STATEMENTS.

       ``(a) Completion.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, each review carried out under section 102(2)(C) with 
     respect to any action taken under any provision of law, or 
     for which funds are made available under any provision of 
     law, shall be completed not later than the date that is 180 
     days after the commencement of the review.
       ``(2) Failure to complete review.--If a review described in 
     paragraph (1) has not been completed for an action subject to 
     section 102(2)(C) by the date specified in paragraph (1)--
       ``(A) the action shall be considered to have no significant 
     impact described in section 102(2)(C); and
       ``(B) that classification shall be considered to be a final 
     agency action.
       ``(3) Unemployment rate.--If the national unemployment rate 
     is 5 percent or more, the

[[Page S541]]

     lead agency conducting a review of an action under this 
     section shall use the most expeditious means authorized under 
     this title to conduct the review.
       ``(b) Lead Agency.--The lead agency for a review of an 
     action under this section shall be the Federal agency to 
     which funds are made available for the action.
       ``(c) Review.--
       ``(1) Administrative appeals.--There shall be a single 
     administrative appeal for each review carried out pursuant to 
     section 102(2)(C).
       ``(2) Judicial review.--
       ``(A) In general.--On resolution of the administrative 
     appeal, judicial review of the final agency decision after 
     exhaustion of administrative remedies shall lie with the 
     United States Court of Appeals for the District of Columbia 
     Circuit.
       ``(B) Administrative record.--An appeal to the court 
     described in subparagraph (A) shall be based only on the 
     administrative record.
       ``(C) Pendency of judicial review.--After an agency has 
     made a final decision with respect to a review carried out 
     under this subsection, the decision shall be effective during 
     the course of any subsequent appeal to a court described in 
     subparagraph (A).
       ``(3) Civil action.--Each civil action covered by this 
     section shall be considered to arise under the laws of the 
     United States.''.
                                 ______
                                 
  SA 1529. Mr. PAUL (for himself and Mr. DeMint) submitted an amendment 
intended to be proposed by him to the bill S. 1813, to reauthorize 
Federal-aid highway and highway safety construction programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                           TITLE V--REINS ACT

     SECTION 5001. SHORT TITLE.

       This title may be cited as the ``Regulations From the 
     Executive in Need of Scrutiny Act of 2011'' or the ``REINS 
     Act''.

     SEC. 5002. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) Section 1 of article I of the United States 
     Constitution grants all legislative powers to Congress.
       (2) Over time, Congress has excessively delegated its 
     constitutional charge while failing to conduct appropriate 
     oversight and retain accountability for the content of the 
     laws it passes.
       (3) By requiring a vote in Congress, this Act will result 
     in more carefully drafted and detailed legislation, an 
     improved regulatory process, and a legislative branch that is 
     truly accountable to the people of the United States for the 
     laws imposed upon them.
       (b) Purpose.--The purpose of this Act is to increase 
     accountability for and transparency in the Federal regulatory 
     process.

     SEC. 5003. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

       Chapter 8 of title 5, United States Code, is amended to 
     read as follows:

         ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.

     ``Sec. 801. Congressional review

       ``(a)(1)(A) Before a rule may take effect, the Federal 
     agency promulgating such rule shall submit to each House of 
     the Congress and to the Comptroller General a report 
     containing--
       ``(i) a copy of the rule;
       ``(ii) a concise general statement relating to the rule;
       ``(iii) a classification of the rule as a major or nonmajor 
     rule, including an explanation of the classification 
     specifically addressing each criteria for a major rule 
     contained within sections 804(2)(A), 804(2)(B), and 
     804(2)(C);
       ``(iv) a list of any other related regulatory actions 
     intended to implement the same statutory provision or 
     regulatory objective as well as the individual and aggregate 
     economic effects of those actions; and
       ``(v) the proposed effective date of the rule.
       ``(B) On the date of the submission of the report under 
     subparagraph (A), the Federal agency promulgating the rule 
     shall submit to the Comptroller General and make available to 
     each House of Congress--
       ``(i) a complete copy of the cost-benefit analysis of the 
     rule, if any;
       ``(ii) the agency's actions pursuant to title 5 of the 
     United States Code, sections 603, 604, 605, 607, and 609;
       ``(iii) the agency's actions pursuant to title 2 of the 
     United States Code, sections 1532, 1533, 1534, and 1535; and
       ``(iv) any other relevant information or requirements under 
     any other Act and any relevant Executive orders.
       ``(C) Upon receipt of a report submitted under subparagraph 
     (A), each House shall provide copies of the report to the 
     chairman and ranking member of each standing committee with 
     jurisdiction under the rules of the House of Representatives 
     or the Senate to report a bill to amend the provision of law 
     under which the rule is issued.
       ``(2)(A) The Comptroller General shall provide a report on 
     each major rule to the committees of jurisdiction by the end 
     of 15 calendar days after the submission or publication date 
     as provided in section 802(b)(2). The report of the 
     Comptroller General shall include an assessment of the 
     agency's compliance with procedural steps required by 
     paragraph (1)(B).
       ``(B) Federal agencies shall cooperate with the Comptroller 
     General by providing information relevant to the Comptroller 
     General's report under subparagraph (A).
       ``(3) A major rule relating to a report submitted under 
     paragraph (1) shall take effect upon enactment of a joint 
     resolution of approval described in section 802 or as 
     provided for in the rule following enactment of a joint 
     resolution of approval described in section 802, whichever is 
     later.
       ``(4) A nonmajor rule shall take effect as provided by 
     section 803 after submission to Congress under paragraph (1).
       ``(5) If a joint resolution of approval relating to a major 
     rule is not enacted within the period provided in subsection 
     (b)(2), then a joint resolution of approval relating to the 
     same rule may not be considered under this chapter in the 
     same Congress by either the House of Representatives or the 
     Senate.
       ``(b)(1) A major rule shall not take effect unless the 
     Congress enacts a joint resolution of approval described 
     under section 802.
       ``(2) If a joint resolution described in subsection (a) is 
     not enacted into law by the end of 70 session days or 
     legislative days, as applicable, beginning on the date on 
     which the report referred to in section 801(a)(1)(A) is 
     received by Congress (excluding days either House of Congress 
     is adjourned for more than 3 days during a session of 
     Congress), then the rule described in that resolution shall 
     be deemed not to be approved and such rule shall not take 
     effect.
       ``(c)(1) Notwithstanding any other provision of this 
     section (except subject to paragraph (3)), a major rule may 
     take effect for one 90-calendar-day period if the President 
     makes a determination under paragraph (2) and submits written 
     notice of such determination to the Congress.
       ``(2) Paragraph (1) applies to a determination made by the 
     President by Executive order that the major rule should take 
     effect because such rule is--
       ``(A) necessary because of an imminent threat to health or 
     safety or other emergency;
       ``(B) necessary for the enforcement of criminal laws;
       ``(C) necessary for national security; or
       ``(D) issued pursuant to any statute implementing an 
     international trade agreement.
       ``(3) An exercise by the President of the authority under 
     this subsection shall have no effect on the procedures under 
     section 802.
       ``(d)(1) In addition to the opportunity for review 
     otherwise provided under this chapter, in the case of any 
     rule for which a report was submitted in accordance with 
     subsection (a)(1)(A) during the period beginning on the date 
     occurring--
       ``(A) in the case of the Senate, 60 session days, or
       ``(B) in the case of the House of Representatives, 60 
     legislative days,
     before the date the Congress is scheduled to adjourn a 
     session of Congress through the date on which the same or 
     succeeding Congress first convenes its next session, sections 
     802 and 803 shall apply to such rule in the succeeding 
     session of Congress.
       ``(2)(A) In applying sections 802 and 803 for purposes of 
     such additional review, a rule described under paragraph (1) 
     shall be treated as though--
       ``(i) such rule were published in the Federal Register on--
       ``(I) in the case of the Senate, the 15th session day, or
       ``(II) in the case of the House of Representatives, the 
     15th legislative day,
     after the succeeding session of Congress first convenes; and
       ``(ii) a report on such rule were submitted to Congress 
     under subsection (a)(1) on such date.
       ``(B) Nothing in this paragraph shall be construed to 
     affect the requirement under subsection (a)(1) that a report 
     shall be submitted to Congress before a rule can take effect.
       ``(3) A rule described under paragraph (1) shall take 
     effect as otherwise provided by law (including other 
     subsections of this section).

     ``Sec. 802. Congressional approval procedure for major rules

       ``(a) For purposes of this section, the term `joint 
     resolution' means only a joint resolution introduced on or 
     after the date on which the report referred to in section 
     801(a)(1)(A) is received by Congress (excluding days either 
     House of Congress is adjourned for more than 3 days during a 
     session of Congress), the matter after the resolving clause 
     of which is as follows: `That Congress approves the rule 
     submitted by the _ _ relating to _ _.' (The blank spaces 
     being appropriately filled in).
       ``(1) In the House, the majority leader of the House of 
     Representatives (or his designee) and the minority leader of 
     the House of Representatives (or his designee) shall 
     introduce such joint resolution described in subsection (a) 
     (by request), within 3 legislative days after Congress 
     receives the report referred to in section 801(a)(1)(A).
       ``(2) In the Senate, the majority leader of the Senate (or 
     his designee) and the minority

[[Page S542]]

     leader of the Senate (or his designee) shall introduce such 
     joint resolution described in subsection (a) (by request), 
     within 3 session days after Congress receives the report 
     referred to in section 801(a)(1)(A).
       ``(b)(1) A joint resolution described in subsection (a) 
     shall be referred to the committees in each House of Congress 
     with jurisdiction under the rules of the House of 
     Representatives or the Senate to report a bill to amend the 
     provision of law under which the rule is issued.
       ``(2) For purposes of this section, the term `submission 
     date' means the date on which the Congress receives the 
     report submitted under section 801(a)(1).
       ``(c) In the Senate, if the committee or committees to 
     which a joint resolution described in subsection (a) has been 
     referred have not reported it at the end of 15 session days 
     after its introduction, such committee or committees shall be 
     automatically discharged from further consideration of the 
     resolution and it shall be placed on the calendar. A vote on 
     final passage of the resolution shall be taken on or before 
     the close of the 15th session day after the resolution is 
     reported by the committee or committees to which it was 
     referred, or after such committee or committees have been 
     discharged from further consideration of the resolution.
       ``(d)(1) In the Senate, when the committee or committees to 
     which a joint resolution is referred have reported, or when a 
     committee or committees are discharged (under subsection (c)) 
     from further consideration of a joint resolution described in 
     subsection (a), it is at any time thereafter in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for a motion to proceed to the consideration of 
     the joint resolution, and all points of order against the 
     joint resolution (and against consideration of the joint 
     resolution) are waived. The motion is not subject to 
     amendment, or to a motion to postpone, or to a motion to 
     proceed to the consideration of other business. A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order. If a motion to proceed to 
     the consideration of the joint resolution is agreed to, the 
     joint resolution shall remain the unfinished business of the 
     Senate until disposed of.
       ``(2) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 2 hours, which shall be 
     divided equally between those favoring and those opposing the 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       ``(3) In the Senate, immediately following the conclusion 
     of the debate on a joint resolution described in subsection 
     (a), and a single quorum call at the conclusion of the debate 
     if requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       ``(4) Appeals from the decisions of the Chair relating to 
     the application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       ``(e)(1) In the House of Representatives, if the committee 
     or committees to which a joint resolution described in 
     subsection (a) has been referred have not reported it at the 
     end of 15 legislative days after its introduction, such 
     committee or committees shall be automatically discharged 
     from further consideration of the resolution and it shall be 
     placed on the appropriate calendar. A vote on final passage 
     of the resolution shall be taken on or before the close of 
     the 15th legislative day after the resolution is reported by 
     the committee or committees to which it was referred, or 
     after such committee or committees have been discharged from 
     further consideration of the resolution.
       ``(2)(A) A motion in the House of Representatives to 
     proceed to the consideration of a resolution shall be 
     privileged and not debatable. An amendment to the motion 
     shall not be in order, nor shall it be in order to move to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to.
       ``(B) Debate in the House of Representatives on a 
     resolution shall be limited to not more than two hours, which 
     shall be divided equally between those favoring and those 
     opposing the resolution. A motion to further limit debate 
     shall not be debatable. No amendment to, or motion to 
     recommit, the resolution shall be in order. It shall not be 
     in order to reconsider the vote by which a resolution is 
     agreed to or disagreed to.
       ``(C) Motions to postpone, made in the House of 
     Representatives with respect to the consideration of a 
     resolution, and motions to proceed to the consideration of 
     other business, shall be decided without debate.
       ``(D) All appeals from the decisions of the Chair relating 
     to the application of the Rules of the House of 
     Representatives to the procedure relating to a resolution 
     shall be decided without debate.
       ``(f) If, before the passage by one House of a joint 
     resolution of that House described in subsection (a), that 
     House receives from the other House a joint resolution 
     described in subsection (a), then the following procedures 
     shall apply with respect to a joint resolution described in 
     subsection (a) of the House receiving the joint resolution--
       ``(1) the procedure in that House shall be the same as if 
     no joint resolution had been received from the other House; 
     but
       ``(2) the vote on final passage shall be on the joint 
     resolution of the other House.
       ``(g) The enactment of a resolution of approval does not 
     serve as a grant or modification of statutory authority by 
     Congress for the promulgation of a rule, does not extinguish 
     or affect any claim, whether substantive or procedural, 
     against any alleged defect in a rule, and shall not form part 
     of the record before the court in any judicial proceeding 
     concerning a rule.
       ``(h) This section and section 803 are enacted by 
     Congress--
       ``(1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a joint resolution described in 
     subsection (a), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       ``(2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     ``Sec. 803. Congressional disapproval procedure for nonmajor 
       rules

       ``(a) For purposes of this section, the term `joint 
     resolution' means only a joint resolution introduced in the 
     period beginning on the date on which the report referred to 
     in section 801(a)(1)(A) is received by Congress and ending 60 
     days thereafter (excluding days either House of Congress is 
     adjourned for more than 3 days during a session of Congress), 
     the matter after the resolving clause of which is as follows: 
     `That Congress disapproves the nonmajor rule submitted by the 
     _ _ relating to _ _, and such rule shall have no force or 
     effect.' (The blank spaces being appropriately filled in).
       ``(b)(1) A joint resolution described in subsection (a) 
     shall be referred to the committees in each House of Congress 
     with jurisdiction.
       ``(2) For purposes of this section, the term `submission or 
     publication date' means the later of the date on which--
       ``(A) the Congress receives the report submitted under 
     section 801(a)(1); or
       ``(B) the nonmajor rule is published in the Federal 
     Register, if so published.
       ``(c) In the Senate, if the committee to which is referred 
     a joint resolution described in subsection (a) has not 
     reported such joint resolution (or an identical joint 
     resolution) at the end of 15 session days after the date of 
     introduction of the joint resolution, such committee may be 
     discharged from further consideration of such joint 
     resolution upon a petition supported in writing by 30 Members 
     of the Senate, and such joint resolution shall be placed on 
     the calendar.
       ``(d)(1) In the Senate, when the committee to which a joint 
     resolution is referred has reported, or when a committee is 
     discharged (under subsection (c)) from further consideration 
     of a joint resolution described in subsection (a), it is at 
     any time thereafter in order (even though a previous motion 
     to the same effect has been disagreed to) for a motion to 
     proceed to the consideration of the joint resolution, and all 
     points of order against the joint resolution (and against 
     consideration of the joint resolution) are waived. The motion 
     is not subject to amendment, or to a motion to postpone, or 
     to a motion to proceed to the consideration of other 
     business. A motion to reconsider the vote by which the motion 
     is agreed to or disagreed to shall not be in order. If a 
     motion to proceed to the consideration of the joint 
     resolution is agreed to, the joint resolution shall remain 
     the unfinished business of the Senate until disposed of.
       ``(2) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 10 hours, which shall be 
     divided equally between those favoring and those opposing the 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       ``(3) In the Senate, immediately following the conclusion 
     of the debate on a joint resolution described in subsection 
     (a), and a single quorum call at the conclusion of the debate 
     if requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       ``(4) Appeals from the decisions of the Chair relating to 
     the application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       ``(e) In the Senate the procedure specified in subsection 
     (c) or (d) shall not apply to the consideration of a joint 
     resolution respecting a nonmajor rule--
       ``(1) after the expiration of the 60 session days beginning 
     with the applicable submission or publication date, or
       ``(2) if the report under section 801(a)(1)(A) was 
     submitted during the period referred to in section 801(d)(1), 
     after the expiration of the 60 session days beginning on the 
     15th session day after the succeeding session of Congress 
     first convenes.
       ``(f) If, before the passage by one House of a joint 
     resolution of that House described in subsection (a), that 
     House receives from the other House a joint resolution 
     described in subsection (a), then the following procedures 
     shall apply:
       ``(1) The joint resolution of the other House shall not be 
     referred to a committee.

[[Page S543]]

       ``(2) With respect to a joint resolution described in 
     subsection (a) of the House receiving the joint resolution--
       ``(A) the procedure in that House shall be the same as if 
     no joint resolution had been received from the other House; 
     but
       ``(B) the vote on final passage shall be on the joint 
     resolution of the other House.

     ``Sec. 804. Definitions

       ``For purposes of this chapter--
       ``(1) the term `Federal agency' means any agency as that 
     term is defined in section 551(1);
       ``(2) the term `major rule' means any rule, including an 
     interim final rule, that the Administrator of the Office of 
     Information and Regulatory Affairs of the Office of 
     Management and Budget finds has resulted in or is likely to 
     result in--
       ``(A) an annual effect on the economy of $100,000,000 or 
     more;
       ``(B) a major increase in costs or prices for consumers, 
     individual industries, Federal, State, or local government 
     agencies, or geographic regions; or
       ``(C) significant adverse effects on competition, 
     employment, investment, productivity, innovation, or on the 
     ability of United States-based enterprises to compete with 
     foreign-based enterprises in domestic and export markets;
       ``(3) the term `nonmajor rule' means any rule that is not a 
     major rule; and
       ``(4) the term `rule' has the meaning given such term in 
     section 551, except that such term does not include--
       ``(A) any rule of particular applicability, including a 
     rule that approves or prescribes for the future rates, wages, 
     prices, services, or allowances therefore, corporate or 
     financial structures, reorganizations, mergers, or 
     acquisitions thereof, or accounting practices or disclosures 
     bearing on any of the foregoing;
       ``(B) any rule relating to agency management or personnel; 
     or
       ``(C) any rule of agency organization, procedure, or 
     practice that does not substantially affect the rights or 
     obligations of non-agency parties.

     ``Sec. 805. Judicial review

       ``(a) No determination, finding, action, or omission under 
     this chapter shall be subject to judicial review.
       ``(b) Notwithstanding subsection (a), a court may determine 
     whether a Federal agency has completed the necessary 
     requirements under this chapter for a rule to take effect.

     ``Sec. 806. Exemption for monetary policy

       ``Nothing in this chapter shall apply to rules that concern 
     monetary policy proposed or implemented by the Board of 
     Governors of the Federal Reserve System or the Federal Open 
     Market Committee.

     ``Sec. 807. Effective date of certain rules

       ``Notwithstanding section 801--
       ``(1) any rule that establishes, modifies, opens, closes, 
     or conducts a regulatory program for a commercial, 
     recreational, or subsistence activity related to hunting, 
     fishing, or camping; or
       ``(2) any rule other than a major rule which an agency for 
     good cause finds (and incorporates the finding and a brief 
     statement of reasons therefore in the rule issued) that 
     notice and public procedure thereon are impracticable, 
     unnecessary, or contrary to the public interest,
     shall take effect at such time as the Federal agency 
     promulgating the rule determines.''.
                                 ______
                                 
  SA 1530. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, add the following:

     SEC. ___. NATIONAL HIGHWAY PERFORMANCE PROGRAM; DEFICIT 
                   REDUCTION.

       (a) Of the amounts made available under titles II through 
     VI of division I of the Consolidated Appropriations Act, 2012 
     (Public Law 112-74; 125 Stat. 786), $14,677,000,000 are 
     rescinded and transferred to the general fund of the Treasury 
     and used for deficit reduction.
       (b) The authorization of appropriations to carry out the 
     national highway performance program under section 119 of 
     title 23, United States Code (as amended by section 1106) is 
     increased by $7,338,000,000.
       (c) The total amount specified in subsection (a) shall be 
     derived from an amount rescinded from programs and projects 
     for which funds are made available under titles II through VI 
     of division I of the Consolidated Appropriations Act, 2012 
     (Public Law 112-74; 125 Stat. 786), as determined, for each 
     such program or project, by the Secretary of State or the 
     head of any other agency having administrative authority over 
     the program or project.
                                 ______
                                 
  SA 1531. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON FOREIGN ASSISTANCE TO EGYPT.

       Beginning 30 days after the date of the enactment of this 
     Act, no amounts may be obligated or expended to provide any 
     direct United States assistance to the Government of Egypt 
     unless the President certifies to Congress that the 
     Government of Egypt is not holding, detaining, prosecuting, 
     harassing, or preventing the exit from Egypt of any person 
     working for a nongovernmental organization supported by the 
     United States Government, and that the Government of Egypt is 
     not holding any property of any such nongovernmental 
     organization.
                                 ______
                                 
  SA 1532. Mr. PAUL (for himself, Mr. Vitter, and Mr. Alexander) 
submitted an amendment intended to be proposed by him to the bill S. 
1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NONAPPLICATION OF DAVIS-BACON.

       None of the funds made available under this Act (or an 
     amendment made by this Act) may be used to administer or 
     enforce the wage-rate requirements of subchapter IV of 
     chapter 31 of part A of subtitle II of title 40, United 
     States Code (commonly referred to as the ``Davis-Bacon Act'') 
     with respect to any project or program funded under this Act 
     (or amendment).
                                 ______
                                 
  SA 1533. Mr. MENENDEZ (for himself, Mr. Kirk, Mr. Durbin, and Mr. 
Lautenberg) submitted an amendment intended to be proposed by him to 
the bill S. 1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of subtitle E of title I of division A, add the 
     following:

     SEC. ____. PAY-TO-PLAY REFORM.

       Section 112 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(h) Pay-to-Play Reform.--A State transportation 
     department shall not be considered to have violated a 
     requirement of this section solely because the State in which 
     that State transportation department is located, or a local 
     government within that State, has in effect a law or an order 
     that limits the amount of money an individual or entity that 
     is doing business with a State or local agency with respect 
     to a Federal-aid highway project may contribute to a 
     political party, campaign, candidate, or elected official.''.

                          ____________________