[Congressional Record Volume 158, Number 33 (Thursday, March 1, 2012)]
[Senate]
[Pages S1210-S1367]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1757. Mr. UDALL of New Mexico (for himself and 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:

       Beginning on page 210, strike line 10 and all that follows 
     through page 218, line 20, and insert the following:
       ``(A) Basis.--After making the set asides authorized under 
     subsections (a)(6), (c), (d), and (e) on October 1 of each 
     fiscal year, the Secretary shall distribute the remainder 
     authorized to be appropriated for the tribal transportation 
     program under this section among Indian tribes as described 
     in subparagraph (B).
       ``(B) Tribal shares.--
       ``(i) In general.--Subject to clause (ii), tribal shares 
     under this program shall be determined in the same manner as 
     determined under section 202, as in effect on the day before 
     the date of enactment of the MAP 21, except that inventory 
     included under subsection (d)(2)(G)(ii) of that section 202 
     after the date of enactment of the MAP 21 shall not be used 
     to determine the relative transportation needs of an Indian 
     tribe under any disbursement formula developed in accordance 
     with this subparagraph.
       ``(ii) Committee on formula grants.--

       ``(I) In general.--The Secretary and the Secretary of the 
     Interior shall jointly establish a committee on formula 
     grants under the tribal transportation program, which shall 
     be composed of--

       ``(aa) 1 representative from each Region of the Bureau of 
     Indian Affairs, who shall be appointed by the Secretary based 
     on the recommendation of the Indian tribes in each such 
     Region; and
       ``(bb) employees of the Department of Transportation and 
     the Department of the Interior having expertise in tribal 
     transportation.

       ``(II) Duties of the committee.--During the 18-month period 
     after the date of enactment of the MAP 21, the committee 
     shall develop a formula for the distribution of amounts under 
     this section.
       ``(III) Implementation.--The Secretary shall implement the 
     distribution formula developed under subclause (II) in the 
     first fiscal year after the date on which the formula is 
     developed.
       ``(IV) Report.--Not later than 2 years after the date of 
     enactment of the MAP 21, the Secretary of the Interior, in 
     consultation with the committee, shall submit to Congress a 
     report that describes the implementation of and transition to 
     the distribution formula developed by the committee.

       ``(iii) Applicability.--If the committee established under 
     clause (ii) fails to develop a proposed distribution formula, 
     the distribution formula under section 202, as in effect on 
     the day before the date of enactment of the MAP 21 and 
     modified by clause (i), shall remain in effect.
                                 ______
                                 
  SA 1758. Mr. DURBIN 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. ___. PASSENGER RAIL AIR QUALITY STUDY.

       (a) In General.--The Secretary shall--
       (1) conduct a study of the air quality in--
       (A) passenger cars of commuter and intercity trains with 
     diesel or diesel-electric locomotives; and
       (B) rail stations serviced by diesel or diesel-electric 
     locomotives; and
       (2) determine cost-effective ways to reduce diesel 
     emissions and improve air quality in the passenger cars and 
     rail stations described in paragraph (1).
       (b) Consultation Requirement.--In conducting the study 
     under subsection (a)(1), the Secretary shall consult with 
     representatives of--
       (1) the Environmental Protection Agency;
       (2) the Federal Railroad Administration;
       (3) the Federal Transit Administration;
       (4) the Occupational Safety and Health Administration;
       (5) State Departments of Transportation;
       (6) commuter rail transit agencies;
       (7) the public transportation industry;
       (8) public health groups; and
       (9) commuter rail worker organizations.
       (c) Report.--
       (1) Submission to congress.--Not later than 1 year after 
     the date of the enactment of this Act, the Secretary shall 
     submit a report containing the results of the study conducted 
     under subsection (a)(1) and the determinations made under 
     subsection (a)(2) to--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (B) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate; and
       (C) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (2) Public dissemination.--The report submitted under 
     paragraph (1) shall be simultaneously made available through 
     a publicly accessible Internet website.
                                 ______
                                 
  SA 1759. Mr. BINGAMAN (for himself and Mr. Durbin) 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 3 and 4, insert the following:
       ``(C) Further adjustment for privatized highways.--
       ``(i) Definition of privatized highway.--In this 
     subparagraph:

       ``(I) In general.--The term `privatized highway' means a 
     highway that was formerly a publically operated toll road 
     that is subject to an agreement giving a private entity--

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

       ``(II) Exclusion.--The term `privatized highway' does not 
     include any highway or toll road that was originally--

       ``(aa) financed and constructed using private funds; and
       ``(bb) operated by a private entity.
       ``(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 lane miles on privatized highway 
     lanes on National Highway System routes in a State; bears to
       ``(BB) the total number of all lane miles on 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 highway 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.
       ``(iv) Reapportionment.--An amount withheld from 
     apportionment to a State under clause (ii) shall be 
     reapportioned among all other States based on the proportions 
     calculated under subparagraph (A).
                                 ______
                                 
  SA 1760. Mr. BROWN of Ohio 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 469, after line 22, add the following:

     SEC. 15__. UPDATED CORROSION CONTROL AND PREVENTION REPORT.

       Not later than 30 months after the date of enactment of 
     this Act, the Secretary shall submit to Congress an updated 
     report on the costs and benefits of the prevention and 
     control of corrosion on transportation infrastructure of the 
     United States.
                                 ______
                                 
  SA 1761. Mr. REID proposed an amendment to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; as follows:

       Strike all after the first word and insert the following:

     1. SHORT TITLE; ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
                   CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Moving 
     Ahead for Progress in the 21st Century Act'' or the ``MAP 
     21''.
       (b) Divisions.--This Act is organized into 4 divisions as 
     follows:
       (1) Division A Federal-aid Highways and Highway Safety 
     Construction Programs.
       (2) Division B Public Transportation.
       (3) Division C Transportation Safety and Surface 
     Transportation Policy.
       (4) Division D Finance.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; organization of Act into divisions; table of 
              contents.

   DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION 
                                PROGRAMS

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.

[[Page S1211]]

Sec. 1103. Definitions.
Sec. 1104. National highway system.
Sec. 1105. Apportionment.
Sec. 1106. National highway performance program.
Sec. 1107. Emergency relief.
Sec. 1108. Transportation mobility program.
Sec. 1109. Workforce development.
Sec. 1110. Highway use tax evasion projects.
Sec. 1111. National bridge and tunnel inventory and inspection 
              standards.
Sec. 1112. Highway safety improvement program.
Sec. 1113. Congestion mitigation and air quality improvement program.
Sec. 1114. Territorial and Puerto Rico highway program.
Sec. 1115. National freight program.
Sec. 1116. Federal lands and tribal transportation programs.
Sec. 1117. Alaska Highway.
Sec. 1118. Projects of national and regional significance.

                   Subtitle B--Performance Management

Sec. 1201. Metropolitan transportation planning.
Sec. 1202. Statewide and nonmetropolitan transportation planning.
Sec. 1203. National goals.

              Subtitle C--Acceleration of Project Delivery

Sec. 1301. Project delivery initiative.
Sec. 1302. Clarified eligibility for early acquisition activities prior 
              to completion of NEPA review.
Sec. 1303. Efficiencies in contracting.
Sec. 1304. Innovative project delivery methods.
Sec. 1305. Assistance to affected State and Federal agencies.
Sec. 1306. Application of categorical exclusions for multimodal 
              projects.
Sec. 1307. State assumption of responsibilities for categorical 
              exclusions.
Sec. 1308. Surface transportation project delivery program.
Sec. 1309. Categorical exclusion for projects within the right-of-way.
Sec. 1310. Programmatic agreements and additional categorical 
              exclusions.
Sec. 1311. Accelerated decisionmaking in environmental reviews.
Sec. 1312. Memoranda of agency agreements for early coordination.
Sec. 1313. Accelerated decisionmaking.
Sec. 1314. Environmental procedures initiative.
Sec. 1315. Alternative relocation payment demonstration program.
Sec. 1316. Review of Federal project and program delivery.

                       Subtitle D--Highway Safety

Sec. 1401. Jason's Law.
Sec. 1402. Open container requirements.
Sec. 1403. Minimum penalties for repeat offenders for driving while 
              intoxicated or driving under the influence.
Sec. 1404. Adjustments to penalty provisions.
Sec. 1405. Highway worker safety.
Sec. 1406. Guardrail safety and cost study.

                       Subtitle E--Miscellaneous

Sec. 1501. Program efficiencies.
Sec. 1502. Project approval and oversight.
Sec. 1503. Standards.
Sec. 1504. Construction.
Sec. 1505. Maintenance.
Sec. 1506. Federal share payable.
Sec. 1507. Transferability of Federal-aid highway funds.
Sec. 1508. Special permits during periods of national emergency.
Sec. 1509. Electric vehicle charging stations.
Sec. 1510. HOV facilities.
Sec. 1511. Construction equipment and vehicles.
Sec. 1512. Use of debris from demolished bridges and overpasses.
Sec. 1513. Extension of public transit vehicle exemption from axle 
              weight restrictions.
Sec. 1514. Uniform Relocation Assistance Act amendments.
Sec. 1515. Use of youth service and conservation corps.
Sec. 1516. Consolidation of programs; repeal of obsolete provisions.
Sec. 1517. Rescissions.
Sec. 1518. State autonomy for culvert pipe selection.
Sec. 1519. Effective and significant performance measures.
Sec. 1520. Requirements for eligible bridge projects.
Sec. 1521. Idle reduction technology.
Sec. 1522. Report on Highway Trust Fund expenditures.
Sec. 1523. Evacuation routes.
Sec. 1524. Defense access road program enhancements to address 
              transportation infrastructure in the vicinity of military 
              installations.
Sec. 1525. Express lanes demonstration program.
Sec. 1526. Treatment of historic signs.
Sec. 1527. Consolidation of grants.

                    TITLE II--RESEARCH AND EDUCATION

                          Subtitle A--Funding

Sec. 2101. Authorization of appropriations.

            Subtitle B--Research, Technology, and Education

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

        Subtitle C--Intelligent Transportation Systems Research

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

          TITLE III--AMERICA FAST FORWARD FINANCING INNOVATION

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

                  TITLE IV--HIGHWAY SPENDING CONTROLS

Sec. 4001. Highway spending controls.

                   DIVISION B--PUBLIC TRANSPORTATION

Sec. 20001. Short title.
Sec. 20002. Repeals.
Sec. 20003. Policies, purposes, and goals.
Sec. 20004. Definitions.
Sec. 20005. Metropolitan transportation planning.
Sec. 20006. Statewide and nonmetropolitan transportation planning.
Sec. 20007. Public Transportation Emergency Relief Program.
Sec. 20008. Urbanized area formula grants.
Sec. 20009. Clean fuel grant program.
Sec. 20010. Fixed guideway capital investment grants.
Sec. 20011. Formula grants for the enhanced mobility of seniors and 
              individuals with disabilities.
Sec. 20012. Formula grants for other than urbanized areas.
Sec. 20013. Research, development, demonstration, and deployment 
              projects.
Sec. 20014. Technical assistance and standards development.
Sec. 20015. Bus testing facilities.
Sec. 20016. Public transportation workforce development and human 
              resource programs.
Sec. 20017. General provisions.
Sec. 20018. Contract requirements.
Sec. 20019. Transit asset management.
Sec. 20020. Project management oversight.
Sec. 20021. Public transportation safety.
Sec. 20022. Alcohol and controlled substances testing.
Sec. 20023. Nondiscrimination.
Sec. 20024. Labor standards.
Sec. 20025. Administrative provisions.
Sec. 20026. National transit database.
Sec. 20027. Apportionment of appropriations for formula grants.
Sec. 20028. State of good repair grants.
Sec. 20029. Authorizations.
Sec. 20030. Apportionments based on growing States and high density 
              States formula factors.
Sec. 20031. Technical and conforming amendments.

  DIVISION C--TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY

   TITLE I--MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF 2012

Sec. 31001. Short title.
Sec. 31002. Definition.

                       Subtitle A--Highway Safety

Sec. 31101. Authorization of appropriations.
Sec. 31102. Highway safety programs.
Sec. 31103. Highway safety research and development.
Sec. 31104. National driver register.
Sec. 31105. Combined occupant protection grants.
Sec. 31106. State traffic safety information system improvements.
Sec. 31107. Impaired driving countermeasures.
Sec. 31108. Distracted driving grants.
Sec. 31109. High visibility enforcement program.
Sec. 31110. Motorcyclist safety.
Sec. 31111. Driver alcohol detection system for safety research.
Sec. 31112. State graduated driver licensing laws.
Sec. 31113. Agency accountability.
Sec. 31114. Emergency medical services.

                Subtitle B--Enhanced Safety Authorities

Sec. 31201. Definition of motor vehicle equipment.
Sec. 31202. Permit reminder system for non-use of safety belts.
Sec. 31203. Civil penalties.
Sec. 31204. Motor vehicle safety research and development.
Sec. 31205. Rental truck accident study.
Sec. 31206. Odometer requirements.

[[Page S1212]]

Sec. 31207. Increased penalties and damages for odometer fraud.
Sec. 31208. Extend prohibitions on importing noncompliant vehicles and 
              equipment to defective vehicles and equipment.
Sec. 31209. Financial responsibility requirements for importers.
Sec. 31210. Conditions on importation of vehicles and equipment.
Sec. 31211. Port inspections; samples for examination or testing.

              Subtitle C--Transparency and Accountability

Sec. 31301. Improved National Highway Traffic Safety Administration 
              vehicle safety database.
Sec. 31302. National Highway Traffic Safety Administration hotline for 
              manufacturer, dealer, and mechanic personnel.
Sec. 31303. Consumer notice of software updates and other 
              communications with dealers.
Sec. 31304. Public availability of early warning data.
Sec. 31305. Corporate responsibility for National Highway Traffic 
              Safety Administration reports.
Sec. 31306. Passenger motor vehicle information program.
Sec. 31307. Promotion of vehicle defect reporting.
Sec. 31308. Whistleblower protections for motor vehicle manufacturers, 
              part suppliers, and dealership employees.
Sec. 31309. Anti-revolving door.
Sec. 31310. Study of crash data collection.
Sec. 31311. Update means of providing notification; improving efficacy 
              of recalls.
Sec. 31312. Expanding choices of remedy available to manufacturers of 
              replacement equipment.
Sec. 31313. Recall obligations and bankruptcy of manufacturer.
Sec. 31314. Repeal of insurance reports and information provision.
Sec. 31315. Monroney sticker to permit additional safety rating 
              categories.

          Subtitle D--Vehicle Electronics and Safety Standards

Sec. 31401. National Highway Traffic Safety Administration electronics, 
              software, and engineering expertise.
Sec. 31402. Vehicle stopping distance and brake override standard.
Sec. 31403. Pedal placement standard.
Sec. 31404. Electronic systems performance standard.
Sec. 31405. Pushbutton ignition systems standard.
Sec. 31406. Vehicle event data recorders.
Sec. 31407. Prohibition on electronic visual entertainment in driver's 
              view.
Sec. 31408. Commercial motor vehicle rollover prevention and crash 
              mitigation.

                   Subtitle E--Child Safety Standards

Sec. 31501. Child safety seats.
Sec. 31502. Child restraint anchorage systems.
Sec. 31503. Rear seat belt reminders.
Sec. 31504. Unattended passenger reminders.
Sec. 31505. New deadline.

 Subtitle F--Improved Daytime and Nighttime Visibility of Agricultural 
                               Equipment

Sec. 31601. Rulemaking on visibility of agricultural equipment.

   TITLE II--COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 2012

Sec. 32001. Short title.
Sec. 32002. References to title 49, United States Code.

           Subtitle A--Commercial Motor Vehicle Registration

Sec. 32101. Registration of motor carriers.
Sec. 32102. Safety fitness of new operators.
Sec. 32103. Reincarnated carriers.
Sec. 32104. Financial responsibility requirements.
Sec. 32105. USDOT number registration requirement.
Sec. 32106. Registration fee system.
Sec. 32107. Registration update.
Sec. 32108. Increased penalties for operating without registration.
Sec. 32109. Revocation of registration for imminent hazard.
Sec. 32110. Revocation of registration and other penalties for failure 
              to respond to subpoena.
Sec. 32111. Fleetwide out of service order for operating without 
              required registration.
Sec. 32112. Motor carrier and officer patterns of safety violations.
Sec. 32113. Federal successor standard.

              Subtitle B--Commercial Motor Vehicle Safety

Sec. 32201. Repeal of commercial jurisdiction exception for brokers of 
              motor carriers of passengers.
Sec. 32202. Bus rentals and definition of employer.
Sec. 32203. Crashworthiness standards.
Sec. 32204. Canadian safety rating reciprocity.
Sec. 32205. State reporting of foreign commercial driver convictions.
Sec. 32206. Authority to disqualify foreign commercial drivers.
Sec. 32207. Revocation of foreign motor carrier operating authority for 
              failure to pay civil penalties.

                       Subtitle C--Driver Safety

Sec. 32301. Electronic on-board recording devices.
Sec. 32302. Safety fitness.
Sec. 32303. Driver medical qualifications.
Sec. 32304. Commercial driver's license notification system.
Sec. 32305. Commercial motor vehicle operator training.
Sec. 32306. Commercial driver's license program.
Sec. 32307. Commercial driver's license requirements.
Sec. 32308. Commercial motor vehicle driver information systems.
Sec. 32309. Disqualifications based on non-commercial motor vehicle 
              operations.
Sec. 32310. Federal driver disqualifications.
Sec. 32311. Employer responsibilities.
Sec. 32312. Improving and expediting safety assessments in the 
              commercial driver's license application process for 
              members and former members of the Armed Forces.

                   Subtitle D--Safe Roads Act of 2012

Sec. 32401. Short title.
Sec. 32402. National clearinghouse for controlled substance and alcohol 
              test results of commercial motor vehicle operators.
Sec. 32403. Drug and alcohol violation sanctions.
Sec. 32404. Authorization of appropriations.

                        Subtitle E--Enforcement

Sec. 32501. Inspection demand and display of credentials.
Sec. 32502. Out of service penalty for denial of access to records.
Sec. 32503. Penalties for violation of operation out of service orders.
Sec. 32504. Minimum prohibition on operation for unfit carriers.
Sec. 32505. Minimum out of service penalties.
Sec. 32506. Impoundment and immobilization of commercial motor vehicles 
              for imminent hazard.
Sec. 32507. Increased penalties for evasion of regulations.
Sec. 32508. Failure to pay civil penalty as a disqualifying offense.
Sec. 32509. Violations relating to commercial motor vehicle safety 
              regulation and operators.
Sec. 32510. Emergency disqualification for imminent hazard.
Sec. 32511. Intrastate operations of interstate motor carriers.
Sec. 32512. Enforcement of safety laws and regulations.
Sec. 32513. Disclosure to State and local law enforcement agencies.

             Subtitle F--Compliance, Safety, Accountability

Sec. 32601. Compliance, safety, accountability.
Sec. 32602. Performance and registration information systems management 
              program.
Sec. 32603. Commercial motor vehicle defined.
Sec. 32604. Driver safety fitness ratings.
Sec. 32605. Uniform electronic clearance for commercial motor vehicle 
              inspections.
Sec. 32606. Authorization of appropriations.
Sec. 32607. High risk carrier reviews.
Sec. 32608. Data and technology grants.
Sec. 32609. Driver safety grants.
Sec. 32610. Commercial vehicle information systems and networks.

           Subtitle G--Motorcoach Enhanced Safety Act of 2012

Sec. 32701. Short title.
Sec. 32702. Definitions.
Sec. 32703. Regulations for improved occupant protection, passenger 
              evacuation, and crash avoidance.
Sec. 32704. Standards for improved fire safety.
Sec. 32705. Occupant protection, collision avoidance, fire causation, 
              and fire extinguisher research and testing.
Sec. 32706. Motorcoach registration.
Sec. 32707. Improved oversight of motorcoach service providers.
Sec. 32708. Report on feasibility, benefits, and costs of establishing 
              a system of certification of training programs.
Sec. 32709. Report on driver's license requirements for 9- to 15-
              passenger vans.
Sec. 32710. Event data recorders.
Sec. 32711. Safety inspection program for commercial motor vehicles of 
              passengers.
Sec. 32712. Distracted driving.
Sec. 32713. Regulations.

       Subtitle H--Safe Highways and Infrastructure Preservation

Sec. 32801. Comprehensive truck size and weight limits study.
Sec. 32802. Compilation of existing State truck size and weight limit 
              laws.

                       Subtitle I--Miscellaneous

                         PART I--Miscellaneous

Sec. 32911. Detention time study.
Sec. 32912. Prohibition of coercion.
Sec. 32913. Motor carrier safety advisory committee.
Sec. 32914. Waivers, exemptions, and pilot programs.
Sec. 32915. Registration requirements.
Sec. 32916. Additional motor carrier registration requirements.

[[Page S1213]]

Sec. 32917. Registration of freight forwarders and brokers.
Sec. 32918. Effective periods of registration.
Sec. 32919. Financial security of brokers and freight forwarders.
Sec. 32920. Unlawful brokerage activities.

                PART II--Household Goods Transportation

Sec. 32921. Additional registration requirements for household goods 
              motor carriers.
Sec. 32922. Failure to give up possession of household goods.
Sec. 32923. Settlement authority.
Sec. 32924. Household goods transportation assistance program.
Sec. 32925. Household goods consumer education program.

                     PART III--Technical Amendments

Sec. 32931. Update of obsolete text.
Sec. 32932. Correction of interstate commerce commission references.
Sec. 32933. Technical and conforming amendments.

    TITLE III--SURFACE TRANSPORTATION AND FREIGHT POLICY ACT OF 2012

Sec. 33001. Short title.
Sec. 33002. Establishment of a national surface transportation and 
              freight policy.
Sec. 33003. Surface transportation and freight strategic plan.
Sec. 33004. Transportation investment data and planning tools.
Sec. 33005. Port infrastructure development initiative.
Sec. 33006. Safety for motorized and nonmotorized users.

TITLE IV--HAZARDOUS MATERIALS TRANSPORTATION SAFETY IMPROVEMENT ACT OF 
                                  2012

Sec. 34001. Short title.
Sec. 34002. Definition.
Sec. 34003. References to title 49, United States Code.
Sec. 34004. Training for emergency responders.
Sec. 34005. Paperless Hazard Communications Pilot Program.
Sec. 34006. Improving data collection, analysis, and reporting.
Sec. 34007. Loading and unloading of hazardous materials.
Sec. 34008. Hazardous material technical assessment, research and 
              development, and analysis program.
Sec. 34009. Hazardous Material Enforcement Training Program.
Sec. 34010. Inspections.
Sec. 34011. Civil penalties.
Sec. 34012. Reporting of fees.
Sec. 34013. Special permits, approvals, and exclusions.
Sec. 34014. Highway routing disclosures.
Sec. 34015. Authorization of appropriations.

      TITLE V--RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION 
                      REAUTHORIZATION ACT OF 2012

Sec. 35001. Short title.
Sec. 35002. National Cooperative Freight Research Program.
Sec. 35003. Bureau of Transportation Statistics.
Sec. 35004. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure 
              communications systems deployment.
Sec. 35005. Administrative authority.
Sec. 35006. Prize authority.
Sec. 35007. Transportation research and development.
Sec. 35008. Use of funds for intelligent transportation systems 
              activities.
Sec. 35009. Authorization of appropriations.

TITLE VI--NATIONAL RAIL SYSTEM PRESERVATION, EXPANSION, AND DEVELOPMENT 
                              ACT OF 2012

Sec. 36001. Short title.
Sec. 36002. References to title 49, United States Code.

 Subtitle A--Federal and State Roles in Rail Planning and Development 
                                 Tools

Sec. 36101. Rail plans.
Sec. 36102. Improved data on delay.
Sec. 36103. Data and modeling.
Sec. 36104. Shared-use corridor study.
Sec. 36105. Cooperative equipment pool.
Sec. 36106. Project management oversight and planning.
Sec. 36107. Improvements to the Capital Assistance Programs.
Sec. 36108. Liability.
Sec. 36109. Disadvantaged business enterprises.
Sec. 36110. Workforce development.
Sec. 36111. Veterans employment.

                           Subtitle B--Amtrak

Sec. 36201. State-supported routes.
Sec. 36202. Northeast corridor infrastructure and operations advisory 
              commission.
Sec. 36203. Northeast corridor high-speed rail improvement plan.
Sec. 36204. Northeast corridor environmental review process.
Sec. 36205. Delegation authority.
Sec. 36206. Amtrak inspector general.
Sec. 36207. Compensation for private-sector use of Federally-funded 
              assets.
Sec. 36208. On-time performance.
Sec. 36209. Board of directors.

                  Subtitle C--Rail Safety Improvements

Sec. 36301. Positive train control.
Sec. 36302. Additional eligibility for railroad rehabilitation and 
              improvement financing.
Sec. 36303. FCC study of spectrum availability.

                        Subtitle D--Freight Rail

Sec. 36401. Rail line relocation.
Sec. 36402. Compilation of complaints.
Sec. 36403. Maximum relief in certain rate cases.
Sec. 36404. Rate review timelines.
Sec. 36405. Revenue adequacy study.
Sec. 36406. Quarterly reports.
Sec. 36407. Workforce review.
Sec. 36408. Railroad rehabilitation and improvement financing.

                   Subtitle E--Technical Corrections

Sec. 36501. Technical corrections.
Sec. 36502. Condemnation authority.

  Subtitle F--Licensing and Insurance Requirements for Passenger Rail 
                                Carriers

Sec. 36601. Certification of passenger rail carriers.

 TITLE VII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY ACT 
                                OF 2012

Sec. 37001. Short title.
Sec. 37002. Amendment of Federal Aid in Sport Fish Restoration Act.

                          DIVISION D--FINANCE

Sec. 40001. Short title.

  TITLE I--EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY AND 
                             RELATED TAXES

Sec. 40101. Extension of trust fund expenditure authority.
Sec. 40102. Extension of highway-related taxes.

                       TITLE II--OTHER PROVISIONS

Sec. 40201. Temporary increase in small issuer exception to tax-exempt 
              interest expense allocation rules for financial 
              institutions.
Sec. 40202. Temporary modification of alternative minimum tax 
              limitations on tax-exempt bonds.
Sec. 40203. Issuance of TRIP bonds by State infrastructure banks.
Sec. 40204. Extension of parity for exclusion from income for employer-
              provided mass transit and parking benefits.
Sec. 40205. Exempt-facility bonds for sewage and water supply 
              facilities.

                     TITLE III--REVENUE PROVISIONS

Sec. 40301. Transfer from Leaking Underground Storage Tank Trust Fund 
              to Highway Trust Fund.
Sec. 40302. Portion of Leaking Underground Storage Tank Trust Fund 
              financing rate transferred to Highway Trust Fund.
Sec. 40303. Transfer of gas guzzler taxes to Highway Trust Fund.
Sec. 40304. Revocation or denial of passport in case of certain unpaid 
              taxes.
Sec. 40305. 100 percent continuous levy on payments to Medicare 
              providers and suppliers.
Sec. 40306. Transfer of amounts attributable to certain duties on 
              imported vehicles into the Highway Trust Fund.
Sec. 40307. Treatment of securities of a controlled corporation 
              exchanged for assets in certain reorganizations.
Sec. 40308. Internal Revenue Service levies and Thrift Savings Plan 
              Accounts.
Sec. 40309. Depreciation and amortization rules for highway and related 
              property subject to long-term leases.
Sec. 40310. Extension for transfers of excess pension assets to retiree 
              health accounts.
Sec. 40311. Transfer of excess pension assets to retiree group term 
              life insurance accounts.
Sec. 40312. Pension funding stabilization.

     SEC. 2. DEFINITIONS.

       In this Act, the following definitions apply:
       (1) Department.--The term ``Department'' means the 
     Department of Transportation.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.

   DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION 
                                PROGRAMS

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

     SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--The following sums are authorized to be 
     appropriated out of the Highway Trust Fund (other than the 
     Mass Transit Account):
       (1) Federal-aid highway program.--For the national highway 
     performance program under section 119 of title 23, United 
     States Code, the transportation mobility program under 
     section 133 of that title, the highway safety improvement 
     program under section 148 of that title, the congestion 
     mitigation and air quality improvement program under section 
     149 of that title, the national freight program under section 
     167 of that title, and to carry out section 134 of that 
     title--
       (A) $39,143,000,000 for fiscal year 2012; and
       (B) $39,806,000,000 for fiscal year 2013.
       (2) Transportation infrastructure finance and innovation 
     program.--For credit assistance under the transportation 
     infrastructure finance and innovation program under chapter 6 
     of title 23, United States Code, $1,000,000,000 for each of 
     fiscal years 2012 and 2013.
       (3) Federal lands and tribal transportation programs.--
       (A) Tribal transportation program.--For the tribal 
     transportation program under section 202 of title 23, United 
     States Code, $450,000,000 for each of fiscal years 2012 and 
     2013.

[[Page S1214]]

       (B) Federal lands transportation program.--For the Federal 
     lands transportation program under section 203 of title 23, 
     United States Code, $300,000,000 for each of fiscal years 
     2012 and 2013, of which $260,000,000 of the amount made 
     available for each fiscal year shall be the amount for the 
     National Park Service and the United States Fish and Wildlife 
     Service.
       (C) Federal lands access program.--For the Federal lands 
     access program under section 204 of title 23, United States 
     Code, $250,000,000 for each of fiscal years 2012 and 2013.
       (4) Territorial and puerto rico highway program.--For the 
     territorial and Puerto Rico highway program under section 165 
     of title 23, United States Code, $180,000,000 for each of 
     fiscal years 2012 and 2013.
       (b) Disadvantaged Business Enterprises.--
       (1) Definitions.--In this subsection, the following 
     definitions apply:
       (A) Small business concern.--
       (i) In general.--The term ``small business concern'' means 
     a small business concern (as the term is used in section 3 of 
     the Small Business Act (15 U.S.C. 632)).
       (ii) Exclusions.--The term ``small business concern'' does 
     not include any concern or group of concerns controlled by 
     the same socially and economically disadvantaged individual 
     or individuals that have average annual gross receipts during 
     the preceding 3 fiscal years in excess of $22,410,000, as 
     adjusted annually by the Secretary for inflation.
       (B) Socially and economically disadvantaged individuals.--
     The term ``socially and economically disadvantaged 
     individuals'' means--
       (i) women; and
       (ii) any other socially and economically disadvantaged 
     individuals (as the term is used in section 8(d) of the Small 
     Business Act (15 U.S.C. 637(d)) and relevant subcontracting 
     regulations promulgated pursuant to that Act).
       (2) Amounts for small business concerns.--Except to the 
     extent that the Secretary determines otherwise, not less than 
     10 percent of the amounts made available for any program 
     under divisions A and B of this Act and section 403 of title 
     23, United States Code, shall be expended through small 
     business concerns owned and controlled by socially and 
     economically disadvantaged individuals.
       (3) Annual listing of disadvantaged business enterprises.--
     Each State shall annually--
       (A) survey and compile a list of the small business 
     concerns referred to in paragraph (2) in the State, including 
     the location of the small business concerns in the State; and
       (B) notify the Secretary, in writing, of the percentage of 
     the small business concerns that are controlled by--
       (i) women;
       (ii) socially and economically disadvantaged individuals 
     (other than women); and
       (iii) individuals who are women and are otherwise socially 
     and economically disadvantaged individuals.
       (4) Uniform certification.--
       (A) In general.--The Secretary shall establish minimum 
     uniform criteria for use by State governments in certifying 
     whether a concern qualifies as a small business concern for 
     the purpose of this subsection.
       (B) Inclusions.--The minimum uniform criteria established 
     under subparagraph (A) shall include, with respect to a 
     potential small business concern--
       (i) on-site visits;
       (ii) personal interviews with personnel;
       (iii) issuance or inspection of licenses;
       (iv) analyses of stock ownership;
       (v) listings of equipment;
       (vi) analyses of bonding capacity;
       (vii) listings of work completed;
       (viii) examination of the resumes of principal owners;
       (ix) analyses of financial capacity; and
       (x) analyses of the type of work preferred.
       (5) Reporting.--The Secretary shall establish minimum 
     requirements for use by State governments in reporting to the 
     Secretary--
       (A) information concerning disadvantaged business 
     enterprise awards, commitments, and achievements; and
       (B) such other information as the Secretary determines to 
     be appropriate for the proper monitoring of the disadvantaged 
     business enterprise program.
       (6) Compliance with court orders.--Nothing in this 
     subsection limits the eligibility of an individual or entity 
     to receive funds made available under divisions A and B of 
     this Act and section 403 of title 23, United States Code, if 
     the entity or person is prevented, in whole or in part, from 
     complying with paragraph (2) because a Federal court issues a 
     final order in which the court finds that a requirement or 
     the implementation of paragraph (2) is unconstitutional.

     SEC. 1102. OBLIGATION CEILING.

       (a) General Limitation.--Subject to subsection (e), and 
     notwithstanding any other provision of law, the obligations 
     for Federal-aid highway and highway safety construction 
     programs shall not exceed--
       (1) $41,564,000,000 for fiscal year 2012; and
       (2) $42,227,000,000 for fiscal year 2013.
       (b) Exceptions.--The limitations under subsection (a) shall 
     not apply to obligations under or for--
       (1) section 125 of title 23, United States Code;
       (2) section 147 of the Surface Transportation Assistance 
     Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
       (3) section 9 of the Federal-Aid Highway Act of 1981 (95 
     Stat. 1701);
       (4) subsections (b) and (j) of section 131 of the Surface 
     Transportation Assistance Act of 1982 (96 Stat. 2119);
       (5) subsections (b) and (c) of section 149 of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987 
     (101 Stat. 198);
       (6) sections 1103 through 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2027);
       (7) section 157 of title 23, United States Code (as in 
     effect on June 8, 1998);
       (8) section 105 of title 23, United States Code (as in 
     effect for fiscal years 1998 through 2004, but only in an 
     amount equal to $639,000,000 for each of those fiscal years);
       (9) Federal-aid highway programs for which obligation 
     authority was made available under the Transportation Equity 
     Act for the 21st Century (112 Stat. 107) or subsequent Acts 
     for multiple years or to remain available until expended, but 
     only to the extent that the obligation authority has not 
     lapsed or been used;
       (10) section 105 of title 23, United States Code (but, for 
     each of fiscal years 2005 through 2011, only in an amount 
     equal to $639,000,000 for each of those fiscal years);
       (11) section 1603 of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users (119 
     Stat. 1248), to the extent that funds obligated in accordance 
     with that section were not subject to a limitation on 
     obligations at the time at which the funds were initially 
     made available for obligation; and
       (12) section 119 of title 23, United States Code (but, for 
     each of fiscal years 2012 through 2013, only in an amount 
     equal to $639,000,000 for each of those fiscal years).
       (c) Distribution of Obligation Authority.--For each of 
     fiscal years 2012 through 2013, the Secretary--
       (1) shall not distribute obligation authority provided by 
     subsection (a) for the fiscal year for--
       (A) amounts authorized for administrative expenses and 
     programs by section 104(a) of title 23, United States Code; 
     and
       (B) amounts authorized for the Bureau of Transportation 
     Statistics;
       (2) shall not distribute an amount of obligation authority 
     provided by subsection (a) that is equal to the unobligated 
     balance of amounts made available from the Highway Trust Fund 
     (other than the Mass Transit Account) for Federal-aid highway 
     and highway safety construction programs for previous fiscal 
     years the funds for which are allocated by the Secretary;
       (3) shall determine the proportion that--
       (A) the obligation authority provided by subsection (a) for 
     the fiscal year, less the aggregate of amounts not 
     distributed under paragraphs (1) and (2) of this subsection; 
     bears to
       (B) the total of the sums authorized to be appropriated for 
     the Federal-aid highway and highway safety construction 
     programs (other than sums authorized to be appropriated for 
     provisions of law described in paragraphs (1) through (11) of 
     subsection (b) and sums authorized to be appropriated for 
     section 119 of title 23, United States Code, equal to the 
     amount referred to in subsection (b)(12) for the fiscal 
     year), less the aggregate of the amounts not distributed 
     under paragraphs (1) and (2) of this subsection;
       (4) shall distribute the obligation authority provided by 
     subsection (a), less the aggregate amounts not distributed 
     under paragraphs (1) and (2), for each of the programs that 
     are allocated by the Secretary under this Act and title 23, 
     United States Code (other than to programs to which paragraph 
     (1) applies), by multiplying--
       (A) the proportion determined under paragraph (3); by
       (B) the amounts authorized to be appropriated for each such 
     program for the fiscal year; and
       (5) shall distribute the obligation authority provided by 
     subsection (a), less the aggregate amounts not distributed 
     under paragraphs (1) and (2) and the amounts distributed 
     under paragraph (4), for Federal-aid highway and highway 
     safety construction programs that are apportioned by the 
     Secretary under title 23, United States Code (other than the 
     amounts apportioned for the national highway performance 
     program in section 119 of title 23, United States Code, that 
     are exempt from the limitation under subsection (b)(12)) in 
     the proportion that--
       (A) amounts authorized to be appropriated for the programs 
     that are apportioned under title 23, United States Code, to 
     each State for the fiscal year; bears to
       (B) the total of the amounts authorized to be appropriated 
     for the programs that are apportioned under title 23, United 
     States Code, to all States for the fiscal year.
       (d) Redistribution of Unused Obligation Authority.--
     Notwithstanding subsection (c), the Secretary shall, after 
     August 1 of each of fiscal years 2012 through 2013--
       (1) revise a distribution of the obligation authority made 
     available under subsection (c) if an amount distributed 
     cannot be obligated during that fiscal year; and
       (2) redistribute sufficient amounts to those States able to 
     obligate amounts in addition to those previously distributed 
     during that fiscal year, giving priority to those States 
     having large unobligated balances of funds apportioned under 
     sections 144 (as in effect on the day before the date of 
     enactment of this Act) and 104 of title 23, United States 
     Code.

[[Page S1215]]

       (e) Applicability of Obligation Limitations to 
     Transportation Research Programs.--
       (1) In general.--Except as provided in paragraph (2), 
     obligation limitations imposed by subsection (a) shall apply 
     to contract authority for transportation research programs 
     carried out under--
       (A) chapter 5 of title 23, United States Code; and
       (B) title II of this Act.
       (2) Exception.--Obligation authority made available under 
     paragraph (1) shall--
       (A) remain available for a period of 4 fiscal years; and
       (B) be in addition to the amount of any limitation imposed 
     on obligations for Federal-aid highway and highway safety 
     construction programs for future fiscal years.
       (f) Redistribution of Certain Authorized Funds.--
       (1) In general.--Not later than 30 days after the date of 
     distribution of obligation authority under subsection (c) for 
     each of fiscal years 2012 through 2013, the Secretary shall 
     distribute to the States any funds that--
       (A) are authorized to be appropriated for the fiscal year 
     for Federal-aid highway programs; and
       (B) the Secretary determines will not be allocated to the 
     States, and will not be available for obligation, for the 
     fiscal year because of the imposition of any obligation 
     limitation for the fiscal year.
       (2) Ratio.--Funds shall be distributed under paragraph (1) 
     in the same proportion as the distribution of obligation 
     authority under subsection (c)(5).
       (3) Availability.--Funds distributed to each State under 
     paragraph (1) shall be available for any purpose described in 
     section 133(c) of title 23, United States Code.
       (4) Exceptions.--This subsection shall not apply to funds 
     provided for the tribal transportation program under section 
     202 of title 23, United States Code.

     SEC. 1103. DEFINITIONS.

       (a) Definitions.--Section 101(a) of title 23, United States 
     Code, is amended--
       (1) by striking paragraphs (6), (7), (9), (12), (19), (20), 
     (24), (25), (26), (28), (38), and (39);
       (2) by redesignating paragraphs (2), (3), (4), (5), (8), 
     (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), 
     (29), (30), (31), (32), (33), (34), (35), (36), and (37) as 
     paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), 
     (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), 
     (26), (28), (29), (33), and (34), respectively;
       (3) by inserting after paragraph (1) the following:
       ``(2) Asset management.--The term `asset management' means 
     a strategic and systematic process of operating, maintaining, 
     and improving physical assets, with a focus on both 
     engineering and economic analysis based upon quality 
     information, to identify a structured sequence of 
     maintenance, preservation, repair, rehabilitation, and 
     replacement actions that will achieve and sustain a desired 
     state of good repair over the lifecycle of the assets at 
     minimum practicable cost.'';
       (4) in paragraph (4) (as redesignated by paragraph (2))--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``or any project eligible for assistance under this title'' 
     after ``of a highway'';
       (B) by striking subparagraph (A) and inserting the 
     following:
       ``(A) preliminary engineering, engineering, and design-
     related services directly relating to the construction of a 
     highway project, including engineering, design, project 
     development and management, construction project management 
     and inspection, surveying, mapping (including the 
     establishment of temporary and permanent geodetic control in 
     accordance with specifications of the National Oceanic and 
     Atmospheric Administration), and architectural-related 
     services;'';
       (C) in subparagraph (B)--
       (i) by inserting ``reconstruction,'' before 
     ``resurfacing''; and
       (ii) by striking ``and rehabilitation'' and inserting 
     ``rehabilitation, and preservation'';
       (D) in subparagraph (E) by striking ``railway'' and 
     inserting ``railway-highway''; and
       (E) in subparagraph (F) by striking ``obstacles'' and 
     inserting ``hazards'';
       (5) in paragraph (6) (as so redesignated)--
       (A) by inserting ``public'' before ``highway eligible''; 
     and
       (B) by inserting ``functionally'' before ``classified'';
       (6) by inserting after paragraph (6) (as so redesignated) 
     the following:
       ``(7) Federal lands access transportation facility.--The 
     term `Federal Lands access transportation facility' means a 
     public highway, road, bridge, trail, or transit system that 
     is located on, is adjacent to, or provides access to Federal 
     lands for which title or maintenance responsibility is vested 
     in a State, county, town, township, tribal, municipal, or 
     local government.
       ``(8) Federal lands transportation facility.--The term 
     `Federal lands transportation facility' means a public 
     highway, road, bridge, trail, or transit system that is 
     located on, is adjacent to, or provides access to Federal 
     lands for which title and maintenance responsibility is 
     vested in the Federal Government, and that appears on the 
     national Federal lands transportation facility inventory 
     described in section 203(c).'';
       (7) in paragraph (11)(B) by inserting ``including public 
     roads on dams'' after ``drainage structure'';
       (8) in paragraph (14) (as so redesignated)--
       (A) by striking ``as a'' and inserting ``as an air 
     quality''; and
       (B) by inserting ``air quality'' before ``attainment 
     area'';
       (9) in paragraph (18) (as so redesignated) by striking ``an 
     undertaking to construct a particular portion of a highway, 
     or if the context so implies, the particular portion of a 
     highway so constructed or any other undertaking'' and 
     inserting ``any undertaking'';
       (10) in paragraph (19) (as so redesignated)--
       (A) by striking ``the State transportation department 
     and''; and
       (B) by inserting ``and the recipient'' after ``Secretary'';
       (11) by striking paragraph (23) (as so redesignated) and 
     inserting the following:
       ``(23) Safety improvement project.--The term `safety 
     improvement project' means a strategy, activity, or project 
     on a public road that is consistent with the State strategic 
     highway safety plan and corrects or improves a roadway 
     feature that constitutes a hazard to road users or addresses 
     a highway safety problem.'';
       (12) by inserting after paragraph (26) (as so redesignated) 
     the following:
       ``(27) State strategic highway safety plan.--The term 
     `State strategic highway safety plan' has the same meaning 
     given such term in section 148(a).'';
       (13) by striking paragraph (29) (as so redesignated) and 
     inserting the following:
       ``(29) Transportation enhancement activity.--The term 
     `transportation enhancement activity' means any of the 
     following activities when carried out as part of any program 
     or project authorized or funded under this title, or as an 
     independent program or project related to surface 
     transportation:
       ``(A) Provision of facilities for pedestrians and bicycles.
       ``(B) Provision of safety and educational activities for 
     pedestrians and bicyclists.
       ``(C) Acquisition of scenic easements and scenic or 
     historic sites.
       ``(D) Scenic or historic highways and bridges.
       ``(E) Vegetation management practices in transportation 
     rights-of-way and other activities eligible under section 
     319.
       ``(F) Historic preservation, rehabilitation, and operation 
     of historic transportation buildings, structures, or 
     facilities.
       ``(G) Preservation of abandoned railway corridors, 
     including the conversion and use of the corridors for 
     pedestrian or bicycle trails.
       ``(H) Inventory, control, and removal of outdoor 
     advertising.
       ``(I) Archaeological planning and research.
       ``(J) Any environmental mitigation activity, including 
     pollution prevention and pollution abatement activities and 
     mitigation to--
       ``(i) address stormwater management, control, and water 
     pollution prevention or abatement related to highway 
     construction or due to highway runoff, including activities 
     described in sections 133(b)(11), 328(a), and 329; or
       ``(ii) reduce vehicle-caused wildlife mortality or to 
     restore and maintain connectivity among terrestrial or 
     aquatic habitats.''; and
       (14) by inserting after paragraph (29) (as so redesignated) 
     the following:
       ``(30) Transportation systems management and operations.--
       ``(A) In general.--The term `transportation systems 
     management and operations' means integrated strategies to 
     optimize the performance of existing infrastructure through 
     the implementation of multimodal and intermodal, cross-
     jurisdictional systems, services, and projects designed to 
     preserve capacity and improve security, safety, and 
     reliability of the transportation system.
       ``(B) Inclusions.--The term `transportation systems 
     management and operations' includes--
       ``(i) actions such as traffic detection and surveillance, 
     corridor management, freeway management, arterial management, 
     active transportation and demand management, work zone 
     management, emergency management, traveler information 
     services, congestion pricing, parking management, automated 
     enforcement, traffic control, commercial vehicle operations, 
     freight management, and coordination of highway, rail, 
     transit, bicycle, and pedestrian operations; and
       ``(ii) coordination of the implementation of regional 
     transportation system management and operations investments 
     (such as traffic incident management, traveler information 
     services, emergency management, roadway weather management, 
     intelligent transportation systems, communication networks, 
     and information sharing systems) requiring agreements, 
     integration, and interoperability to achieve targeted system 
     performance, reliability, safety, and customer service 
     levels.
       ``(31) Tribal transportation facility.--The term `tribal 
     transportation facility' means a public highway, road, 
     bridge, trail, or transit system that is located on or 
     provides access to tribal land and appears on the national 
     tribal transportation facility inventory described in section 
     202(b)(1).
       ``(32) Truck stop electrification system.--The term `truck 
     stop electrification system' means a system that delivers 
     heat, air conditioning, electricity, or communications to a 
     heavy-duty vehicle.''.
       (b) Sense of Congress.--Section 101(c) of title 23, United 
     States Code, is amended by striking ``system'' and inserting 
     ``highway''.

[[Page S1216]]

     SEC. 1104. NATIONAL HIGHWAY SYSTEM.

       (a) In General.--Section 103 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec.  103. National highway system

       ``(a) In General.--For the purposes of this title, the 
     Federal-aid system is the National Highway System, which 
     includes the Interstate System.
       ``(b) National Highway System.--
       ``(1) Description.--The National Highway System consists of 
     the highway routes and connections to transportation 
     facilities that shall--
       ``(A) serve major population centers, international border 
     crossings, ports, airports, public transportation facilities, 
     and other intermodal transportation facilities and other 
     major travel destinations;
       ``(B) meet national defense requirements; and
       ``(C) serve interstate and interregional travel and 
     commerce.
       ``(2) Components.--The National Highway System described in 
     paragraph (1) consists of the following:
       ``(A) The National Highway System depicted on the map 
     submitted by the Secretary of Transportation to Congress with 
     the report entitled `Pulling Together: The National Highway 
     System and its Connections to Major Intermodal Terminals' and 
     dated May 24, 1996, and modifications approved by the 
     Secretary before the date of enactment of the MAP 21.
       ``(B) Other urban and rural principal arterial routes, and 
     border crossings on those routes, that were not included on 
     the National Highway System before the date of enactment of 
     the MAP 21.
       `` ``(C) Other connector highways (including toll 
     facilities) that were not included in the National Highway 
     System before the date of enactment of the MAP 21 but that 
     provide motor vehicle access between arterial routes on the 
     National Highway System and a major intermodal transportation 
     facility.
       ``(D) A strategic highway network that--
       ``(i) consists of a network of highways that are important 
     to the United States strategic defense policy, that provide 
     defense access, continuity, and emergency capabilities for 
     the movement of personnel, materials, and equipment in both 
     peacetime and wartime, and that were not included on the 
     National Highway System before the date of enactment of the 
     MAP 21;
       ``(ii) may include highways on or off the Interstate 
     System; and
       ``(iii) shall be designated by the Secretary, in 
     consultation with appropriate Federal agencies and the 
     States.
       ``(E) Major strategic highway network connectors that--
       ``(i) consist of highways that provide motor vehicle access 
     between major military installations and highways that are 
     part of the strategic highway network but were not included 
     on the National Highway System before the date of enactment 
     of the MAP 21; and
       ``(ii) shall be designated by the Secretary, in 
     consultation with appropriate Federal agencies and the 
     States.
       ``(3) Modifications to nhs.--
       ``(A) In general.--The Secretary may make any modification, 
     including any modification consisting of a connector to a 
     major intermodal terminal, to the National Highway System 
     that is proposed by a State if the Secretary determines that 
     the modification--
       ``(i) meets the criteria established for the National 
     Highway System under this title after the date of enactment 
     of the MAP 21; and
       ``(ii) enhances the national transportation characteristics 
     of the National Highway System.
       ``(B) Cooperation.--
       ``(i) In general.--In proposing a modification under this 
     paragraph, a State shall cooperate with local and regional 
     officials.
       ``(ii) Urbanized areas.--In an urbanized area, the local 
     officials shall act through the metropolitan planning 
     organization designated for the area under section 134.
       ``(c) Interstate System.--
       ``(1) Description.--
       ``(A) In general.--The Dwight D. Eisenhower National System 
     of Interstate and Defense Highways within the United States 
     (including the District of Columbia and Puerto Rico) consists 
     of highways designed, located, and selected in accordance 
     with this paragraph.
       ``(B) Design.--
       ``(i) In general.--Except as provided in clause (ii), 
     highways on the Interstate System shall be designed in 
     accordance with the standards of section 109(b).
       ``(ii) Exception.--Highways on the Interstate System in 
     Alaska and Puerto Rico shall be designed in accordance with 
     such geometric and construction standards as are adequate for 
     current and probable future traffic demands and the needs of 
     the locality of the highway.
       ``(C) Location.--Highways on the Interstate System shall be 
     located so as--
       ``(i) to connect by routes, as direct as practicable, the 
     principal metropolitan areas, cities, and industrial centers;
       ``(ii) to serve the national defense; and
       ``(iii) to the maximum extent practicable, to connect at 
     suitable border points with routes of continental importance 
     in Canada and Mexico.
       ``(D) Selection of routes.--To the maximum extent 
     practicable, each route of the Interstate System shall be 
     selected by joint action of the State transportation 
     departments of the State in which the route is located and 
     the adjoining States, in cooperation with local and regional 
     officials, and subject to the approval of the Secretary.
       ``(2) Maximum mileage.--The mileage of highways on the 
     Interstate System shall not exceed 43,000 miles, exclusive of 
     designations under paragraph (4).
       ``(3) Modifications.--The Secretary may approve or require 
     modifications to the Interstate System in a manner consistent 
     with the policies and procedures established under this 
     subsection.
       ``(4) Interstate system designations.--
       ``(A) Additions.--If the Secretary determines that a 
     highway on the National Highway System meets all standards of 
     a highway on the Interstate System and that the highway is a 
     logical addition or connection to the Interstate System, the 
     Secretary may, upon the affirmative recommendation of the 
     State or States in which the highway is located, designate 
     the highway as a route on the Interstate System.
       ``(B) Designations as future interstate system routes.--
       ``(i) In general.--Subject to clauses (ii) through (vi), if 
     the Secretary determines that a highway on the National 
     Highway System would be a logical addition or connection to 
     the Interstate System and would qualify for designation as a 
     route on the Interstate System under subparagraph (A) if the 
     highway met all standards of a highway on the Interstate 
     System, the Secretary may, upon the affirmative 
     recommendation of the State or States in which the highway is 
     located, designate the highway as a future Interstate System 
     route.
       ``(ii) Written agreement.--A designation under clause (i) 
     shall be made only upon the written agreement of each State 
     described in that clause that the highway will be constructed 
     to meet all standards of a highway on the Interstate System 
     by not later than the date that is 25 years after the date of 
     the agreement.
       ``(iii) Failure to complete construction.--If a State 
     described in clause (i) has not substantially completed the 
     construction of a highway designated under this subparagraph 
     by the date specified in clause (ii), the Secretary shall 
     remove the designation of the highway as a future Interstate 
     System route.
       ``(iv) Effect of removal.--Removal of the designation of a 
     highway under clause (iii) shall not preclude the Secretary 
     from designating the highway as a route on the Interstate 
     System under subparagraph (A) or under any other provision of 
     law providing for addition to the Interstate System.
       ``(v) Retroactive effect.--An agreement described in clause 
     (ii) that is entered into before August 10, 2005, shall be 
     deemed to include the 25-year time limitation described in 
     that clause, regardless of any earlier construction 
     completion date in the agreement.
       ``(vi) References.--No law, rule, regulation, map, 
     document, or other record of the United States, or of any 
     State or political subdivision of a State, shall refer to any 
     highway designated as a future Interstate System route under 
     this subparagraph, and no such highway shall be signed or 
     marked, as a highway on the Interstate System, until such 
     time as the highway--

       ``(I) is constructed to the geometric and construction 
     standards for the Interstate System; and
       ``(II) has been designated as a route on the Interstate 
     System.

       ``(C) Financial responsibility.--Except as provided in this 
     title, the designation of a highway under this paragraph 
     shall create no additional Federal financial responsibility 
     with respect to the highway.
       ``(5) Exemption of interstate system.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Interstate System shall not be considered to be a 
     historic site under section 303 of title 49 or section 138 of 
     this title, regardless of whether the Interstate System or 
     portions or elements of the Interstate System are listed on, 
     or eligible for listing on, the National Register of Historic 
     Places.
       ``(B) Individual elements.--Subject to subparagraph (C)--
       ``(i) the Secretary shall determine, through the 
     administrative process established for exempting the 
     Interstate System from section 106 of the National Historic 
     Preservation Act (16 U.S.C. 470f), those individual elements 
     of the Interstate System that possess national or exceptional 
     historic significance (such as a historic bridge or a highly 
     significant engineering feature); and
       ``(ii) those elements shall be considered to be historic 
     sites under section 303 of title 49 or section 138 of this 
     title, as applicable.
       ``(C) Construction, maintenance, restoration, and 
     rehabilitation activities.--Subparagraph (B) does not 
     prohibit a State from carrying out construction, maintenance, 
     preservation, restoration, or rehabilitation activities for a 
     portion of the Interstate System referred to in subparagraph 
     (B) upon compliance with section 303 of title 49 or section 
     138 of this title, as applicable, and section 106 of the 
     National Historic Preservation Act (16 U.S.C. 470f).''.
       (b) Inclusion of Certain Route Segments on Interstate 
     System.--
       (1) In general.--Section 1105(e)(5)(A) of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (105 Stat. 
     2031; 109 Stat. 597; 115 Stat. 872) is amended--

[[Page S1217]]

       (A) in the first sentence, by striking ``and in subsections 
     (c)(18) and (c)(20)'' and inserting ``, in subsections 
     (c)(18) and (c)(20), and in subparagraphs (A)(iii) and (B) of 
     subsection (c)(26)''; and
       (B) in the second sentence, by striking ``that the 
     segment'' and all that follows through the period and 
     inserting ``that the segment meets the Interstate System 
     design standards approved by the Secretary under section 
     109(b) of title 23, United States Code, and is planned to 
     connect to an existing Interstate System segment by the date 
     that is 25 years after the date of enactment of the MAP 
     21.''.
       (2) Route designation.--Section 1105(e)(5)(C)(i) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (105 
     Stat. 2032; 109 Stat. 598) is amended by adding at the end 
     the following: ``The routes referred to subparagraphs 
     (A)(iii) and (B)(i) of subsection (c)(26) are designated as 
     Interstate Route I-11.''.
       (c) Conforming Amendments.--
       (1) Analysis.--The analysis for chapter 1 of title 23, 
     United States Code, is amended by striking the item relating 
     to section 103 and inserting the following:

``103. National highway system.''.
       (2) Section 113.--Section 113 of title 23, United States 
     Code, is amended--
       (A) in subsection (a) by striking ``the Federal-aid 
     systems'' and inserting ``Federal-aid highways''; and
       (B) in subsection (b), in the first sentence, by striking 
     ``of the Federal-aid systems'' and inserting ``Federal-aid 
     highway''.
       (3) Section 123.--Section 123(a) of title 23, United States 
     Code, is amended in the first sentence by striking ``Federal-
     aid system'' and inserting ``Federal-aid highway''.
       (4) Section 217.--Section 217(b) of title 23, United States 
     Code, is amended in the subsection heading by striking 
     ``National Highway System'' and inserting ``National Highway 
     Performance Program''.
       (5) Section 304.--Section 304 of title 23, United States 
     Code, is amended in the first sentence by striking ``the 
     Federal-aid highway systems'' and inserting ``Federal-aid 
     highways''.
       (6) Section 317.--Section 317(d) of title 23, United States 
     Code is amended by striking ``system'' and inserting 
     ``highway''.

     SEC. 1105. APPORTIONMENT.

       (a)  In General.--Section 104 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec.  104. Apportionment

       ``(a) Administrative Expenses.--
       ``(1) In general.--There are authorized to be appropriated 
     from the Highway Trust Fund (other than the Mass Transit 
     Account) to be made available to the Secretary for 
     administrative expenses of the Federal Highway Administration 
     $480,000,000 for each of fiscal years 2012 and 2013.
       ``(2) Purposes.--The amounts authorized to be appropriated 
     by this subsection shall be used--
       ``(A) to administer the provisions of law to be funded from 
     appropriations for the Federal-aid highway program and 
     programs authorized under chapter 2;
       ``(B) to make transfers of such sums as the Secretary 
     determines to be appropriate to the Appalachian Regional 
     Commission for administrative activities associated with the 
     Appalachian development highway system; and
       ``(C) to reimburse, as appropriate, the Office of Inspector 
     General of the Department of Transportation for the conduct 
     of annual audits of financial statements in accordance with 
     section 3521 of title 31.
       ``(3) Availability.--The amounts made available under 
     paragraph (1) shall remain available until expended.
       ``(b) Division of State Apportionments Among Programs.--The 
     Secretary shall distribute the amount apportioned to a State 
     for a fiscal year under subsection (c) among the national 
     highway performance program, the transportation mobility 
     program, the highway safety improvement program, the 
     congestion mitigation and air quality improvement program, 
     and the national freight program, and to carry out section 
     134 as follows:
       ``(1) National highway performance program.--For the 
     national highway performance program, 58 percent of the 
     amount remaining after distributing amounts under paragraphs 
     (4) and (6).
       ``(2) Transportation mobility program.--For the 
     transportation mobility program, 29.3 percent of the amount 
     remaining after distributing amounts under paragraphs (4) and 
     (6).
       ``(3) Highway safety improvement program.--For the highway 
     safety improvement program, 7 percent of the amount remaining 
     after distributing amounts under paragraphs (4) and (6).
       ``(4) Congestion mitigation and air quality improvement 
     program.--For the congestion mitigation and air quality 
     improvement program, an amount determined by multiplying the 
     amount determined for the State under subsection (c) by the 
     proportion that--
       ``(A) the amount apportioned to the State for the 
     congestion mitigation and air quality improvement program for 
     fiscal year 2009, plus 10 percent of the amount apportioned 
     to the State for the surface transportation program for that 
     fiscal year; bears to
       ``(B) the total amount of funds apportioned to the State 
     for that fiscal year for the programs referred to in section 
     105(a)(2) (except for the high priority projects program 
     referred to in section 105(a)(2)(H)), as in effect on the day 
     before the date of enactment of the MAP 21.
       ``(5) National freight program.--For the national freight 
     program, 5.7 percent of the amount remaining after 
     distributing amounts under paragraphs (4) and (6).
       ``(6) Metropolitan planning.--To carry out section 134, an 
     amount determined by multiplying the amount determined for 
     the State under subsection (c) by the proportion that--
       ``(A) the amount apportioned to the State to carry out 
     section 134 for fiscal year 2009; bears to
       ``(B) the total amount of funds apportioned to the State 
     for that fiscal year for the programs referred to in section 
     105(a)(2) (except for the high priority projects program 
     referred to in section 105(a)(2)(H)), as in effect on the day 
     before the date of enactment of the MAP 21.
       ``(c) Calculation of State Amounts.--
       ``(1) State share.--The amount for each State of combined 
     apportionments for the national highway performance program 
     under section 119, the transportation mobility program under 
     section 133, the highway safety improvement program under 
     section 148, the congestion mitigation and air quality 
     improvement program under section 149, the national freight 
     program under section 167, and to carry out section 134 shall 
     be determined as follows:
       ``(A) Initial amount.--The initial amount for each State 
     shall be determined by multiplying the total amount available 
     for apportionment by the share for each State which shall be 
     equal to the proportion that--
       ``(i) the amount of apportionments and allocations that the 
     State received for fiscal years 2005 through 2009; bears to
       ``(ii) the amount of those apportionments and allocations 
     received by all States for those fiscal years.
       ``(B) Adjustments to amounts.--The initial amounts 
     resulting from the calculation under subparagraph (A) shall 
     be adjusted to ensure that, for each State, the amount of 
     combined apportionments for the programs shall not be less 
     than 95 percent of the estimated tax payments attributable to 
     highway users in the State paid into the Highway Trust Fund 
     (other than the Mass Transit Account) in the most recent 
     fiscal year for which data are available.
       ``(2) State apportionment.--On October 1 of each fiscal 
     year, the Secretary shall apportion the sum authorized to be 
     appropriated for expenditure on the national highway 
     performance program under section 119, the transportation 
     mobility program under section 133, the highway safety 
     improvement program under section 148, the congestion 
     mitigation and air quality improvement program under section 
     149, the national freight program under section 167, and to 
     carry out section 134 in accordance with paragraph (1).
       ``(d) Metropolitan Planning.--
       ``(1) Use of amounts.--
       ``(A) Use.--
       ``(i) In general.--Except as provided in clause (ii), the 
     amounts apportioned to a State under subsection (b)(6) shall 
     be made available by the State to the metropolitan planning 
     organizations responsible for carrying out section 134 in the 
     State.
       ``(ii) States receiving minimum apportionment.--A State 
     that received the minimum apportionment for use in carrying 
     out section 134 for fiscal year 2009 may, subject to the 
     approval of the Secretary, use the funds apportioned under 
     subsection (b)(6) to fund transportation planning outside of 
     urbanized areas.
       ``(B) Unused funds.--Any funds that are not used to carry 
     out section 134 may be made available by a metropolitan 
     planning organization to the State to fund activities under 
     section 135.
       ``(2) Distribution of amounts within states.--
       ``(A) In general.--The distribution within any State of the 
     planning funds made available to organizations under 
     paragraph (1) shall be in accordance with a formula that--
       ``(i) is developed by each State and approved by the 
     Secretary; and
       ``(ii) takes into consideration, at a minimum, population, 
     status of planning, attainment of air quality standards, 
     metropolitan area transportation needs, and other factors 
     necessary to provide for an appropriate distribution of funds 
     to carry out section 134 and other applicable requirements of 
     Federal law.
       ``(B) Reimbursement.--Not later than 15 business days after 
     the date of receipt by a State of a request for reimbursement 
     of expenditures made by a metropolitan planning organization 
     for carrying out section 134, the State shall reimburse, from 
     amounts distributed under this paragraph to the metropolitan 
     planning organization by the State, the metropolitan planning 
     organization for those expenditures.
       ``(3) Determination of population figures.--For the purpose 
     of determining population figures under this subsection, the 
     Secretary shall use the latest available data from the 
     decennial census conducted under section 141(a) of title 13, 
     United States Code.
       ``(e) Certification of Apportionments.--
       ``(1) In general.--The Secretary shall--
       ``(A) on October 1 of each fiscal year, certify to each of 
     the State transportation departments the amount that has been 
     apportioned to the State under this section for the fiscal 
     year; and

[[Page S1218]]

       ``(B) to permit the States to develop adequate plans for 
     the use of amounts apportioned under this section, advise 
     each State of the amount that will be apportioned to the 
     State under this section for a fiscal year not later than 90 
     days before the beginning of the fiscal year for which the 
     sums to be apportioned are authorized.
       ``(2) Notice to states.--If the Secretary has not made an 
     apportionment under this section for a fiscal year beginning 
     after September 30, 1998, by not later than the date that is 
     the twenty-first day of that fiscal year, the Secretary shall 
     submit, by not later than that date, to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate, a written statement of the reason for 
     not making the apportionment in a timely manner.
       ``(3) Apportionment calculations.--
       ``(A) In general.--The calculation of official 
     apportionments of funds to the States under this title is a 
     primary responsibility of the Department and shall be carried 
     out only by employees (and not contractors) of the 
     Department.
       ``(B) Prohibition on use of funds to hire contractors.--
     None of the funds made available under this title shall be 
     used to hire contractors to calculate the apportionments of 
     funds to States.
       ``(f) Transfer of Highway and Transit Funds.--
       ``(1) Transfer of highway funds for transit projects.--
       ``(A) In general.--Subject to subparagraph (B), amounts 
     made available for transit projects or transportation 
     planning under this title may be transferred to and 
     administered by the Secretary in accordance with chapter 53 
     of title 49.
       ``(B) Non-federal share.--The provisions of this title 
     relating to the non-Federal share shall apply to the amounts 
     transferred under subparagraph (A).
       ``(2) Transfer of transit funds for highway projects.--
       ``(A) In general.--Subject to subparagraph (B), amounts 
     made available for highway projects or transportation 
     planning under chapter 53 of title 49 may be transferred to 
     and administered by the Secretary in accordance with this 
     title.
       ``(B) Non-federal share.--The provisions of chapter 53 of 
     title 49 relating to the non-Federal share shall apply to 
     amounts transferred under subparagraph (A).
       ``(3) Transfer of funds among states or to federal highway 
     administration.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary may, at the request of a State, transfer amounts 
     apportioned or allocated under this title to the State to 
     another State, or to the Federal Highway Administration, for 
     the purpose of funding 1 or more projects that are eligible 
     for assistance with amounts so apportioned or allocated.
       ``(B) Apportionment.--The transfer shall have no effect on 
     any apportionment of amounts to a State under this section.
       ``(C) Funds suballocated to urbanized areas.--Amounts that 
     are apportioned or allocated to a State under subsection 
     (b)(3) (as in effect on the day before the date of enactment 
     of the MAP 21) or subsection (b)(2) and attributed to an 
     urbanized area of a State with a population of more than 
     200,000 individuals under section 133(d) may be transferred 
     under this paragraph only if the metropolitan planning 
     organization designated for the area concurs, in writing, 
     with the transfer request.
       ``(4) Transfer of obligation authority.--Obligation 
     authority for amounts transferred under this subsection shall 
     be transferred in the same manner and amount as the amounts 
     for the projects that are transferred under this section.''
       ``(g) Report to Congress.--For each fiscal year, the 
     Secretary shall make available to the public, in a user-
     friendly format via the Internet, a report that describes--
       ``(1) the amount obligated, by each State, for Federal-aid 
     highways and highway safety construction programs during the 
     preceding fiscal year;
       ``(2) the balance, as of the last day of the preceding 
     fiscal year, of the unobligated apportionment of each State 
     by fiscal year under this section;
       ``(3) the balance of unobligated sums available for 
     expenditure at the discretion of the Secretary for such 
     highways and programs for the fiscal year; and
       ``(4) the rates of obligation of funds apportioned or set 
     aside under this section, according to--
       ``(A) program;
       ``(B) funding category of subcategory;
       ``(C) type of improvement;
       ``(D) State; and
       ``(E) sub-State geographical area, including urbanized and 
     rural areas, on the basis of the population of each such 
     area.''.
       (b) Conforming Amendment.--Section 146(a) of title 23, 
     United States Code, is amended by striking ``sections 
     104(b)(l) and 104(b)(3)'' and inserting ``section 
     104(b)(2)''.

     SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

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

     ``Sec.  119. National highway performance program

       ``(a) Establishment.--The Secretary shall establish and 
     implement a national highway performance program under this 
     section.
       ``(b) Purposes.--The purposes of the national highway 
     performance program shall be--
       ``(1) to provide support for the condition and performance 
     of the National Highway System; and
       ``(2) to ensure that investments of Federal-aid funds in 
     highway construction are directed to support progress toward 
     the achievement of performance targets for infrastructure 
     condition and performance.
       ``(c) Eligible Facilities.--Except as provided in 
     subsection (d), to be eligible for funding apportioned under 
     section 104(b)(1) to carry out this section, a facility shall 
     be located on the National Highway System, as defined in 
     section 103.
       ``(d) Eligible Projects.--Funds apportioned to a State to 
     carry out the national highway performance program may be 
     obligated only for a project on an eligible facility that 
     is--
       ``(1) a project, or is part of a program of projects, 
     supporting progress toward the achievement of national 
     performance goals for improving infrastructure condition, 
     safety, mobility, or freight movement on the National Highway 
     System and consistent with sections 134 and 135; and
       ``(2) for 1 or more of the following purposes:
       ``(A) Construction, reconstruction, resurfacing, 
     restoration, rehabilitation, preservation, or operational 
     improvement of segments of the National Highway System.
       ``(B) Construction, replacement (including replacement with 
     fill material), rehabilitation, preservation, and protection 
     (including scour countermeasures, seismic retrofits, impact 
     protection measures, security countermeasures, and protection 
     against extreme events) of bridges on the National Highway 
     System.
       ``(C) Construction, replacement (including replacement with 
     fill material), rehabilitation, preservation, and protection 
     (including impact protection measures, security 
     countermeasures, and protection against extreme events) of 
     tunnels on the National Highway System.
       ``(D) Inspection and evaluation, as described in section 
     144, of bridges and tunnels on the National Highway System, 
     and inspection and evaluation of other highway infrastructure 
     assets on the National Highway System, including signs and 
     sign structures, earth retaining walls, and drainage 
     structures.
       ``(E) Training of bridge and tunnel inspectors, as 
     described in section 144.
       ``(F) Construction, rehabilitation, or replacement of 
     existing ferry boats and ferry boat facilities, including 
     approaches, that connect road segments of the National 
     Highway System.
       ``(G) Construction, reconstruction, resurfacing, 
     restoration, rehabilitation, and preservation of, and 
     operational improvements for, a Federal-aid highway not on 
     the National Highway System, and construction of a transit 
     project eligible for assistance under chapter 53 of title 49, 
     if--
       ``(i) the highway project or transit project is in the same 
     corridor as, and in proximity to, a fully access-controlled 
     highway designated as a part of the National Highway System;
       ``(ii) the construction or improvements will reduce delays 
     or produce travel time savings on the fully access-controlled 
     highway described in clause (i) and improve regional traffic 
     flow; and
       ``(iii) the construction or improvements are more cost-
     effective, as determined by benefit-cost analysis, than an 
     improvement to the fully access-controlled highway described 
     in clause (i).
       ``(H) Bicycle transportation and pedestrian walkways in 
     accordance with section 217.
       ``(I) Highway safety improvements for segments of the 
     National Highway System.
       ``(J) Capital and operating costs for traffic and traveler 
     information monitoring, management, and control facilities 
     and programs.
       ``(K) Development and implementation of a State asset 
     management plan for the National Highway System in accordance 
     with this section, including data collection, maintenance, 
     and integration and the cost associated with obtaining, 
     updating, and licensing software and equipment required for 
     risk-based asset management and performance-based management.
       ``(L) Infrastructure-based intelligent transportation 
     systems capital improvements.
       ``(M) Environmental restoration and pollution abatement in 
     accordance with section 328.
       ``(N) Control of noxious weeds and aquatic noxious weeds 
     and establishment of native species in accordance with 
     section 329.
       ``(O) In accordance with all applicable Federal law 
     (including regulations), participation in natural habitat and 
     wetlands mitigation efforts relating to projects funded under 
     this title, which may include participation in natural 
     habitat and wetlands mitigation banks, contributions to 
     statewide and regional efforts to conserve, restore, enhance, 
     and create natural habitats and wetlands, and development of 
     statewide and regional natural habitat and wetlands 
     conservation and mitigation plans, including any such banks, 
     efforts, and plans developed in accordance with applicable 
     Federal law (including regulations), on the conditions that--
       ``(i) contributions to those mitigation efforts may--

       ``(I) take place concurrent with or in advance of project 
     construction; and
       ``(II) occur in advance of project construction only if the 
     efforts are consistent with

[[Page S1219]]

     all applicable requirements of Federal law (including 
     regulations) and State transportation planning processes; and

       ``(ii) with respect to participation in a natural habitat 
     or wetland mitigation effort relating to a project funded 
     under this title that has an impact that occurs within the 
     service area of a mitigation bank, preference is given, to 
     the maximum extent practicable, to the use of the mitigation 
     bank if the bank contains sufficient available credits to 
     offset the impact and the bank is approved in accordance with 
     applicable Federal law (including regulations).
       ``(P) Replacement (including replacement with fill 
     material), rehabilitation, preservation, and protection 
     (including scour countermeasures, seismic retrofits, impact 
     protection measures, security countermeasures, and protection 
     against extreme events) of bridges on Federal-aid highways 
     (other than on the National Highway System).
       ``(e) Limitation on New Capacity.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     maximum amount that a State may obligate under this section 
     for projects under subparagraphs (G) and (P) of subsection 
     (d)(2) and that is attributable to the portion of the cost of 
     any project undertaken to expand the capacity of eligible 
     facilities on the National Highway System, in a case in which 
     the new capacity consists of 1 or more new travel lanes that 
     are not high-occupancy vehicle lanes, shall not, in total, 
     exceed 40 percent of the combined apportionments of a State 
     under section 104(b)(1) for the most recent 3 consecutive 
     years.
       ``(2) Exception.--Paragraph (1) shall not apply to a 
     project for the construction of auxiliary lanes and turning 
     lanes or widening of a bridge during rehabilitation or 
     replacement to meet current geometric, construction, and 
     structural standards for the types and volumes of projected 
     traffic over the design life of the project.
       ``(f) State Performance Management.--
       ``(1) In general.--A State shall develop a risk-based asset 
     management plan for the National Highway System to improve or 
     preserve asset condition and system performance.
       ``(2) Performance driven plan.--A State asset management 
     plan shall include strategies leading to a program of 
     projects that would make progress toward achievement of the 
     State targets for asset condition and performance of the 
     National Highway System in accordance with paragraph (5) and 
     supporting the progress toward the achievement of the 
     national goals identified in section 150.
       ``(3) Plan contents.--A State asset management plan shall, 
     at a minimum, be in a form that the Secretary determines to 
     be appropriate and include--
       ``(A) a summary listing of the pavement and bridge assets 
     on the National Highway System in the State, including a 
     description of the condition of those assets;
       ``(B) asset management objectives and measures;
       ``(C) performance gap identification;
       ``(D) lifecycle cost and risk management analysis;
       ``(E) a financial plan; and
       ``(F) investment strategies.
       ``(4) Standards and measures.--
       ``(A) In general.--Subject to subparagraph (B), not later 
     than 18 months after the date of enactment of the MAP 21, the 
     Secretary shall, in consultation with State departments of 
     transportation and other stakeholders, establish--
       ``(i) minimum standards for States to use in developing and 
     operating pavement management systems and bridge management 
     systems;
       ``(ii) measures for States to use to assess--

       ``(I) the condition of pavements on the Interstate system;
       ``(II) the condition of pavements on the National Highway 
     System (excluding the Interstate);
       ``(III) the condition of bridges on the National Highway 
     System;
       ``(IV) the performance of the Interstate System; and
       ``(V) the performance of the National Highway System 
     (excluding the Interstate System);

       ``(iii) the data elements that are necessary to collect and 
     maintain data, and a standardized process for collection and 
     sharing of data with appropriate governmental entities at the 
     Federal, State, and local levels (including metropolitan 
     planning organizations), to carry out paragraph (5); and
       ``(iv) minimum levels for--

       ``(I) the condition of pavement on the Interstate System; 
     and
       ``(II) the condition of bridges on the National Highway 
     System.

       ``(B) State participation.--In carrying out subparagraph 
     (A), the Secretary shall--
       ``(i) provide States not less than 90 days to comment on 
     any regulation proposed by the Secretary under that 
     subparagraph; and
       ``(ii) take into consideration any comments of the States 
     relating to a proposed regulation received during that 
     comment period.
       ``(5) State performance targets.--
       ``(A) Establishment of targets.--Not later than 1 year 
     after the date on which the Secretary promulgates final 
     regulations under paragraph (4), each State, in consultation 
     with metropolitan planning organizations, shall establish 
     targets that address each of the performance measures 
     identified in paragraph (4)(A)(ii).
       ``(B) Periodic updates.--Each State shall periodically 
     update the targets established under subparagraph (A).
       ``(6) Requirement for plan.--To obligate funding 
     apportioned under section 104(b)(1), each State shall have in 
     effect--
       ``(A) a risk-based asset management plan for the National 
     Highway System in accordance with this section, developed 
     through a process defined and approved by the Secretary; and
       ``(B) State targets that address the performance measures 
     identified in paragraph (4)(B).
       ``(7) Certification of plan development process.--
       ``(A) In general.--Not later than 90 days after the date on 
     which a State submits a request for approval of the process 
     used by the State to develop the State asset management plan 
     for the National Highway System, the Secretary shall--
       ``(i) review the process; and
       ``(ii)(I) certify that the process meets the requirements 
     established by the Secretary; or
       ``(II) deny certification and specify actions necessary for 
     the State to take to correct deficiencies in the State 
     process.
       ``(B) Recertification.--Not less often than every 4 years, 
     the Secretary shall review and recertify that the process 
     used by a State to develop and maintain the State asset 
     management plan for the National Highway System meets the 
     requirements for the process, as established by the 
     Secretary.
       ``(C) Opportunity to cure.--If the Secretary denies 
     certification under subparagraph (A), the Secretary shall 
     provide the State with--
       ``(i) not less than 90 days to cure the deficiencies of the 
     plan, during which time period all penalties and other legal 
     impacts of a denial of certification shall be stayed; and
       ``(ii) a written statement of the specific actions the 
     Secretary determines to be necessary for the State to cure 
     the plan.
       ``(8) Performance reports.--
       ``(A) In general.--Not later than 4 years after the date of 
     enactment of the MAP 21 and biennially thereafter, a State 
     shall submit to the Secretary a report that describes--
       ``(i) the condition and performance of the National Highway 
     System in the State;
       ``(ii) progress in achieving State targets for each of the 
     performance measures for the National Highway System; and
       ``(iii) the effectiveness of the investment strategy 
     documented in the State asset management plan for the 
     National Highway System.
       ``(B) Failure to achieve targets.--A State that does not 
     achieve or make significant progress toward achieving the 
     targets of the State for performance measures described in 
     subparagraph (A)(ii) for 2 consecutive reports submitted 
     under this paragraph shall include in the next report 
     submitted a description of the actions the State will 
     undertake to achieve the targets.
       ``(9) Process.--Not later than 18 months after the date of 
     enactment of the MAP 21, the Secretary shall, by regulation 
     and in consultation with State departments of transportation, 
     establish the process to develop the State asset management 
     plan described in paragraph (1) and establish the standards 
     and measures described in paragraph (4).
       ``(g) Interstate System and NHS Bridge Conditions.--
       ``(1) Condition of interstate system.--
       ``(A) Penalty.--If, during 2 consecutive reporting periods, 
     the condition of the Interstate System, excluding bridges on 
     the Interstate System, in a State falls below the minimum 
     condition level established by the Secretary under subsection 
     (f)(4)(A)(iv), the State shall be required, during the 
     following fiscal year--
       ``(i) to obligate, from the amounts apportioned to the 
     State under section 104(b)(1), an amount that is not less 
     than the amount of funds apportioned to the State for fiscal 
     year 2009 under the Interstate maintenance program for the 
     purposes described in this section (as in effect on the day 
     before the date of enactment of the MAP 21), except that for 
     each year after fiscal year 2013, the amount required to be 
     obligated under this clause shall be increased by 2 percent 
     over the amount required to be obligated in the previous 
     fiscal year; and
       ``(ii) to transfer, from the amounts apportioned to the 
     State under section 104(b)(2) (other than amounts 
     suballocated to metropolitan areas and other areas of the 
     State under section 133(d)) to the apportionment of the State 
     under section 104(b)(1), an amount equal to 10 percent of the 
     amount of funds apportioned to the State for fiscal year 2009 
     under the Interstate maintenance program for the purposes 
     described in this section (as in effect on the day before the 
     date of enactment of the MAP 21).
       ``(B) Restoration.--The obligation requirement for the 
     Interstate System in a State required by subparagraph (A) for 
     a fiscal year shall remain in effect for each subsequent 
     fiscal year until such time as the condition of the 
     Interstate System in the State exceeds the minimum condition 
     level established by the Secretary under subsection 
     (f)(4)(A)(iv).
       ``(2) Condition of nhs bridges.--
       ``(A) Penalty.--If, during 2 consecutive reporting periods, 
     the condition of bridges on the National Highway System in a 
     State falls below the minimum condition level established by 
     the Secretary under subsection

[[Page S1220]]

     (f)(4)(A)(iv), the State shall be required, during the 
     following fiscal year--
       ``(i) to obligate, from the amounts apportioned to the 
     State under section 104(b)(1), an amount for bridges on the 
     National Highway System that is not less than 50 percent of 
     the amount of funds apportioned to the State for fiscal year 
     2009 under the highway bridge program for the purposes 
     described in section 144 (as in effect on the day before the 
     date of enactment of the MAP 21), except that for each year 
     after fiscal year 2013, the amount required to be obligated 
     under this clause shall be increased by 2 percent over the 
     amount required to be obligated in the previous fiscal year; 
     and
       ``(ii) to transfer, from the amounts apportioned to the 
     State under section 104(b)(2) (other than amounts 
     suballocated to metropolitan areas and other areas of the 
     State under section 133(d)) to the apportionment of the State 
     under section 104(b)(1), an amount equal to 10 percent of the 
     amount of funds apportioned to the State for fiscal year 2009 
     under the highway bridge program for the purposes described 
     in section 144 (as in effect on the day before the date of 
     enactment of the MAP 21).
       ``(B) Restoration.--The obligation requirement for bridges 
     on the National Highway System in a State required by 
     subparagraph (A) for a fiscal year shall remain in effect for 
     each subsequent fiscal year until such time as the condition 
     of bridges on the National Highway System in the State 
     exceeds the minimum condition level established by the 
     Secretary under subsection (f)(4)(A)(iv).''.
       (b) Transition Period.--
       (1) In general.--Except as provided in paragraph (2), until 
     such date as a State has in effect an approved asset 
     management plan and has established performance targets as 
     described in section 119 of title 23, United States Code, 
     that will contribute to achieving the national goals for the 
     condition and performance of the National Highway System, but 
     not later than 18 months after the date on which the 
     Secretary promulgates final regulations required under 
     section 119(f)(4) of that title, the Secretary shall approve 
     obligations of funds apportioned to a State to carry out the 
     national highway performance program under section 119 of 
     that title, for projects that otherwise meet the requirements 
     of that section.
       (2) Extension.--The Secretary may extend the transition 
     period for a State under paragraph (1) if the Secretary 
     determines that the State has made a good faith effort to 
     establish an asset management plan and performance targets 
     referred to in that paragraph.
       (c) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 119 and inserting the following:

``119. National highway performance program.''.

     SEC. 1107. EMERGENCY RELIEF.

       Section 125 of title 23, United States Code, is amended to 
     read as follows:

     ``Sec.  125. Emergency relief

       ``(a) In General.--Subject to this section and section 120, 
     an emergency fund is authorized for expenditure by the 
     Secretary for the repair or reconstruction of highways, 
     roads, and trails, in any area of the United States, 
     including Indian reservations, that the Secretary finds have 
     suffered serious damage as a result of--
       ``(1) a natural disaster over a wide area, such as by a 
     flood, hurricane, tidal wave, earthquake, severe storm, or 
     landslide; or
       ``(2) catastrophic failure from any external cause.
       ``(b) Restriction on Eligibility.--
       ``(1) Definition of construction phase.--In this 
     subsection, the term `construction phase' means the phase of 
     physical construction of a highway or bridge facility that is 
     separate from any other identified phases, such as planning, 
     design, or right-of-way phases, in the State transportation 
     improvement program.
       ``(2) Restriction.--In no case shall funds be used under 
     this section for the repair or reconstruction of a bridge--
       ``(A) that has been permanently closed to all vehicular 
     traffic by the State or responsible local official because of 
     imminent danger of collapse due to a structural deficiency or 
     physical deterioration; or
       ``(B) if a construction phase of a replacement structure is 
     included in the approved Statewide transportation improvement 
     program at the time of an event described in subsection (a).
       ``(c) Funding.--
       ``(1) In general.--Subject to the limitations described in 
     paragraph (2), there are authorized to be appropriated from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     such sums as are necessary to establish the fund authorized 
     by this section and to replenish that fund on an annual 
     basis.
       ``(2) Limitations.--The limitations referred to in 
     paragraph (1) are that--
       ``(A) not more than $100,000,000 is authorized to be 
     obligated in any 1 fiscal year commencing after September 30, 
     1980, to carry out this section, except that, if for any 
     fiscal year the total of all obligations under this section 
     is less than the amount authorized to be obligated for the 
     fiscal year, the unobligated balance of that amount shall--
       ``(i) remain available until expended; and
       ``(ii) be in addition to amounts otherwise available to 
     carry out this section for each year; and
       ``(B)(i) pending such appropriation or replenishment, the 
     Secretary may obligate from any funds appropriated at any 
     time for obligation in accordance with this title, including 
     existing Federal-aid appropriations, such sums as are 
     necessary for the immediate prosecution of the work herein 
     authorized; and
       ``(ii) funds obligated under this subparagraph shall be 
     reimbursed from the appropriation or replenishment.
       ``(d) Eligibility.--
       ``(1) In general.--The Secretary may expend funds from the 
     emergency fund authorized by this section only for the repair 
     or reconstruction of highways on Federal-aid highways in 
     accordance with this chapter, except that--
       ``(A) no funds shall be so expended unless an emergency has 
     been declared by the Governor of the State with concurrence 
     by the Secretary, unless the President has declared the 
     emergency to be a major disaster for the purposes of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) for which concurrence of the 
     Secretary is not required; and
       ``(B) the Secretary has received an application from the 
     State transportation department that includes a comprehensive 
     list of all eligible project sites and repair costs by not 
     later than 2 years after the natural disaster or catastrophic 
     failure.
       ``(2) Cost limitation.--
       ``(A) Definition of comparable facility.--In this 
     paragraph, the term `comparable facility' means a facility 
     that meets the current geometric and construction standards 
     required for a facility of comparable capacity and character 
     to the destroyed facility, except a bridge facility which may 
     be constructed for the type and volume of traffic that the 
     bridge will carry over its design life.
       ``(B) Limitation.--The total cost of a project funded under 
     this section may not exceed the cost of repair or 
     reconstruction of a comparable facility.
       ``(3) Territories.--The total obligations for projects 
     under this section for any fiscal year in the Virgin Islands, 
     Guam, American Samoa, and the Commonwealth of the Northern 
     Mariana Islands shall not exceed $20,000,000.
       ``(4) Substitute traffic.--Notwithstanding any other 
     provision of this section, actual and necessary costs of 
     maintenance and operation of ferryboats or additional transit 
     service providing temporary substitute highway traffic 
     service, less the amount of fares charged for comparable 
     service, may be expended from the emergency fund authorized 
     by this section for Federal-aid highways.
       ``(e) Tribal Transportation Facilities, Federal Lands 
     Transportation Facilities, and Public Roads on Federal 
     Lands.--
       ``(1) Definition of open to public travel.--In this 
     subsection, the term `open to public travel' means, with 
     respect to a road, that, except during scheduled periods, 
     extreme weather conditions, or emergencies, the road is open 
     to the general public for use with a standard passenger 
     vehicle, without restrictive gates or prohibitive signs or 
     regulations, other than for general traffic control or 
     restrictions based on size, weight, or class of registration.
       ``(2) Expenditure of funds.--Notwithstanding subsection 
     (d)(1), the Secretary may expend funds from the emergency 
     fund authorized by this section, independently or in 
     cooperation with any other branch of the Federal Government, 
     a State agency, a tribal government, an organization, or a 
     person, for the repair or reconstruction of tribal 
     transportation facilities, Federal lands transportation 
     facilities, and other federally owned roads that are open to 
     public travel, whether or not those facilities are Federal-
     aid highways.
       ``(3) Reimbursement.--
       ``(A) In general.--The Secretary may reimburse Federal and 
     State agencies (including political subdivisions) for 
     expenditures made for projects determined eligible under this 
     section, including expenditures for emergency repairs made 
     before a determination of eligibility.
       ``(B) Transfers.--With respect to reimbursements described 
     in subparagraph (A)--
       ``(i) those reimbursements to Federal agencies and Indian 
     tribal governments shall be transferred to the account from 
     which the expenditure was made, or to a similar account that 
     remains available for obligation; and
       ``(ii) the budget authority associated with the expenditure 
     shall be restored to the agency from which the authority was 
     derived and shall be available for obligation until the end 
     of the fiscal year following the year in which the transfer 
     occurs.
       ``(f) Treatment of Territories.--For purposes of this 
     section, the Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands shall be 
     considered to be States and parts of the United States, and 
     the chief executive officer of each such territory shall be 
     considered to be a Governor of a State.''.

     SEC. 1108. TRANSPORTATION MOBILITY PROGRAM.

       (a) In General.--Section 133 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec.  133. Transportation mobility program

       ``(a) Establishment.--The Secretary shall establish and 
     implement a transportation mobility program under this 
     section.
       ``(b) Purpose.--The purpose of the transportation mobility 
     program shall be to assist

[[Page S1221]]

     States and localities in improving the conditions and 
     performance on Federal-aid highways and on bridges on any 
     public road.
       ``(c) Eligible Projects.--Funds apportioned under section 
     104(b)(2) to carry out the transportation mobility program 
     may be obligated for any of following purposes:
       ``(1) Construction, reconstruction, rehabilitation, 
     resurfacing, restoration, preservation, or operational 
     improvements for highways, including construction of 
     designated routes of the Appalachian development highway 
     system and local access roads under section 14501 of title 
     40, United States Code.
       ``(2) Replacement (including replacement with fill 
     material), rehabilitation, preservation, protection 
     (including painting, scour countermeasures, seismic 
     retrofits, impact protection measures, security 
     countermeasures, and protection against extreme events) and 
     application of calcium magnesium acetate, sodium acetate/
     formate, or other environmentally acceptable, minimally 
     corrosive anti-icing and deicing compositions for bridges 
     (and approaches to bridges and other elevated structures) and 
     tunnels on public roads of all functional classifications, 
     including any such construction or reconstruction necessary 
     to accommodate other transportation modes.
       ``(3) Construction of a new bridge or tunnel on a new 
     location on a highway, including any such construction 
     necessary to accommodate other transportation modes.
       ``(4) Inspection and evaluation (within the meaning of 
     section 144) of bridges and tunnels on public roads of all 
     functional classifications and inspection and evaluation of 
     other highway infrastructure assets, including signs and sign 
     structures, retaining walls, and drainage structures.
       ``(5) Training of bridge and tunnel inspectors (within the 
     meaning of section 144).
       ``(6) Capital costs for transit projects eligible for 
     assistance under chapter 53 of title 49, including vehicles 
     and facilities, whether publicly or privately owned, that are 
     used to provide intercity passenger service by bus.
       ``(7) Carpool projects, fringe and corridor parking 
     facilities and programs, including electric vehicle 
     infrastructure in accordance with section 137, bicycle 
     transportation and pedestrian walkways in accordance with 
     section 217, and the modification of public sidewalks to 
     comply with the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12101 et seq.).
       ``(8) Highway and transit safety infrastructure 
     improvements and programs, installation of safety barriers 
     and nets on bridges, hazard eliminations, projects to 
     mitigate hazards caused by wildlife, and railway-highway 
     grade crossings.
       ``(9) Highway and transit research and development and 
     technology transfer programs.
       ``(10) Capital and operating costs for traffic and traveler 
     information monitoring, management, and control facilities 
     and programs, including truck stop electrification systems.
       ``(11) Projects and strategies designed to support 
     congestion pricing, including electronic toll collection and 
     travel demand management strategies and programs.
       ``(12) Surface transportation planning.
       ``(13) Transportation enhancement activities.
       ``(14) Recreational trails projects eligible for funding 
     under section 206.
       ``(15) Construction of ferry boats and ferry terminal 
     facilities eligible for funding under section 129(c).
       ``(16) Border infrastructure projects eligible for funding 
     under section 1303 of the SAFETEA-LU (Public Law 109 59).
       ``(17) Projects , programs, and technical assistance 
     associated with National Scenic Byways, All-American Roads, 
     and America's Byways eligible for funding under section 162.
       ``(18) Truck parking facilities eligible for funding under 
     section 1401 of the MAP 21.
       ``(19) Safe routes to school projects eligible for funding 
     under section 1404 of the SAFETEA LU (23 U.S.C. 402 note; 
     Public Law 109 59).
       ``(20) Transportation control measures described in section 
     108(f)(1)(A) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)), 
     other than section 108(f)(1)(A)(xvi) of that Act.
       ``(21) Development and implementation of a State asset 
     management plan for the National Highway System in accordance 
     with section 119, including data collection, maintenance, and 
     integration and the costs associated with obtaining, 
     updating, and licensing software and equipment required for 
     risk-based asset management and performance-based management, 
     and for similar activities relating to the development and 
     implementation of a performance-based management program for 
     other public roads.
       ``(22) In accordance with all applicable Federal law 
     (including regulations), participation in natural habitat and 
     wetlands mitigation efforts relating to projects funded under 
     this title, which may include participation in natural 
     habitat and wetlands mitigation banks, contributions to 
     statewide and regional efforts to conserve, restore, enhance, 
     and create natural habitats and wetlands, and development of 
     statewide and regional natural habitat and wetlands 
     conservation and mitigation plans, including any such banks, 
     efforts, and plans developed in accordance with applicable 
     Federal law (including regulations), on the conditions that--
       ``(A) contributions to those mitigation efforts may--
       ``(i) take place concurrent with or in advance of project 
     construction; and
       ``(ii) occur in advance of project construction only if the 
     efforts are consistent with all applicable requirements of 
     Federal law (including regulations) and State transportation 
     planning processes; and
       ``(B) with respect to participation in a natural habitat or 
     wetland mitigation effort relating to a project funded under 
     this title that has an impact that occurs within the service 
     area of a mitigation bank, preference is given, to the 
     maximum extent practicable, to the use of the mitigation bank 
     if the bank contains sufficient available credits to offset 
     the impact and the bank is approved in accordance with 
     applicable Federal law (including regulations).
       ``(23) Infrastructure-based intelligent transportation 
     systems capital improvements.
       ``(24) Environmental restoration and pollution abatement in 
     accordance with section 328.
       ``(25) Control of noxious weeds and aquatic noxious weeds 
     and establishment of native species in accordance with 
     section 329.
       ``(26) Improvements to a freight railroad, marine highway, 
     or intermodal facility, but only to the extent that the 
     Secretary concurs with the State that--
       ``(A) the project will make significant improvement to 
     freight movements on the national freight network;
       ``(B) the public benefit of the project exceeds the Federal 
     investment; and
       ``(C) the project provides a better return than a highway 
     project on a segment of the primary freight network, except 
     that a State may not obligate in excess of 5 percent of funds 
     apportioned to the State under section 104(b)(2) to carry out 
     this section for that purpose.
       ``(27) Maintenance of and improvements to all public roads, 
     including non-State-owned public roads and roads on tribal 
     land--
       ``(A) that are located within 10 miles of the international 
     border between the United States and Canada or Mexico; and
       ``(B) on which federally owned vehicles comprise more than 
     50 percent of the traffic.
       ``(28) Construction, reconstruction, resurfacing, 
     restoration, rehabilitation, and preservation of, and 
     operational improvements for, any public road if--
       ``(A) the public road, and the highway project to be 
     carried out with respect to the public road, are in the same 
     corridor as, and in proximity to--
       ``(i) a fully access-controlled highway designated as a 
     part of the National Highway System; or
       ``(ii) in areas with a population of less than 200,000, a 
     federal-aid highway designated as part of the National 
     Highway System;
       ``(B) the construction or improvements will enhance the 
     level of service on the highway described in subparagraph (A) 
     and improve regional traffic flow; and
       ``(C) the construction or improvements are more cost-
     effective, as determined by benefit-cost analysis, than an 
     improvement to the highway described in subparagraph (A).
       ``(d) Allocations of Apportioned Funds to Areas Based on 
     Population.--
       ``(1) Calculation.--Of the funds apportioned to a State 
     under section 104(b)(2)--
       ``(A) 50 percent for a fiscal year shall be obligated under 
     this section, in proportion to their relative shares of the 
     population of the State--
       ``(i) in urbanized areas of the State with an urbanized 
     area population of over 200,000;
       ``(ii) in areas of the State other than urban areas with a 
     population greater than 5,000; and
       ``(iii) in other areas of the State; and
       ``(B) 50 percent may be obligated in any area of the State.
       ``(2) Metropolitan areas.--Funds attributed to an urbanized 
     area under subparagraph (A)(i) may be obligated in the 
     metropolitan area established under section 134 that 
     encompasses the urbanized area.
       ``(3) Distribution among urbanized areas of over 200,000 
     population.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the amount of funds that a State is required to obligate 
     under paragraph (1)(A)(i) shall be obligated in urbanized 
     areas described in paragraph (1)(A)(i) based on the relative 
     population of the areas.
       ``(B) Other factors.--The State may obligate the funds 
     described in subparagraph (A) based on other factors if the 
     State and the relevant metropolitan planning organizations 
     jointly apply to the Secretary for the permission to base the 
     obligation on other factors and the Secretary grants the 
     request.
       ``(e) Location of Projects.--Except as provided in 
     subsection (g) and for projects described in paragraphs (2), 
     (4), (7), (8), (13), (14), and (19) of subsection (c), for 
     local access roads under section 14501 of title 40, United 
     States Code, transportation mobility program projects may not 
     be undertaken on roads functionally classified as local or 
     rural minor collectors.
       ``(f) Applicability of Planning Requirements.--Programming 
     and expenditure of funds for projects under this section 
     shall be consistent with sections 134 and 135.
       ``(g) Bridges Not on Federal-aid Highways.--
       ``(1) Definition of off-system bridge.--The term `off-
     system bridge' means a highway bridge located on a public 
     road, other than a bridge on a Federal-aid highway.
       ``(2) Special rule.--

[[Page S1222]]

       ``(A) Penalty.--If the total deck area of deficient off-
     system bridges in a State increases for the 2 most recent 
     consecutive years, the State shall be required, during the 
     following fiscal year, to obligate for the improvement of 
     deficient off-system bridges from the amounts apportioned to 
     the State under section 104(b)(2) an amount that is not less 
     than 110 percent of the amount of funds required to be 
     obligated by the State for off-system bridges for fiscal year 
     2009 under section 144(f)(2), as in effect on the day before 
     the date of enactment of the MAP 21, except that for each 
     year after fiscal year 2013, the amount required to be 
     obligated under this subparagraph shall be increased by 2 
     percent over the amount required to be obligated in the 
     previous fiscal year.
       ``(B) Restoration.--The obligation requirement for off-
     system bridges in a State required by subparagraph (A) for a 
     fiscal year shall remain in effect for each subsequent fiscal 
     year until such time as the total deck area of deficient off-
     system bridges in the State has decreased to the level it was 
     in the State for the fiscal year prior to the establishment 
     of the obligation requirement for the State under 
     subparagraph (A).
       ``(3) Credit for bridges not on federal-aid highways.--
     Notwithstanding any other provision of law, with respect to 
     any project not on a Federal-aid highway for the replacement 
     of a bridge or rehabilitation of a bridge that is wholly 
     funded from State and local sources, is eligible for Federal 
     funds under this section, is noncontroversial, is certified 
     by the State to have been carried out in accordance with all 
     standards applicable to such projects under this section, and 
     is determined by the Secretary upon completion to be no 
     longer a deficient bridge--
       ``(A) any amount expended after the date of enactment of 
     this subsection from State and local sources for the project 
     in excess of 20 percent of the cost of construction of the 
     project may be credited to the non-Federal share of the cost 
     of other bridge projects in the State that are eligible for 
     Federal funds under this section; and
       ``(B) that crediting shall be conducted in accordance with 
     procedures established by the Secretary.''
       ``(h) Administration.--
       ``(1) Submission of project agreement.--For each fiscal 
     year, each State shall submit a project agreement that--
       ``(A) certifies that the State will meet all the 
     requirements of this section; and
       ``(B) notifies the Secretary of the amount of obligations 
     needed to carry out the program under this section.
       ``(2) Request for adjustments of amounts.--Each State shall 
     request from the Secretary such adjustments to the amount of 
     obligations referred to in paragraph (1)(B) as the State 
     determines to be necessary.
       ``(3) Effect of approval by the secretary.--Approval by the 
     Secretary of a project agreement under paragraph (1) shall be 
     deemed a contractual obligation of the United States to pay 
     transportation mobility program funds made available under 
     this title.
       ``(i) Obligation Authority.--
       ``(1) In general.--A State that is required to obligate, in 
     an urbanized area with an urbanized area population of over 
     200,000 individuals under subsection (d), funds apportioned 
     to the State under section 104(b)(2) shall make available 
     during the fiscal year an amount of obligation authority 
     distributed to the State for Federal-aid highways and highway 
     safety construction programs for use in the area that is 
     equal to the product obtained by multiplying--
       ``(A) the aggregate amount of funds that the State is 
     required to obligate in the area under subsection (d) during 
     the period; and
       ``(B) the ratio that--
       ``(i) the aggregate amount of obligation authority 
     distributed to the State for Federal-aid highways and highway 
     safety construction programs during the period; bears to
       ``(ii) the total of the sums apportioned to the State for 
     Federal-aid highways and highway safety construction programs 
     (excluding sums not subject to an obligation limitation) 
     during the period.
       ``(2) Joint responsibility.--Each State, each affected 
     metropolitan planning organization, and the Secretary shall 
     jointly ensure compliance with paragraph (1).''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 133 and inserting the following:

``133. Transportation mobility program.''.

     SEC. 1109. WORKFORCE DEVELOPMENT.

       (a) On-the-job Training.--Section 140(b) of title 23, 
     United States Code, is amended--
       (1) by striking ``Whenever apportionments are made under 
     section 104(b)(3),'' and inserting ``From administrative 
     funds made available under section 104(a),''; and
       (2) by striking ``the surface transportation program under 
     section 104(b) and the bridge program under section 144'' and 
     inserting ``the transportation mobility program under section 
     104(b)''.
       (b) Disadvantaged Business Enterprise.--Section 140(c) of 
     title 23, United States Code, is amended by striking 
     ``Whenever apportionments are made under section 104(b)(3),'' 
     and inserting ``From administrative funds made available 
     under section 104(a),''.

     SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.

       Section 143 of title 23, United States Code, is amended--
       (1) in subsection (b)--
       (A) by striking paragraph (2) and inserting the following:
       ``(2) Funding.--
       ``(A) In general.--From administrative funds made available 
     under section 104(a), the Secretary shall deduct such sums as 
     are necessary, not to exceed $10,000,000 for each of fiscal 
     years 2012 and 2013, to carry out this section.
       ``(B) Allocation of funds.--Funds made available to carry 
     out this section may be allocated to the Internal Revenue 
     Service and the States at the discretion of the Secretary, 
     except that of funds so made available for each fiscal year, 
     $2,000,000 shall be available only to carry out 
     intergovernmental enforcement efforts, including research and 
     training.''; and
       (B) in paragraph (8)--
       (i) in the paragraph heading by striking ``surface 
     transportation program'' and inserting ``transportation 
     mobility program''; and
       (ii) by striking ``section 104(b)(3)'' and inserting 
     ``section 104(b)(2)''; and
       (2) in subsection (c)(3) by striking ``for each of fiscal 
     years 2005 through 2009,'' and inserting ``for each fiscal 
     year,''.

     SEC. 1111. NATIONAL BRIDGE AND TUNNEL INVENTORY AND 
                   INSPECTION STANDARDS.

       (a) In General.--Section 144 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec.  144. National bridge and tunnel inventory and 
       inspection standards

       ``(a) Findings and Declarations.--
       ``(1) Findings.--Congress finds that--
       ``(A) the condition of the bridges of the United States has 
     improved since the date of enactment of the Transportation 
     Equity Act for the 21st Century (Public Law 105 178; 112 
     Stat. 107), yet continued improvement to bridge conditions is 
     essential to protect the safety of the traveling public and 
     allow for the efficient movement of people and goods on which 
     the economy of the United States relies; and
       ``(B) the systematic preventative maintenance of bridges, 
     and replacement and rehabilitation of deficient bridges, 
     should be undertaken through an overall asset management 
     approach to transportation investment.
       ``(2) Declarations.--Congress declares that it is in the 
     vital interest of the United States--
       ``(A) to inventory, inspect, and improve the condition of 
     the highway bridges and tunnels of the United States;
       ``(B) to use a data-driven, risk-based approach and cost-
     effective strategy for systematic preventative maintenance, 
     replacement, and rehabilitation of highway bridges and 
     tunnels to ensure safety and extended service life;
       ``(C) to use performance-based bridge management systems to 
     assist States in making timely investments;
       ``(D) to ensure accountability and link performance 
     outcomes to investment decisions; and
       ``(E) to ensure connectivity and access for residents of 
     rural areas of the United States through strategic 
     investments in National Highway System bridges and bridges on 
     all public roads.
       ``(b) National Bridge and Tunnel Inventories.--
       ``(1) In general.--The Secretary, in consultation with the 
     States, shall--
       ``(A) inventory all highway bridges on public roads that 
     are bridges over waterways, other topographical barriers, 
     other highways, and railroads;
       ``(B) classify the bridges according to serviceability, 
     safety, and essentiality for public use, including the 
     potential impacts to emergency evacuation routes and to 
     regional and national freight and passenger mobility if the 
     serviceability of the bridge is restricted or diminished; and
       ``(C) based on that classification, assign each a risk-
     based priority for systematic preventative maintenance, 
     replacement, or rehabilitation.
       ``(2) Tribally owned and federally owned bridges.--As part 
     of the activities carried out under paragraph (1), the 
     Secretary, in consultation with the Secretaries of 
     appropriate Federal agencies, shall--
       ``(A) inventory all tribally owned and Federally owned 
     highway bridges that are open to the public, over waterways, 
     other topographical barriers, other highways, and railroads;
       ``(B) classify the bridges according to serviceability, 
     safety, and essentiality for public use; and
       ``(C) based on the classification, assign each a risk-based 
     priority for systematic preventative maintenance, 
     replacement, or rehabilitation.
       ``(3) Tunnels.--The Secretary shall establish a national 
     inventory of highway tunnels reflecting the findings of the 
     most recent highway tunnel inspections conducted by States 
     under this section.
       ``(c) General Bridge Authority.--
       ``(1) In general.--Except as provided in paragraph (2) and 
     notwithstanding any other provision of law, the General 
     Bridge Act of 1946 (33 U.S.C. 525 et seq.) shall apply to 
     bridges authorized to be replaced, in whole or in part, by 
     this title.
       ``(2) Exception.--Section 502(b) of the General Bridge Act 
     of 1946 (33 U.S.C. 525(b)) and section 9 of the Act of March 
     3, 1899 (33 U.S.C. 401), shall not apply to any bridge 
     constructed, reconstructed, rehabilitated, or replaced with 
     assistance under this title, if the bridge is over waters 
     that--

[[Page S1223]]

       ``(A) are not used and are not susceptible to use in the 
     natural condition of the bridge or by reasonable improvement 
     as a means to transport interstate or foreign commerce; and
       ``(B) are--
       ``(i) not tidal; or
       ``(ii) if tidal, used only by recreational boating, 
     fishing, and other small vessels that are less than 21 feet 
     in length.
       ``(d) Inventory Updates and Reports.--
       ``(1) In general.--The Secretary shall--
       ``(A) annually revise the inventories authorized by 
     subsection (b); and
       ``(B) submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report on the inventories.
       ``(2) Inspection report.--Not later than 1 year after the 
     date of enactment of the MAP 21, each State and appropriate 
     Federal agency shall report element level data to the 
     Secretary, as each bridge is inspected pursuant to this 
     section, for all highway bridges on the National Highway 
     System.
       ``(3) Guidance.--The Secretary shall provide guidance to 
     States and Federal agencies for implementation of this 
     subsection, while respecting the existing inspection schedule 
     of each State.
       ``(4) Bridges not on national highway system.--The 
     Secretary shall--
       ``(A) conduct a study on the benefits, cost-effectiveness, 
     and feasibility of requiring element-level data collection 
     for bridges not on the National Highway System; and
       ``(B) submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report on the results of the study.
       ``(e) Bridges Without Taxing Powers.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, any bridge that is owned and operated by an agency that 
     does not have taxing powers and whose functions include 
     operating a federally assisted public transit system 
     subsidized by toll revenues shall be eligible for assistance 
     under this title, but the amount of such assistance shall in 
     no event exceed the cumulative amount which such agency has 
     expended for capital and operating costs to subsidize such 
     transit system.
       ``(2) Insufficient assets.--Before authorizing an 
     expenditure of funds under this subsection, the Secretary 
     shall determine that the applicant agency has insufficient 
     reserves, surpluses, and projected revenues (over and above 
     those required for bridge and transit capital and operating 
     costs) to fund the bridge project or activity eligible for 
     assistance under this title.
       ``(3) Crediting of non-federal funds.--Any non-Federal 
     funds expended for the seismic retrofit of the bridge may be 
     credited toward the non-Federal share required as a condition 
     of receipt of any Federal funds for seismic retrofit of the 
     bridge made available after the date of the expenditure.
       ``(f) Replacement of Destroyed Bridges and Ferry Boat 
     Service.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, a State may use the funds apportioned under section 
     104(b)(2) to construct any bridge that replaces--
       ``(A) any low water crossing (regardless of the length of 
     the low water crossing);
       ``(B) any bridge that was destroyed prior to January 1, 
     1965;
       ``(C) any ferry that was in existence on January 1, 1984; 
     or
       ``(D) any road bridge that is rendered obsolete as a result 
     of a Corps of Engineers flood control or channelization 
     project and is not rebuilt with funds from the Corps of 
     Engineers.
       ``(2) Federal share.--The Federal share payable on any 
     bridge construction carried out under paragraph (1) shall be 
     80 percent of the cost of the construction.
       ``(g) Historic Bridges.--
       ``(1) Definition of historic bridge.--In this subsection, 
     the term `historic bridge' means any bridge that is listed 
     on, or eligible for listing on, the National Register of 
     Historic Places.
       ``(2) Coordination.--The Secretary shall, in cooperation 
     with the States, encourage the retention, rehabilitation, 
     adaptive reuse, and future study of historic bridges.
       ``(3) State inventory.--The Secretary shall require each 
     State to complete an inventory of all bridges on and off 
     Federal-aid highways to determine the historic significance 
     of the bridges.
       ``(4) Eligibility.--
       ``(A) In general.--Subject to subparagraph (B), reasonable 
     costs associated with actions to preserve, or reduce the 
     impact of a project under this chapter on, the historic 
     integrity of a historic bridge shall be eligible as 
     reimbursable project costs under section 133 if the load 
     capacity and safety features of the historic bridge are 
     adequate to serve the intended use for the life of the 
     historic bridge.
       ``(B) Bridges not used for vehicle traffic.--In the case of 
     a historic bridge that is no longer used for motorized 
     vehicular traffic, the costs eligible as reimbursable project 
     costs pursuant to this chapter shall not exceed the estimated 
     cost of demolition of the historic bridge.
       ``(5) Preservation.--Any State that proposes to demolish a 
     historic bridge for a replacement project with funds made 
     available to carry out this section shall first make the 
     historic bridge available for donation to a State, locality, 
     or responsible private entity if the State, locality, or 
     responsible entity enters into an agreement--
       ``(A) to maintain the bridge and the features that give the 
     historic bridge its historic significance; and
       ``(B) to assume all future legal and financial 
     responsibility for the historic bridge, which may include an 
     agreement to hold the State transportation department 
     harmless in any liability action.
       ``(6) Costs incurred.--
       ``(A) In general.--Costs incurred by the State to preserve 
     a historic bridge (including funds made available to the 
     State, locality, or private entity to enable it to accept the 
     bridge) shall be eligible as reimbursable project costs under 
     this chapter in an amount not to exceed the cost of 
     demolition.
       ``(B) Additional funding.--Any bridge preserved pursuant to 
     this paragraph shall not be eligible for any other funds 
     authorized pursuant to this title.
       ``(h) National Bridge and Tunnel Inspection Standards.--
       ``(1) Requirement.--
       ``(A) In general.--The Secretary shall establish and 
     maintain inspection standards for the proper inspection and 
     evaluation of all highway bridges and tunnels for safety and 
     serviceability.
       ``(B) Uniformity.--The standards under this subsection 
     shall be designed to ensure uniformity of the inspections and 
     evaluations.
       ``(2) Minimum requirements of inspection standards.--The 
     standards established under paragraph (1) shall, at a 
     minimum--
       ``(A) specify, in detail, the method by which the 
     inspections shall be carried out by the States, Federal 
     agencies, and tribal governments;
       ``(B) establish the maximum time period between 
     inspections;
       ``(C) establish the qualifications for those charged with 
     carrying out the inspections;
       ``(D) require each State, Federal agency, and tribal 
     government to maintain and make available to the Secretary on 
     request--
       ``(i) written reports on the results of highway bridge and 
     tunnel inspections and notations of any action taken pursuant 
     to the findings of the inspections; and
       ``(ii) current inventory data for all highway bridges and 
     tunnels reflecting the findings of the most recent highway 
     bridge and tunnel inspections conducted; and
       ``(E) establish a procedure for national certification of 
     highway bridge inspectors and tunnel inspectors.
       ``(3) State compliance with inspection standards.--The 
     Secretary shall, at a minimum--
       ``(A) establish, in consultation with the States, and 
     interested and knowledgeable private organizations and 
     individuals, procedures to conduct reviews of State 
     compliance with--
       ``(i) the standards established under this subsection; and
       ``(ii) the calculation or reevaluation of bridge load 
     ratings; and
       ``(B) establish, in consultation with the States, and 
     interested and knowledgeable private organizations and 
     individuals, procedures for States to follow in reporting to 
     the Secretary--
       ``(i) critical findings relating to structural or safety-
     related deficiencies of highway bridges; and
       ``(ii) monitoring activities and corrective actions taken 
     in response to a critical finding.
       ``(4) Reviews of state compliance.--
       ``(A) In general.--The Secretary shall annually review 
     State compliance with the standards established under this 
     section.
       ``(B) Noncompliance.--If an annual review in accordance 
     with subparagraph (A) identifies noncompliance by a State, 
     the Secretary shall--
       ``(i) issue a report detailing the issues of the 
     noncompliance by December 31 of the calendar year in which 
     the review was made; and
       ``(ii) provide the State an opportunity to address the 
     noncompliance by--

       ``(I) developing a corrective action plan to remedy the 
     noncompliance; or
       ``(II) resolving the issues of noncompliance not later than 
     45 days after the date of notification.

       ``(5) Penalty for noncompliance.--
       ``(A) In general.--If a State fails to satisfy the 
     requirements of paragraph (4)(B) by August 1 of the calendar 
     year following the year of a finding of noncompliance, the 
     Secretary shall, on October 1 of that year, and each year 
     thereafter as may be necessary, require the State to dedicate 
     funds apportioned to the State under sections 119 and 133 
     after the date of enactment of the MAP 21 to correct the 
     noncompliance with the minimum inspection standards 
     established under this subsection.
       ``(B) Amount.--The amount of the funds to be directed to 
     correcting noncompliance in accordance with subparagraph (A) 
     shall--
       ``(i) be determined by the State based on an analysis of 
     the actions needed to address the noncompliance; and
       ``(ii) require approval by the Secretary.
       ``(6) Update of standards.--Not later than 3 years after 
     the date of enactment of the MAP 21, the Secretary shall 
     update inspection standards to cover--
       ``(A) the methodology, training, and qualifications for 
     inspectors; and
       ``(B) the frequency of inspection.
       ``(7) Risk-based approach.--In carrying out the revisions 
     required by paragraph (6), the Secretary shall consider a 
     risk-based approach to determining the frequency of bridge 
     inspections.

[[Page S1224]]

       ``(i) Training Program for Bridge and Tunnel Inspectors.--
       ``(1) In general.--The Secretary, in cooperation with the 
     State transportation departments, shall maintain a program 
     designed to train appropriate personnel to carry out highway 
     bridge and tunnel inspections.
       ``(2) Revisions.--The training program shall be revised 
     from time to time to take into account new and improved 
     techniques.
       ``(j) Availability of Funds.--To carry out this section, 
     the Secretary may use funds made available under sections 
     104(a), 119, 133, and 503.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 144 and inserting the following:

``144. National bridge and tunnel inventory and inspection 
              standards.''.

     SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

       Section 148 of title 23, United States Code, is amended to 
     read as follows:

     ``Sec.  148. Highway safety improvement program

       ``(a) Definitions.--In this section, the following 
     definitions apply:
       ``(1) High risk rural road.--The term `high risk rural 
     road' means any roadway functionally classified as a rural 
     major or minor collector or a rural local road with 
     significant safety risks, as defined by a State in accordance 
     with an updated State strategic highway safety plan.
       ``(2) Highway basemap.--The term `highway basemap' means a 
     representation of all public roads that can be used to 
     geolocate attribute data on a roadway.
       ``(3) Highway safety improvement program.--The term 
     `highway safety improvement program' means projects, 
     activities, plans, and reports carried out under this 
     section.
       ``(4) Highway safety improvement project.--
       ``(A) In general.--The term `highway safety improvement 
     project' means strategies, activities, and projects on a 
     public road that are consistent with a State strategic 
     highway safety plan and--
       ``(i) correct or improve a hazardous road location or 
     feature; or
       ``(ii) address a highway safety problem.
       ``(B) Inclusions.--The term `highway safety improvement 
     project' includes, but is not limited to, a project for 1 or 
     more of the following:
       ``(i) An intersection safety improvement.
       ``(ii) Pavement and shoulder widening (including addition 
     of a passing lane to remedy an unsafe condition).
       ``(iii) Installation of rumble strips or another warning 
     device, if the rumble strips or other warning devices do not 
     adversely affect the safety or mobility of bicyclists and 
     pedestrians, including persons with disabilities.
       ``(iv) Installation of a skid-resistant surface at an 
     intersection or other location with a high frequency of 
     crashes.
       ``(v) An improvement for pedestrian or bicyclist safety or 
     safety of persons with disabilities.
       ``(vi) Construction and improvement of a railway-highway 
     grade crossing safety feature, including installation of 
     protective devices.
       ``(vii) The conduct of a model traffic enforcement activity 
     at a railway-highway crossing.
       ``(viii) Construction of a traffic calming feature.
       ``(ix) Elimination of a roadside hazard.
       ``(x) Installation, replacement, and other improvement of 
     highway signage and pavement markings, or a project to 
     maintain minimum levels of retroreflectivity, that addresses 
     a highway safety problem consistent with a State strategic 
     highway safety plan.
       ``(xi) Installation of a priority control system for 
     emergency vehicles at signalized intersections.
       ``(xii) Installation of a traffic control or other warning 
     device at a location with high crash potential.
       ``(xiii) Transportation safety planning.
       ``(xiv) Collection, analysis, and improvement of safety 
     data.
       ``(xv) Planning integrated interoperable emergency 
     communications equipment, operational activities, or traffic 
     enforcement activities (including police assistance) relating 
     to work zone safety.
       ``(xvi) Installation of guardrails, barriers (including 
     barriers between construction work zones and traffic lanes 
     for the safety of road users and workers), and crash 
     attenuators.
       ``(xvii) The addition or retrofitting of structures or 
     other measures to eliminate or reduce crashes involving 
     vehicles and wildlife.
       ``(xviii) Installation of yellow-green signs and signals at 
     pedestrian and bicycle crossings and in school zones.
       ``(xix) Construction and operational improvements on high 
     risk rural roads.
       ``(xx) Geometric improvements to a road for safety purposes 
     that improve safety.
       ``(xxi) A road safety audit.
       ``(xxii) Roadway safety infrastructure improvements 
     consistent with the recommendations included in the 
     publication of the Federal Highway Administration entitled 
     `Highway Design Handbook for Older Drivers and Pedestrians' 
     (FHWA-RD-01-103), dated May 2001 or as subsequently revised 
     and updated.
       ``(xxiii) Truck parking facilities eligible for funding 
     under section 1401 of the MAP 21.
       ``(xxiv) Systemic safety improvements.
       ``(5) Model inventory of roadway elements.--The term `model 
     inventory of roadway elements' means the listing and 
     standardized coding by the Federal Highway Administration of 
     roadway and traffic data elements critical to safety 
     management, analysis, and decisionmaking.
       ``(6) Project to maintain minimum levels of 
     retroreflectivity.--The term `project to maintain minimum 
     levels of retroreflectivity' means a project that is designed 
     to maintain a highway sign or pavement marking 
     retroreflectivity at or above the minimum levels prescribed 
     in Federal or State regulations.
       ``(7) Road safety audit.--The term `road safety audit' 
     means a formal safety performance examination of an existing 
     or future road or intersection by an independent 
     multidisciplinary audit team.
       ``(8) Road users.--The term `road user' means a motorist, 
     passenger, public transportation operator or user, truck 
     driver, bicyclist, motorcyclist, or pedestrian, including a 
     person with disabilities.
       ``(9) Safety data.--
       ``(A) In general.--The term `safety data' means crash, 
     roadway, and traffic data on a public road.
       ``(B) Inclusion.--The term `safety data' includes, in the 
     case of a railway-highway grade crossing, the characteristics 
     of highway and train traffic, licensing, and vehicle data.
       ``(10) Safety project under any other section.--
       ``(A) In general.--The term `safety project under any other 
     section' means a project carried out for the purpose of 
     safety under any other section of this title.
       ``(B) Inclusion.--The term `safety project under any other 
     section' includes--
       ``(i) a project consistent with the State strategic highway 
     safety plan that promotes the awareness of the public and 
     educates the public concerning highway safety matters 
     (including motorcycle safety);
       ``(ii) a project to enforce highway safety laws; and
       ``(iii) a project to provide infrastructure and 
     infrastructure-related equipment to support emergency 
     services.
       ``(11) State highway safety improvement program.--The term 
     `State highway safety improvement program' means a program of 
     highway safety improvement projects, activities, plans and 
     reports carried out as part of the Statewide transportation 
     improvement program under section 135(g).
       ``(12) State strategic highway safety plan.--The term 
     `State strategic highway safety plan' means a comprehensive 
     plan, based on safety data, developed by a State 
     transportation department that--
       ``(A) is developed after consultation with--
       ``(i) a highway safety representative of the Governor of 
     the State;
       ``(ii) regional transportation planning organizations and 
     metropolitan planning organizations, if any;
       ``(iii) representatives of major modes of transportation;
       ``(iv) State and local traffic enforcement officials;
       ``(v) a highway-rail grade crossing safety representative 
     of the Governor of the State;
       ``(vi) representatives conducting a motor carrier safety 
     program under section 31102, 31106, or 31309 of title 49;
       ``(vii) motor vehicle administration agencies;
       ``(viii) county transportation officials;
       ``(ix) State representatives of nonmotorized users; and
       ``(x) other major Federal, State, tribal, and local safety 
     stakeholders;
       ``(B) analyzes and makes effective use of State, regional, 
     local, or tribal safety data;
       ``(C) addresses engineering, management, operation, 
     education, enforcement, and emergency services elements 
     (including integrated, interoperable emergency 
     communications) of highway safety as key factors in 
     evaluating highway projects;
       ``(D) considers safety needs of, and high-fatality segments 
     of, all public roads, including non-State-owned public roads 
     and roads on tribal land;
       ``(E) considers the results of State, regional, or local 
     transportation and highway safety planning processes;
       ``(F) describes a program of strategies to reduce or 
     eliminate safety hazards;
       ``(G) is approved by the Governor of the State or a 
     responsible State agency;
       ``(H) is consistent with section 135(g); and
       ``(I) is updated and submitted to the Secretary for 
     approval as required under subsection (d)(2).
       ``(13) Systemic safety improvement.--The term `systemic 
     safety improvement' means an improvement that is widely 
     implemented based on high-risk roadway features that are 
     correlated with particular crash types, rather than crash 
     frequency.
       ``(b) Program.--
       ``(1) In general.--The Secretary shall carry out a highway 
     safety improvement program.
       ``(2) Purpose.--The purpose of the highway safety 
     improvement program shall be to achieve a significant 
     reduction in traffic fatalities and serious injuries on all 
     public roads, including non-State-owned public roads and 
     roads on tribal land.
       ``(c) Eligibility.--
       ``(1) In general.--To obligate funds apportioned under 
     section 104(b)(3) to carry out this section, a State shall 
     have in effect a

[[Page S1225]]

     State highway safety improvement program under which the 
     State--
       ``(A) develops, implements, and updates a State strategic 
     highway safety plan that identifies and analyzes highway 
     safety problems and opportunities as provided in subsections 
     (a)(12) and (d);
       ``(B) produces a program of projects or strategies to 
     reduce identified safety problems; and
       ``(C) evaluates the strategic highway safety plan on a 
     regularly recurring basis in accordance with subsection 
     (d)(1) to ensure the accuracy of the data and priority of 
     proposed strategies.
       ``(2) Identification and analysis of highway safety 
     problems and opportunities.--As part of the State highway 
     safety improvement program, a State shall--
       ``(A) have in place a safety data system with the ability 
     to perform safety problem identification and countermeasure 
     analysis--
       ``(i) to improve the timeliness, accuracy, completeness, 
     uniformity, integration, and accessibility of the safety data 
     on all public roads, including non-State-owned public roads 
     and roads on tribal land in the State;
       ``(ii) to evaluate the effectiveness of data improvement 
     efforts;
       ``(iii) to link State data systems, including traffic 
     records, with other data systems within the State;
       ``(iv) to improve the compatibility and interoperability of 
     safety data with other State transportation-related data 
     systems and the compatibility and interoperability of State 
     safety data systems with data systems of other States and 
     national data systems;
       ``(v) to enhance the ability of the Secretary to observe 
     and analyze national trends in crash occurrences, rates, 
     outcomes, and circumstances; and
       ``(vi) to improve the collection of data on nonmotorized 
     crashes;
       ``(B) based on the analysis required by subparagraph (A)--
       ``(i) identify hazardous locations, sections, and elements 
     (including roadside obstacles, railway-highway crossing 
     needs, and unmarked or poorly marked roads) that constitute a 
     danger to motorists (including motorcyclists), bicyclists, 
     pedestrians, and other highway users;
       ``(ii) using such criteria as the State determines to be 
     appropriate, establish the relative severity of those 
     locations, in terms of crashes (including crash rates), 
     fatalities, serious injuries, traffic volume levels, and 
     other relevant data;
       ``(iii) identify the number of fatalities and serious 
     injuries on all public roads by location in the State;
       ``(iv) identify highway safety improvement projects on the 
     basis of crash experience, crash potential, crash rate, or 
     other data-supported means; and
       ``(v) consider which projects maximize opportunities to 
     advance safety;
       ``(C) adopt strategic and performance-based goals that--
       ``(i) address traffic safety, including behavioral and 
     infrastructure problems and opportunities on all public 
     roads;
       ``(ii) focus resources on areas of greatest need; and
       ``(iii) are coordinated with other State highway safety 
     programs;
       ``(D) advance the capabilities of the State for safety data 
     collection, analysis, and integration in a manner that--
       ``(i) complements the State highway safety program under 
     chapter 4 and the commercial vehicle safety plan under 
     section 31102 of title 49;
       ``(ii) includes all public roads, including public non-
     State-owned roads and roads on tribal land;
       ``(iii) identifies hazardous locations, sections, and 
     elements on all public roads that constitute a danger to 
     motorists (including motorcyclists), bicyclists, pedestrians, 
     persons with disabilities, and other highway users;
       ``(iv) includes a means of identifying the relative 
     severity of hazardous locations described in clause (iii) in 
     terms of crashes (including crash rate), serious injuries, 
     fatalities, and traffic volume levels; and
       ``(v) improves the ability of the State to identify the 
     number of fatalities and serious injuries on all public roads 
     in the State with a breakdown by functional classification 
     and ownership in the State;
       ``(E)(i) determine priorities for the correction of 
     hazardous road locations, sections, and elements (including 
     railway-highway crossing improvements), as identified through 
     safety data analysis;
       ``(ii) identify opportunities for preventing the 
     development of such hazardous conditions; and
       ``(iii) establish and implement a schedule of highway 
     safety improvement projects for hazard correction and hazard 
     prevention; and
       ``(F)(i) establish an evaluation process to analyze and 
     assess results achieved by highway safety improvement 
     projects carried out in accordance with procedures and 
     criteria established by this section; and
       ``(ii) use the information obtained under clause (i) in 
     setting priorities for highway safety improvement projects.
       ``(d) Updates to Strategic Highway Safety Plans.--
       ``(1) Establishment of requirements.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the MAP 21, the Secretary shall establish 
     requirements for regularly recurring State updates of 
     strategic highway safety plans.
       ``(B) Contents of updated strategic highway safety plans.--
     In establishing requirements under this subsection, the 
     Secretary shall ensure that States take into consideration, 
     with respect to updated strategic highway safety plans--
       ``(i) the findings of road safety audits;
       ``(ii) the locations of fatalities and serious injuries;
       ``(iii) the locations that do not have an empirical history 
     of fatalities and serious injuries, but possess risk factors 
     for potential crashes;
       ``(iv) rural roads, including all public roads, 
     commensurate with fatality data;
       ``(v) motor vehicle crashes that include fatalities or 
     serious injuries to pedestrians and bicyclists;
       ``(vi) the cost-effectiveness of improvements;
       ``(vii) improvements to rail-highway grade crossings; and
       ``(viii) safety on all public roads, including non-State-
     owned public roads and roads on tribal land.
       ``(2) Approval of updated strategic highway safety plans.--
       ``(A) In general.--Each State shall--
       ``(i) update the strategic highway safety plans of the 
     State in accordance with the requirements established by the 
     Secretary under this subsection; and
       ``(ii) submit the updated plans to the Secretary, along 
     with a detailed description of the process used to update the 
     plan.
       ``(B) Requirements for approval.--The Secretary shall not 
     approve the process for an updated strategic highway safety 
     plan unless--
       ``(i) the updated strategic highway safety plan is 
     consistent with the requirements of this subsection and 
     subsection (a)(12); and
       ``(ii) the process used is consistent with the requirements 
     of this subsection.
       ``(3) Penalty for failure to have an approved updated 
     strategic highway safety plan.--If a State does not have an 
     updated strategic highway safety plan with a process approved 
     by the Secretary by August 1 of the fiscal year beginning 
     after the date of establishment of the requirements under 
     paragraph (1)--
       ``(A) the State shall not be eligible to receive any 
     additional limitation pursuant to the redistribution of the 
     limitation on obligations for Federal-aid highway and highway 
     safety construction programs that occurs after August 1 for 
     each succeeding fiscal year until the fiscal year during 
     which the plan is approved; and
       ``(B) the Secretary shall, on October 1 of each fiscal year 
     thereafter, transfer from funds apportioned to the State 
     under section 104(b)(2) (other than amounts suballocated to 
     metropolitan areas and other areas of the State under section 
     133(d)) an amount equal to 10 percent of the funds so 
     apportioned for the fiscal year for use under the highway 
     safety improvement program under this section to the 
     apportionment of the State under section 104(b)(3) until the 
     fiscal year in which the plan is approved.
       ``(e) Eligible Projects.--
       ``(1) In general.--Funds apportioned to the State under 
     section 104(b)(3) may be obligated to carry out--
       ``(A) any highway safety improvement project on any public 
     road or publicly owned bicycle or pedestrian pathway or 
     trail; or
       ``(B) as provided in subsection (f), other safety projects.
       ``(2) Use of other funding for safety.--
       ``(A) Effect of section.--Nothing in this section prohibits 
     the use of funds made available under other provisions of 
     this title for highway safety improvement projects.
       ``(B) Use of other funds.--States are encouraged to address 
     the full scope of the safety needs and opportunities of the 
     States by using funds made available under other provisions 
     of this title (except a provision that specifically prohibits 
     that use).
       ``(f) Flexible Funding for States With a Strategic Highway 
     Safety Plan.--
       ``(1) In general.--To further the implementation of a State 
     strategic highway safety plan, a State may use up to 10 
     percent of the amount of funds apportioned to the State under 
     section 104(b)(3) for a fiscal year to carry out safety 
     projects under any other section as provided in the State 
     strategic highway safety plan if the State certifies that--
       ``(A) the State has met needs in the State relating to 
     railway-highway crossings for the preceding fiscal year; and
       ``(B) the funds are being used for the most effective 
     projects to make progress toward achieving the safety 
     performance targets of the State.
       ``(2) Other transportation and highway safety plans.--
     Nothing in this subsection requires a State to revise any 
     State process, plan, or program in effect on the date of 
     enactment of the MAP 21.
       ``(g) Data Improvement.--
       ``(1) Definition of data improvement activities.--In this 
     subsection:
       ``(A) In general.--The term `data improvement activities' 
     means a project or activity to further the capacity of a 
     State to make more informed and effective safety 
     infrastructure investment decisions.
       ``(B) Inclusions.--The term `data improvement activities' 
     includes a project or activity--
       ``(i) to create, update, or enhance a highway basemap of 
     all public roads in a State;
       ``(ii) to collect safety data, including data identified as 
     part of the model inventory of roadway elements, for creation 
     of or use on

[[Page S1226]]

     a highway basemap of all public roads in a State;
       ``(iii) to store and maintain safety data in an electronic 
     manner;
       ``(iv) to develop analytical processes for safety data 
     elements;
       ``(v) to acquire and implement roadway safety analysis 
     tools; and
       ``(vi) to support the collection, maintenance, and sharing 
     of safety data on all public roads and related systems 
     associated with the analytical usage of that data.
       ``(2) Apportionment.--Of the funds apportioned to a State 
     under section 104(b)(3) for a fiscal year--
       ``(A) not less than 8 percent of the funds apportioned for 
     each of fiscal years 2012 through 2013 shall be available 
     only for data improvement activities under this subsection; 
     and
       ``(B) not less than 4 percent of the funds apportioned for 
     fiscal year 2014 and each fiscal year thereafter shall be 
     available only for data improvement activities under this 
     subsection.
       ``(3) Special rule.--A State may use funds apportioned to 
     the State pursuant to this subsection for any project 
     eligible under this section if the State demonstrates to the 
     satisfaction of the Secretary that the State has met all of 
     the State needs for data collection to support the State 
     strategic highway safety plan and sufficiently addressed the 
     data improvement activities described in paragraph (1).
       ``(4) Model inventory of roadway elements.--The Secretary 
     shall--
       ``(A) establish a subset of the model inventory of roadway 
     elements that are useful for the inventory of roadway safety; 
     and
       ``(B) ensure that States adopt and use the subset to 
     improve data collection.
       ``(h) Performance Measures and Targets for State Highway 
     Safety Improvement Programs.--
       ``(1) Establishment of performance measures.--Not later 
     than 1 year after the date of enactment of the MAP 21, the 
     Secretary shall issue guidance to States on the 
     establishment, collection, and reporting of performance 
     measures that reflect--
       ``(A) serious injuries and fatalities per vehicle mile 
     traveled;
       ``(B) serious injuries and fatalities per capita; and
       ``(C) the number of serious injuries and fatalities
       ``(2) Establishment of state performance targets.--Not 
     later than 1 year after the Secretary has issued guidance to 
     States on the establishment, collection, and reporting of 
     performance measures, each State shall set performance 
     targets that reflect--
       ``(A) serious injuries and fatalities per vehicle mile 
     traveled;
       ``(B) serious injuries and fatalities per capita; and
       ``(C) the number of serious injuries and fatalities.
       ``(i) Special Rules.--
       ``(1) High-risk rural road safety.--If the fatality rate on 
     rural roads in a State increases over the most recent 2-year 
     period for which data are available, that State shall be 
     required to obligate in the next fiscal year for projects on 
     high risk rural roads an amount equal to at least 200 percent 
     of the amount of funds the State received for fiscal year 
     2009 for high risk rural roads under subsection (f) of this 
     section, as in effect on the day before the date of enactment 
     of the MAP 21.
       ``(2) Rail-highway grade crossings.--If the average number 
     of fatalities at rail-highway grade crossings in a State over 
     the most recent 2-year period for which data are available 
     increases over the average number of fatalities during the 
     preceding 2-year period, that State shall be required to 
     obligate in the next fiscal year for projects on rail-highway 
     grade crossings an amount equal to 120 percent of the amount 
     of funds the State received for fiscal year 2009 for rail-
     highway grade crossings under section 130(f) (as in effect on 
     the day before the date of enactment of the MAP 21).
       ``(3) Older drivers.--If traffic fatalities and serious 
     injuries per capita for drivers and pedestrians over the age 
     of 65 in a State increases during the most recent 2-year 
     period for which data are available, that State shall be 
     required to include, in the subsequent Strategic Highway 
     Safety Plan of the State, strategies to address the increases 
     in those rates, taking into account the recommendations 
     included in the publication of the Federal Highway 
     Administration entitled `Highway Design Handbook for Older 
     Drivers and Pedestrians' (FHWA-RD-01-103), and dated May 
     2001, or as subsequently revised and updated.
       ``(j) Reports.--
       ``(1) In general.--A State shall submit to the Secretary a 
     report that--
       ``(A) describes the progress being made to achieve the 
     performance targets established under subsection (h);
       ``(B) describes progress being made to implement highway 
     safety improvement projects under this section;
       ``(C) assesses the effectiveness of those improvements; and
       ``(D) describes the extent to which the improvements funded 
     under this section have contributed to reducing--
       ``(i) the number and rate of fatalities on all public roads 
     with, to the maximum extent practicable, a breakdown by 
     functional classification and ownership in the State;
       ``(ii) the number and rate of serious injuries on all 
     public roads with, to the maximum extent practicable, a 
     breakdown by functional classification and ownership in the 
     State; and
       ``(iii) the occurrences of fatalities and serious injuries 
     at railway-highway crossings.
       ``(2) Contents; schedule.--The Secretary shall establish 
     the content and schedule for the submission of the report 
     under paragraph (1).
       ``(3) Transparency.--The Secretary shall make strategic 
     highway safety plans submitted under subsection (d) and 
     reports submitted under this subsection available to the 
     public through--
       ``(A) the website of the Department; and
       ``(B) such other means as the Secretary determines to be 
     appropriate.
       ``(4) Discovery and admission into evidence of certain 
     reports, surveys, and information.--Notwithstanding any other 
     provision of law, reports, surveys, schedules, lists, or data 
     compiled or collected for any purpose relating to this 
     section, shall not be subject to discovery or admitted into 
     evidence in a Federal or State court proceeding or considered 
     for other purposes in any action for damages arising from any 
     occurrence at a location identified or addressed in the 
     reports, surveys, schedules, lists, or other data.
       ``(k) State Performance Targets.--If the Secretary 
     determines that a State has not met or made significant 
     progress toward meeting the performance targets of the State 
     established under subsection (h) by the date that is 2 years 
     after the date of the establishment of the performance 
     targets, the State shall--
       ``(1) use obligation authority equal to the apportionment 
     of the State for the prior year under section 104(b)(3) only 
     for highway safety improvement projects under this section 
     until the Secretary determines that the State has met or made 
     significant progress toward meeting the performance targets 
     of the State; and
       ``(2) submit annually to the Secretary, until the Secretary 
     determines that the State has met or made significant 
     progress toward meeting the performance targets of the State, 
     an implementation plan that--
       ``(A) identifies roadway features that constitute a hazard 
     to road users;
       ``(B) identifies highway safety improvement projects on the 
     basis of crash experience, crash potential, or other data-
     supported means;
       ``(C) describes how highway safety improvement program 
     funds will be allocated, including projects, activities, and 
     strategies to be implemented;
       ``(D) describes how the proposed projects, activities, and 
     strategies funded under the State highway safety improvement 
     program will allow the State to make progress toward 
     achieving the safety performance targets of the State; and
       ``(E) describes the actions the State will undertake to 
     meet the performance targets of the State.
       ``(l) Federal Share of Highway Safety Improvement 
     Projects.--Except as provided in sections 120 and 130, the 
     Federal share of the cost of a highway safety improvement 
     project carried out with funds apportioned to a State under 
     section 104(b)(3) shall be 90 percent.''.

     SEC. 1113. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT 
                   PROGRAM.

       Section 149 of title 23, United States Code, is amended to 
     read as follows:

     ``Sec.  149. Congestion mitigation and air quality 
       improvement program

       ``(a) Establishment.--The Secretary shall establish and 
     implement a congestion mitigation and air quality improvement 
     program in accordance with this section.
       ``(b) Eligible Projects.--
       ``(1) In general.--Except as provided in subsection (c), a 
     State may obligate funds apportioned to the State for the 
     congestion mitigation and air quality improvement program 
     under section 104(b)(4) that are not reserved under 
     subsection (l) only for a transportation project or program 
     if the project or program is for an area in the State that is 
     or was designated as a nonattainment area for ozone, carbon 
     monoxide, or particulate matter under section 107(d) of the 
     Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant to 
     section 181(a), 186(a), 188(a), or 188(b) of the Clean Air 
     Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is 
     or was designated as a nonattainment area under section 
     107(d) of that Act after December 31, 1997, or is required to 
     prepare, and file with the Administrator of the Environmental 
     Protection Agency, maintenance plans under the Clean Air Act 
     (42 U.S.C. 7401 et seq.); and
       ``(A)(i)(I) if the Secretary, after consultation with the 
     Administrator determines, on the basis of information 
     published by the Environmental Protection Agency pursuant to 
     subparagraph (A) of section 108(f)(1) of the Clean Air Act 
     (other than clause (xvi) of that subparagraph) (42 U.S.C. 
     7408(f)(1)) that the project or program is likely to 
     contribute to--
       ``(aa) the attainment of a national ambient air quality 
     standard; or
       ``(bb) the maintenance of a national ambient air quality 
     standard in a maintenance area; and
       ``(II) there exists a high level of effectiveness in 
     reducing air pollution, in cases of projects or programs 
     where sufficient information is available in the database 
     established pursuant to subsection (h) to determine the 
     relative effectiveness of such projects or programs; or
       ``(ii) in any case in which such information is not 
     available, if the Secretary, after such

[[Page S1227]]

     consultation, determines that the project or program is part 
     of a program, method, or strategy described in such section 
     108(f)(1)(A);
       ``(B) if the project or program is included in a State 
     implementation plan that has been approved pursuant to the 
     Clean Air Act and the project will have air quality benefits;
       ``(C) to establish or operate a traffic monitoring, 
     management, and control facility or program, including truck 
     stop electrification systems, if the Secretary, after 
     consultation with the Administrator, determines that the 
     facility or program is likely to contribute to the attainment 
     of a national ambient air quality standard;
       ``(D) if the program or project improves traffic flow, 
     including projects to improve signalization, construct high-
     occupancy vehicle lanes, improve intersections, add turning 
     lanes, improve transportation systems management and 
     operations that mitigate congestion and improve air quality, 
     and implement intelligent transportation system strategies 
     and such other projects that are eligible for assistance 
     under this section on the day before the date of enactment of 
     the MAP 21, including programs or projects to improve 
     incident and emergency response or improve mobility, such as 
     through real-time traffic, transit, and multimodal traveler 
     information;
       ``(E) if the project or program involves the purchase of 
     integrated, interoperable emergency communications equipment;
       ``(F) if the project or program is for--
       ``(i) the purchase of diesel retrofits that are--

       ``(I) for motor vehicles (as defined in section 216 of the 
     Clean Air Act (42 U.S.C. 7550)); or
       ``(II) verified technologies (as defined in section 791 of 
     the Energy Policy Act of 2005 (42 U.S.C. 16131)) for nonroad 
     vehicles and nonroad engines (as defined in section 216 of 
     the Clean Air Act (42 U.S.C. 7550)) that are used in 
     construction projects that are--

       ``(aa) located in nonattainment or maintenance areas for 
     ozone, PM10, or PM2.5 (as defined under 
     the Clean Air Act (42 U.S.C. 7401 et seq.)); and
       ``(bb) funded, in whole or in part, under this title; or
       ``(ii) the conduct of outreach activities that are designed 
     to provide information and technical assistance to the owners 
     and operators of diesel equipment and vehicles regarding the 
     purchase and installation of diesel retrofits;
       ``(G) if the project involves the installation of battery 
     charging or replacement facilities for electric-drive 
     vehicles, or refueling facilities for alternative-fuel 
     vehicles;
       ``(H) if the project or program shifts traffic demand to 
     nonpeak hours or other transportation modes, increases 
     vehicle occupancy rates, or otherwise reduces demand for 
     roads through such means as telecommuting, ridesharing, 
     carsharing, alternative work hours, and pricing; or
       ``(I) if the Secretary, after consultation with the 
     Administrator, determines that the project or program is 
     likely to contribute to the attainment of a national ambient 
     air quality standard, whether through reductions in vehicle 
     miles traveled, fuel consumption, or through other factors.
       ``(2) Limitations.--Funds apportioned to a State under 
     section 104(b)(4) and not reserved under subsection (l) may 
     not be obligated for a project that will result in the 
     construction of new capacity available to single-occupant 
     vehicles unless the project consists of a high-occupancy 
     vehicle facility available to single-occupant vehicles only 
     at other than peak travel times or such use by single-
     occupant vehicles at peak travel times is subject to a toll.
       ``(3) Use of funds for other activities.--Notwithstanding 
     paragraph (1) and subsection (c), the Secretary may permit a 
     State to use amounts apportioned to the State for each of 
     fiscal years 2012 and 2013 for the congestion mitigation and 
     air quality improvement program under section 104(b)(4) to 
     carry out any activity on a system that was eligible for 
     funding under that program as in effect on December 31, 2010.
       ``(c) States Flexibility.--
       ``(1) States without a nonattainment area.--If a State does 
     not have, and never has had, a nonattainment area designated 
     under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone, 
     carbon monoxide, or PM2.5, the State may use funds 
     apportioned to the State under section 104(b)(4) (excluding 
     the amount of funds reserved under subsection (l)) for any 
     project in the State that--
       ``(A) would otherwise be eligible under subsection (b) as 
     if the project were carried out in a nonattainment or 
     maintenance area; or
       ``(B) is eligible under the transportation mobility program 
     under section 133.
       ``(2) States with a nonattainment area.--
       ``(A) In general.--If a State has a nonattainment area or 
     maintenance area and received funds in fiscal year 2009 under 
     section 104(b)(2)(D), as in effect on the day before the date 
     of enactment of the MAP 21, above the amount of funds that 
     the State would have received based on the nonattainment and 
     maintenance area population of the State under subparagraphs 
     (B) and (C) of section 104(b)(2), as in effect on the day 
     before the date of enactment of the MAP 21, the State may use 
     for any project that is eligible under the transportation 
     mobility program under section 133 an amount of funds 
     apportioned to such State under section 104(b)(4) (excluding 
     the amount of funds reserved under subsection (l)) that is 
     equal to the product obtained by multiplying--
       ``(i) the amount apportioned to such State under section 
     104(b)(4) (excluding the amount of funds reserved under 
     subsection (l)); by
       ``(ii) the ratio calculated under paragraph (B).
       ``(B) Ratio.--For purposes of this paragraph, the ratio 
     shall be calculated as--
       ``(i) the amount for fiscal year 2009 such State was 
     permitted by section 149(c)(2), as in effect on the day 
     before the date of enactment of the MAP 21, to obligate in 
     any area of the State for projects eligible under section 
     133, as in effect on the day before the date of enactment of 
     the MAP 21; bears to
       ``(ii) the total apportionment to such State for fiscal 
     year 2009 under section 104(b)(2), as in effect on the day 
     before the date of enactment of the MAP 21.
       ``(3) Changes in designation.--If a new nonattainment area 
     is designated or a previously designated nonattainment area 
     is redesignated as an attainment area in a State under the 
     Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary shall 
     modify the amount such State is permitted to obligate in any 
     area of the State for projects eligible under section 133.
       ``(d) Applicability of Planning Requirements.--Programming 
     and expenditure of funds for projects under this section 
     shall be consistent with the requirements of sections 134 and 
     135.
       ``(e) Partnerships With Nongovernmental Entities.--
       ``(1) In general.--Notwithstanding any other provision of 
     this title and in accordance with this subsection, a 
     metropolitan planning organization, State transportation 
     department, or other project sponsor may enter into an 
     agreement with any public, private, or nonprofit entity to 
     cooperatively implement any project carried out with funds 
     apportioned under section 104(b)(4).
       ``(2) Forms of participation by entities.--Participation by 
     an entity under paragraph (1) may consist of--
       ``(A) ownership or operation of any land, facility, 
     vehicle, or other physical asset associated with the project;
       ``(B) cost sharing of any project expense;
       ``(C) carrying out of administration, construction 
     management, project management, project operation, or any 
     other management or operational duty associated with the 
     project; and
       ``(D) any other form of participation approved by the 
     Secretary.
       ``(3) Allocation to entities.--A State may allocate funds 
     apportioned under section 104(b)(4) to an entity described in 
     paragraph (1).
       ``(4) Alternative fuel projects.--In the case of a project 
     that will provide for the use of alternative fuels by 
     privately owned vehicles or vehicle fleets, activities 
     eligible for funding under this subsection--
       ``(A) may include the costs of vehicle refueling 
     infrastructure, including infrastructure that would support 
     the development, production, and use of emerging technologies 
     that reduce emissions of air pollutants from motor vehicles, 
     and other capital investments associated with the project;
       ``(B) shall include only the incremental cost of an 
     alternative fueled vehicle, as compared to a conventionally 
     fueled vehicle, that would otherwise be borne by a private 
     party; and
       ``(C) shall apply other governmental financial purchase 
     contributions in the calculation of net incremental cost.
       ``(5) Prohibition on federal participation with respect to 
     required activities.--A Federal participation payment under 
     this subsection may not be made to an entity to fund an 
     obligation imposed under the Clean Air Act (42 U.S.C. 7401 et 
     seq.) or any other Federal law.
       ``(f) Priority Consideration.--States and metropolitan 
     planning organizations shall give priority in areas 
     designated as nonattainment or maintenance for 
     PM2.5 under the Clean Air Act (42 U.S.C. 7401 et 
     seq.) in distributing funds received for congestion 
     mitigation and air quality projects and programs from 
     apportionments under section 104(b)(4) not required to be 
     reserved under subsection (l) to projects that are proven to 
     reduce PM2.5, including diesel retrofits.
       ``(g) Interagency Consultation.--The Secretary shall 
     encourage States and metropolitan planning organizations to 
     consult with State and local air quality agencies in 
     nonattainment and maintenance areas on the estimated emission 
     reductions from proposed congestion mitigation and air 
     quality improvement programs and projects.
       ``(h) Evaluation and Assessment of Projects.--
       ``(1) Database.--
       ``(A) In general.--Using appropriate assessments of 
     projects funded under the congestion mitigation and air 
     quality program and results from other research, the 
     Secretary shall maintain and disseminate a cumulative 
     database describing the impacts of the projects, including 
     specific information about each project, such as the project 
     name, location, sponsor, cost, and, to the extent already 
     measured by the project sponsor, cost-effectiveness, based on 
     reductions in congestion and emissions.
       ``(B) Availability.--The database shall be published or 
     otherwise made readily available by the Secretary in 
     electronically accessible format and means, such as the 
     Internet, for public review.
       ``(2) Cost effectiveness.--

[[Page S1228]]

       ``(A) In general.--The Secretary, in consultation with the 
     Administrator of the Environmental Protection Agency, shall 
     evaluate projects on a periodic basis and develop a table or 
     other similar medium that illustrates the cost-effectiveness 
     of a range of project types eligible for funding under this 
     section as to how the projects mitigate congestion and 
     improve air quality.
       ``(B) Contents.--The table described in subparagraph (A) 
     shall show measures of cost-effectiveness, such as dollars 
     per ton of emissions reduced, and assess those measures over 
     a variety of timeframes to capture impacts on the planning 
     timeframes outlined in section 134.
       ``(C) Use of table.--States and metropolitan planning 
     organizations shall consider the information in the table 
     when selecting projects or developing performance plans under 
     subsection (k).
       ``(i) Optional Programmatic Eligibility.--
       ``(1) In general.--At the discretion of a metropolitan 
     planning organization, a technical assessment of a selected 
     program of projects may be conducted through modeling or 
     other means to demonstrate the emissions reduction projection 
     required under this section.
       ``(2) Applicability.--If an assessment described in 
     paragraph (1) successfully demonstrates an emissions 
     reduction, all projects included in such assessment shall be 
     eligible for obligation under this section without further 
     demonstration of emissions reduction of individual projects 
     included in such assessment.
       ``(j) Suballocation to Nonattainment and Maintenance 
     Areas.--
       ``(1) In general.--An amount equal to 50 percent of the 
     amount of funds apportioned to each State under section 
     104(b)(4) (excluding the amount of funds reserved under 
     subsection (l)) shall be suballocated for projects within 
     each area designated as nonattainment or maintenance for the 
     pollutants described in subsection (b).
       ``(2) Distribution of funds.--The distribution within any 
     State of funds required to be suballocated under paragraph 
     (1) to each nonattainment or maintenance area shall be in 
     accordance with a formula developed by each State and 
     approved by the Secretary, which shall consider the 
     population of each such nonattainment or maintenance area and 
     shall be weighted by the severity of pollution in the manner 
     described in paragraph (6).
       ``(3) Project selection.--Projects under this subsection 
     shall be selected by a State and shall be consistent with the 
     requirements of sections 134 and 135.
       ``(4) Priority for use of suballocated funds in 
     pm2.5 areas.--
       ``(A) In general.--An amount equal to 50 percent of the 
     funds suballocated under paragraph (1) for a nonattainment or 
     maintenance area that are based all or in part on the 
     weighted population of such area in fine particulate matter 
     nonattainment shall be obligated to projects that reduce such 
     fine particulate matter emissions in such area, including 
     diesel retrofits.
       ``(B) Construction equipment.--An amount equal to 30 
     percent of the funds required to be set aside under 
     subparagraph (A) shall be obligated to carry out the 
     objectives of section 330.
       ``(C) Obligation process.--
       ``(i) In general.--Each State or metropolitan planning 
     organization required to obligate funds in accordance with 
     this paragraph shall develop a process to provide funding 
     directly to eligible entities (as defined under section 330) 
     in order to achieve the objectives of such section and ensure 
     that the bid proceeding and award of the contract for any 
     covered highway construction project carried out under that 
     section will be--

       ``(I) made without regard to the particulate matter 
     emission levels of the fleet of the eligible entity; and
       ``(II) consistent with existing requirements for full and 
     open competition under section 112.

       ``(ii) Obligation.--A State may obligate suballocated funds 
     designated under this paragraph without regard to any process 
     or other requirement established under this section.
       ``(5) Funds not suballocated.--Except as provided in 
     subsection (c), funds apportioned to a State under section 
     104(b)(4) (excluding the amount of funds reserved under 
     subsection (l)) and not suballocated under paragraph (1) 
     shall be made available to such State for programming in any 
     nonattainment or maintenance area in the State.
       ``(6) Factors for calculation of suballocation.--
       ``(A) In general.--For the purposes of paragraph (2), each 
     State shall weight the population of each such nonattainment 
     or maintenance area by a factor of--
       ``(i) 1.0 if, at the time of the apportionment, the area is 
     a maintenance area for ozone or carbon monoxide;
       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area under 
     subpart 2 of part D of title I of the Clean Air Act (42 
     U.S.C. 7511 et seq.);
       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     subpart 2 of part D of title I of the Clean Air Act (42 
     U.S.C. 7511 et seq.);
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     subpart 2 of part D of title I of the Clean Air Act (42 
     U.S.C. 7511 et seq.);
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under subpart 
     2 of part D of title I of the Clean Air Act (42 U.S.C. 7511 
     et seq.);
       ``(vi) 1.5 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     subpart 2 of part D of title I of the Clean Air Act (42 
     U.S.C. 7511 et seq.);
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area for ozone as 
     described in section 149(b), but is designated under section 
     107 of the Clean Air Act (42 U.S.C. 7407) as a nonattainment 
     area for carbon monoxide;
       ``(viii) 1.0 if, at the time of the apportionment, the area 
     is designated as nonattainment for ozone under section 107 of 
     the Clean Air Act (42 U.S.C. 7407); or
       ``(ix) 1.2 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is designated as a 
     nonattainment or maintenance area for fine particulate 
     matter, 2.5 micrometers or less, under section 107 of the 
     Clean Air Act (42 U.S.C. 7407).
       ``(B) Other factors.--If, in addition to being designated 
     as a nonattainment or maintenance area for ozone as described 
     in section 149(b), any county within the area was also 
     designated under section 107 of the Clean Air Act (42 U.S.C. 
     7407) as a nonattainment or maintenance area for carbon 
     monoxide, or was designated under section 107 of the Clean 
     Air Act (42 U.S.C. 7407) as a nonattainment or maintenance 
     area for particulate matter, 2.5 micrometers or less, or 
     both, the weighted nonattainment or maintenance area 
     population of the county, as determined under clauses (i) 
     through (vi), or clause (viii), of subparagraph (A), shall be 
     further multiplied by a factor of 1.2, or a second further 
     factor of 1.2 if the area is designated as a nonattainment or 
     maintenance area for both carbon monoxide and particulate 
     matter, 2.5 micrometers or less.
       ``(7) Exceptions for certain states.--
       ``(A) A State without a nonattainment or maintenance area 
     shall not be subject to the requirements of this subsection.
       ``(B) The amount of funds required to be set aside under 
     paragraph (1) in a State that received a minimum 
     apportionment for fiscal year 2009 under section 
     104(b)(2)(D), as in effect on the day before the date of 
     enactment of the MAP 21, shall be based on the amount of 
     funds such State would otherwise have been apportioned under 
     section 104(b)(4) (excluding the amount of funds reserved 
     under subsection (l)) but for the minimum apportionment in 
     fiscal year 2009.
       ``(k) Performance Plan.--
       ``(1) In general.--Each tier I metropolitan planning 
     organization (as defined in section 134) representing a 
     nonattainment or maintenance area shall develop a performance 
     plan that--
       ``(A) includes an area baseline level for traffic 
     congestion and on-road mobile source emissions for which the 
     area is in nonattainment or maintenance;
       ``(B) identifies air quality and traffic congestion target 
     levels based on measures established by the Secretary; and
       ``(C) includes a description of projects identified for 
     funding under this section and a description of how such 
     projects will contribute to achieving emission and traffic 
     congestion reduction targets.
       ``(2) Updated plans.--
       ``(A) In general.--Performance plans shall be updated on 
     the schedule required under paragraph (3).
       ``(B) Contents.--An updated plan shall include a separate 
     report that assesses the progress of the program of projects 
     under the previous plan in achieving the air quality and 
     traffic congestion targets of the previous plan.
       ``(3) Rulemaking.--Not later than 18 months after the date 
     of enactment of the MAP 21, the Secretary shall promulgate 
     regulations to implement this subsection that identify 
     performance measures for traffic congestion and on-road 
     mobile source emissions, timelines for performance plans, and 
     requirements under this section for assessing the 
     implementation of projects carried out under this section.
       ``(l) Additional Activities.--
       ``(1) Reservation of funds.--Of the funds apportioned to a 
     State under section 104(b)(4), a State shall reserve the 
     amount of funds attributable to the inclusion of the 10 
     percent of surface transportation program funds apportioned 
     to such State for fiscal year 2009 in the formula under 
     section 104(b)(4) for projects under this subsection.
       ``(2) Eligible projects.--A State may obligate the funds 
     reserved under this subsection for any of the following 
     projects or activities:
       ``(A) Transportation enhancements, as defined in section 
     101.
       ``(B) The recreational trails program under section 206.
       ``(C) The safe routes to school program under section 1404 
     of the SAFETEA-LU (23 U.S.C. 402 note; Public Law 109 59).
       ``(D) Planning, designing, or constructing boulevards and 
     other roadways largely in the right-of-way of former 
     Interstate System routes or other divided highways.
       ``(3) Allocations of funds.--
       ``(A) Calculation.--Of the funds reserved in a State under 
     this subsection--
       ``(i) 50 percent for a fiscal year shall be obligated under 
     this subsection to any eligible

[[Page S1229]]

     entity in proportion to their relative shares of the 
     population of the State--

       ``(I) in urbanized areas of the State with an urbanized 
     area population of over 200,000;
       ``(II) in areas of the State other than urban areas with a 
     population greater than 5,000; and
       ``(III) in other areas of the State; and

       ``(ii) 50 percent shall be obligated in any area of the 
     State.
       ``(B) Metropolitan areas.--Funds attributed to an urbanized 
     area under subparagraph (A)(i)(I) may be obligated in the 
     metropolitan area established under section 134 that 
     encompasses the urbanized area.
       ``(C) Distribution among urbanized areas of over 200,000 
     population.--
       ``(i) In general.--Except as provided in subparagraph 
     (A)(ii), the amount of funds that a State is required to 
     obligate under subparagraph (A)(i)(I) shall be obligated in 
     urbanized areas described in subparagraph (A)(i)(I) based on 
     the relative population of the areas.
       ``(ii) Other factors.--The State may obligate the funds 
     described in clause (i) based on other factors if the State 
     and the relevant metropolitan planning organizations jointly 
     apply to the Secretary for the permission to base the 
     obligation on other factors and the Secretary grants the 
     request.
       ``(D) Access to funds.--
       ``(i) In general.--Each State or metropolitan planning 
     organization required to obligate funds in accordance with 
     subparagraph (A) shall develop a competitive process to allow 
     eligible entities to submit projects for funding that achieve 
     the objectives of this subsection.
       ``(ii) Definition of eligible entity.--In this subsection, 
     the term `eligible entity' means--

       ``(I) a local government;
       ``(II) a regional transportation authority;
       ``(III) a transit agency;
       ``(IV) a natural resource or public land agency;
       ``(V) a school district, local education agency, or school; 
     and
       ``(VI) any other local or regional governmental entity with 
     responsibility for or oversight of transportation or 
     recreational trails (other than a tier I metropolitan 
     planning organization or a State agency) that the State 
     determines to be eligible, consistent with the goals of this 
     subsection.

       ``(E) Selection of projects.--Each tier I and tier II 
     metropolitan planning organization shall select projects 
     carried out within the boundaries of the applicable 
     metropolitan planning area, in consultation with the relevant 
     State, for funds reserved in a State under this subsection 
     and suballocated to the metropolitan planning area under 
     subparagraph (A)(i).
       ``(4) Flexibility of excess reserved funding.--Beginning in 
     the second fiscal year after the date of enactment of the MAP 
     21, if on August 1 of that fiscal year the unobligated 
     balance of available funds apportioned to a State under 
     section 104(b)(4) and reserved by a State under this 
     subsection exceeds 150 percent of such reserved amount in 
     such fiscal year, the State may thereafter obligate the 
     amount of excess funds for any activity--
       ``(A) that is eligible to receive funding under this 
     subsection; or
       ``(B) for which the Secretary has approved the obligation 
     of funds for any State under this section.
       ``(5) Provision of adequate data, modeling, and support.--
     In any case in which a State requests reasonable technical 
     support or otherwise requests data (including planning models 
     and other modeling), clarification, or guidance regarding the 
     content of any final rule or applicable regulation material 
     to State actions under this section, the Secretary and any 
     other agency shall provide that support, clarification, or 
     guidance in a timely manner.
       ``(6) Treatment of projects.--Notwithstanding any other 
     provision of law, projects funded under this subsection shall 
     be treated as projects on a Federal-aid highway under this 
     chapter.''.

     SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

       (a) In General.--Section 165 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec.  165. Territorial and Puerto Rico highway program

       ``(a) Division of Funds.--Of funds made available in a 
     fiscal year for the territorial and Puerto Rico highway 
     program--
       ``(1) 75 percent shall be for the Puerto Rico highway 
     program under subsection (b); and
       ``(2) 25 percent shall be for the territorial highway 
     program under subsection (c).
       ``(b) Puerto Rico Highway Program.--
       ``(1) In general.--The Secretary shall allocate funds made 
     available to carry out this subsection to the Commonwealth of 
     Puerto Rico to carry out a highway program in the 
     Commonwealth.
       ``(2) Treatment of funds.--Amounts made available to carry 
     out this subsection for a fiscal year shall be administered 
     as follows:
       ``(A) Apportionment.--
       ``(i) In general.--For the purpose of imposing any penalty 
     under this title or title 49, the amounts shall be treated as 
     being apportioned to Puerto Rico under sections 104(b) and 
     144 (as in effect for fiscal year 1997) for each program 
     funded under those sections in an amount determined by 
     multiplying--

       ``(I) the aggregate of the amounts for the fiscal year; by
       ``(II) the proportion that--

       ``(aa) the amount of funds apportioned to Puerto Rico for 
     each such program for fiscal year 1997; bears to
       ``(bb) the total amount of funds apportioned to Puerto Rico 
     for all such programs for fiscal year 1997.
       ``(ii) Exception.--Funds identified under clause (i) as 
     having been apportioned for the national highway system, the 
     surface transportation program, and the Interstate 
     maintenance program shall be deemed to have been apportioned 
     50 percent for the national highway performance program and 
     50 percent for the transportation mobility program for 
     purposes of imposing such penalties.
       ``(B) Penalty.--The amounts treated as being apportioned to 
     Puerto Rico under each section referred to in subparagraph 
     (A) shall be deemed to be required to be apportioned to 
     Puerto Rico under that section for purposes of the imposition 
     of any penalty under this title or title 49.
       ``(C) Eligible uses of funds.--Of amounts allocated to 
     Puerto Rico for the Puerto Rico Highway Program for a fiscal 
     year--
       ``(i) at least 50 percent shall be available only for 
     purposes eligible under section 119;
       ``(ii) at least 25 percent shall be available only for 
     purposes eligible under section 148; and
       ``(iii) any remaining funds may be obligated for activities 
     eligible under chapter 1.
       ``(3) Effect on apportionments.--Except as otherwise 
     specifically provided, Puerto Rico shall not be eligible to 
     receive funds apportioned to States under this title.
       ``(c) Territorial Highway Program.--
       ``(1) Territory defined.--In this subsection, the term 
     `territory' means any of the following territories of the 
     United States:
       ``(A) American Samoa.
       ``(B) The Commonwealth of the Northern Mariana Islands.
       ``(C) Guam.
       ``(D) The United States Virgin Islands.
       ``(2) Program.--
       ``(A) In general.--Recognizing the mutual benefits that 
     will accrue to the territories and the United States from the 
     improvement of highways in the territories, the Secretary may 
     carry out a program to assist each government of a territory 
     in the construction and improvement of a system of arterial 
     and collector highways, and necessary inter-island 
     connectors, that is--
       ``(i) designated by the Governor or chief executive officer 
     of each territory; and
       ``(ii) approved by the Secretary.
       ``(B) Federal share.--The Federal share of Federal 
     financial assistance provided to territories under this 
     subsection shall be in accordance with section 120(g).
       ``(3) Technical assistance.--
       ``(A) In general.--To continue a long-range highway 
     development program, the Secretary may provide technical 
     assistance to the governments of the territories to enable 
     the territories, on a continuing basis--
       ``(i) to engage in highway planning;
       ``(ii) to conduct environmental evaluations;
       ``(iii) to administer right-of-way acquisition and 
     relocation assistance programs; and
       ``(iv) to design, construct, operate, and maintain a system 
     of arterial and collector highways, including necessary 
     inter-island connectors.
       ``(B) Form and terms of assistance.--Technical assistance 
     provided under subparagraph (A), and the terms for the 
     sharing of information among territories receiving the 
     technical assistance, shall be included in the agreement 
     required by paragraph (5).
       ``(4) Nonapplicability of certain provisions.--
       ``(A) In general.--Except to the extent that provisions of 
     this chapter are determined by the Secretary to be 
     inconsistent with the needs of the territories and the intent 
     of this subsection, this chapter (other than provisions of 
     this chapter relating to the apportionment and allocation of 
     funds) shall apply to funds made available under this 
     subsection.
       ``(B) Applicable provisions.--The agreement required by 
     paragraph (5) for each territory shall identify the sections 
     of this chapter that are applicable to that territory and the 
     extent of the applicability of those sections.
       ``(5) Agreement.--
       ``(A) In general.--Except as provided in subparagraph (D), 
     none of the funds made available under this subsection shall 
     be available for obligation or expenditure with respect to 
     any territory until the chief executive officer of the 
     territory has entered into an agreement (including an 
     agreement entered into under section 215 as in effect on the 
     day before the enactment of this section) with the Secretary 
     providing that the government of the territory shall--
       ``(i) implement the program in accordance with applicable 
     provisions of this chapter and paragraph (4);
       ``(ii) design and construct a system of arterial and 
     collector highways, including necessary inter-island 
     connectors, in accordance with standards that are--

       ``(I) appropriate for each territory; and
       ``(II) approved by the Secretary;

       ``(iii) provide for the maintenance of facilities 
     constructed or operated under this subsection in a condition 
     to adequately serve the needs of present and future traffic; 
     and
       ``(iv) implement standards for traffic operations and 
     uniform traffic control devices that are approved by the 
     Secretary.

[[Page S1230]]

       ``(B) Technical assistance.--The agreement required by 
     subparagraph (A) shall--
       ``(i) specify the kind of technical assistance to be 
     provided under the program;
       ``(ii) include appropriate provisions regarding information 
     sharing among the territories; and
       ``(iii) delineate the oversight role and responsibilities 
     of the territories and the Secretary.
       ``(C) Review and revision of agreement.--The agreement 
     entered into under subparagraph (A) shall be reevaluated and, 
     as necessary, revised, at least every 2 years.
       ``(D) Existing agreements.--With respect to an agreement 
     under this subsection or an agreement entered into under 
     section 215 of this title as in effect on the day before the 
     date of enactment of this subsection--
       ``(i) the agreement shall continue in force until replaced 
     by an agreement entered into in accordance with subparagraph 
     (A); and
       ``(ii) amounts made available under this subsection under 
     the existing agreement shall be available for obligation or 
     expenditure so long as the agreement, or the existing 
     agreement entered into under subparagraph (A), is in effect.
       ``(6) Eligible uses of funds.--
       ``(A) In general.--Funds made available under this 
     subsection may be used only for the following projects and 
     activities carried out in a territory:
       ``(i) Eligible transportation mobility program projects 
     described in section 133(c).
       ``(ii) Cost-effective, preventive maintenance consistent 
     with section 116(d).
       ``(iii) Ferry boats, terminal facilities, and approaches, 
     in accordance with subsections (b) and (c) of section 129.
       ``(iv) Engineering and economic surveys and investigations 
     for the planning, and the financing, of future highway 
     programs.
       ``(v) Studies of the economy, safety, and convenience of 
     highway use.
       ``(vi) The regulation and equitable taxation of highway 
     use.
       ``(vii) Such research and development as are necessary in 
     connection with the planning, design, and maintenance of the 
     highway system.
       ``(B) Prohibition on use of funds for routine 
     maintenance.--None of the funds made available under this 
     subsection shall be obligated or expended for routine 
     maintenance.
       ``(7) Location of projects.--Territorial highway program 
     projects (other than those described in paragraphs (2), (4), 
     (7), (8), (14), and (19) of section 133(c)) may not be 
     undertaken on roads functionally classified as local.''.
       (b) Conforming Amendments.--
       (1) Clerical amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 165 and inserting the following:

``165. Territorial and Puerto Rico highway program.''.
       (2) Obsolete text.--Section 215 of that title, and the item 
     relating to that section in the analysis for chapter 2, are 
     repealed.

     SEC. 1115. NATIONAL FREIGHT PROGRAM.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended by adding at the end the following:

     ``Sec.  167. National freight program

       ``(a) National Freight Program.--It is the policy of the 
     United States to improve the condition and performance of the 
     national freight network to ensure that the national freight 
     network provides the foundation for the United States to 
     compete in the global economy and achieve each goal described 
     in subsection (b).
       ``(b) Goals.--The goals of the national freight program 
     are--
       ``(1) to invest in infrastructure improvements and to 
     implement operational improvements that--
       ``(A) strengthen the contribution of the national freight 
     network to the economic competitiveness of the United States;
       ``(B) reduce congestion; and
       ``(C) increase productivity, particularly for domestic 
     industries and businesses that create high-value jobs;
       ``(2) to reduce the environmental impacts of freight 
     movement on the national freight network;
       ``(3) to improve the safety, security, and resilience of 
     freight transportation;
       ``(4) to improve the state of good repair of the national 
     freight network;
       ``(5) to use advanced technology to improve the safety and 
     efficiency of the national freight network;
       ``(6) to incorporate concepts of performance, innovation, 
     competition, and accountability into the operation and 
     maintenance of the national freight network; and
       ``(7) to improve the economic efficiency of the national 
     freight network.
       ``(c) Establishment of Program.--
       ``(1) In general.--The Secretary shall establish and 
     implement a national freight program in accordance with this 
     section to strategically direct Federal resources toward 
     improved system performance for efficient movement of freight 
     on highways, including national highway system freight 
     intermodal connectors and aerotropolis transportation 
     systems.
       ``(2) Network components.--The national freight network 
     shall consist of--
       ``(A) the primary freight network, as designated by the 
     Secretary under subsection (f) (referred to in this section 
     as the `primary freight network') as most critical to the 
     movement of freight;
       ``(B) the portions of the Interstate System not designated 
     as part of the primary freight network; and
       ``(C) critical rural freight corridors established under 
     subsection (g).
       ``(d) Use of Apportioned Funds.--
       ``(1) Projects on the national freight network.--At a 
     minimum, following designation of the primary freight network 
     under subsection (f), a State shall obligate funds 
     apportioned under section 104(b)(5) to improve the movement 
     of freight on the national freight network.
       ``(2) Location of projects.--A project carried out using 
     funds apportioned under paragraph (1) shall be located--
       ``(A) on the primary freight network as described under 
     subsection (f);
       ``(B) on a portion of the Interstate System not designated 
     as primary freight network;
       ``(C) on roads off of the Interstate System or primary 
     freight network, if that use of funds will provide--
       ``(i) a more significant improvement to freight movement on 
     the Interstate System or the primary freight network;
       ``(ii) critical freight access to the Interstate System or 
     the primary freight network; or
       ``(iii) mitigation of the congestion impacts from freight 
     movement;
       ``(D) on a national highway system freight intermodal 
     connector;
       ``(E) on critical rural freight corridors, as designated 
     under subsection (g) (except that not more than 20 percent of 
     the total anticipated apportionment of a State under section 
     104(b)(5) during fiscal years 2012 and 2013 may be used for 
     projects on critical rural freight corridors); or
       ``(F) within the boundaries of public and private 
     intermodal facilities, but shall only include surface 
     infrastructure necessary to facilitate direct intermodal 
     interchange, transfer, and access into and out of the 
     facility.
       ``(3) Primary freight network funding.--Beginning for each 
     fiscal year after the Secretary designates the primary 
     freight network, a State shall obligate from funds 
     apportioned under section 104(b)(5) for the primary freight 
     network the lesser of--
       ``(A) an amount equal to the product obtained by 
     multiplying--
       ``(i) an amount equal to 110 percent of the apportionment 
     of the State for the fiscal year under section 104(b)(5); and
       ``(ii) the proportion that--

       ``(I) the total designated primary freight network mileage 
     of the State; bears to
       ``(II) the sum of the designated primary freight network 
     mileage of the State and the total Interstate system mileage 
     of the State that is not designated as part of the primary 
     freight network; or

       ``(B) an amount equal to the total apportionment of the 
     State under section 104(b)(5).
       ``(e) Eligibility.--
       ``(1) Eligible projects.--To be eligible for funding under 
     this section, a project shall demonstrate the improvement 
     made by the project to the efficient movement of freight on 
     the national freight network.
       ``(2) Freight rail and maritime projects.--
       ``(A) In general.--A State may obligate an amount equal to 
     not more than 10 percent of the total apportionment to the 
     State under section 104(b)(5) over the period of fiscal years 
     2012 and 2013 for public or private freight rail or maritime 
     projects.
       ``(B) Eligibility.--For a State to be eligible to obligate 
     funds in the manner described in subparagraph (A), the 
     Secretary shall concur with the State that--
       ``(i) the project for which the State seeks to obligate 
     funds under this paragraph would make freight rail 
     improvements to enhance cross-border commerce within 5 miles 
     of the international border between the United States and 
     Canada or Mexico or make significant improvement to freight 
     movements on the national freight network; and
       ``(ii) the public benefit of the project--

       ``(I) exceeds the Federal investment; and
       ``(II) provides a better return than a highway project on a 
     segment of the primary freight network.

       ``(3) Eligible project costs.--A State may obligate funds 
     apportioned to the State under section 104(b)(5) for the 
     national freight program for any of the following costs of an 
     eligible project:
       ``(A) Development phase activities, including planning, 
     feasibility analysis, revenue forecasting, environmental 
     review, preliminary engineering and design work, and other 
     preconstruction activities.
       ``(B) Construction, reconstruction, rehabilitation, 
     acquisition of real property (including land relating to the 
     project and improvements to land), construction 
     contingencies, acquisition of equipment, and operational 
     improvements directly relating to improving system 
     performance, including but not limited to any segment of the 
     primary freight network that falls below the minimum level 
     established pursuant to section 119(f).
       ``(C) Intelligent transportation systems and other 
     technology to improve the flow of freight.
       ``(D) Efforts to reduce the environmental impacts of 
     freight movement on the national freight network.
       ``(E) Environmental mitigation.
       ``(F) Railway-highway grade separation.
       ``(G) Geometric improvements to interchanges and ramps.
       ``(H) Truck-only lanes.
       ``(I) Climbing and runaway truck lanes.
       ``(J) Adding or widening of shoulders.

[[Page S1231]]

       ``(K) Truck parking facilities eligible for funding under 
     section 1401 of the MAP 21.
       ``(L) Real-time traffic, truck parking, roadway condition, 
     and multimodal transportation information systems.
       ``(M) Electronic screening and credentialing systems for 
     vehicles, including weigh-in-motion truck inspection 
     technologies.
       ``(N) Traffic signal optimization including synchronized 
     and adaptive signals.
       ``(O) Work zone management and information systems.
       ``(P) Highway ramp metering.
       ``(Q) Electronic cargo and border security technologies 
     that improve truck freight movement.
       ``(R) Intelligent transportation systems that would 
     increase truck freight efficiencies inside the boundaries of 
     intermodal facilities.
       ``(S) Any other activities to improve the flow of freight 
     on the national freight network.
       ``(4) Other eligible costs.--In addition to eligible 
     project costs, a State may use funds apportioned under 
     section 104(b)(5) for--
       ``(A) carrying out diesel retrofit or alternative fuel 
     projects defined in section 149 for class 8 vehicles; or
       ``(B) the necessary costs of--
       ``(i) conducting analyses and data collection;
       ``(ii) developing and updating performance targets to carry 
     out this section; or
       ``(iii) reporting to the Secretary to comply with 
     subsection (i).
       ``(5) Eligible project costs prior to designation of the 
     primary freight network.--Prior to the date of designation of 
     the primary freight network, a State may obligate funds 
     apportioned to the State under section 104(b)(5) to improve 
     freight movement on the Interstate System for--
       ``(A) construction, reconstruction, resurfacing, 
     restoration, and rehabilitation of segments of the Interstate 
     System;
       ``(B) operational improvements for segments of the 
     Interstate System;
       ``(C) construction of, and operational improvements for, a 
     Federal-aid highway not on the Interstate System, and 
     construction of a transit project eligible for assistance 
     under chapter 53 of title 49, United States Code, if--
       ``(i) the highway or transit project is in the same 
     corridor as, and in proximity to a highway designated as a 
     part of, the Interstate System;
       ``(ii) the construction or improvements would improve the 
     level of service on the Interstate System described in 
     subparagraph (A) and improve freight traffic flow; and
       ``(iii) the construction or improvements are more cost-
     effective for freight movement than an improvement to the 
     Interstate System described in subparagraph (A);
       ``(D) highway safety improvements for segments of the 
     Interstate System;
       ``(E) transportation planning in accordance with sections 
     134 and 135;
       ``(F) the costs of conducting analysis and data collection 
     to comply with this section;
       ``(G) truck parking facilities eligible for funding under 
     section 1401 of the MAP 21;
       ``(H) infrastructure-based intelligent transportation 
     systems capital improvements;
       ``(I) environmental restoration and pollution abatement in 
     accordance with section 328; and
       ``(J) in accordance with all applicable Federal law 
     (including regulations), participation in natural habitat and 
     wetlands mitigation efforts relating to projects funded under 
     this title, which may include participation in natural 
     habitat and wetlands mitigation banks, contributions to 
     statewide and regional efforts to conserve, restore, enhance, 
     and create natural habitats and wetlands, and development of 
     statewide and regional natural habitat and wetlands 
     conservation and mitigation plans, including any such banks, 
     efforts, and plans developed in accordance with applicable 
     Federal law (including regulations), on the conditions that--
       ``(i) contributions to those mitigation efforts may--

       ``(I) take place concurrent with or in advance of project 
     construction; and
       ``(II) occur in advance of project construction only if the 
     efforts are consistent with all applicable requirements of 
     Federal law (including regulations) and State transportation 
     planning processes; and

       ``(ii) with respect to participation in a natural habitat 
     or wetland mitigation effort relating to a project funded 
     under this title that has an impact that occurs within the 
     service area of a mitigation bank, preference is given, to 
     the maximum extent practicable, to the use of the mitigation 
     bank if the bank contains sufficient available credits to 
     offset the impact and the bank is approved in accordance with 
     applicable Federal law (including regulations).
       ``(f) Designation of Primary Freight Network.--
       ``(1) Initial designation of primary freight network.--
       ``(A) Designation.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall designate a 
     primary freight network--
       ``(i) based on an inventory of national freight volume 
     conducted by the Administrator of the Federal Highway 
     Administration, in consultation with stakeholders, including 
     system users , transport providers, and States; and
       ``(ii) that shall be comprised of not more than 27,000 
     centerline miles of existing roadways that are most critical 
     to the movement of freight.
       ``(B) Factors for designation.--In designating the primary 
     freight network, the Secretary shall consider--
       ``(i) the origins and destinations of freight movement in 
     the United States;
       ``(ii) the total freight tonnage and value of freight moved 
     by all modes of transportation;
       ``(iii) the percentage of annual average daily truck 
     traffic in the annual average daily traffic on principal 
     arterials;
       ``(iv) the annual average daily truck traffic on principal 
     arterials;
       ``(v) land and maritime ports of entry;
       ``(vi) population centers; and
       ``(vii) network connectivity.
       ``(2) Additional miles on primary freight network.--In 
     addition to the miles initially designated under paragraph 
     (1), the Secretary may increase the number of miles 
     designated as part of the primary freight network by not more 
     than 3,000 additional centerline miles of roadways (which may 
     include existing or planned roads) critical to future 
     efficient movement of goods on the primary freight network.
       ``(3) Redesignation of primary freight network.--During 
     calendar year 2015 and every 10 years thereafter, using the 
     designation factors described in paragraph (1), the Secretary 
     shall redesignate the primary freight network (including 
     additional mileage described in subsection (f)(2)).
       ``(g) Critical Rural Freight Corridors.--A State may 
     designate a road within the borders of the State as a 
     critical rural freight corridor if the road--
       ``(1) is a rural principal arterial roadway and has a 
     minimum of 25 percent of the annual average daily traffic of 
     the road measured in passenger vehicle equivalent units from 
     trucks (FHWA vehicle class 8 to 13); or
       ``(2) connects the primary freight network, a roadway 
     described in paragraph (1), or Interstate System to 
     facilities that handle more than--
       ``(A) 50,000 20-foot equivalent units per year; or
       ``(B) 500,000 tons per year of bulk commodities.
       ``(h) National Freight Strategic Plan.--
       ``(1) Initial development of national freight strategic 
     plan.--Not later than 3 years after the date of enactment of 
     this section, the Secretary shall, in consultation with 
     appropriate public and private transportation stakeholders, 
     develop and post on the Department of Transportation public 
     website a national freight strategic plan that shall 
     include--
       ``(A) an assessment of the condition and performance of the 
     national freight network;
       ``(B) an identification of highway bottlenecks on the 
     national freight network that create significant freight 
     congestion problems, based on a quantitative methodology 
     developed by the Secretary, which shall, at a minimum, 
     include information from the Freight Analysis Network of the 
     Federal Highway Administration;
       ``(C) forecasts of freight volumes for the 20-year period 
     beginning in the year during which the plan is issued;
       ``(D) an identification of major trade gateways and 
     national freight corridors that connect major population 
     centers, trade gateways, and other major freight generators 
     for current and forecasted traffic and freight volumes, the 
     identification of which shall be revised, as appropriate, in 
     subsequent plans;
       ``(E) an assessment of statutory, regulatory, 
     technological, institutional, financial, and other barriers 
     to improved freight transportation performance (including 
     opportunities for overcoming the barriers);
       ``(F) best practices for improving the performance of the 
     national freight network;
       ``(G) best practices to mitigate the impacts of freight 
     movement on communities;
       ``(H) a process for addressing multistate projects and 
     encouraging jurisdictions to collaborate; and
       ``(I) strategies to improve maritime, freight rail, and 
     freight intermodal connectivity.
       ``(2) Updates to national freight strategic plan.--Not 
     later than 5 years after the date of completion of the first 
     national freight strategic plan under paragraph (1), and 
     every 5 years thereafter, the Secretary shall update and 
     repost on the Department of Transportation public website a 
     revised national freight strategic plan.
       ``(i) Freight Performance Targets.--
       ``(1) Rulemaking.--Not later than 2 years after the date of 
     enactment of this section, the Secretary, in consultation 
     with State departments of transportation and other 
     appropriate public and private transportation stakeholders, 
     shall publish a rulemaking that establishes performance 
     measures for freight movement on the primary freight network.
       ``(2) State targets and reporting.--Not later than 1 year 
     after the date on which the Secretary publishes the 
     rulemaking under paragraph (1), each State shall--
       ``(A) develop and periodically update State performance 
     targets for freight movement on the primary freight network--
       ``(i) in consultation with appropriate public and private 
     stakeholders; and
       ``(ii) using measures determined by the Secretary; and
       ``(B) for every 2-year period, submit to the Secretary a 
     report that contains a description of--
       ``(i) the progress of the State toward meeting the targets; 
     and

[[Page S1232]]

       ``(ii) the ways in which the State is addressing congestion 
     at freight bottlenecks within the State.
       ``(3) Compliance.--
       ``(A) Performance targets.--To obligate funding apportioned 
     under section 104(b)(5), each State shall develop performance 
     targets in accordance with paragraph (2).
       ``(B) Determination of secretary.--If the Secretary 
     determines that a State has not met or made significant 
     progress toward meeting the performance targets of the State 
     by the date that is 2 years after the date of establishment 
     of the performance targets, until the date on which the 
     Secretary determines that the State has met (or has made 
     significant progress towards meeting) the State performance 
     targets, the State shall submit to the Secretary, on a 
     biennial basis, a freight performance improvement plan that 
     includes--
       ``(i) an identification of significant freight system 
     trends, needs, and issues within the State;
       ``(ii) a description of the freight policies and strategies 
     that will guide the freight-related transportation 
     investments of the State;
       ``(iii) an inventory of freight bottlenecks within the 
     State and a description of the ways in which the State is 
     allocating funds to improve those bottlenecks; and
       ``(iv) a description of the actions the State will 
     undertake to meet the performance targets of the State.
       ``(j) Freight Transportation Conditions and Performance 
     Reports.--Not later than 2 years after the date of enactment 
     of this section, and biennially thereafter, the Secretary 
     shall prepare a report that contains a description of the 
     conditions and performance of the national freight network in 
     the United States.
       ``(k) Transportation Investment Data and Planning Tools.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall--
       ``(A) begin development of new tools and improvement of 
     existing tools or improve existing tools to support an 
     outcome-oriented, performance-based approach to evaluate 
     proposed freight-related and other transportation projects, 
     including--
       ``(i) methodologies for systematic analysis of benefits and 
     costs;
       ``(ii) tools for ensuring that the evaluation of freight-
     related and other transportation projects could consider 
     safety, economic competitiveness, environmental 
     sustainability, and system condition in the project selection 
     process; and
       ``(iii) other elements to assist in effective 
     transportation planning;
       ``(B) identify transportation-related model data elements 
     to support a broad range of evaluation methods and techniques 
     to assist in making transportation investment decisions; and
       ``(C) at a minimum, in consultation with other relevant 
     Federal agencies, consider any improvements to existing 
     freight flow data collection efforts that could reduce 
     identified freight data gaps and deficiencies and help 
     improve forecasts of freight transportation demand.
       ``(2) Consultation.--The Secretary shall consult with 
     Federal, State, and other stakeholders to develop, improve, 
     and implement the tools and collect the data in paragraph 
     (1).
       ``(l) Definition of Aerotropolis Transportation System.--
     For the purposes of this section, the term `aerotropolis 
     transportation system' means a planned and coordinated 
     multimodal freight and passenger transportation network that, 
     as determined by the Secretary, provides efficient, cost-
     effective, sustainable, and intermodal connectivity to a 
     defined region of economic significance centered around a 
     major airport.
       ``(m) Treatment of Projects.--Notwithstanding any other 
     provision of law, projects funded under this section shall be 
     treated as projects on a Federal-aid highway under this 
     chapter.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by adding at the end 
     the following:

``167. National freight program.''.

     SEC. 1116. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.

       (a) In General.--Chapter 2 of title 23, United States Code, 
     is amended by striking sections 201 through 204 and inserting 
     the following:

     ``Sec.  201. Federal lands and tribal transportation programs

       ``(a) Purpose.--Recognizing the need for all public Federal 
     and tribal transportation facilities to be treated under 
     uniform policies similar to the policies that apply to 
     Federal-aid highways and other public transportation 
     facilities, the Secretary of Transportation, in collaboration 
     with the Secretaries of the appropriate Federal land 
     management agencies, shall coordinate a uniform policy for 
     all public Federal and tribal transportation facilities that 
     shall apply to Federal lands transportation facilities, 
     tribal transportation facilities, and Federal lands access 
     transportation facilities.
       ``(b) Availability of Funds.--
       ``(1) Availability.--Funds authorized for the tribal 
     transportation program, the Federal lands transportation 
     program, and the Federal lands access program shall be 
     available for contract upon apportionment, or on October 1 of 
     the fiscal year for which the funds were authorized if no 
     apportionment is required.
       ``(2) Amount remaining.--Any amount remaining unexpended 
     for a period of 3 years after the close of the fiscal year 
     for which the funds were authorized shall lapse.
       ``(3) Obligations.--The Secretary of the department 
     responsible for the administration of funds under this 
     subsection may incur obligations, approve projects, and enter 
     into contracts under such authorizations, which shall be 
     considered to be contractual obligations of the United States 
     for the payment of the cost thereof, the funds of which shall 
     be considered to have been expended when obligated.
       ``(4) Expenditure.--
       ``(A) In general.--Any funds authorized for any fiscal year 
     after the date of enactment of this section under the Federal 
     lands transportation program, the Federal lands access 
     program, and the tribal transportation program shall be 
     considered to have been expended if a sum equal to the total 
     of the sums authorized for the fiscal year and previous 
     fiscal years have been obligated.
       ``(B) Credited funds.--Any funds described in subparagraph 
     (A) that are released by payment of final voucher or 
     modification of project authorizations shall be--
       ``(i) credited to the balance of unobligated 
     authorizations; and
       ``(ii) immediately available for expenditure.
       ``(5) Applicability.--This section shall not apply to funds 
     authorized before the date of enactment of this paragraph.
       ``(6) Contractual obligation.--
       ``(A) In general.--Notwithstanding any other provision of 
     law (including regulations), the authorization by the 
     Secretary, or the Secretary of the appropriate Federal land 
     management agency if the agency is the contracting office, of 
     engineering and related work for the development, design, and 
     acquisition associated with a construction project, whether 
     performed by contract or agreement authorized by law, or the 
     approval by the Secretary of plans, specifications, and 
     estimates for construction of a project, shall be considered 
     to constitute a contractual obligation of the Federal 
     Government to pay the total eligible cost of--
       ``(i) any project funded under this title; and
       ``(ii) any project funded pursuant to agreements authorized 
     by this title or any other title.
       ``(B) Effect.--Nothing in this paragraph--
       ``(i) affects the application of the Federal share 
     associated with the project being undertaken under this 
     section; or
       ``(ii) modifies the point of obligation associated with 
     Federal salaries and expenses.
       ``(7) Federal share.--
       ``(A) Tribal and federal lands transportation program.--The 
     Federal share of the cost of a project carried out under the 
     Federal lands transportation program or the tribal 
     transportation program shall be 100 percent.
       ``(B) Federal lands access program.--The Federal share of 
     the cost of a project carried out under the Federal lands 
     access program shall be determined in accordance with section 
     120.
       ``(c) Transportation Planning.--
       ``(1) Transportation planning procedures.--In consultation 
     with the Secretary of each appropriate Federal land 
     management agency, the Secretary shall implement 
     transportation planning procedures for Federal lands and 
     tribal transportation facilities that are consistent with the 
     planning processes required under sections 134 and 135.
       ``(2) Approval of transportation improvement program.--The 
     transportation improvement program developed as a part of the 
     transportation planning process under this section shall be 
     approved by the Secretary.
       ``(3) Inclusion in other plans.--Each regionally 
     significant tribal transportation program, Federal lands 
     transportation program, and Federal lands access program 
     project shall be--
       ``(A) developed in cooperation with State and metropolitan 
     planning organizations; and
       ``(B) included in appropriate tribal transportation program 
     plans, Federal lands transportation program plans, Federal 
     lands access program plans, State and metropolitan plans, and 
     transportation improvement programs.
       ``(4) Inclusion in state programs.--The approved tribal 
     transportation program, Federal lands transportation program, 
     and Federal lands access program transportation improvement 
     programs shall be included in appropriate State and 
     metropolitan planning organization plans and programs without 
     further action on the transportation improvement program.
       ``(5) Asset management.--The Secretary and the Secretary of 
     each appropriate Federal land management agency shall, to the 
     extent appropriate, implement safety, bridge, pavement, and 
     congestion management systems for facilities funded under the 
     tribal transportation program and the Federal lands 
     transportation program in support of asset management.
       ``(6) Data collection.--
       ``(A) Data collection.--The Secretaries of the appropriate 
     Federal land management agencies shall collect and report 
     data necessary to implement the Federal lands transportation 
     program, the Federal lands access program, and the tribal 
     transportation program, including--

[[Page S1233]]

       ``(i) inventory and condition information on Federal lands 
     transportation facilities and tribal transportation 
     facilities; and
       ``(ii) bridge inspection and inventory information on any 
     Federal bridge open to the public.
       ``(B) Standards.--The Secretary, in coordination with the 
     Secretaries of the appropriate Federal land management 
     agencies, shall define the collection and reporting data 
     standards.
       ``(7) Administrative expenses.--To implement the activities 
     described in this subsection, including direct support of 
     transportation planning activities among Federal land 
     management agencies, the Secretary may use not more than 5 
     percent for each fiscal year of the funds authorized for 
     programs under sections 203 and 204.
       ``(d) Reimbursable Agreements.--In carrying out work under 
     reimbursable agreements with any State, local, or tribal 
     government under this title, the Secretary--
       ``(1) may, without regard to any other provision of law 
     (including regulations), record obligations against accounts 
     receivable from the entity; and
       ``(2) shall credit amounts received from the entity to the 
     appropriate account, which shall occur not later than 90 days 
     after the date of the original request by the Secretary for 
     payment.
       ``(e) Transfers.--
       ``(1) In general.--To enable the efficient use of funds 
     made available for the Federal lands transportation program 
     and the Federal lands access program, the funds may be 
     transferred by the Secretary within and between each program 
     with the concurrence of, as appropriate--
       ``(A) the Secretary;
       ``(B) the affected Secretaries of the respective Federal 
     land management agencies;
       ``(C) State departments of transportation; and
       ``(D) local government agencies.
       ``(2) Credit.--The funds described in paragraph (1) shall 
     be credited back to the loaning entity with funds that are 
     currently available for obligation at the time of the credit.

     ``Sec.  202. Tribal transportation program

       ``(a) Use of Funds.--
       ``(1) In general.--Funds made available under the tribal 
     transportation program shall be used by the Secretary of 
     Transportation and the Secretary of the Interior to pay the 
     costs of--
       ``(A)(i) transportation planning, research, maintenance, 
     engineering, rehabilitation, restoration, construction, and 
     reconstruction of tribal transportation facilities;
       ``(ii) adjacent vehicular parking areas;
       ``(iii) interpretive signage;
       ``(iv) acquisition of necessary scenic easements and scenic 
     or historic sites;
       ``(v) provisions for pedestrians and bicycles;
       ``(vi) environmental mitigation in or adjacent to tribal 
     land--
       ``(I) to improve public safety and reduce vehicle-caused 
     wildlife mortality while maintaining habitat connectivity; 
     and
       ``(II) to mitigate the damage to wildlife, aquatic organism 
     passage, habitat, and ecosystem connectivity, including the 
     costs of constructing, maintaining, replacing, or removing 
     culverts and bridges, as appropriate;
       ``(vii) construction and reconstruction of roadside rest 
     areas, including sanitary and water facilities; and
       ``(viii) other appropriate public road facilities as 
     determined by the Secretary;
       ``(B) operation and maintenance of transit programs and 
     facilities that are located on, or provide access to, tribal 
     land, or are administered by a tribal government; and
       ``(C) any transportation project eligible for assistance 
     under this title that is located within, or that provides 
     access to, tribal land, or is associated with a tribal 
     government.
       ``(2) Contract.--In connection with an activity described 
     in paragraph (1), the Secretary and the Secretary of the 
     Interior may enter into a contract or other appropriate 
     agreement with respect to the activity with--
       ``(A) a State (including a political subdivision of a 
     State); or
       ``(B) an Indian tribe.
       ``(3) Indian labor.--Indian labor may be employed, in 
     accordance with such rules and regulations as may be 
     promulgated by the Secretary of the Interior, to carry out 
     any construction or other activity described in paragraph 
     (1).
       ``(4) Federal employment.--No maximum limitation on Federal 
     employment shall be applicable to the construction or 
     improvement of tribal transportation facilities.
       ``(5) Funds for construction and improvement.--All funds 
     made available for the construction and improvement of tribal 
     transportation facilities shall be administered in conformity 
     with regulations and agreements jointly approved by the 
     Secretary and the Secretary of the Interior.
       ``(6) Administrative expenses.--The Secretary of the 
     Interior may reserve amounts from administrative funds of the 
     Bureau of Indian Affairs that are associated with the tribal 
     transportation program to fund tribal technical assistance 
     centers under section 504(b).
       ``(7) Maintenance.--
       ``(A) Use of funds.--Notwithstanding any other provision of 
     this title, of the amount of funds allocated to an Indian 
     tribe from the tribal transportation program, for the purpose 
     of maintenance (excluding road sealing, which shall not be 
     subject to any limitation), the Secretary shall not use an 
     amount more than the greater of--
       ``(i) an amount equal to 25 percent; or
       ``(ii) $500,000.
       ``(B) Responsibility of bureau of indian affairs and 
     secretary of the interior.--
       ``(i) Bureau of indian affairs.--The Bureau of Indian 
     Affairs shall retain primary responsibility, including annual 
     funding request responsibility, for Bureau of Indian Affairs 
     road maintenance programs on Indian reservations.
       ``(ii) Secretary of the interior.--The Secretary of the 
     Interior shall ensure that funding made available under this 
     subsection for maintenance of tribal transportation 
     facilities for each fiscal year is supplementary to, and not 
     in lieu of, any obligation of funds by the Bureau of Indian 
     Affairs for road maintenance programs on Indian reservations.
       ``(C) Tribal-state road maintenance agreements.--
       ``(i) In general.--An Indian tribe and a State may enter 
     into a road maintenance agreement under which an Indian tribe 
     shall assume the responsibility of the State for--

       ``(I) tribal transportation facilities; and
       ``(II) roads providing access to tribal transportation 
     facilities.

       ``(ii) Requirements.--Agreements entered into under clause 
     (i) shall--

       ``(I) be negotiated between the State and the Indian tribe; 
     and
       ``(II) not require the approval of the Secretary.

       ``(8) Cooperation.--
       ``(A) In general.--The cooperation of States, counties, or 
     other local subdivisions may be accepted in construction and 
     improvement.
       ``(B) Funds received.--Any funds received from a State, 
     county, or local subdivision shall be credited to 
     appropriations available for the tribal transportation 
     program.
       ``(9) Competitive bidding.--
       ``(A) Construction.--
       ``(i) In general.--Subject to clause (ii) and subparagraph 
     (B), construction of each project shall be performed by 
     contract awarded by competitive bidding.
       ``(ii) Exception.--Clause (i) shall not apply if the 
     Secretary or the Secretary of the Interior affirmatively 
     finds that, under the circumstances relating to the project, 
     a different method is in the public interest.
       ``(B) Applicability.--Notwithstanding subparagraph (A), 
     section 23 of the Act of June 25, 1910 (25 U.S.C. 47) and 
     section 7(b) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450e(b)) shall apply to all funds 
     administered by the Secretary of the Interior that are 
     appropriated for the construction and improvement of tribal 
     transportation facilities.
       ``(b) Funds Distribution.--
       ``(1) National tribal transportation facility inventory.--
       ``(A) In general.--The Secretary of the Interior, in 
     cooperation with the Secretary, shall maintain a 
     comprehensive national inventory of tribal transportation 
     facilities that are eligible for assistance under the tribal 
     transportation program.
       ``(B) Transportation facilities included in the 
     inventory.--For purposes of identifying the tribal 
     transportation system and determining the relative 
     transportation needs among Indian tribes, the Secretary shall 
     include, at a minimum, transportation facilities that are 
     eligible for assistance under the tribal transportation 
     program that an Indian tribe has requested, including 
     facilities that--
       ``(i) were included in the Bureau of Indian Affairs system 
     inventory prior to October 1, 2004;
       ``(ii) are owned by an Indian tribal government;
       ``(iii) are owned by the Bureau of Indian Affairs;
       ``(iv) were constructed or reconstructed with funds from 
     the Highway Account of the Transportation Trust Fund under 
     the Indian reservation roads program since 1983;
       ``(v) are public roads or bridges within the exterior 
     boundary of Indian reservations, Alaska Native villages, and 
     other recognized Indian communities (including communities in 
     former Indian reservations in the State of Oklahoma) in which 
     the majority of residents are American Indians or Alaska 
     Natives;
       ``(vi) are public roads within or providing access to an 
     Indian reservation or Indian trust land or restricted Indian 
     land that is not subject to fee title alienation without the 
     approval of the Federal Government, or Indian or Alaska 
     Native villages, groups, or communities in which Indians and 
     Alaska Natives reside, whom the Secretary of the Interior has 
     determined are eligible for services generally available to 
     Indians under Federal laws specifically applicable to 
     Indians; or
       ``(vii) are primary access routes proposed by tribal 
     governments, including roads between villages, roads to 
     landfills, roads to drinking water sources, roads to natural 
     resources identified for economic development, and roads that 
     provide access to intermodal terminals, such as airports, 
     harbors, or boat landings.
       ``(C) Limitation on primary access routes.--For purposes of 
     this paragraph, a proposed primary access route is the 
     shortest practicable route connecting 2 points of the 
     proposed route.
       ``(D) Additional facilities.--Nothing in this paragraph 
     precludes the Secretary from including additional 
     transportation facilities

[[Page S1234]]

     that are eligible for funding under the tribal transportation 
     program in the inventory used for the national funding 
     allocation if such additional facilities are included in the 
     inventory in a uniform and consistent manner nationally.
       ``(E) Bridges.--All bridges in the inventory shall be 
     recorded in the national bridge inventory administered by the 
     Secretary under section 144.
       ``(2) Regulations.--Notwithstanding sections 563(a) and 
     565(a) of title 5, the Secretary of the Interior shall 
     maintain any regulations governing the tribal transportation 
     program.
       ``(3) Basis for funding formula.--
       ``(A) Basis.--
       ``(i) In general.--After making the set asides authorized 
     under subsections (c), (d), and (e) on October 1 of each 
     fiscal year, the Secretary shall distribute the remainder 
     authorized to be appropriated for the tribal transportation 
     program under this section among Indian tribes as follows:

       ``(I) For fiscal year 2012--

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

       ``(II) For fiscal year 2013 and thereafter, using tribal 
     shares as described in subparagraphs (B) and (C).

       ``(ii) Tribal high priority projects.--The High Priority 
     Projects program as included in the Tribal Transportation 
     Allocation Methodology of part 170 of title 25, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     the MAP 21), shall not continue in effect.
       ``(B) Tribal shares.--Tribal shares under this program 
     shall be determined using the national tribal transportation 
     facility inventory as calculated for fiscal year 2012, and 
     the most recent data on American Indian and Alaska Native 
     population within each Indian tribe's American Indian/Alaska 
     Native Reservation or Statistical Area, as computed under the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4101 et seq.), in the following manner:
       ``(i) 30 percent in the ratio that the total eligible lane 
     mileage in each tribe bears to the total eligible lane 
     mileage of all American Indians and Alaskan Natives. For the 
     purposes of this calculation--

       ``(I) eligible lane mileage shall be computed based on the 
     inventory described in paragraph (1), using only facilities 
     included in the inventory described in clause (i), (ii), or 
     (iii) of paragraph (1)(B); and
       ``(II) paved roads and gravel surfaced roads are deemed to 
     equal 2 lane miles per mile of inventory, and earth surfaced 
     roads and unimproved roads shall be deemed to equal 1 lane 
     mile per mile of inventory.

       ``(ii) 35 percent in the ratio that the total population in 
     each tribe bears to the total population of all American 
     Indians and Alaskan Natives.
       ``(iii) 35 percent shall be divided equally among each 
     Bureau of Indian Affairs region for distribution of tribal 
     shares as follows:

       ``(I) \1/4\ of 1 percent shall be distributed equally among 
     Indian tribes with populations of 1 to 25.
       ``(II) \3/4\ of 1 percent shall be distributed equally 
     among Indian tribes with populations of 26 to 100.
       ``(III) 3\3/4\ percent shall be distributed equally among 
     Indian tribes with populations of 101 to 1,000.
       ``(IV) 20 percent shall be distributed equally among Indian 
     tribes with populations of 1,001 to 10,000.
       ``(V) 74\3/4\ percent shall be distributed equally among 
     Indian tribes with populations of 10,001 to 60,000 where 3 or 
     more Indian tribes occupy this category in a single Bureau of 
     Indian Affairs region, and Bureau of Indian Affairs regions 
     containing less than 3 Indian tribes in this category shall 
     receive funding in accordance with subclause (IV) and clause 
     (iv).
       ``(VI) \1/2\ of 1 percent shall be distributed equally 
     among Indian tribes with populations of 60,001 or more.

       ``(iv) For a Bureau of Indian Affairs region that has no 
     Indian tribes meeting the population criteria under 1 or more 
     of subclauses (I) through (VI) of clause (iii), the region 
     shall redistribute any funds subject to such clause or 
     clauses among any such clauses for which the region has 
     Indian tribes meeting such criteria proportionally in 
     accordance with the percentages listed in such clauses until 
     such funds are completely distributed.
       ``(C) Tribal supplemental funding.--
       ``(i) Tribal supplemental funding amount.--Of funds made 
     available for each fiscal year for the tribal transportation 
     program, the Secretary shall set aside the following amount 
     for a tribal supplemental program:

       ``(I) If the amount made available for the tribal 
     transportation program is less than or equal to $275,000,000, 
     30 percent of such amount.
       ``(II) If the amount made available for the tribal 
     transportation program exceeds $275,000,000--

       ``(aa) $27,500,000; plus
       ``(bb) 12.5 percent of the amount made available for the 
     tribal transportation program in excess of $275,000,000.
       ``(ii) Tribal supplemental allocation.--The Secretary shall 
     distribute tribal supplemental funds as follows:

       ``(I) Distribution among regions.--Of the amounts set aside 
     under clause (i), the Secretary shall distribute to each 
     region of the Bureau of Indian Affairs a share of tribal 
     supplemental funds in proportion to the regional total of 
     tribal shares based on the cumulative tribal shares of all 
     Indian tribes within such region under subparagraph (B).
       ``(II) Distribution within a region.--Of the amount that a 
     region receives under subclause (I), the Secretary shall 
     distribute tribal supplemental funding among Indian tribes 
     within such region as follows:

       ``(aa) Tribal supplemental amounts.--The Secretary shall 
     determine--
       ``(AA) which such Indian tribes would be entitled under 
     subparagraph (A) to receive in a fiscal year less funding 
     than they would receive in fiscal year 2011 pursuant to the 
     Tribal Transportation Allocation Methodology described in 
     subpart C of part 170 of title 25, Code of Federal 
     Regulations (as in effect on the date of enactment of the MAP 
     21); and
       ``(BB) the combined amount that such Indian tribes would be 
     entitled to receive in fiscal year 2011 pursuant to such 
     Tribal Transportation Allocation Methodology in excess of the 
     amount that they would be entitled to receive in the fiscal 
     year under subparagraph (B); and
       ``(bb) Subject to subclause (III), distribute to each 
     Indian tribe that meets the criteria described in item 
     (aa)(AA) a share of funding under this subparagraph in 
     proportion to the share of the combined amount determined 
     under item (aa)(BB) attributable to such Indian tribe.

       ``(III) Ceiling.--An Indian tribe may not receive under 
     subclause (II) and based on its tribal share under 
     subparagraph (A) a combined amount that exceeds the amount 
     that such Indian tribe would be entitled to receive in fiscal 
     year 2011 pursuant to the Tribal Transportation Allocation 
     Methodology described in subpart C of part 170 of title 25, 
     Code of Federal Regulations (as in effect on the date of 
     enactment of the MAP 21).
       ``(IV) Other amounts.--If the amount made available for a 
     region under subclause (I) exceeds the amount distributed 
     among Indian tribes within that region under subclause (II), 
     the Secretary shall distribute the remainder of such region's 
     funding under such subclause among all Indian tribes in that 
     region in proportion to the combined amount that each such 
     Indian tribe received under subparagraph (A) and subclauses 
     (I), (II), and (III).

       ``(4) Transferred funds.--
       ``(A) In general.--Not later than 30 days after the date on 
     which funds are made available to the Secretary of the 
     Interior under this paragraph, the funds shall be distributed 
     to, and made available for immediate use by, eligible Indian 
     tribes, in accordance with the formula for distribution of 
     funds under the tribal transportation program.
       ``(B) Use of funds.--Notwithstanding any other provision of 
     this section, funds made available to Indian tribes for 
     tribal transportation facilities shall be expended on 
     projects identified in a transportation improvement program 
     approved by the Secretary.
       ``(5) Health and safety assurances.--Notwithstanding any 
     other provision of law, an Indian tribal government may 
     approve plans, specifications, and estimates and commence 
     road and bridge construction with funds made available from 
     the tribal transportation program through a contract or 
     agreement under Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.), if the Indian tribal 
     government--
       ``(A) provides assurances in the contract or agreement that 
     the construction will meet or exceed applicable health and 
     safety standards;
       ``(B) obtains the advance review of the plans and 
     specifications from a State-licensed civil engineer that has 
     certified that the plans and specifications meet or exceed 
     the applicable health and safety standards; and
       ``(C) provides a copy of the certification under 
     subparagraph (A) to the Deputy Assistant Secretary for Tribal 
     Government Affairs, Department of Transportation, or the 
     Assistant Secretary for Indian Affairs, Department of the 
     Interior, as appropriate.
       ``(6) Contracts and agreements with indian tribes.--
       ``(A) In general.--Notwithstanding any other provision of 
     law or any interagency agreement, program guideline, manual, 
     or policy directive, all funds made available through the 
     Secretary of the Interior under this chapter and section 
     125(e) for tribal transportation facilities to pay for the 
     costs of programs, services, functions, and activities, or 
     portions of programs, services, functions, or activities, 
     that are specifically or functionally related to the cost of 
     planning, research, engineering, and construction of any 
     tribal transportation facility shall be made available, upon 
     request of the Indian tribal government, to the Indian tribal 
     government for contracts and agreements for such planning, 
     research, engineering, and construction in accordance with 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450 et seq.).
       ``(B) Exclusion of agency participation.--All funds, 
     including contract support costs, for programs, functions, 
     services, or activities, or portions of programs, services, 
     functions, or activities, including supportive administrative 
     functions that are otherwise contractible to which 
     subparagraph (A) applies, shall be paid in accordance with 
     subparagraph (A), without regard to the organizational level 
     at which the Department of

[[Page S1235]]

     the Interior has previously carried out such programs, 
     functions, services, or activities.
       ``(7) Contracts and agreements with indian tribes.--
       ``(A) In general.--Notwithstanding any other provision of 
     law or any interagency agreement, program guideline, manual, 
     or policy directive, all funds made available through the 
     Secretary of the Interior to an Indian tribal government 
     under this chapter for a tribal transportation facility 
     program or project shall be made available, on the request of 
     the Indian tribal government, to the Indian tribal government 
     for use in carrying out, in accordance with the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.), contracts and agreements for the planning, research, 
     design, engineering, construction, and maintenance relating 
     to the program or project.
       ``(B) Exclusion of agency participation.--In accordance 
     with subparagraph (A), all funds, including contract support 
     costs, for a program or project to which subparagraph (A) 
     applies shall be paid to the Indian tribal government without 
     regard to the organizational level at which the Department of 
     the Interior has previously carried out, or the Department of 
     Transportation has previously carried out under the tribal 
     transportation program, the programs, functions, services, or 
     activities involved.
       ``(C) Consortia.--Two or more Indian tribes that are 
     otherwise eligible to participate in a program or project to 
     which this chapter applies may form a consortium to be 
     considered as a single Indian tribe for the purpose of 
     participating in the project under this section.
       ``(D) Secretary as signatory.--Notwithstanding any other 
     provision of law, the Secretary is authorized to enter into a 
     funding agreement with an Indian tribal government to carry 
     out a tribal transportation facility program or project under 
     subparagraph (A) that is located on an Indian reservation or 
     provides access to the reservation or a community of the 
     Indian tribe.
       ``(E) Funding.--The amount an Indian tribal government 
     receives for a program or project under subparagraph (A) 
     shall equal the sum of the funding that the Indian tribal 
     government would otherwise receive for the program or project 
     in accordance with the funding formula established under this 
     subsection and such additional amounts as the Secretary 
     determines equal the amounts that would have been withheld 
     for the costs of the Bureau of Indian Affairs for 
     administration of the program or project.
       ``(F) Eligibility.--
       ``(i) In general.--Subject to clause (ii) and the approval 
     of the Secretary, funds may be made available under 
     subparagraph (A) to an Indian tribal government for a program 
     or project in a fiscal year only if the Indian tribal 
     government requesting such funds demonstrates to the 
     satisfaction of the Secretary financial stability and 
     financial management capability during the 3 fiscal years 
     immediately preceding the fiscal year for which the request 
     is being made.
       ``(ii) Considerations.--An Indian tribal government that 
     had no uncorrected significant and material audit exceptions 
     in the required annual audit of the contracts or self-
     governance funding agreements made by the Indian tribe with 
     any Federal agency under the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450 et seq.) during the 
     3-fiscal year period referred in clause (i) shall be 
     conclusive evidence of the financial stability and financial 
     management capability of the Indian tribe for purposes of 
     clause (i).
       ``(G) Assumption of functions and duties.--An Indian tribal 
     government receiving funding under subparagraph (A) for a 
     program or project shall assume all functions and duties that 
     the Secretary of the Interior would have performed with 
     respect to a program or project under this chapter, other 
     than those functions and duties that inherently cannot be 
     legally transferred under the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450 et seq.).
       ``(H) Powers.--An Indian tribal government receiving 
     funding under subparagraph (A) for a program or project shall 
     have all powers that the Secretary of the Interior would have 
     exercised in administering the funds transferred to the 
     Indian tribal government for such program or project under 
     this section if the funds had not been transferred, except to 
     the extent that such powers are powers that inherently cannot 
     be legally transferred under the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450 et seq.).
       ``(I) Dispute resolution.--In the event of a disagreement 
     between the Secretary or the Secretary of the Interior and an 
     Indian tribe over whether a particular function, duty, or 
     power may be lawfully transferred to the Indian tribe under 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.), the Indian tribe shall have the 
     right to pursue all alternative dispute resolution and appeal 
     procedures authorized by that Act, including regulations 
     issued to carry out the Act.
       ``(J) Termination of contract or agreement.--On the date of 
     the termination of a contract or agreement under this section 
     by an Indian tribal government, the Secretary shall transfer 
     all funds that would have been allocated to the Indian tribal 
     government under the contract or agreement to the Secretary 
     of the Interior to provide continued transportation services 
     in accordance with applicable law.
       ``(c) Planning.--
       ``(1) In general.--For each fiscal year, not more than 2 
     percent of the funds made available for the tribal 
     transportation program shall be allocated among Indian tribal 
     governments that apply for transportation planning pursuant 
     to the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.).
       ``(2) Requirement.--An Indian tribal government, in 
     cooperation with the Secretary of the Interior and, as 
     appropriate, with a State, local government, or metropolitan 
     planning organization, shall carry out a transportation 
     planning process in accordance with section 201(c).
       ``(3) Selection and approval of projects.--A project funded 
     under this section shall be--
       ``(A) selected by the Indian tribal government from the 
     transportation improvement program; and
       ``(B) subject to the approval of the Secretary of the 
     Interior and the Secretary.
       ``(d) Tribal Transportation Facility Bridges.--
       ``(1) Nationwide priority program.--The Secretary shall 
     maintain a nationwide priority program for improving 
     deficient bridges eligible for the tribal transportation 
     program.
       ``(2) Funding.--Before making any distribution under 
     subsection (b), the Secretary shall set aside not more than 2 
     percent of the funds made available under the tribal 
     transportation program for each fiscal year to be allocated--
       ``(A) to carry out any planning, design, engineering, 
     preconstruction, construction, and inspection of a project to 
     replace, rehabilitate, seismically retrofit, paint, apply 
     calcium magnesium acetate, sodium acetate/formate, or other 
     environmentally acceptable, minimally corrosive anti-icing 
     and deicing composition; or
       ``(B) to implement any countermeasure for deficient tribal 
     transportation facility bridges, including multiple-pipe 
     culverts.
       ``(3) Eligible bridges.--To be eligible to receive funding 
     under this subsection, a bridge described in paragraph (1) 
     shall--
       ``(A) have an opening of not less than 20 feet;
       ``(B) be classified as a tribal transportation facility; 
     and
       ``(C) be structurally deficient or functionally obsolete.
       ``(4) Approval requirement.--The Secretary may make funds 
     available under this subsection for preliminary engineering, 
     construction, and construction engineering activities after 
     approval of required documentation and verification of 
     eligibility in accordance with this title.
       ``(e) Safety.--
       ``(1) Funding.--Before making any distribution under 
     subsection (b), the Secretary shall set aside not more than 2 
     percent of the funds made available under the tribal 
     transportation program for each fiscal year to be allocated 
     based on an identification and analysis of highway safety 
     issues and opportunities on tribal land, as determined by the 
     Secretary, on application of the Indian tribal governments 
     for eligible projects described in section 148(a)(4).
       ``(2) Project selection.--An Indian tribal government, in 
     cooperation with the Secretary of the Interior and, as 
     appropriate, with a State, local government, or metropolitan 
     planning organization, shall select projects from the 
     transportation improvement program, subject to the approval 
     of the Secretary and the Secretary of the Interior.
       ``(f) Federal-aid Eligible Projects.--Before approving as a 
     project on a tribal transportation facility any project 
     eligible for funds apportioned under section 104 in a State, 
     the Secretary shall, for projects on tribal transportation 
     facilities, determine that the obligation of funds for the 
     project is supplementary to and not in lieu of the obligation 
     of a fair and equitable share of funds apportioned to the 
     State under section 104.

     ``Sec.  203. Federal lands transportation program

       ``(a) Use of Funds.--
       ``(1) In general.--Funds made available under the Federal 
     lands transportation program shall be used by the Secretary 
     of Transportation and the Secretary of the appropriate 
     Federal land management agency to pay the costs of--
       ``(A) program administration, transportation planning, 
     research, preventive maintenance, engineering, 
     rehabilitation, restoration, construction, and reconstruction 
     of Federal lands transportation facilities, and--
       ``(i) adjacent vehicular parking areas;
       ``(ii) acquisition of necessary scenic easements and scenic 
     or historic sites;
       ``(iii) provision for pedestrians and bicycles;
       ``(iv) environmental mitigation in or adjacent to Federal 
     land open to the public--

       ``(I) to improve public safety and reduce vehicle-caused 
     wildlife mortality while maintaining habitat connectivity; 
     and
       ``(II) to mitigate the damage to wildlife, aquatic organism 
     passage, habitat, and ecosystem connectivity, including the 
     costs of constructing, maintaining, replacing, or removing 
     culverts and bridges, as appropriate;

       ``(v) construction and reconstruction of roadside rest 
     areas, including sanitary and water facilities;
       ``(vi) congestion mitigation; and
       ``(vii) other appropriate public road facilities, as 
     determined by the Secretary;
       ``(B) operation and maintenance of transit facilities; and
       ``(C) any transportation project eligible for assistance 
     under this title that is on a public

[[Page S1236]]

     road within or adjacent to, or that provides access to, 
     Federal lands open to the public.
       ``(2) Contract.--In connection with an activity described 
     in paragraph (1), the Secretary and the Secretary of the 
     appropriate Federal land management agency may enter into a 
     contract or other appropriate agreement with respect to the 
     activity with--
       ``(A) a State (including a political subdivision of a 
     State); or
       ``(B) an Indian tribe.
       ``(3) Administration.--All appropriations for the 
     construction and improvement of Federal lands transportation 
     facilities shall be administered in conformity with 
     regulations and agreements jointly approved by the Secretary 
     and the Secretary of the appropriate Federal land managing 
     agency.
       ``(4) Cooperation.--
       ``(A) In general.--The cooperation of States, counties, or 
     other local subdivisions may be accepted in construction and 
     improvement.
       ``(B) Funds received.--Any funds received from a State, 
     county, or local subdivision shall be credited to 
     appropriations available for the class of Federal lands 
     transportation facilities to which the funds were 
     contributed.
       ``(5) Competitive bidding.--
       ``(A) In general.--Subject to subparagraph (B), 
     construction of each project shall be performed by contract 
     awarded by competitive bidding.
       ``(B) Exception.--Subparagraph (A) shall not apply if the 
     Secretary or the Secretary of the appropriate Federal land 
     management agency affirmatively finds that, under the 
     circumstances relating to the project, a different method is 
     in the public interest.
       ``(b) Agency Program Distributions.--
       ``(1) In general.--On October 1, 2011, and on October 1 of 
     each fiscal year thereafter, the Secretary shall allocate the 
     sums authorized to be appropriated for the fiscal year for 
     the Federal lands transportation program on the basis of 
     applications of need, as determined by the Secretary--
       ``(A) in consultation with the Secretaries of the 
     applicable Federal land management agencies; and
       ``(B) in coordination with the transportation plans 
     required under section 201 of the respective transportation 
     systems of--
       ``(i) the National Park Service;
       ``(ii) the Forest Service;
       ``(iii) the United States Fish and Wildlife Service;
       ``(iv) the Corps of Engineers; and
       ``(v) the Bureau of Land Management.
       ``(2) Applications.--
       ``(A) Requirements.--Each application submitted by a 
     Federal land management agency shall include proposed 
     programs at various potential funding levels, as defined by 
     the Secretary following collaborative discussions with 
     applicable Federal land management agencies.
       ``(B) Consideration by secretary.--In evaluating an 
     application submitted under subparagraph (A), the Secretary 
     shall consider the extent to which the programs support--
       ``(i) the transportation goals of--

       ``(I) a state of good repair of transportation facilities;
       ``(II) a reduction of bridge deficiencies, and
       ``(III) an improvement of safety;

       ``(ii) high-use Federal recreational sites or Federal 
     economic generators; and
       ``(iii) the resource and asset management goals of the 
     Secretary of the respective Federal land management agency.
       ``(C) Permissive contents.--Applications may include 
     proposed programs the duration of which extend over a 
     multiple-year period to support long-term transportation 
     planning and resource management initiatives.
       ``(c) National Federal Lands Transportation Facility 
     Inventory.--
       ``(1) In general.--The Secretaries of the appropriate 
     Federal land management agencies, in cooperation with the 
     Secretary, shall maintain a comprehensive national inventory 
     of public Federal lands transportation facilities.
       ``(2) Transportation facilities included in the 
     inventories.--To identify the Federal lands transportation 
     system and determine the relative transportation needs among 
     Federal land management agencies, the inventories shall 
     include, at a minimum, facilities that--
       ``(A) provide access to high-use Federal recreation sites 
     or Federal economic generators, as determined by the 
     Secretary in coordination with the respective Secretaries of 
     the appropriate Federal land management agencies; and
       ``(B) are owned by 1 of the following agencies:
       ``(i) The National Park Service.
       ``(ii) The Forest Service.
       ``(iii) The United States Fish and Wildlife Service.
       ``(iv) The Bureau of Land Management.
       ``(v) The Corps of Engineers.
       ``(3) Availability.--The inventories shall be made 
     available to the Secretary.
       ``(4) Updates.--The Secretaries of the appropriate Federal 
     land management agencies shall update the inventories of the 
     appropriate Federal land management agencies, as determined 
     by the Secretary after collaborative discussions with the 
     Secretaries of the appropriate Federal land management 
     agencies.
       ``(5) Review.--A decision to add or remove a facility from 
     the inventory shall not be considered a Federal action for 
     purposes of review under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.).
       ``(d) Bicycle Safety.--The Secretary of the appropriate 
     Federal land management agency shall prohibit the use of 
     bicycles on each federally owned road that has a speed limit 
     of 30 miles per hour or greater and an adjacent paved path 
     for use by bicycles within 100 yards of the road.

     ``Sec.  204. Federal lands access program

       ``(a) Use of Funds.--
       ``(1) In general.--Funds made available under the Federal 
     lands access program shall be used by the Secretary of 
     Transportation and the Secretary of the appropriate Federal 
     land management agency to pay the cost of--
       ``(A) transportation planning, research, engineering, 
     preventive maintenance, rehabilitation, restoration, 
     construction, and reconstruction of Federal lands access 
     transportation facilities located on or adjacent to, or that 
     provide access to, Federal land, and--
       ``(i) adjacent vehicular parking areas;
       ``(ii) acquisition of necessary scenic easements and scenic 
     or historic sites;
       ``(iii) provisions for pedestrians and bicycles;
       ``(iv) environmental mitigation in or adjacent to Federal 
     land--

       ``(I) to improve public safety and reduce vehicle-caused 
     wildlife mortality while maintaining habitat connectivity; 
     and
       ``(II) to mitigate the damage to wildlife, aquatic organism 
     passage, habitat, and ecosystem connectivity, including the 
     costs of constructing, maintaining, replacing, or removing 
     culverts and bridges, as appropriate;

       ``(v) construction and reconstruction of roadside rest 
     areas, including sanitary and water facilities; and
       ``(vi) other appropriate public road facilities, as 
     determined by the Secretary;
       ``(B) operation and maintenance of transit facilities; and
       ``(C) any transportation project eligible for assistance 
     under this title that is within or adjacent to, or that 
     provides access to, Federal land.
       ``(2) Contract.--In connection with an activity described 
     in paragraph (1), the Secretary and the Secretary of the 
     appropriate Federal land management agency may enter into a 
     contract or other appropriate agreement with respect to the 
     activity with--
       ``(A) a State (including a political subdivision of a 
     State); or
       ``(B) an Indian tribe.
       ``(3) Administration.--All appropriations for the 
     construction and improvement of Federal lands access 
     transportation facilities shall be administered in conformity 
     with regulations and agreements approved by the Secretary.
       ``(4) Cooperation.--
       ``(A) In general.--The cooperation of States, counties, or 
     other local subdivisions may be accepted in construction and 
     improvement.
       ``(B) Funds received.--Any funds received from a State, 
     county, or local subdivision for a Federal lands access 
     transportation facility project shall be credited to 
     appropriations available under the Federal lands access 
     program.
       ``(5) Competitive bidding.--
       ``(A) In general.--Subject to subparagraph (B), 
     construction of each project shall be performed by contract 
     awarded by competitive bidding.
       ``(B) Exception.--Subparagraph (A) shall not apply if the 
     Secretary or the Secretary of the appropriate Federal land 
     management agency affirmatively finds that, under the 
     circumstances relating to the project, a different method is 
     in the public interest.
       ``(b) Program Distributions.--
       ``(1) In general.--Funding made available to carry out the 
     Federal lands access program shall be allocated among those 
     States that have Federal land, in accordance with the 
     following formula:
       ``(A) 80 percent of the available funding for use in those 
     States that contain at least 1 \1/2\ percent of the total 
     public land in the United States managed by the agencies 
     described in paragraph (2), to be distributed as follows:
       ``(i) 30 percent in the ratio that--

       ``(I) recreational visitation within each such State; bears 
     to
       ``(II) the recreational visitation within all such States.

       ``(ii) 5 percent in the ratio that--

       ``(I) the Federal land area within each such State; bears 
     to
       ``(II) the Federal land area in all such States.

       ``(iii) 55 percent in the ratio that--

       ``(I) the Federal public road miles within each such State; 
     bears to
       ``(II) the Federal public road miles in all such States.

       ``(iv) 10 percent in the ratio that--

       ``(I) the number of Federal public bridges within each such 
     State; bears to
       ``(II) the number of Federal public bridges in all such 
     States.

       ``(B) 20 percent of the available funding for use in those 
     States that do not contain at least 1 \1/2\ percent of the 
     total public land in the United States managed by the 
     agencies described in paragraph (2), to be distributed as 
     follows:
       ``(i) 30 percent in the ratio that--

       ``(I) recreational visitation within each such State; bears 
     to
       ``(II) the recreational visitation within all such States.

       ``(ii) 5 percent in the ratio that--

       ``(I) the Federal land area within each such State; bears 
     to
       ``(II) the Federal land area in all such States.

[[Page S1237]]

       ``(iii) 55 percent in the ratio that--

       ``(I) the Federal public road miles within each such State; 
     bears to
       ``(II) the Federal public road miles in all such States.

       ``(iv) 10 percent in the ratio that--

       ``(I) the number of Federal public bridges within each such 
     State; bears to
       ``(II) the number of Federal public bridges in all such 
     States.

       ``(2) Data source.--Data necessary to distribute funding 
     under paragraph (1) shall be provided by the following 
     Federal land management agencies:
       ``(A) The National Park Service.
       ``(B) The Forest Service.
       ``(C) The United States Fish and Wildlife Service.
       ``(D) The Bureau of Land Management.
       ``(E) The Corps of Engineers.
       ``(c) Programming Decisions Committee.--
       ``(1) In general.--Programming decisions shall be made 
     within each State by a committee comprised of--
       ``(A) a representative of the Federal Highway 
     Administration;
       ``(B) a representative of the State Department of 
     Transportation; and
       ``(C) a representative of any appropriate political 
     subdivision of the State.
       ``(2) Consultation requirement.--The committee described in 
     paragraph (1) shall consult with each applicable Federal 
     agency in each State before any joint discussion or final 
     programming decision.
       ``(3) Project preference.--In making a programming decision 
     under paragraph (1), the committee shall give preference to 
     projects that provide access to, are adjacent to, or are 
     located within high-use Federal recreation sites or Federal 
     economic generators, as identified by the Secretaries of the 
     appropriate Federal land management agencies.''.
       (b) Public Lands Development Roads and Trails.--Section 214 
     of title 23, United States Code, is repealed.
       (c) Conforming Amendments.--
       (1) Chapter 2 analysis.--The analysis for chapter 2 of 
     title 23, United States Code, is amended:
       (A) By striking the items relating to sections 201 through 
     204 and inserting the following:

``201. Federal lands and tribal transportation programs.
``202. Tribal transportation program.
``203. Federal lands transportation program.
``204. Federal lands access program.''.
       (B) By striking the item relating to section 214.
       (2) Definition.--Section 138(a) of title 23, United States 
     Code, is amended in the third sentence by striking ``park 
     road or parkway under section 204 of this title'' and 
     inserting ``Federal lands transportation facility''.
       (3) Rules, regulations, and recommendations.--Section 315 
     of title 23, United States Code, is amended by striking 
     ``204(f)'' and inserting ``202(a)(5), 203(a)(3),''.

     SEC. 1117. ALASKA HIGHWAY.

       Section 218 of title 23, United States Code, is amended to 
     read as follows:

     ``Sec.  218. Alaska Highway

       ``(a) Definition of Alaska Marine Highway System.--In this 
     section, the term `Alaska Marine Highway System' includes 
     each existing or planned transportation facility and 
     equipment in the State of Alaska relating to the ferry system 
     of the State, including the lease, purchase, or construction 
     of vessels, terminals, docks, floats, ramps, staging areas, 
     parking lots, bridges, and approaches thereto, and necessary 
     roads.
       ``(b) Authorization of Secretary.--
       ``(1) In general.--Recognizing the benefits that will 
     accrue to the State of Alaska and to the United States from 
     the reconstruction of the Alaska Highway from the Alaskan 
     border to Haines Junction in Canada and the Haines Cutoff 
     Highway from Haines Junction in Canada to Haines, the 
     Secretary is authorized, upon agreement with the State of 
     Alaska, to expend on such highway or the Alaska Marine 
     Highway System any Federal-aid highway funds apportioned to 
     the State of Alaska under this title to provide for necessary 
     reconstruction of such highway.
       ``(2) Limitation.--No expenditures shall be made for the 
     construction of the portion of the highways that are in 
     located in Canada until the date on which an agreement has 
     been reached by the Government of Canada and the Government 
     of the United States, which shall provide in part, that the 
     Canadian Government--
       ``(A) will provide, without participation of funds 
     authorized under this title, all necessary right-of-way for 
     the construction of the highways;
       ``(B) will not impose any highway toll, or permit any toll 
     to be charged for the use of the highways by vehicles or 
     persons;
       ``(C) will not levy or assess, directly or indirectly, any 
     fee, tax, or other charge for the use of the highways by 
     vehicles or persons from the United States that does not 
     apply equally to vehicles or persons of Canada;
       ``(D) will continue to grant reciprocal recognition of 
     vehicle registration and drivers' licenses in accordance with 
     agreements between the United States and Canada; and
       ``(E) will maintain the highways after the date of 
     completion of the highways in proper condition adequately to 
     serve the needs of present and future traffic.
       ``(c) Supervision of Secretary.--The survey and 
     construction work undertaken in Canada pursuant to this 
     section shall be under the general supervision of the 
     Secretary.''.

     SEC. 1118. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.

       (a) Establishment of Program.--The Secretary shall 
     establish a program in accordance with this section to 
     provide grants for projects of national and regional 
     significance.
       (b) Purpose of Program.--The purpose of the projects of 
     national and regional significance program shall be to fund 
     critical high-cost surface transportation infrastructure 
     projects that are difficult to complete with existing 
     Federal, State, local, and private funds and that will--
       (1) generate national and regional economic benefits and 
     increase global economic competitiveness;
       (2) reduce congestion and its impacts;
       (3) improve roadways vital to national energy security;
       (4) improve movement of freight and people; and
       (5) improve transportation safety.
       (c) Definitions.--In this section:
       (1) Eligible applicant.--The term ``eligible applicant'' 
     means a State department of transportation or a group of 
     State departments of transportation, a local government, a 
     tribal government or consortium of tribal governments, a 
     transit agency, a port authority, a metropolitan planning 
     organization, other political subdivisions of State or local 
     governments, or a multi-State or multi-jurisdictional group 
     of the aforementioned entities.
       (2) Eligible project.--The term ``eligible project'' means 
     a surface transportation project or a program of integrated 
     surface transportation projects closely related in the 
     function they perform that--
       (A) is a capital project or projects--
       (i) eligible for Federal financial assistance under title 
     23, United States Code, or under chapter 53 of title 49, 
     United States Code; or
       (ii) for surface transportation infrastructure to 
     facilitate intermodal interchange, transfer, and access into 
     and out of intermodal facilities, including ports; and
       (B) has eligible project costs that are reasonably 
     anticipated to equal or exceed the lesser of--
       (i) $500,000,000;
       (ii) for a project located in a single State, 30 percent of 
     the amount of Federal-aid highway funds apportioned for the 
     most recently completed fiscal year to the State; or
       (iii) for a project located in more than 1 State, 75 
     percent of the amount of Federal-aid highway funds 
     apportioned for the most recently completed fiscal year to 
     the State in which the project is located that has the 
     largest apportionment.
       (3) Eligible project costs.--The term ``eligible project 
     costs'' means the costs of--
       (A) development phase activities, including planning, 
     feasibility analysis, revenue forecasting, environmental 
     review, preliminary engineering and design work, and other 
     preconstruction activities;
       (B) construction, reconstruction, rehabilitation, and 
     acquisition of real property (including land related to the 
     project and improvements to land), environmental mitigation, 
     construction contingencies, acquisition of equipment directly 
     related to improving system performance, and operational 
     improvements; and
       (C) all financing costs, including subsidy costs under the 
     Transportation Infrastructure Finance and Innovation Act 
     program.
       (d) Solicitations and Applications.--
       (1) Grant solicitations.--The Secretary shall establish 
     criteria for project evaluation and conduct a transparent and 
     competitive national solicitation process to select projects 
     for funding to carry out the purposes of this section.
       (2) Applications.--
       (A) In general.--An eligible applicant seeking a grant 
     under this section for an eligible project shall submit an 
     application to the Secretary in such form and in accordance 
     with such requirements as the Secretary shall establish.
       (B) Contents.--An application under this subsection shall, 
     at a minimum, include data on current system performance and 
     estimated system improvements that will result from 
     completion of the eligible project, including projections for 
     2, 7, and 15 years after completion.
       (C) Resubmission of applications.--An eligible applicant 
     whose project is not selected by the Secretary may resubmit 
     an application in any subsequent solicitation.
       (e) Criteria for Project Evaluation and Selection.--
       (1) In general.--The Secretary may select a project only if 
     the Secretary determines that the project--
       (A) will significantly improve the performance of the 
     national surface transportation network, nationally or 
     regionally;
       (B) is based on the results of preliminary engineering;
       (C) cannot be readily and efficiently completed without 
     Federal support from this program;
       (D) is justified based on the ability of the project--
       (i) to generate national economic benefits that reasonably 
     exceed its costs, including increased access to jobs, labor, 
     and other critical economic inputs;
       (ii) to reduce long-term congestion, including impacts in 
     the State, region, and Nation, and increase speed, 
     reliability, and accessibility of the movement of people or 
     freight; and

[[Page S1238]]

       (iii) to improve transportation safety, including reducing 
     transportation accidents, and serious injuries and 
     fatalities; and
       (E) is supported by an acceptable degree of non-Federal 
     financial commitments, including evidence of stable and 
     dependable financing sources to construct, maintain, and 
     operate the infrastructure facility.
       (2) Additional considerations.--In evaluating a project 
     under this section, in addition to the criteria in paragraph 
     (1), the Secretary shall consider the extent to which the 
     project--
       (A) leverages Federal investment by encouraging non-Federal 
     contributions to the project, including contributions from 
     public-private partnerships;
       (B) is able to begin construction within 18 months of being 
     selected;
       (C) incorporates innovative project delivery and financing 
     where practical;
       (D) stimulates collaboration between States and among State 
     and local governments;
       (E) helps maintain or protect the environment;
       (F) improves roadways vital to national energy security;
       (G) uses innovative technologies, including intelligent 
     transportation systems, that enhance the efficiency of the 
     project; and
       (H) contributes to an equitable geographic distribution of 
     funds under this section and an appropriate balance in 
     addressing the needs of urban and rural communities.
       (f) Grant Requirements.--
       (1) In general.--A grant for a project under this section 
     shall be subject to the following requirements:
       (A) A qualifying highway project eligible for funding under 
     title 23, United States Code, or public transportation 
     project eligible under chapter 53 of title 49, United States 
     Code, shall comply with all applicable requirements of such 
     title or chapter except that, if the project contains 
     elements or activities that are not eligible for funding 
     under such title or chapter but are eligible for funding 
     under this section, the elements or activities shall comply 
     with the requirements described in subparagraph (B).
       (B) A qualifying surface transportation project not 
     eligible under title 23, United States Code, or chapter 53 of 
     title 49, United States Code, shall comply with the 
     requirements of subchapter IV of chapter 31 of title 40, 
     United States Code, section 10a-d of title 41, United States 
     Code, and such other terms, conditions, and requirements as 
     the Secretary determines are necessary and appropriate for 
     the type of project.
       (2) Determination of applicable modal requirements.--In the 
     event that a project has cross-modal components, the 
     Secretary shall have the discretion to designate the 
     requirements that shall apply to the project based on 
     predominant components.
       (3) Other terms and conditions.--The Secretary shall 
     require that all grants under this section be subject to all 
     terms, conditions, and requirements that the Secretary 
     decides are necessary or appropriate for purposes of this 
     section, including requirements for the disposition of net 
     increases in value of real property resulting from the 
     project assisted under this section.
       (g) Federal Share of Project Cost.--
       (1) In general.--If a project funded under this section is 
     to construct or improve a privately owned facility or would 
     primarily benefit a private entity, the Federal share shall 
     be the lesser of 50 percent of the total project cost or the 
     quantified public benefit of the project. For all other 
     projects funded under this section--
       (A) the Federal share of funds under this section shall be 
     up to 50 percent of the project cost; and
       (B) the project sponsor may use other eligible Federal 
     transportation funds to cover up to an additional 30 percent 
     of the project costs.
       (2) Pre-approval costs.--The Secretary may allow costs 
     incurred prior to project approval to be used as a credit 
     toward the non-Federal share of the cost of the project. Such 
     costs must be adequately documented, necessary, reasonable, 
     and allocable to the current phase of the project and such 
     costs may not be included as a cost or used to meet cost-
     sharing or matching requirements of any other federally-
     financed project.
       (h) Report to the Secretary.--For each project funded under 
     this section, the project sponsor shall reassess system 
     performance and report to the Secretary 2, 7, and 15 years 
     after completion of the project to assess if the project 
     outcomes have met pre-construction projections.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, to remain 
     available until expended, $1,000,000,000 for fiscal year 
     2013.
       (j) Treatment of Projects.--Notwithstanding any other 
     provision of law, projects funded under this section shall be 
     treated as projects on a Federal-aid highway under chapter 1 
     of title 23, United States Code.
       (k) Reports.--
       (1) Secretary.--
       (A) In general.--Not later than 30 days after the date on 
     which the Secretary selects a project for funding under this 
     section, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report that describes the reasons for 
     selecting the project, based on the criteria described in 
     subsection (e).
       (B) Inclusions.--The report submitted under subparagraph 
     (A) shall specify each criteria described in subsection (e) 
     that the project meets.
       (C) Availability.--The Secretary shall make available on 
     the website of the Department the report submitted under 
     subparagraph (A).
       (2) Comptroller general.--
       (A) Assessment.--The Comptroller General of the United 
     States shall conduct an assessment of the establishment, 
     solicitation, selection, and justification process with 
     respect to the funding of projects under this section.
       (B) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report that describes--
       (i) the process by which each project was selected;
       (ii) the factors that went into the selection of each 
     project; and
       (iii) the justification for the selection of each project 
     based on the criteria described in subsection (e).
       (3) Inspector general.--
       (A) Assessment.--The Inspector General of the Department 
     shall conduct an assessment of the establishment, 
     solicitation, selection, and justification process with 
     respect to the funding of projects under this section.
       (B) Initial report.--Not later than 2 years after the date 
     of enactment of this Act, the Inspector General of the 
     Department shall submit to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report that describes the initial results 
     of the assessment conducted under subparagraph (A).
       (C) Final report.--Not later than 4 years after the date of 
     enactment of this Act, the Inspector General of the 
     Department shall submit to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a final report that describes the findings of 
     the Inspector General of the Department with respect to the 
     assessment conducted under subparagraph (A).
       (l) Regulations.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall promulgate final 
     regulations implementing the program authorized under this 
     section.
       (2) Interim provisions.--Until the date on which the 
     Secretary promulgates final regulations under paragraph (1), 
     any amounts made available under subsection (i) to carry out 
     this section shall be distributed in accordance with--
       (A) the guidance and policies developed for the 
     distribution of grants under the program using the notice of 
     funding availability entitled ``Notice of Funding 
     Availability for the Department of Transportation's National 
     Infrastructure Investments Under the Full-Year Continuing 
     Appropriations, 2012; and Request for Comments'' (77 Fed. 
     Reg. 4863 (January 31, 2012));or
       (B) such guidance and policies as subsequently revised and 
     updated.

                   Subtitle B--Performance Management

     SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.

       Section 134 of title 23, United States Code, is amended to 
     read as follows:

     ``Sec.  134. Metropolitan transportation planning

       ``(a) Policy.--It is in the national interest--
       ``(1) to encourage and promote the safe, cost-effective, 
     and efficient management, operation, and development of 
     surface transportation systems that will serve efficiently 
     the mobility needs of individuals and freight, reduce 
     transportation-related fatalities and serious injuries, and 
     foster economic growth and development within and between 
     States and urbanized areas, while fitting the needs and 
     complexity of individual communities, maximizing value for 
     taxpayers, leveraging cooperative investments, and minimizing 
     transportation-related fuel consumption and air pollution 
     through the metropolitan and statewide transportation 
     planning processes identified in this title;
       ``(2) to encourage the continued improvement, evolution, 
     and coordination of the metropolitan and statewide 
     transportation planning processes by and among metropolitan 
     planning organizations, State departments of transportation, 
     regional planning organizations, interstate partnerships, and 
     public transportation and intercity service operators as 
     guided by the planning factors identified in subsection (h) 
     of this section and section 135(d);
       ``(3) to encourage and promote transportation needs and 
     decisions that are integrated with other planning needs and 
     priorities; and
       ``(4) to maximize the effectiveness of transportation 
     investments.
       ``(b) Definitions.--In this section and section 135, the 
     following definitions shall apply:
       ``(1) Existing mpo.--The term `existing MPO' means a 
     metropolitan planning organization that was designated as a 
     metropolitan planning organization on the day before the date 
     of enactment of the MAP 21.
       ``(2) Local official.--The term `local official' means any 
     elected or appointed official

[[Page S1239]]

     of general purpose local government with responsibility for 
     transportation in a designated area.
       ``(3) Maintenance area.--The term `maintenance area' means 
     an area that was designated as an air quality nonattainment 
     area, but was later redesignated by the Administrator of the 
     Environmental Protection Agency as an air quality attainment 
     area, under section 107(d) of the Clean Air Act (42 U.S.C. 
     7407(d)).
       ``(4) Metropolitan planning area.--The term `metropolitan 
     planning area' means a geographical area determined by 
     agreement between the metropolitan planning organization for 
     the area and the applicable Governor under subsection (c).
       ``(5) Metropolitan planning organization.--The term 
     `metropolitan planning organization' means the policy board 
     of an organization established pursuant to subsection (c).
       ``(6) Metropolitan transportation plan.--The term 
     `metropolitan transportation plan' means a plan developed by 
     a metropolitan planning organization under subsection (i).
       ``(7) Nonattainment area.--The term `nonattainment area' 
     has the meaning given the term in section 171 of the Clean 
     Air Act (42 U.S.C. 7501).
       ``(8) Nonmetropolitan area.--
       ``(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--
       ``(i) 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
       ``(ii) 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 MAP-21; 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 an organization that--
       ``(A) is responsible for the planning, coordination, and 
     implementation of statewide transportation plans and programs 
     outside of a metropolitan area, with an emphasis on 
     addressing the needs of rural areas of the State; and
       ``(B) is not designated as a tier I or tier II metropolitan 
     planning organization or a nonmetropolitan 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 135(g).
       ``(13) Statewide transportation plan.--The term `statewide 
     transportation plan' means a plan developed by a State under 
     section 135(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 I 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 MAP-21, 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) Population of 200,000 or more.--A designation of an 
     existing MPO 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) Population of fewer than 200,000.--A designation of 
     an existing MPO 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) the Secretary determines 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.
       ``(C) Extension.--If the applicable Governor, acting on 
     behalf of a metropolitan planning organization for an 
     urbanized area with a population of less than 200,000 that 
     would otherwise be terminated under subparagraph (B), 
     requests a probationary continuation before the termination 
     of the metropolitan planning organization, the Secretary 
     shall--
       ``(i) delay the termination of the metropolitan planning 
     organization under subparagraph (B) for a period of 1 year; 
     and
       ``(ii) provide additional technical assistance to all 
     metropolitan planning organizations provided an extension 
     under this paragraph to assist the metropolitan planning 
     organization in meeting the minimum requirements under 
     subsection (e)(4)(B)(i).
       ``(D) Designation as tier ii mpo.--If the Secretary 
     determines that 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) Absence of designation.--
       ``(A) In general.--A metropolitan planning organization 
     that is the subject of a negative determination of the 
     Secretary under paragraph (5)(B)(ii) shall submit to the 
     State in which the metropolitan planning organization is 
     located, or to a planning organization designated by the 
     State, by not later than 180 days after the date on which a 
     notice of the negative determination is received, a 6-month 
     plan that includes a description of a method--
       ``(i) to transfer the responsibilities of the metropolitan 
     planning organization to the State; and
       ``(ii) to dissolve the metropolitan planning organization.
       ``(B) Action on dissolution.--On submission of a plan under 
     subparagraph (A), the

[[Page S1240]]

     metropolitan planning area served by the applicable 
     metropolitan planning organization shall--
       ``(i) continue to receive metropolitan transportation 
     planning funds until the earlier of--

       ``(I) the date of dissolution of the metropolitan planning 
     organization; and
       ``(II) the date that is 4 years after the date of enactment 
     of the MAP 21; and

       ``(ii) be treated by the State as a nonmetropolitan area 
     for purposes of this title.
       ``(8) Designation of multiple mpos.--
       ``(A) In general.--More than 1 metropolitan planning 
     organization may be designated within an existing 
     metropolitan planning area only if the applicable Governor 
     and an existing MPO determine that the size and complexity of 
     the existing metropolitan planning area make the designation 
     of more than 1 metropolitan planning organization for the 
     metropolitan planning area appropriate.
       ``(B) Service jurisdictions.--If more than 1 metropolitan 
     planning organization is designated for an existing 
     metropolitan planning area under subparagraph (A), the 
     existing metropolitan planning area shall be split into 
     multiple metropolitan planning areas, each of which shall be 
     served by the existing MPO or a new metropolitan planning 
     organization.
       ``(C) Tier designation.--The tier designation of each 
     metropolitan planning organization subject to a designation 
     under this paragraph shall be determined based on the size of 
     each respective metropolitan planning area, in accordance 
     with subsection (e)(4).
       ``(d) Metropolitan Planning Area Boundaries.--
       ``(1) In general.--For purposes of this section, the 
     boundaries of a metropolitan planning area shall be 
     determined by agreement between the applicable metropolitan 
     planning organization and the Governor of the State in which 
     the metropolitan planning area is located.
       ``(2) Included area.--Each metropolitan planning area--
       ``(A) shall encompass at least the relevant existing 
     urbanized area and any contiguous area expected to become 
     urbanized within a 20-year forecast period under the 
     applicable metropolitan transportation plan; and
       ``(B) may encompass the entire relevant metropolitan 
     statistical area, as defined by the Office of Management and 
     Budget.
       ``(3) Identification of new urbanized areas.--The 
     designation by the Bureau of the Census of a new urbanized 
     area within the boundaries of an existing metropolitan 
     planning area shall not require the redesignation of the 
     relevant existing MPO.
       ``(4) Nonattainment and maintenance areas.--
       ``(A) Existing metropolitan planning areas.--
       ``(i) In general.--Except as provided in clause (ii), 
     notwithstanding paragraph (2), in the case of an urbanized 
     area designated as a nonattainment area or maintenance area 
     as of the date of enactment of the MAP 21, the boundaries of 
     the existing metropolitan planning area as of that date of 
     enactment shall remain in force and effect.
       ``(ii) Exception.--Notwithstanding clause (i), the 
     boundaries of an existing metropolitan planning area 
     described in that clause may be adjusted by agreement of the 
     applicable Governor and the affected metropolitan planning 
     organizations in accordance with paragraph (1).
       ``(B) New metropolitan planning areas.--In the case of an 
     urbanized area designated as a nonattainment area or 
     maintenance area after the date of enactment of the MAP 21, 
     the boundaries of the applicable metropolitan planning area--
       ``(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 MAP 21, will fully implement the processes described 
     in subsections (h) though (j).
       ``(ii) Absence of designation.--In the absence of 
     designation as a tier I MPO under clause (i), a metropolitan 
     planning organization shall operate as a tier II MPO until 
     the date on which the Secretary determines the metropolitan 
     planning organization can meet the minimum technical 
     requirements under clause (iv).
       ``(iii) Redesignation as tier i.--A metropolitan planning 
     organization operating within a metropolitan planning area 
     with a population of 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 MAP 21, 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 MAP 21, 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 based on 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, adjacent, or geographically 
     linked 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

[[Page S1241]]

     relevant transportation studies concerning planning for 
     regional transportation (including high-speed and intercity 
     rail corridor studies, commuter rail corridor studies, 
     intermodal terminals, and interstate highways) in support of 
     freight, intercity, or multistate area projects and services 
     that have been developed pursuant to interstate compacts or 
     agreements, or by organizations established under section 
     135.
       ``(g) Engagement in Metropolitan Transportation Plan and 
     TIP Development.--
       ``(1) Nonattainment and maintenance areas.--If more than 1 
     metropolitan planning organization has authority within a 
     metropolitan area, nonattainment area, or maintenance area, 
     each metropolitan planning organization shall consult with 
     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 title or chapter 53 of title 49 is 
     located within the boundaries of more than 1 metropolitan 
     planning area, the affected metropolitan planning 
     organizations shall coordinate metropolitan transportation 
     plans and transportation improvement programs regarding the 
     project.
       ``(3) Coordination of adjacent planning organizations.--
       ``(A) In general.--A metropolitan planning organization 
     that is adjacent or located in reasonably close proximity to 
     another metropolitan planning organization shall coordinate 
     with that metropolitan planning organization with respect to 
     planning processes, including preparation of metropolitan 
     transportation plans and transportation improvement programs, 
     to the maximum extent practicable.
       ``(B) Nonmetropolitan planning organizations.--A 
     metropolitan planning organization that is adjacent or 
     located in reasonably close proximity to a nonmetropolitan 
     planning organization shall consult with that nonmetropolitan 
     planning organization with respect to planning processes, to 
     the maximum extent practicable.
       ``(4) Relationship with other planning officials.--
       ``(A) In general.--The Secretary shall encourage each 
     metropolitan planning organization to cooperate with Federal, 
     tribal, State, and local officers and entities responsible 
     for other types of planning activities that are affected by 
     transportation in the relevant area (including planned 
     growth, economic development, infrastructure services, 
     housing, other public services, nonmotorized users, 
     environmental protection, airport operations, high-speed and 
     intercity passenger rail, freight rail, port access, and 
     freight movements), to the maximum extent practicable, to 
     ensure that the metropolitan transportation planning process, 
     metropolitan transportation plans, and transportation 
     improvement programs are developed in cooperation with other 
     related planning activities in the area.
       ``(B) Inclusion.--Cooperation under subparagraph (A) shall 
     include the design and delivery of transportation services 
     within the metropolitan area that are provided by--
       ``(i) recipients of assistance under sections 202, 203, and 
     204;
       ``(ii) recipients of assistance under chapter 53 of title 
     49;
       ``(iii) government agencies and nonprofit organizations 
     (including representatives of the agencies and organizations) 
     that receive Federal assistance from a source other than the 
     Department of Transportation to provide nonemergency 
     transportation services; and
       ``(iv) sponsors of regionally significant programs, 
     projects, and services that are related to transportation and 
     receive assistance from any public or private source.
       ``(5) Coordination of other federally required planning 
     programs.--The Secretary shall encourage each metropolitan 
     planning organization to coordinate, to the maximum extent 
     practicable, the development of metropolitan transportation 
     plans and transportation improvement programs with other 
     relevant federally required planning programs.
       ``(h) Scope of Planning Process.--
       ``(1) In general.--The metropolitan transportation planning 
     process for a metropolitan planning area under this section 
     shall provide for consideration of projects and strategies 
     that will--
       ``(A) support the economic vitality of the metropolitan 
     area, especially by enabling global competitiveness, travel 
     and tourism (where applicable), productivity, and efficiency;
       ``(B) increase the safety of the transportation system for 
     motorized and nonmotorized users;
       ``(C) increase the security of the transportation system 
     for motorized and nonmotorized users;
       ``(D) increase the accessibility and mobility of 
     individuals and freight;
       ``(E) protect and enhance the environment, promote energy 
     conservation, improve the quality of life, and promote 
     consistency between transportation improvements and State and 
     local planned growth and economic development patterns;
       ``(F) enhance the integration and connectivity of the 
     transportation system, across and between modes, for 
     individuals and freight;
       ``(G) increase efficient system management and operation; 
     and
       ``(H) emphasize the preservation of the existing 
     transportation system.
       ``(2) Performance-based approach.--
       ``(A) In general.--The metropolitan transportation planning 
     process shall provide for the establishment and use of a 
     performance-based approach to transportation decisionmaking 
     to support the national goals described in section 150(b) of 
     this title and in section 5301(c) of title 49.
       ``(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) 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) of 
     title 49, for use in tracking attainment of critical outcomes 
     for the region of the metropolitan planning organization.
       ``(C) Timing.--Each metropolitan planning organization 
     shall establish 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 title, chapter 53 of title 49, subchapter II 
     of chapter 5 of title 5, or chapter 7 of title 5 in any 
     matter affecting a metropolitan transportation plan, a 
     transportation improvement program, a project or strategy, or 
     the certification of a planning process.
       ``(4) Participation by interested parties.--
       ``(A) In general.--Each metropolitan planning organization 
     shall provide to affected individuals, public agencies, and 
     other interested parties (including State representatives of 
     nonmotorized users) 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 interested parties 
     and local officials; and
       ``(ii) provides that interested parties and local officials 
     shall 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 (including State representatives of 
     nonmotorized users) 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

[[Page S1242]]

       ``(iv) make public information available in appropriate 
     electronically accessible formats and means, such as the 
     Internet, to afford reasonable opportunity for consideration 
     of public information under subparagraph (A).
       ``(i) Development of Metropolitan Transportation Plan.--
       ``(1) Development.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     not later than 5 years after the date of enactment of the MAP 
     21, and not less frequently than once every 5 years 
     thereafter, each metropolitan planning organization shall 
     prepare and update, respectively, a metropolitan 
     transportation plan for the relevant metropolitan planning 
     area in accordance with this section.
       ``(B) Exceptions.--A metropolitan planning organization 
     shall prepare or update, as appropriate, the metropolitan 
     transportation plan not less frequently than once every 4 
     years if the metropolitan planning organization is operating 
     within--
       ``(i) a nonattainment area; or
       ``(ii) a maintenance area.
       ``(2) Other requirements.--A metropolitan transportation 
     plan under this section shall--
       ``(A) be in a form that the Secretary determines to be 
     appropriate;
       ``(B) have a term of not less than 20 years; and
       ``(C) contain, at a minimum--
       ``(i) an identification of the existing transportation 
     infrastructure, including highways, local streets and roads, 
     bicycle and pedestrian facilities, 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 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 its community, 
     develop multiple scenarios for consideration as a part of the 
     development of the metropolitan transportation plan, in 
     accordance with subparagraph (B).
       ``(B) Components of scenarios.--The scenarios--
       ``(i) shall include potential regional investment 
     strategies for the planning horizon;
       ``(ii) shall include assumed distribution of population and 
     employment;
       ``(iii) may include a scenario that, to the maximum extent 
     practicable, maintains baseline conditions for the 
     performance measures identified in subsection (h)(2);
       ``(iv) may include a scenario that improves the baseline 
     conditions for as many of the performance measures identified 
     in subsection (h)(2) as possible;
       ``(v) shall be revenue constrained based on the total 
     revenues expected to be available over the forecast period of 
     the plan; and
       ``(vi) may include estimated costs and potential revenues 
     available to support each scenario.
       ``(C) Metrics.--In addition to the performance measures 
     identified in subsection (h)(2), scenarios developed under 
     this paragraph may be evaluated using locally-developed 
     metrics for the following categories:
       ``(i) Congestion and mobility, including transportation use 
     by mode.
       ``(ii) Freight movement.
       ``(iii) Safety.
       ``(iv) Efficiency and costs to taxpayers.
       ``(4) Financial plan.--A financial plan referred to in 
     paragraph (2)(C)(vii) shall--
       ``(A) be prepared by each metropolitan planning 
     organization to support the metropolitan transportation plan; 
     and
       ``(B) contain a description of each of the following:
       ``(i) Projected resource requirements for implementing 
     projects, strategies, and services recommended in the 
     metropolitan transportation plan, including existing and 
     projected system operating and maintenance needs, proposed 
     enhancement and expansions to the system, projected available 
     revenue from Federal, State, local, and private sources, and 
     innovative financing techniques to finance projects and 
     programs.
       ``(ii) The projected difference between costs and revenues, 
     and strategies for securing additional new revenue (such as 
     by capture of some of the economic value created by any new 
     investment).
       ``(iii) Estimates of future funds, to be developed 
     cooperatively by the metropolitan planning organization, any 
     public transportation agency, and the State, that are 
     reasonably expected to be available to support the investment 
     priorities recommended in the metropolitan transportation 
     plan.
       ``(iv) Each applicable project only if full funding can 
     reasonably be anticipated to be available for the project 
     within the time period contemplated for completion of the 
     project.
       ``(5) Coordination with clean air act agencies.--The 
     metropolitan planning organization for any metropolitan area 
     that is a nonattainment area or maintenance area shall 
     coordinate the development of a transportation plan with the 
     process for development of the transportation control 
     measures of the State implementation plan required by the 
     Clean Air Act (42 U.S.C. 7401 et seq.).
       ``(6) Publication.--On approval by the relevant 
     metropolitan planning organization, a metropolitan 
     transportation plan involving Federal participation shall be, 
     at such times and in such manner as the Secretary shall 
     require--
       ``(A) published or otherwise made readily available by the 
     metropolitan planning organization for public review, 
     including (to the maximum extent practicable) in 
     electronically accessible formats and means, such as the 
     Internet; and
       ``(B) submitted for informational purposes to the 
     applicable Governor.
       ``(7) Consultation.--
       ``(A) In general.--In each metropolitan area, the 
     metropolitan planning organization shall consult, as 
     appropriate, with Federal, tribal, State, and local agencies 
     responsible for land use management, natural resources, 
     environmental protection, conservation, and historic 
     preservation concerning the development of a metropolitan 
     transportation plan.
       ``(B) Issues.--The consultation under subparagraph (A) 
     shall involve, as available, consideration of--
       ``(i) metropolitan transportation plans with Federal, 
     tribal, State, and local conservation plans or maps; and
       ``(ii) inventories of natural or historic resources.
       ``(8) Selection of projects from illustrative list.--
     Notwithstanding paragraph (4), a State or metropolitan 
     planning organization shall not be required to select any 
     project from the illustrative list of additional projects 
     included in the metropolitan transportation plan under 
     paragraph (2)(C)(ix).
       ``(j) Transportation Improvement Program.--
       ``(1) Development.--

[[Page S1243]]

       ``(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 
     135; 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 targets described in 
     subsection (h)(2).
       ``(C) Performance target achievement.--The transportation 
     improvement program shall include, to the maximum extent 
     practicable, a description of the anticipated effect of the 
     transportation improvement program on attainment of the 
     performance targets established in the metropolitan 
     transportation plan, linking investment priorities to those 
     performance targets.
       ``(D) Illustrative list of projects.--In developing a 
     transportation improvement program, an optional illustrative 
     list of projects may be prepared containing additional 
     investment priorities that--
       ``(i) are not included in the transportation improvement 
     program; but
       ``(ii) would be so included if resources in addition to the 
     resources identified in the financial plan under paragraph 
     (3) were available.
       ``(3) Financial plan.--A financial plan referred to in 
     paragraph (2)(D)(ii) shall--
       ``(A) be prepared by each metropolitan planning 
     organization to support the transportation improvement 
     program; and
       ``(B) contain a description of each of the following:
       ``(i) Projected resource requirements for implementing 
     projects, strategies, and services recommended in the 
     transportation improvement program, including existing and 
     projected system operating and maintenance needs, proposed 
     enhancement and expansions to the system, projected available 
     revenue from Federal, State, local, and private sources, and 
     innovative financing techniques to finance projects and 
     programs.
       ``(ii) The projected difference between costs and revenues, 
     and strategies for securing additional new revenue (such as 
     by capture of some of the economic value created by any new 
     investment).
       ``(iii) Estimates of future funds, to be developed 
     cooperatively by the metropolitan planning organization, any 
     public transportation agency, and the State, that are 
     reasonably expected to be available to support the investment 
     priorities recommended in the transportation improvement 
     program.
       ``(iv) Each applicable project, only if full funding can 
     reasonably be anticipated to be available for the project 
     within the time period contemplated for completion of the 
     project.
       ``(4) Included projects.--
       ``(A) Projects under this title and chapter 53 of title 
     49.--A transportation improvement program developed under 
     this subsection for a metropolitan area shall include a 
     description of the projects within the area that are proposed 
     for funding under chapter 1 of this title and chapter 53 of 
     title 49.
       ``(B) Projects under chapter 2.--
       ``(i) Regionally significant.--Each regionally significant 
     project proposed for funding under chapter 2 shall be 
     identified individually in the transportation improvement 
     program.
       ``(ii) Nonregionally significant.--A description of each 
     project proposed for funding under chapter 2 that is not 
     determined to be regionally significant shall be contained in 
     1 line item or identified individually in the transportation 
     improvement program.
       ``(5) Opportunity for participation.--Before approving a 
     transportation improvement program, a metropolitan planning 
     organization, in cooperation with the State and any affected 
     public transportation operator, shall provide an opportunity 
     for participation by interested parties in the development of 
     the transportation improvement program, in accordance with 
     subsection (h)(4).
       ``(6) Selection of projects.--
       ``(A) In general.--Each tier I MPO and tier II MPO shall 
     select projects carried out within the boundaries of the 
     applicable metropolitan planning area from the transportation 
     improvement program, in consultation with the relevant State 
     and on concurrence of the affected facility owner, for funds 
     apportioned to the State under section 104(b)(2) and 
     suballocated to the metropolitan planning area under section 
     133(d).
       ``(B) Projects under chapter 53 of title 49.--In the case 
     of projects under chapter 53 of title 49, 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) CMAQ projects.--Each tier I MPO shall select projects 
     carried out within the boundaries of the applicable 
     metropolitan planning area from the transportation 
     improvement program, in consultation with the relevant State 
     and on concurrence of the affected facility owner, for funds 
     apportioned to the State under section 104(b)(4) and 
     suballocated to the metropolitan planning area under section 
     149(j).
       ``(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

[[Page S1244]]

     funds attributable to the metropolitan planning area of the 
     metropolitan planning organization for projects funded under 
     this title and chapter 53 of title 49.
       ``(B) Restoration of withheld funds.--Any funds withheld 
     under subparagraph (A) shall be restored to the metropolitan 
     planning area on the date of certification of the 
     metropolitan transportation planning process by the 
     Secretary.
       ``(5) Public involvement.--In making a determination 
     regarding certification under this subsection, the Secretary 
     shall provide for public involvement appropriate to the 
     metropolitan planning area under review.
       ``(m) Performance-based Planning Processes Evaluation.--
       ``(1) In general.--The Secretary shall establish criteria 
     to evaluate the effectiveness of the performance-based 
     planning processes of metropolitan planning organizations 
     under this section, taking into consideration the following:
       ``(A) The extent to which the metropolitan planning 
     organization has achieved, or is currently making substantial 
     progress toward achieving, the 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 MAP 21, the Secretary shall submit to 
     Congress a report evaluating--
       ``(i) the overall effectiveness of performance-based 
     planning as a tool for guiding transportation investments; 
     and
       ``(ii) the effectiveness of the performance-based planning 
     process of each metropolitan planning organization under this 
     section.
       ``(B) Publication.--The report under subparagraph (A) shall 
     be published or otherwise made available in electronically 
     accessible formats and means, including on the Internet.
       ``(n) Additional Requirements for Certain Nonattainment 
     Areas.--
       ``(1) In general.--Notwithstanding any other provision of 
     this title or chapter 53 of title 49, Federal funds may not 
     be advanced in any metropolitan planning area classified as a 
     nonattainment area or maintenance area for any highway 
     project that will result in a significant increase in the 
     carrying capacity for single-occupant vehicles, unless the 
     owner or operator of the project demonstrates that the 
     project will achieve or make substantial progress toward 
     achieving the 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 (c).
       ``(o) Effect of Section.--Nothing in this section provides 
     to any metropolitan planning organization the authority to 
     impose any legal requirement on any transportation facility, 
     provider, or project not subject to the requirements of this 
     title or chapter 53 of title 49.
       ``(p) Funding.--Funds apportioned under section 104(b)(6) 
     of this title and set aside under section 5305(g) of title 49 
     shall be available to carry out this section.
       ``(q) Continuation of Current Review Practice.--
       ``(1) In general.--In consideration of the factors 
     described in paragraph (2), any decision by the Secretary 
     concerning a metropolitan transportation plan or 
     transportation improvement program shall not be considered to 
     be a Federal action subject to review under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       ``(2) Description of factors.--The factors referred to in 
     paragraph (1) are that--
       ``(A) metropolitan transportation plans and transportation 
     improvement programs are subject to a reasonable opportunity 
     for public comment;
       ``(B) the projects included in metropolitan transportation 
     plans and transportation improvement programs are subject to 
     review under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.); and
       ``(C) decisions by the Secretary concerning metropolitan 
     transportation plans and transportation improvement programs 
     have not been reviewed under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) as of January 1, 
     1997.
       ``(r) Schedule for Implementation.--The Secretary shall 
     issue guidance on a schedule for implementation of the 
     changes made by this section, taking into consideration the 
     established planning update cycle for metropolitan planning 
     organizations. The Secretary shall not require a metropolitan 
     planning organization to deviate from its established 
     planning update cycle to implement changes made by this 
     section. Metropolitan planning organizations shall reflect 
     changes made to their transportation plan or transportation 
     improvement program updates by not later than 2 years after 
     the date of issuance of guidance by the Secretary.''.

     SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION 
                   PLANNING.

       (a) In General.--Section 135 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec.  135. Statewide and nonmetropolitan transportation 
       planning

       ``(a) Statewide Transportation Plans and STIPs.--
       ``(1) Development.--
       ``(A) In general.--To accomplish the policy objectives 
     described in section 134(a), each State shall develop a 
     statewide transportation plan and a statewide transportation 
     improvement program for all areas of the State in accordance 
     with this section.
       ``(B) Incorporation of metropolitan transportation plans 
     and tips.--Each State shall incorporate in the statewide 
     transportation plan and statewide transportation improvement 
     program, without change or by reference, the metropolitan 
     transportation plans and transportation improvement programs, 
     respectively, for each metropolitan planning area in the 
     State.
       ``(C) Nonmetropolitan areas.--Each State shall consult 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 134 for metropolitan areas of the State; and
       ``(ii) statewide trade and economic development planning 
     activities and related multistate planning efforts;
       ``(B) coordinate planning carried out under this section 
     with the transportation planning activities carried out by 
     each nonmetropolitan planning organization in the State, as 
     applicable;
       ``(C) consult on planning carried out under this section 
     with the transportation planning activities carried out by 
     each rural planning organization in the State, as applicable; 
     and
       ``(D) develop the transportation portion of the State 
     implementation plan as required by the Clean Air Act (42 
     U.S.C. 7401 et seq.).
       ``(2) Multistate areas.--
       ``(A) In general.--The Secretary shall encourage each 
     Governor with responsibility for a portion of a multistate 
     metropolitan planning area and the appropriate metropolitan 
     planning organizations to provide coordinated transportation 
     planning for the entire metropolitan area.
       ``(B) Coordination along designated transportation 
     corridors.--The Secretary shall encourage each Governor with 
     responsibility for a portion of a multistate transportation 
     corridor to provide coordinated transportation planning for 
     the entire designated corridor.
       ``(C) Interstate compacts.--For purposes of this section, 
     any 2 or more States--
       ``(i) may enter into compacts, agreements, or organizations 
     not in conflict with any Federal law for cooperative efforts 
     and mutual assistance in support of activities authorized 
     under this section, as the activities relate to interstate 
     areas and localities within the States;
       ``(ii) may establish such agencies (joint or otherwise) as 
     the States determine to be appropriate for ensuring the 
     effectiveness of the agreements and compacts; and
       ``(iii) are encouraged to enter into such compacts, 
     agreements, or organizations as are appropriate to develop 
     planning documents in support of intercity or multistate area 
     projects, facilities, and services, the relevant components 
     of which shall be reflected in statewide transportation 
     improvement programs and statewide transportation plans.
       ``(D) Reservation of rights.--The right to alter, amend, or 
     repeal any interstate compact or agreement entered into under 
     this subsection is expressly reserved.
       ``(c) Relationship With Other Planning Officials.--

[[Page S1245]]

       ``(1) In general.--The Secretary shall encourage each State 
     to cooperate with Federal, tribal, State, and local officers 
     and entities responsible for other types of planning 
     activities that are affected by transportation in the 
     relevant area (including planned growth, economic 
     development, infrastructure services, housing, other public 
     services, environmental protection, airport operations, high-
     speed and intercity passenger rail, freight rail, port 
     access, and freight movements), to the maximum extent 
     practicable, to ensure that the statewide and nonmetropolitan 
     planning process, statewide transportation plans, and 
     statewide transportation improvement programs are developed 
     with due consideration for other related planning activities 
     in the State.
       ``(2) Inclusion.--Cooperation under paragraph (1) shall 
     include the design and delivery of transportation services 
     within the State that are provided by--
       ``(A) recipients of assistance under sections 202, 203, and 
     204;
       ``(B) recipients of assistance under chapter 53 of title 
     49;
       ``(C) government agencies and nonprofit organizations 
     (including representatives of the agencies and organizations) 
     that receive Federal assistance from a source other than the 
     Department of Transportation to provide nonemergency 
     transportation services; and
       ``(D) sponsors of regionally significant programs, 
     projects, and services that are related to transportation and 
     receive assistance from any public or private source.
       ``(d) Scope of Planning Process.--
       ``(1) In general.--The statewide transportation planning 
     process for a State under this section shall provide for 
     consideration of projects, strategies, and services that 
     will--
       ``(A) support the economic vitality of the United States, 
     the State, nonmetropolitan areas, and metropolitan areas, 
     especially by enabling global competitiveness, travel and 
     tourism (where applicable), productivity, and efficiency;
       ``(B) increase the safety of the transportation system for 
     motorized and nonmotorized users;
       ``(C) increase the security of the transportation system 
     for motorized and nonmotorized users;
       ``(D) increase the accessibility and mobility of 
     individuals and freight;
       ``(E) protect and enhance the environment, promote energy 
     conservation, improve the quality of life, and promote 
     consistency between transportation improvements and State and 
     local planned growth and economic development patterns;
       ``(F) enhance the integration and connectivity of the 
     transportation system, across and between modes, for 
     individuals and freight;
       ``(G) increase efficient system management and operation; 
     and
       ``(H) emphasize the preservation of the existing 
     transportation system.
       ``(2) Performance-based approach.--
       ``(A) In general.--The statewide transportation planning 
     process shall provide for the establishment and use of a 
     performance-based approach to transportation decisionmaking 
     to support the national goals described in section 150(b) of 
     this title and section 5301(c) of title 49.
       ``(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) 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) of title 49 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 title, chapter 53 of title 49, subchapter II 
     of chapter 5 of title 5, or chapter 7 of title 5 in any 
     matter affecting a statewide transportation plan, a statewide 
     transportation improvement program, a project or strategy, or 
     the certification of a planning process.
       ``(4) Participation by interested parties.--
       ``(A) In general.--Each State shall provide to affected 
     individuals, public agencies, and other interested parties 
     notice and a reasonable opportunity to comment on the 
     statewide transportation plan and statewide transportation 
     improvement program.
       ``(B) Methods.--In carrying out subparagraph (A), the State 
     shall, to the maximum extent practicable--
       ``(i) develop the statewide transportation plan and 
     statewide transportation improvement program in consultation 
     with interested parties, as appropriate, including by the 
     formation of advisory groups representative of the State and 
     interested parties that participate in the development of the 
     statewide transportation plan and statewide transportation 
     improvement program;
       ``(ii) hold any public meetings at times and locations that 
     are, as applicable--

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

       ``(iii) employ visualization techniques to describe 
     statewide transportation plans and statewide transportation 
     improvement programs; and
       ``(iv) make public information available in appropriate 
     electronically accessible formats and means, such as the 
     Internet, to afford reasonable opportunity for consideration 
     of public information under subparagraph (A).
       ``(e) Coordination and Consultation.--
       ``(1) Metropolitan areas.--
       ``(A) In general.--Each State shall develop a statewide 
     transportation plan and statewide transportation improvement 
     program for each metropolitan area in the State by 
     incorporating, without change or by reference, at a minimum, 
     as prepared by each metropolitan planning organization 
     designated for the metropolitan area under section 134--
       ``(i) all regionally significant projects to be carried out 
     during the 10-year period beginning on the effective date of 
     the relevant existing metropolitan transportation plan; and
       ``(ii) all projects to be carried out during the 4-year 
     period beginning on the effective date of the relevant 
     transportation improvement program.
       ``(B) Projected costs.--Each metropolitan planning 
     organization shall provide to each applicable State a 
     description of the projected costs of implementing the 
     projects included in the metropolitan transportation plan of 
     the metropolitan planning organization for purposes of 
     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 consultation 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, 
     tribal, State, and local agencies responsible for land use 
     management, natural resources, infrastructure permitting, 
     environmental protection, conservation, and historic 
     preservation.
       ``(B) Comparison and consideration.--Consultation under 
     subparagraph (A) shall involve the comparison of statewide 
     transportation plans to, as available--
       ``(i) Federal, tribal, State, and local conservation plans 
     or maps; and
       ``(ii) inventories of natural or historic resources.
       ``(f) Statewide Transportation Plan.--
       ``(1) Development.--
       ``(A) In general.--Each State shall develop a statewide 
     transportation plan, the forecast period of which shall be 
     not less than 20 years for all areas of the State, that 
     provides for the development and implementation of the 
     intermodal transportation system of the State.
       ``(B) Initial period.--A statewide transportation plan 
     shall include, at a minimum, for the first 10-year period of 
     the statewide

[[Page S1246]]

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

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

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

       ``(I) the existing transportation infrastructure, including 
     an identification of highways, local streets and roads, 
     bicycle and pedestrian facilities, 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 each of the following:
       ``(i) Projected resource requirements during the 20-year 
     planning horizon for implementing projects, strategies, and 
     services recommended in the statewide transportation plan, 
     including existing and projected system operating and 
     maintenance needs, proposed enhancement and expansions to the 
     system, projected available revenue from Federal, State, 
     local, and private sources, and innovative financing 
     techniques to finance projects and programs.
       ``(ii) The projected difference between costs and revenues, 
     and strategies for securing additional new revenue (such as 
     by capture of some of the economic value created by any new 
     investment).
       ``(iii) Estimates of future funds, to be developed 
     cooperatively by the State, any public transportation agency, 
     and relevant metropolitan planning organizations, that are 
     reasonably expected to be available to support the investment 
     priorities recommended in the statewide transportation plan.
       ``(iv) Each applicable project, only if full funding can 
     reasonably be anticipated to be available for the project 
     within the time period contemplated for completion of the 
     project.
       ``(v) For the outer years period of the statewide 
     transportation plan, a description of the aggregate cost 
     ranges or bands, subject to the condition that any future 
     funding source shall be reasonably expected to be available 
     to support the projected cost ranges or bands.
       ``(3) Coordination with clean air act agencies.--For any 
     nonmetropolitan area that is a nonattainment area or 
     maintenance area, the State shall coordinate the development 
     of the statewide transportation plan with the process for 
     development of the transportation control measures of the 
     State implementation plan required by the Clean Air Act (42 
     U.S.C. 7401 et seq.).
       ``(4) Publication.--A statewide transportation plan 
     involving Federal and non-Federal participation programs, 
     projects, and strategies shall be published or otherwise made 
     readily available by the State for public review, including 
     (to the maximum extent practicable) in electronically 
     accessible formats and means, such as the Internet, in such 
     manner as the Secretary shall require.
       ``(5) Selection of projects from illustrative list.--
     Notwithstanding paragraph (2), a State shall not be required 
     to select any project from the illustrative list of 
     additional projects included in the statewide transportation 
     plan under paragraph (1)(D)(ii)(IX).
       ``(6) Use of policy plans.--Notwithstanding any other 
     provision of this section, a State that has in effect, as of 
     the date of enactment of the MAP-21, a statewide 
     transportation plan that follows a policy plan approach--
       ``(A) may, for 4 years after the date of enactment of the 
     MAP 21, continue to use a policy plan approach to the 
     statewide transportation plan; and
       ``(B) shall be subject to the requirements of this 
     subsection only to the extent that such requirements were 
     applicable under this section (as in effect on the day before 
     the date of enactment of the MAP-21).
       ``(g) Statewide Transportation Improvement Programs.--
       ``(1) Development.--
       ``(A) In general.--In consultation with nonmetropolitan 
     officials with responsibility for transportation and affected 
     public transportation operators, the State shall develop a 
     statewide transportation improvement program for the State 
     that--
       ``(i) includes projects consistent with the statewide 
     transportation plan;
       ``(ii) reflects the investment priorities established in 
     the statewide transportation plan; and
       ``(iii) once implemented, makes significant progress toward 
     achieving the 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 (including State representatives of nonmotorized 
     users) in the development of the statewide transportation 
     improvement program, in accordance with subsection (e).
       ``(C) Other requirements.--
       ``(i) In general.--A statewide transportation improvement 
     program shall--

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

       ``(ii) Incorporation of tips.--A statewide transportation 
     improvement program shall incorporate any relevant 
     transportation improvement program developed by a 
     metropolitan planning organization under section 134, without 
     change.
       ``(iii) Projects.--Each project included in a statewide 
     transportation improvement program shall be--

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

       ``(2) Contents.--
       ``(A) Priority list.--A statewide transportation 
     improvement program shall include a

[[Page S1247]]

     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 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 each of the following:
       ``(i) Projected resource requirements for implementing 
     projects, strategies, and services recommended in the 
     statewide transportation improvement program, including 
     existing and projected system operating and maintenance 
     needs, proposed enhancement and expansions to the system, 
     projected available revenue from Federal, State, local, and 
     private sources, and innovative financing techniques to 
     finance projects and programs.
       ``(ii) The projected difference between costs and revenues, 
     and strategies for securing additional new revenue (such as 
     by capture of some of the economic value created by any new 
     investment).
       ``(iii) Estimates of future funds, to be developed 
     cooperatively by the State and relevant metropolitan planning 
     organizations and public transportation agencies, that are 
     reasonably expected to be available to support the investment 
     priorities recommended in the statewide transportation 
     improvement program.
       ``(iv) Each applicable project, only if full funding can 
     reasonably be anticipated to be available for the project 
     within the time period contemplated for completion of the 
     project.
       ``(4) Included projects.--
       ``(A) Projects under this title and chapter 53 of title 
     49.--A statewide transportation improvement program developed 
     under this subsection for a State shall include the projects 
     within the State that are proposed for funding under chapter 
     1 of this title and chapter 53 of title 49.
       ``(B) Projects under chapter 2.--
       ``(i) Regionally significant.--Each regionally significant 
     project proposed for funding under chapter 2 shall be 
     identified individually in the statewide transportation 
     improvement program.
       ``(ii) Nonregionally significant.--A description of each 
     project proposed for funding under chapter 2 that is not 
     determined to be regionally significant shall be contained in 
     1 line item or identified individually in the statewide 
     transportation improvement program.
       ``(5) Publication.--
       ``(A) In general.--A statewide transportation improvement 
     program shall be published or otherwise made readily 
     available by the State for public review in electronically 
     accessible formats and means, such as the Internet.
       ``(B) Annual list of projects.--An annual list of projects, 
     including investments in pedestrian walkways, bicycle 
     transportation facilities, and intermodal facilities that 
     support intercity transportation, for which Federal funds 
     have been obligated during the preceding fiscal year shall be 
     published or otherwise made available by the cooperative 
     effort of the State, 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 on the National Highway System and other projects 
     carried out under this title or under sections 5310 and 5311 
     of title 49) by the State, in cooperation with the affected 
     nonmetropolitan planning organization, if any exists, and in 
     consultation with the affected nonmetropolitan area local 
     officials with responsibility for transportation.
       ``(7) Approval by secretary.--
       ``(A) In general.--Not less frequently than once every 4 
     years, a statewide transportation improvement program 
     developed under this subsection shall be reviewed and 
     approved by the Secretary, based on the current planning 
     finding of the Secretary under subparagraph (B).
       ``(B) Planning finding.--The Secretary shall make a 
     planning finding referred to in subparagraph (A) not less 
     frequently than once every 5 years regarding whether the 
     transportation planning process through which statewide 
     transportation plans and statewide transportation improvement 
     programs are developed is consistent with this section and 
     section 134.
       ``(8) Modifications to project priority.--Notwithstanding 
     any other provision of law, approval by the Secretary shall 
     not be required to carry out a project included in an 
     approved statewide transportation improvement program in 
     place of another project in the statewide transportation 
     improvement program.
       ``(h) Certification.--
       ``(1) In general.--The Secretary shall--
       ``(A) ensure that the statewide transportation planning 
     process of a State is being carried out in accordance with 
     applicable Federal law; and
       ``(B) subject to paragraph (2), certify, not less 
     frequently than once every 5 years, that the requirements of 
     subparagraph (A) are met with respect to the statewide 
     transportation planning process.
       ``(2) Requirements for certification.--The Secretary may 
     make a certification under paragraph (1)(B) if--
       ``(A) the statewide transportation planning process 
     complies with the requirements of this section and other 
     applicable Federal law; and
       ``(B) a statewide transportation improvement program for 
     the State has been approved by the Governor of the State.
       ``(3) Effect of failure to certify.--
       ``(A) Withholding of project funds.--If a statewide 
     transportation planning process of a State is not certified 
     under paragraph (1), the Secretary may withhold up to 20 
     percent of the funds attributable to the State for projects 
     funded under this title and chapter 53 of title 49.
       ``(B) Restoration of withheld funds.--Any funds withheld 
     under subparagraph (A) shall be restored to the State on the 
     date of certification of the statewide transportation 
     planning process by the Secretary.
       ``(4) Public involvement.--In making a determination 
     regarding certification under this subsection, the Secretary 
     shall provide for public involvement appropriate to the State 
     under review.
       ``(i) Performance-based Planning Processes Evaluation.--
       ``(1) In general.--The Secretary shall establish criteria 
     to evaluate the effectiveness of the performance-based 
     planning processes of States, taking into consideration the 
     following:
       ``(A) The extent to which the State has achieved, or is 
     currently making substantial progress toward achieving, the 
     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 MAP 21, the Secretary shall submit to 
     Congress a report evaluating--
       ``(i) the overall effectiveness of performance-based 
     planning as a tool for guiding transportation investments; 
     and
       ``(ii) the effectiveness of the performance-based planning 
     process of each State.
       ``(B) Publication.--The report under subparagraph (A) shall 
     be published or otherwise made available in electronically 
     accessible formats and means, including on the Internet.
       ``(j) Funding.--Funds apportioned under section 104(b)(6) 
     of this title and set aside under section 5305(g) of title 49 
     shall be available to carry out this section.
       ``(k) Continuation of Current Review Practice.--
       ``(1) In general.--In consideration of the factors 
     described in paragraph (2), any decision by the Secretary 
     concerning a statewide transportation plan or statewide 
     transportation improvement program shall not be considered to 
     be a Federal action subject to review under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       ``(2) Description of factors.--The factors referred to in 
     paragraph (1) are that--

[[Page S1248]]

       ``(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.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 135 and inserting the following:

``135. Statewide and nonmetropolitan transportation planning.''.

     SEC. 1203. NATIONAL GOALS.

       (a) In General.--Section 150 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec.  150. National goals

       ``(a) Declaration of Policy.--Performance management will 
     transform the Federal-aid highway program and provide a means 
     to the most efficient investment of Federal transportation 
     funds by refocusing on national transportation goals, 
     increasing the accountability and transparency of the 
     Federal-aid highway program, and improving project 
     decisionmaking through performance-based planning and 
     programming.
       ``(b) National Goals.--It is in the interest of the United 
     States to focus the Federal-aid highway program on the 
     following national goals:
       ``(1) Safety.--To achieve a significant reduction in 
     traffic fatalities and serious injuries on all public roads.
       ``(2) Infrastructure condition.--To maintain the highway 
     infrastructure asset system in a state of good repair.
       ``(3) System reliability.--To improve the efficiency of the 
     surface transportation system.
       ``(4) Freight movement and economic vitality.--To improve 
     the national freight network, strengthen the ability of rural 
     communities to access national and international trade 
     markets, and support regional economic development.
       ``(5) Environmental sustainability.--To enhance the 
     performance of the transportation system while protecting and 
     enhancing the natural environment.
       ``(6) Reduced project delivery delays.--To reduce project 
     costs, promote jobs and the economy, and expedite the 
     movement of people and goods by accelerating project 
     completion through eliminating delays in the project 
     development and delivery process, including reducing 
     regulatory burdens and improving agencies' work practices.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 150 and inserting the following:

``150. National goals.''.

              Subtitle C--Acceleration of Project Delivery

     SEC. 1301. PROJECT DELIVERY INITIATIVE.

       (a) Declaration of Policy.--It is the policy of the United 
     States that--
       (1) it is in the national interest for the Department, 
     State departments of transportation, transit agencies, and 
     all other recipients of Federal transportation funds--
       (A) to accelerate project delivery and reduce costs; and
       (B) to ensure that the planning, design, engineering, 
     construction, and financing of transportation projects is 
     done in an efficient and effective manner, promoting 
     accountability for public investments and encouraging greater 
     private sector involvement in project financing and delivery 
     while enhancing safety and protecting the environment;
       (2) delay in the delivery of transportation projects 
     increases project costs, harms the economy of the United 
     States, and impedes the travel of the people of the United 
     States and the shipment of goods for the conduct of commerce; 
     and
       (3) the Secretary shall identify and promote the deployment 
     of innovation aimed at reducing the time and money required 
     to deliver transportation projects while enhancing safety and 
     protecting the environment.
       (b) Establishment of Initiative.--
       (1) In general.--To advance the policy described in 
     subsection (a), the Secretary shall carry out a project 
     delivery initiative under this section.
       (2) Purposes.--The purposes of the project delivery 
     initiative shall be--
       (A) to develop and advance the use of best practices to 
     accelerate project delivery and reduce costs across all modes 
     of transportation and expedite the deployment of technology 
     and innovation;
       (B) to implement provisions of law designed to accelerate 
     project delivery; and
       (C) to select eligible projects for applying experimental 
     features to test innovative project delivery techniques.
       (3) Advancing the use of best practices.--
       (A) In general.--In carrying out the initiative under this 
     section, the Secretary shall identify and advance best 
     practices to reduce delivery time and project costs, from 
     planning through construction, for transportation projects 
     and programs of projects regardless of mode and project size.
       (B) Administration.--To advance the use of best practices, 
     the Secretary shall--
       (i) engage interested parties, affected communities, 
     resource agencies, and other stakeholders to gather 
     information regarding opportunities for accelerating project 
     delivery and reducing costs;
       (ii) establish a clearinghouse for the collection, 
     documentation, and advancement of existing and new innovative 
     approaches and best practices;
       (iii) disseminate information through a variety of means to 
     transportation stakeholders on new innovative approaches and 
     best practices; and
       (iv) provide technical assistance to assist transportation 
     stakeholders in the use of flexibility authority to resolve 
     project delays and accelerate project delivery if feasible.
       (4) Implementation of accelerated project delivery.--The 
     Secretary shall ensure that the provisions of this subtitle 
     designed to accelerate project delivery are fully 
     implemented, including--
       (A) expanding eligibility of early acquisition of property 
     prior to completion of environmental review under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.);
       (B) allowing the use of the construction manager or general 
     contractor method of contracting in the Federal-aid highway 
     system; and
       (C) establishing a demonstration program to streamline the 
     relocation process by permitting a lump-sum payment for 
     acquisition and relocation if elected by the displaced 
     occupant.

     SEC. 1302. CLARIFIED ELIGIBILITY FOR EARLY ACQUISITION 
                   ACTIVITIES PRIOR TO COMPLETION OF NEPA REVIEW.

       (a) In General.--The acquisition of real property in 
     anticipation of a federally assisted or approved surface 
     transportation project that may use the property shall not be 
     prohibited prior to the completion of reviews of the surface 
     transportation project under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the 
     acquisition does not--
       (1) have an adverse environmental effect; or
       (2)(A) limit the choice of reasonable alternatives for the 
     proposed project; or
       (B) prevent the lead agency from making an impartial 
     decision as to whether to select an alternative that is being 
     considered during the environmental review process.
       (b) Early Acquisition of Real Property Interests for 
     Highways.--Section 108 of title 23, United States Code, is 
     amended--
       (1) in the section heading by inserting ``interests'' after 
     ``real property'';
       (2) in subsection (a) by inserting ``interests'' after 
     ``real property'' each place it appears; and
       (3) in subsection (c)--
       (A) in the subsection heading by striking ``Rights-of-way'' 
     and inserting ``Real Property Interests'';
       (B) in paragraph (1)--
       (i) in the matter preceding subparagraph (A) by inserting 
     ``at any time'' after ``may be used''; and
       (ii) in subparagraph (A)--

       (I) by striking ``rights-of-way'' the first place it 
     appears and inserting ``real property interests''; and
       (II) by striking ``, if the rights-of-way are subsequently 
     incorporated into a project eligible for surface 
     transportation program funds''; and

       (C) by striking paragraph (2) and inserting the following:
       ``(2) Terms and conditions.--
       ``(A) Acquisition of real property interests.--
       ``(i) In general.--Subject to the other provisions of this 
     section, prior to completion of the review process for the 
     project required by the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.), a public authority may carry 
     out acquisition of real property interests that may be used 
     for a project.
       ``(ii) Requirements.--An acquisition under clause (i) may 
     be authorized by project agreement and is eligible for 
     Federal-aid reimbursement as a project expense if the 
     Secretary finds that the acquisition--

       ``(I) will not cause any significant adverse environmental 
     impact;
       ``(II) will not limit the choice of reasonable alternatives 
     for the project or otherwise influence the decision of the 
     Secretary on any approval required for the project;
       ``(III) does not prevent the lead agency from making an 
     impartial decision as to whether to accept an alternative 
     that is being considered in the environmental review process;
       ``(IV) is consistent with the State transportation planning 
     process under section 135;
       ``(V) complies with other applicable Federal laws 
     (including regulations);
       ``(VI) will be acquired through negotiation, without the 
     threat of condemnation; and

[[Page S1249]]

       ``(VII) will not result in a reduction or elimination of 
     benefits or assistance to a displaced person required by the 
     Uniform Relocation Assistance and Real Property Acquisition 
     Policies Act of 1970 (42 U.S.C. 4601 et seq.) and title VI of 
     the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).

       ``(B) Development.--Real property interests acquired under 
     this subsection may not be developed in anticipation of a 
     project until all required environmental reviews for the 
     project have been completed.
       ``(C) Reimbursement.--If Federal-aid reimbursement is made 
     for real property interests acquired early under this section 
     and the real property interests are not subsequently 
     incorporated into a project eligible for surface 
     transportation funds within the time allowed by subsection 
     (a)(2), the Secretary shall offset the amount reimbursed 
     against funds apportioned to the State.
       ``(D) Other conditions.--The Secretary may establish such 
     other conditions or restrictions on acquisitions as the 
     Secretary determines to be appropriate.''.

     SEC. 1303. EFFICIENCIES IN CONTRACTING.

       (a) Authority.--Section 112(b) of title 23, United States 
     Code, is amended by adding at the end the following:
       ``(4) Construction manager; general contractor.--
       ``(A) Procedure.--
       ``(i) In general.--A contracting agency may award a 2-phase 
     contract to a construction manager or general contractor for 
     preconstruction and construction services.
       ``(ii) Preconstruction phase.--In the preconstruction phase 
     of a contract under this subparagraph, the construction 
     manager shall provide the contracting agency with advice 
     relating to scheduling, work sequencing, cost engineering, 
     constructability, cost estimating, and risk identification.
       ``(iii) Agreement to price.--

       ``(I) In general.--Prior to the start of the second phase 
     of a contract under this subparagraph, the owner and the 
     construction manager may agree to a price for the 
     construction of the project or a portion of the project.
       ``(II) Result.--If an agreement is reached, the 
     construction manager shall become the general contractor for 
     the construction of the project at the negotiated schedule 
     and price.

       ``(B) Selection.--A contract shall be awarded to a 
     construction manager or general contractor under this 
     paragraph using a competitive selection process under which 
     the contract is awarded on the basis of--
       ``(i) qualifications;
       ``(ii) experience;
       ``(iii) best value; or
       ``(iv) any other combination of factors considered 
     appropriate by the contracting agency.
       ``(C) Timing.--
       ``(i) In general.--Prior to the completion of the 
     environmental review process required under section 102 of 
     the National Environmental Policy Act of 1969 (42 U.S.C. 
     4332), a contracting agency may issue requests for proposals, 
     proceed with the award of the first phase of construction 
     manager or general contractor contract, and issue notices to 
     proceed with preliminary design, to the extent that those 
     actions do not limit any reasonable range of alternatives.
       ``(ii) NEPA process.--

       ``(I) In general.--A contracting agency shall not proceed 
     with the award of the second phase, and shall not proceed, or 
     permit any consultant or contractor to proceed, with final 
     design or construction until completion of the environmental 
     review process required under section 102 of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332).
       ``(II) Requirement.--The Secretary shall require that a 
     contract include appropriate provisions to ensure achievement 
     of the objectives of section 102 of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332) and 
     compliance with other applicable Federal laws and regulations 
     occurs.

       ``(iii) Secretarial approval.--Prior to authorizing 
     construction activities, the Secretary shall approve--

       ``(I) the estimate of the contracting agency for the entire 
     project; and
       ``(II) any price agreement with the general contractor for 
     the project or a portion of the project.

       ``(iv) Termination provision.--The Secretary shall require 
     a contract to include an appropriate termination provision in 
     the event that a no-build alternative is selected.''.
       (b) Regulations.--The Secretary shall promulgate such 
     regulations as are necessary to carry out the amendment made 
     by subsection (a).
       (c) Effect on Experimental Program.--Nothing in this 
     section or the amendment made by this section affects the 
     authority to carry out, or any project carried out under, any 
     experimental program concerning construction manager risk 
     that is being carried out by the Secretary as of the date of 
     enactment of this Act.

     SEC. 1304. INNOVATIVE PROJECT DELIVERY METHODS.

       (a) Declaration of Policy.--
       (1) In general.--Congress declares that it is in the 
     national interest to promote the use of innovative 
     technologies and practices that increase the efficiency of 
     construction of, improve the safety of, and extend the 
     service life of highways and bridges.
       (2) Inclusions.--The innovative technologies and practices 
     described in paragraph (1) include state-of-the-art 
     intelligent transportation system technologies, elevated 
     performance standards, and new highway construction business 
     practices that improve highway safety and quality, accelerate 
     project delivery, and reduce congestion related to highway 
     construction.
       (b) Federal Share.--Section 120(c) of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(3) Innovative project delivery.--
       ``(A) In general.--Except as provided in subparagraph (C), 
     the Federal share payable on account of a project or activity 
     carried out with funds apportioned under paragraph (1), (2), 
     or (5) of section 104(b) may, at the discretion of the State, 
     be up to 100 percent for any such project, program, or 
     activity that the Secretary determines--
       ``(i) contains innovative project delivery methods that 
     improve work zone safety for motorists or workers and the 
     quality of the facility;
       ``(ii) contains innovative technologies, manufacturing 
     processes, financing, or contracting methods that improve the 
     quality, extend the service life, or decrease the long-term 
     costs of maintaining highways and bridges;
       ``(iii) accelerates project delivery while complying with 
     other applicable Federal laws (including regulations) and not 
     causing any significant adverse environmental impact; or
       ``(iv) reduces congestion related to highway construction.
       ``(B) Examples.--Projects, programs, and activities 
     described in subparagraph (A) may include the use of--
       ``(i) prefabricated bridge elements and systems and other 
     technologies to reduce bridge construction time;
       ``(ii) innovative construction equipment, materials, or 
     techniques, including the use of in-place recycling 
     technology and digital 3-dimensional modeling technologies;
       ``(iii) innovative contracting methods, including the 
     design-build and the construction manager-general contractor 
     contracting methods;
       ``(iv) intelligent compaction equipment; or
       ``(v) contractual provisions that offer a contractor an 
     incentive payment for early completion of the project, 
     program, or activity, subject to the condition that the 
     incentives are accounted for in the financial plan of the 
     project, when applicable.
       ``(C) Limitations.--
       ``(i) In general.--In each fiscal year, a State may use the 
     authority under subparagraph (A) for up to 10 percent of the 
     combined apportionments of the State under paragraphs (1), 
     (2), and (5) of section 104(b).
       ``(ii) Federal share increase.--The Federal share payable 
     on account of a project or activity described in subparagraph 
     (A) may be increased by up to 5 percent of the total project 
     cost.''.

     SEC. 1305. ASSISTANCE TO AFFECTED STATE AND FEDERAL AGENCIES.

       Section 139(j) of title 23, United States Code, is amended 
     by adding at the end the following:
       ``(6) Memorandum of understanding.--Prior to providing 
     funds approved by the Secretary for dedicated staffing at an 
     affected Federal agency under paragraphs (1) and (2), the 
     affected Federal agency and the State agency shall enter into 
     a memorandum of understanding that establishes the projects 
     and priorities to be addressed by the use of the funds.''.

     SEC. 1306. APPLICATION OF CATEGORICAL EXCLUSIONS FOR 
                   MULTIMODAL PROJECTS.

       (a) In General.--Section 304 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec.  304. Application of categorical exclusions for 
       multimodal projects

       ``(a) Definitions.--In this section:
       ``(1) Cooperating authority.--The term `cooperating 
     authority' means a Department of Transportation operating 
     authority that is not the lead authority.
       ``(2) Lead authority.--The term `lead authority' means a 
     Department of Transportation operating administration or 
     secretarial office that--
       ``(A) is the lead authority over a proposed multimodal 
     project; and
       ``(B) has determined that the components of the project 
     that fall under the modal expertise of the lead authority--
       ``(i) satisfy the conditions for a categorical exclusion 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) implementing regulations or procedures 
     of the lead authority; and
       ``(ii) do not require the preparation of an environmental 
     assessment or an environmental impact statement under that 
     Act.
       ``(3) Multimodal project.--The term `multimodal project' 
     has the meaning given the term in section 139(a) of title 23.
       ``(b) Exercise of Authorities.--The authorities granted in 
     this section may be exercised for a multimodal project, class 
     of projects, or program of projects that are carried out 
     under this title.
       ``(c) Application of Categorical Exclusions for Multimodal 
     Projects.--When considering the environmental impacts of a 
     proposed multimodal project, a lead authority may apply a 
     categorical exclusion designated under the implementing 
     regulations or procedures of a cooperating authority for 
     other components of the project, on the conditions that--
       ``(1) the multimodal project is funded under 1 grant 
     agreement administered by the lead authority;

[[Page S1250]]

       ``(2) the multimodal project has components that require 
     the expertise of a cooperating authority to assess the 
     environmental impacts of the components;
       ``(3) the component of the project to be covered by the 
     categorical exclusion of the cooperating authority has 
     independent utility;
       ``(4) the cooperating authority, in consultation with the 
     lead authority, follows National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) implementing regulations or 
     procedures and determines that a categorical exclusion under 
     that Act applies to the components; and
       ``(5) the lead authority has determined that--
       ``(A) the project, using the categorical exclusions of the 
     lead and cooperating authorities, does not individually or 
     cumulatively have a significant impact on the environment; 
     and
       ``(B) extraordinary circumstances do not exist that merit 
     further analysis and documentation in an environmental impact 
     statement or environmental assessment required under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       ``(d) Modal Cooperation.--
       ``(1) In general.--A cooperating authority shall provide 
     modal expertise to a lead authority with administrative 
     authority over a multimodal project on such aspects of the 
     project in which the cooperating authority has expertise.
       ``(2) Use of categorical exclusion.--In a case described in 
     paragraph (1), the 1 or more categorical exclusions of a 
     cooperating authority may be applied by the lead authority 
     once the cooperating authority reviews the project on behalf 
     of the lead authority and determines the project satisfies 
     the conditions for a categorical exclusion under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     implementing regulations or procedures of the cooperating 
     authority and this section.''.
       (b) Conforming Amendment.--The item relating to section 304 
     in the analysis for title 49, United States Code, is amended 
     to read as follows:

``304. Application of categorical exclusions for multimodal 
              projects.''.

     SEC. 1307. STATE ASSUMPTION OF RESPONSIBILITIES FOR 
                   CATEGORICAL EXCLUSIONS.

       Section 326 of title 23, United States Code, is amended--
       (1) by striking subsection (d) and inserting the following:
       ``(d) Termination.--
       ``(1) Termination by the secretary.--The Secretary may 
     terminate any assumption of responsibility under a memorandum 
     of understanding on a determination that the State is not 
     adequately carrying out the responsibilities assigned to the 
     State.
       ``(2) Termination by the state.--The State may terminate 
     the participation of the State in the program at any time by 
     providing to the Secretary a notice by not later than the 
     date that is 90 days before the date of termination, and 
     subject to such terms and conditions as the Secretary may 
     provide.''; and
       (2) by adding at the end the following:
       ``(f) Legal Fees.--A State assuming the responsibilities of 
     the Secretary under this section for a specific project may 
     use funds apportioned to the State under section 104(b)(2) 
     for attorneys fees directly attributable to eligible 
     activities associated with the project.''.

     SEC. 1308. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.

       (a) In General.--Section 327 of title 23, United States 
     Code, is amended--
       (1) in the section heading by striking ``pilot'';
       (2) in subsection (a)--
       (A) in paragraph (1) by striking ``pilot''; and
       (B) in paragraph (2)--
       (i) in subparagraph (B) by striking clause (ii) and 
     inserting the following:
       ``(ii) the Secretary may not assign--

       ``(I) any responsibility imposed on the Secretary by 
     section 134 or 135; or
       ``(II) responsibility for any conformity determination 
     required under section 176 of the Clean Air Act (42 U.S.C. 
     7506).''; and

       (ii) by adding at the end the following:
       ``(F) Legal fees.--A State assuming the responsibilities of 
     the Secretary under this section for a specific project may 
     use funds apportioned to the State under section 104(b)(2) 
     for attorneys fees directly attributable to eligible 
     activities associated with the project.'';
       (3) in subsection (b)--
       (A) by striking paragraph (1);
       (B) by redesignating paragraphs (2) through (5) as 
     paragraphs (1) through (4), respectively; and
       (C) in subparagraph (A) of paragraph (3) (as so 
     redesignated) by striking ``(2)'' and inserting ``(1)'';
       (4) in subsection (c)--
       (A) in paragraph (3)(D) by striking the period at the end 
     and inserting a semicolon; and
       (B) by adding at the end the following:
       ``(4) require the State to provide to the Secretary any 
     information the Secretary considers necessary to ensure that 
     the State is adequately carrying out the responsibilities 
     assigned to the State;
       ``(5) require the Secretary--
       ``(A) after a period of 5 years, to evaluate the ability of 
     the State to carry out the responsibility assumed under this 
     section;
       ``(B) if the Secretary determines that the State is not 
     ready to effectively carry out the responsibilities the State 
     has assumed, to reevaluate the readiness of the State every 3 
     years, or at such other frequency as the Secretary considers 
     appropriate, after the initial 5-year evaluation, until the 
     State is ready to assume the responsibilities on a permanent 
     basis; and
       ``(C) once the Secretary determines that the State is ready 
     to permanently assume the responsibilities of the Secretary, 
     not to require any further evaluations; and
       ``(6) require the State to provide the Secretary with any 
     information, including regular written reports, as the 
     Secretary may require in conducting evaluations under 
     paragraph (5).'';
       (5) by striking subsection (g);
       (6) by redesignating subsections (h) and (i) as subsections 
     (g) and (h), respectively; and
       (7) in subsection (h) (as so redesignated)--
       (A) by striking paragraph (1);
       (B) by redesignating paragraph (2) as paragraph (1); and
       (C) by inserting after paragraph (1) (as so redesignated) 
     the following:
       ``(2) Termination by the state.--The State may terminate 
     the participation of the State in the program at any time by 
     providing to the Secretary a notice by not later than the 
     date that is 90 days before the date of termination, and 
     subject to such terms and conditions as the Secretary may 
     provide.''.
       (b) Conforming Amendment.--The item relating to section 327 
     in the analysis of title 23, United States Code, is amended 
     to read as follows:

``327. Surface transportation project delivery program.''.

     SEC. 1309. CATEGORICAL EXCLUSION FOR PROJECTS WITHIN THE 
                   RIGHT-OF-WAY.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall publish a notice 
     of proposed rulemaking for a categorical exclusion that meets 
     the definitions (as in effect on that date) of section 1508.4 
     of title 40, Code of Federal Regulations, and section 771.117 
     of title 23, Code of Federal Regulations, for a project (as 
     defined in section 101(a) of title 23, United States Code)--
       (1) that is located solely within the right-of-way of an 
     existing highway, such as new turn lanes and bus pull-offs;
       (2) that does not include the addition of a through lane or 
     new interchange; and
       (3) for which the project sponsor demonstrates that the 
     project--
       (A) is intended to improve safety, alleviate congestion, or 
     improve air quality; or
       (B) would improve or maintain pavement or structural 
     conditions or achieve a state of good repair.
       (b) Notice.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall publish a notice 
     of proposed rulemaking to further define and implement 
     subsection (a) within subsection (c) or (d) of section 
     771.117 of title 23, Code of Federal Regulations (as in 
     effect on the date of enactment of the MAP 21).

     SEC. 1310. PROGRAMMATIC AGREEMENTS AND ADDITIONAL CATEGORICAL 
                   EXCLUSIONS.

       (a) In General.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall--
       (1) survey the use by the Department of Transportation of 
     categorical exclusions in transportation projects since 2005;
       (2) publish a review of the survey that includes a 
     description of--
       (A) the types of actions categorically excluded; and
       (B) any requests previously received by the Secretary for 
     new categorical exclusions; and
       (3) solicit requests from State departments of 
     transportation, transit authorities, metropolitan planning 
     organizations, or other government agencies for new 
     categorical exclusions.
       (b) New Categorical Exclusions.--Not later than 120 days 
     after the date of enactment of this Act, the Secretary shall 
     publish a notice of proposed rulemaking to propose new 
     categorical exclusions received by the Secretary under 
     subsection (a), to the extent that the categorical exclusions 
     meet the criteria for a categorical exclusion under section 
     1508.4 of title 40, Code of Federal Regulations and section 
     771.117(a) of title 23, Code of Federal Regulations (as those 
     regulations are in effect on the date of the notice).
       (c) Additional Actions.--The Secretary shall issue a 
     proposed rulemaking to move the following types of actions 
     from subsection (d) of section 771.117 of title 23, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     this Act), to subsection (c) of that section, to the extent 
     that such movement complies with the criteria for a 
     categorical exclusion under section 1508.4 of title 40, Code 
     of Federal Regulations (as in effect on the date of enactment 
     of this Act):
       (1) Modernization of a highway by resurfacing, restoration, 
     rehabilitation, reconstruction, adding shoulders, or adding 
     auxiliary lanes (including parking, weaving, turning, and 
     climbing).
       (2) Highway safety or traffic operations improvement 
     projects, including the installation of ramp metering control 
     devices and lighting.
       (3) Bridge rehabilitation, reconstruction, or replacement 
     or the construction of grade

[[Page S1251]]

     separation to replace existing at-grade railroad crossings.
       (d) Programmatic Agreements.--
       (1) In general.--The Secretary shall seek opportunities to 
     enter into programmatic agreements with the States that 
     establish efficient administrative procedures for carrying 
     out environmental and other required project reviews.
       (2) Inclusions.--Programmatic agreements authorized under 
     paragraph (1) may include agreements that allow a State to 
     determine on behalf of the Federal Highway Administration 
     whether a project is categorically excluded from the 
     preparation of an environmental assessment or environmental 
     impact statement under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.).
       (3) Determinations.--An agreement described in paragraph 
     (2) may include determinations by the Secretary of the types 
     of projects categorically excluded (consistent with section 
     1508.4 of title 40, Code of Federal Regulations) in the State 
     in addition to the types listed in subsections (c) and (d) of 
     section 771.117 of title 23, Code of Federal Regulations (as 
     in effect on the date of enactment of this Act).

     SEC. 1311. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL 
                   REVIEWS.

       (a) In General.--When preparing a final environmental 
     impact statement under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.), if the lead agency makes 
     changes in response to comments that are minor and are 
     confined to factual corrections or explanations of why the 
     comments do not warrant further agency response, the lead 
     agency may write on errata sheets attached to the statement 
     instead of rewriting the draft statement, on the condition 
     that the errata sheets--
       (1) cite the sources, authorities, or reasons that support 
     the position of the agency; and
       (2) if appropriate, indicate the circumstances that would 
     trigger agency reappraisal or further response.
       (b) Incorporation.--To the maximum extent practicable, the 
     lead agency shall expeditiously develop a single document 
     that consists of a final environmental impact statement and a 
     record of decision unless--
       (1) the final environmental impact statement makes 
     substantial changes to the proposed action that are relevant 
     to environmental or safety concerns; or
       (2) there are significant new circumstances or information 
     relevant to environmental concerns and that bear on the 
     proposed action or the impacts of the proposed action.

     SEC. 1312. MEMORANDA OF AGENCY AGREEMENTS FOR EARLY 
                   COORDINATION.

       (a) In General.--It is the sense of Congress that--
       (1) the Secretary and other Federal agencies with relevant 
     jurisdiction in the environmental review process should 
     cooperate with each other and other agencies on environmental 
     review and project delivery activities at the earliest 
     practicable time to avoid delays and duplication of effort 
     later in the process, head off potential conflicts, and 
     ensure that planning and project development decisions 
     reflect environmental values; and
       (2) such cooperation should include the development of 
     policies and the designation of staff that advise planning 
     agencies or project sponsors of studies or other information 
     foreseeably required for later Federal action and early 
     consultation with appropriate State and local agencies and 
     Indian tribes.
       (b) Technical Assistance.--If requested at any time by a 
     State or local planning agency, the Secretary and other 
     Federal agencies with relevant jurisdiction in the 
     environmental review process, shall, to the extent 
     practicable and appropriate, as determined by the agencies, 
     provide technical assistance to the State or local planning 
     agency on accomplishing the early coordination activities 
     described in subsection (d).
       (c) Memorandum of Agency Agreement.--If requested at any 
     time by a State or local planning agency, the lead agency, in 
     consultation with other Federal agencies with relevant 
     jurisdiction in the environmental review process, may 
     establish memoranda of agreement with the project sponsor, 
     State, and local governments and other appropriate entities 
     to accomplish the early coordination activities described in 
     subsection (d).
       (d) Early Coordination Activities.--Early coordination 
     activities shall include, to the maximum extent practicable, 
     the following:
       (1) Technical assistance on identifying potential impacts 
     and mitigation issues in an integrated fashion.
       (2) The potential appropriateness of using planning 
     products and decisions in later environmental reviews.
       (3) The identification and elimination from detailed study 
     in the environmental review process of the issues that are 
     not significant or that have been covered by prior 
     environmental reviews.
       (4) The identification of other environmental review and 
     consultation requirements so that the lead and cooperating 
     agencies may prepare, as appropriate, other required analyses 
     and studies concurrently with planning activities.
       (5) The identification by agencies with jurisdiction over 
     any permits related to the project of any and all relevant 
     information that will reasonably be required for the project.
       (6) The reduction of duplication between requirements under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) and State and local planning and environmental 
     review requirements, unless the agencies are specifically 
     barred from doing so by applicable law.
       (7) Timelines for the completion of agency actions during 
     the planning and environmental review processes.
       (8) Other appropriate factors.

     SEC. 1313. ACCELERATED DECISIONMAKING.

       Section 139(h) of title 23, United States Code, is amended 
     by striking paragraph (4) and inserting the following:
       ``(4) Interim decision on achieving accelerated 
     decisionmaking.--
       ``(A) In general.--Not later than 30 days after the close 
     of the public comment period on a draft environmental impact 
     statement, the Secretary may convene a meeting with the 
     project sponsor, lead agency, resource agencies, and any 
     relevant State agencies to ensure that all parties are on 
     schedule to meet deadlines for decisions to be made regarding 
     the project.
       ``(B) Deadlines.--The deadlines referred to in subparagraph 
     (A) shall be those established under subsection (g), or any 
     other deadlines established by the lead agency, in 
     consultation with the project sponsor and other relevant 
     agencies.
       ``(C) Failure to assure.--If the relevant agencies cannot 
     provide reasonable assurances that the deadlines described in 
     subparagraph (B) will be met, the Secretary may initiate the 
     issue resolution and referral process described under 
     paragraph (5) and before the completion of the record of 
     decision.
       ``(5) Accelerated issue resolution and referral.--
       ``(A) Agency issue resolution meeting.--
       ``(i) In general.--A Federal agency of jurisdiction, 
     project sponsor, or the Governor of a State in which a 
     project is located may request an issue resolution meeting to 
     be conducted by the lead agency.
       ``(ii) Action by lead agency.--The lead agency shall 
     convene an issue resolution meeting under clause (i) with the 
     relevant participating agencies and the project sponsor, 
     including the Governor only if the meeting was requested by 
     the Governor, to resolve issues that could--

       ``(I) delay completion of the environmental review process; 
     or
       ``(II) result in denial of any approvals required for the 
     project under applicable laws.

       ``(iii) Date.--A meeting requested under this subparagraph 
     shall be held by not later than 21 days after the date of 
     receipt of the request for the meeting, unless the lead 
     agency determines that there is good cause to extend the time 
     for the meeting.
       ``(iv) Notification.--On receipt of a request for a meeting 
     under this subparagraph, the lead agency shall notify all 
     relevant participating agencies of the request, including the 
     issue to be resolved, and the date for the meeting.
       ``(v) Disputes.--If a relevant participating agency with 
     jurisdiction over an approval required for a project under 
     applicable law determines that the relevant information 
     necessary to resolve the issue has not been obtained and 
     could not have been obtained within a reasonable time, but 
     the lead agency disagrees, the resolution of the dispute 
     shall be forwarded to the heads of the relevant agencies for 
     resolution.
       ``(vi) Convention by lead agency.--A lead agency may 
     convene an issue resolution meeting under this subsection at 
     any time without the request of the Federal agency of 
     jurisdiction, project sponsor, or the Governor of a State.
       ``(B) Elevation of issue resolution.--
       ``(i) In general.--If issue resolution is not achieved by 
     not later than 30 days after the date of a relevant meeting 
     under subparagraph (A), the Secretary shall notify the lead 
     agency, the heads of the relevant participating agencies, and 
     the project sponsor (including the Governor only if the 
     initial issue resolution meeting request came from the 
     Governor) that an issue resolution meeting will be convened.
       ``(ii) Requirements.--The Secretary shall identify the 
     issues to be addressed at the meeting and convene the meeting 
     not later than 30 days after the date of issuance of the 
     notice.
       ``(C) Referral of issue resolution.--
       ``(i) Referral to council on environmental quality.--

       ``(I) In general.--If resolution is not achieved by not 
     later than 30 days after the date of an issue resolution 
     meeting under subparagraph (B), the Secretary shall refer the 
     matter to the Council on Environmental Quality.
       ``(II) Meeting.--Not later than 30 days after the date of 
     receipt of a referral from the Secretary under subclause (I), 
     the Council on Environmental Quality shall hold an issue 
     resolution meeting with the lead agency, the heads of 
     relevant participating agencies, and the project sponsor 
     (including the Governor only if an initial request for an 
     issue resolution meeting came from the Governor).

       ``(ii) Referral to the president.--If a resolution is not 
     achieved by not later than 30 days after the date of the 
     meeting convened by the Council on Environmental Quality 
     under clause (i)(II), the Secretary shall refer the matter 
     directly to the President.
       ``(6) Financial transfer provisions.--
       ``(A) In general.--A Federal agency of jurisdiction over an 
     approval required for a project under applicable laws shall 
     complete any required approval on an expeditious basis using 
     the shortest existing applicable process.
       ``(B) Failure to decide.--

[[Page S1252]]

       ``(i) In general.--If an agency described in subparagraph 
     (A) fails to render a decision under any Federal law relating 
     to a project that requires the preparation of an 
     environmental impact statement or environmental assessment, 
     including the issuance or denial of a permit, license, or 
     other approval by the date described in clause (ii), the 
     agency shall transfer from the applicable office of the head 
     of the agency, or equivalent office to which the authority 
     for rendering the decision has been delegated by law, to the 
     agency or division charged with rendering a decision 
     regarding the application, by not later than 1 day after the 
     applicable date under clause (ii), and once each week 
     thereafter until a final decision is rendered, subject to 
     subparagraph (C)--

       ``(I) $20,000 for any project for which an annual financial 
     plan under section 106(i) is required; or
       ``(II) $10,000 for any other project requiring preparation 
     of an environmental assessment or environmental impact 
     statement.

       ``(ii) Description of date.--The date referred to in clause 
     (i) is the later of--

       ``(I) the date that is 180 days after the date on which an 
     application for the permit, license, or approval is complete; 
     and
       ``(II) the date that is 180 days after the date on which 
     the Federal lead agency issues a decision on the project 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).

       ``(C) Limitations.--
       ``(i) In general.--No transfer of funds under subparagraph 
     (B) relating to an individual project shall exceed, in any 
     fiscal year, an amount equal to 1 percent of the funds made 
     available for the applicable agency office.
       ``(ii) Failure to decide.--The total amount transferred in 
     a fiscal year as a result of a failure by an agency to make a 
     decision by an applicable deadline shall not exceed an amount 
     equal to 5 percent of the funds made available for the 
     applicable agency office for that fiscal year.
       ``(D) Treatment.--The transferred funds shall only be 
     available to the agency or division charged with rendering 
     the decision as additional resources, pursuant to 
     subparagraph (F).
       ``(E) No fault of agency.--A transfer of funds under this 
     paragraph shall not be made if the agency responsible for 
     rendering the decision certifies that--
       ``(i) the agency has not received necessary information or 
     approvals from another entity, such as the project sponsor, 
     in a manner that affects the ability of the agency to meet 
     any requirements under State, local, or Federal law; or
       ``(ii) significant new information or circumstances, 
     including a major modification to an aspect of the project, 
     requires additional analysis for the agency to make a 
     decision on the project application.
       ``(F) Treatment of funds.--
       ``(i) In general.--Funds transferred under this paragraph 
     shall supplement resources available to the agency or 
     division charged with making a decision for the purpose of 
     expediting permit reviews.
       ``(ii) Availability.--Funds transferred under this 
     paragraph shall be available for use or obligation for the 
     same period that the funds were originally authorized or 
     appropriated, plus 1 additional fiscal year.
       ``(iii) Limitation.--The Federal agency with jurisdiction 
     for the decision that has transferred the funds pursuant to 
     this paragraph shall not reprogram funds to the office of the 
     head of the agency, or equivalent office, to reimburse that 
     office for the loss of the funds.
       ``(G) Audits.--In any fiscal year in which any Federal 
     agency transfers funds pursuant to this paragraph, the 
     Inspector General of that agency shall--
       ``(i) conduct an audit to assess compliance with the 
     requirements of this paragraph; and
       ``(ii) not later than 120 days after the end of the fiscal 
     year during which the transfer occurred, submit to the 
     Committee on Environment and Public Works of the Senate and 
     any other appropriate congressional committees a report 
     describing the reasons why the transfers were levied, 
     including allocations of resources.
       ``(H) Effect of paragraph.--Nothing in this paragraph 
     affects or limits the application of, or obligation to comply 
     with, any Federal, State, local, or tribal law.
       ``(I) Authority for intra-agency transfer of funds.--The 
     requirement provided under this paragraph for a Federal 
     agency to transfer or reallocate funds of the Federal agency 
     in accordance with subparagraph (B)(i)--
       ``(i) shall be treated by the Federal agency as a 
     requirement and authority consistent with any applicable 
     original law establishing and authorizing the agency; but
       ``(ii) does not provide to the Federal agency the authority 
     to require or determine the intra-agency transfer or 
     reallocation of funds that are provided to or are within any 
     other Federal agency.
       ``(7) Expedient decisions and reviews.--To ensure that 
     Federal environmental decisions and reviews are expeditiously 
     made--
       ``(A) adequate resources made available under this title 
     shall be devoted to ensuring that applicable environmental 
     reviews under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) are completed on an expeditious 
     basis and that the shortest existing applicable process under 
     that Act is implemented; and
       ``(B) the President shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate, not less frequently than once every 120 
     days after the date of enactment of the MAP 21, a report on 
     the status and progress of the following projects and 
     activities funded under this title with respect to compliance 
     with applicable requirements under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.):
       ``(i) Projects and activities required to prepare an annual 
     financial plan under section 106(i).
       ``(ii) A sample of not less than 5 percent of the projects 
     requiring preparation of an environmental impact statement or 
     environmental assessment in each State.''.

     SEC. 1314. ENVIRONMENTAL PROCEDURES INITIATIVE.

       (a) Establishment.--For grant programs under which funds 
     are distributed by formula by the Department of 
     Transportation, the Secretary shall establish an initiative 
     to review and develop consistent procedures for environmental 
     permitting and procurement requirements.
       (b) Report.--The Secretary shall publish the results of the 
     initiative described in subsection (a) in an electronically 
     accessible format.

     SEC. 1315. ALTERNATIVE RELOCATION PAYMENT DEMONSTRATION 
                   PROGRAM.

       (a) Payment Demonstration Program.--
       (1) In general.--Except as otherwise provided in this 
     section, for the purpose of identifying improvements in the 
     timeliness of providing relocation assistance to persons 
     displaced by Federal or federally assisted programs and 
     projects, the Secretary may allow not more than 5 States to 
     participate in an alternative relocation payment 
     demonstration program under which payments to displaced 
     persons eligible for relocation assistance pursuant to the 
     Uniform Relocation Assistance and Real Property Acquisition 
     Policies Act of 1970 (42 U.S.C. 4601 et seq.) (including 
     implementing regulations), are calculated based on reasonable 
     estimates and paid in advance of the physical displacement of 
     the displaced person.
       (2) Timing of payments.--Relocation assistance payments for 
     projects carried out under an approved State demonstration 
     program may be provided to the displaced person at the same 
     time as payments of just compensation for real property 
     acquired for the program or project of the State.
       (3) Combining of payments.--Payments for relocation and 
     just compensation may be combined into a single unallocated 
     amount.
       (b) Criteria.--
       (1) In general.--After public notice and an opportunity to 
     comment, the Secretary shall adopt criteria for carrying out 
     the alternative relocation payment demonstration program.
       (2) Conditions.--
       (A) In general.--Conditions for State participation in the 
     demonstration program shall include the conditions described 
     in subparagraphs (B) through (E).
       (B) Memorandum of agreement.--A State wishing to 
     participate in the demonstration program shall be required to 
     enter into a memorandum of agreement with the Secretary that 
     includes provisions relating to--
       (i) the selection of projects or programs within the State 
     to which the alternative relocation payment process will be 
     applied;
       (ii) program and project-level monitoring;
       (iii) performance measurement;
       (iv) reporting; and
       (v) the circumstances under which the Secretary may 
     terminate the demonstration program of the State before the 
     end of the program term.
       (C) Term of demonstration program.--Except as provided in 
     subparagraph (B)(v), the demonstration program of the State 
     may continue for up to 3 years after the date on which the 
     Secretary executes the memorandum of agreement.
       (D) Displaced persons.--
       (i) In general.--Displaced persons affected by a project 
     included in the demonstration program of the State shall be 
     informed in writing in a format that is clear and easily 
     understandable that the relocation payments that the 
     displaced persons receive under the demonstration program may 
     be higher or lower than the amount that the displaced persons 
     would receive under the standard relocation assistance 
     process.
       (ii) Alternative process.--Displaced persons shall be 
     informed--

       (I) of the right of the displaced persons not to 
     participate in the demonstration program; and
       (II) that the alternative relocation payment process can be 
     used only if the displaced person agrees in writing.

       (iii) Assistance.--The displacing agency shall provide any 
     displaced person who elects not to participate in the 
     demonstration program with relocation assistance in 
     accordance with the Uniform Relocation Assistance and Real 
     Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et 
     seq.) (including implementing regulations).
       (E) Other displacements.--
       (i) In general.--If other Federal agencies plan 
     displacements in or adjacent to a demonstration program 
     project area within the same time period as the project 
     acquisition and relocation actions of the demonstration 
     program, the Secretary shall adopt measures to protect 
     against inconsistent treatment of displaced persons.
       (ii) Inclusion.--Measures described in clause (i) may 
     include a determination that

[[Page S1253]]

     the demonstration program authority may not be used on a 
     particular project.
       (c) Report.--
       (1) In general.--The Secretary shall submit to Congress--
       (A) at least every 18 months after the date of enactment of 
     this Act, a report on the progress and results of the 
     demonstration program; and
       (B) not later than 1 year after all State demonstration 
     programs have ended, a final report.
       (2) Requirements.--The final report shall include an 
     evaluation by the Secretary of the merits of the alternative 
     relocation payment demonstration program, including the 
     effects of the demonstration program on--
       (A) displaced persons and the protections afforded to 
     displaced persons by the Uniform Relocation Assistance and 
     Real Property Acquisition Policies Act of 1970 (42 U.S.C. 
     4601 et seq.);
       (B) the efficiency of the delivery of Federal-aid highway 
     projects and overall effects on the Federal-aid highway 
     program; and
       (C) the achievement of the purposes of the Uniform 
     Relocation Assistance and Real Property Acquisition Policies 
     Act of 1970 (42 U.S.C. 4601 et seq.).
       (d) Limitation.--The authority of this section may be used 
     only on projects funded under title 23, United States Code, 
     in cases in which the funds are administered by the Federal 
     Highway Administration.
       (e) Authority.--The authority of the Secretary to approve 
     an alternate relocation payment demonstration program for a 
     State terminates on the date that is 3 years after the date 
     of enactment of this Act

     SEC. 1316. REVIEW OF FEDERAL PROJECT AND PROGRAM DELIVERY.

       (a) Completion Time Assessments and Reports.--
       (1) In general.--For projects funded under title 23, United 
     States Code, the Secretary shall compare--
       (A)(i) the completion times of categorical exclusions, 
     environmental assessments, and environmental impact 
     statements initiated after calendar year 2005; to
       (ii) the completion times of categorical exclusions, 
     environmental assessments, and environmental impact 
     statements initiated during a period prior to calendar year 
     2005; and
       (B)(i) the completion times of categorical exclusions, 
     environmental assessments, and environmental impact 
     statements initiated during the period beginning on January 
     1, 2005, and ending on the date of enactment of this Act; to
       (ii) the completion times of categorical exclusions, 
     environmental assessments, and environmental impact 
     statements initiated after the date of enactment of this Act.
       (2) Report.--The Secretary shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate a report--
       (A) not later than 1 year after the date of enactment of 
     this Act that--
       (i) describes the results of the review conducted under 
     paragraph (1)(A); and
       (ii) identifies any change in the timing for completions, 
     including the reasons for any such change and the reasons for 
     delays in excess of 5 years; and
       (B) not later than 5 years after the date of enactment of 
     this Act that--
       (i) describes the results of the review conducted under 
     paragraph (1)(B); and
       (ii) identifies any change in the timing for completions, 
     including the reasons for any such change and the reasons for 
     delays in excess of 5 years.
       (b) Additional Report.--Not later than 2 years after the 
     date of enactment of this Act, the Secretary shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate a report on the types and 
     justification for the additional categorical exclusions 
     granted under the authority provided under sections 1309 and 
     1310.
       (c) GAO Report.--The Comptroller General of the United 
     States shall--
       (1) assess the reforms carried out under sections 1301 
     through 1315 (including the amendments made by those 
     sections); and
       (2) not later than 5 years after the date of enactment of 
     this Act, submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report that describes the results of the assessment.
       (d) Inspector General Report.--The Inspector General of the 
     Department of Transportation shall--
       (1) assess the reforms carried out under sections 1301 
     through 1315 (including the amendments made by those 
     sections); and
       (2) submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate--
       (A) not later than 2 years after the date of enactment of 
     this Act, an initial report of the findings of the Inspector 
     General; and
       (B) not later than 4 years after the date of enactment of 
     this Act, a final report of the findings.

                       Subtitle D--Highway Safety

     SEC. 1401. JASON'S LAW.

       (a) In General.--It is the sense of Congress that it is a 
     national priority to address projects under this section for 
     the shortage of long-term parking for commercial motor 
     vehicles on the National Highway System to improve the safety 
     of motorized and nonmotorized users and for commercial motor 
     vehicle operators.
       (b) Eligible Projects.--Eligible projects under this 
     section are those that--
       (1) serve the National Highway System; and
       (2) may include the following:
       (A) Constructing safety rest areas (as defined in section 
     120(c) of title 23, United States Code) that include parking 
     for commercial motor vehicles.
       (B) Constructing commercial motor vehicle parking 
     facilities adjacent to commercial truck stops and travel 
     plazas.
       (C) Opening existing facilities to commercial motor vehicle 
     parking, including inspection and weigh stations and park-
     and-ride facilities.
       (D) Promoting the availability of publicly or privately 
     provided commercial motor vehicle parking on the National 
     Highway System using intelligent transportation systems and 
     other means.
       (E) Constructing turnouts along the National Highway System 
     for commercial motor vehicles.
       (F) Making capital improvements to public commercial motor 
     vehicle parking facilities currently closed on a seasonal 
     basis to allow the facilities to remain open year-round.
       (G) Improving the geometric design of interchanges on the 
     National Highway System to improve access to commercial motor 
     vehicle parking facilities.
       (c) Survey and Comparative Assessment.--
       (1) In general.--The Secretary, in consultation with 
     relevant State motor carrier safety personnel, shall conduct 
     a survey regarding the availability of parking facilities 
     within each State--
       (A) to evaluate the capability of the State to provide 
     adequate parking and rest facilities for motor carriers 
     engaged in interstate motor carrier service;
       (B) to assess the volume of motor carrier traffic through 
     the State; and
       (C) to develop a system of metrics to measure the adequacy 
     of parking facilities in the State.
       (2) Results.--The results of the survey under paragraph (1) 
     shall be made available to the public on the website of the 
     Department of Transportation.
       (3) Periodic updates.--The Secretary shall periodically 
     update the survey under this subsection.
       (d) Treatment of Projects.--Notwithstanding any other 
     provision of law, projects funded through the authority 
     provided under this section shall be treated as projects on a 
     Federal-aid highway under chapter 1 of title 23, United 
     States Code.

     SEC. 1402. OPEN CONTAINER REQUIREMENTS.

       Section 154(c) of title 23, United States Code, is 
     amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2) Fiscal year 2012 and thereafter.--
       ``(A) Reservation of funds.--On October 1, 2011, and each 
     October 1 thereafter, if a State has not enacted or is not 
     enforcing an open container law described in subsection (b), 
     the Secretary shall reserve an amount equal to 2.5 percent of 
     the funds to be apportioned to the State on that date under 
     each of paragraphs (1) and (2) of section 104(b) until the 
     State certifies to the Secretary the means by which the State 
     will use those reserved funds in accordance with 
     subparagraphs (A) and (B) of paragraph (1) and paragraph (3).
       ``(B) Transfer of funds.--As soon as practicable after the 
     date of receipt of a certification from a State under 
     subparagraph (A), the Secretary shall--
       ``(i) transfer the reserved funds identified by the State 
     for use as described in subparagraphs (A) and (B) of 
     paragraph (1) to the apportionment of the State under section 
     402; and
       ``(ii) release the reserved funds identified by the State 
     as described in paragraph (3).'';
       (2) by striking paragraph (3) and inserting the following:
       ``(3) Use for highway safety improvement program.--
       ``(A) In general.--A State may elect to use all or a 
     portion of the funds transferred under paragraph (2) for 
     activities eligible under section 148.
       ``(B) State departments of transportation.--If the State 
     makes an election under subparagraph (A), the funds shall be 
     transferred to the department of transportation of the State, 
     which shall be responsible for the administration of the 
     funds.''; and
       (3) by striking paragraph (5) and inserting the following:
       ``(5) Derivation of amount to be transferred.--The amount 
     to be transferred under paragraph (2) may be derived from the 
     following:
       ``(A) The apportionment of the State under section 
     104(b)(l).
       ``(B) The apportionment of the State under section 
     104(b)(2).''.

     SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING 
                   WHILE INTOXICATED OR DRIVING UNDER THE 
                   INFLUENCE.

       (a) Definitions.--Section 164(a) of title 23, United States 
     Code, is amended--
       (1) by striking paragraph (3);
       (2) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively; and
       (3) in paragraph (4) (as so redesignated) by striking 
     subparagraph (A) and inserting the following:
       ``(A) receive--

[[Page S1254]]

       ``(i) a suspension of all driving privileges for not less 
     than 1 year; or
       ``(ii) a suspension of unlimited driving privileges for 1 
     year, allowing for the reinstatement of limited driving 
     privileges subject to restrictions and limited exemptions as 
     established by State law, if an ignition interlock device is 
     installed for not less than 1 year on each of the motor 
     vehicles owned or operated, or both, by the individual;''.
       (b) Transfer of Funds.--Section 164(b) of title 23, United 
     States Code, is amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2) Fiscal year 2012 and thereafter.--
       ``(A) Reservation of funds.--On October 1, 2011, and each 
     October 1 thereafter, if a State has not enacted or is not 
     enforcing a repeat intoxicated driver law, the Secretary 
     shall reserve an amount equal to 2.5 percent of the funds to 
     be apportioned to the State on that date under each of 
     paragraphs (1) and (2) of section 104(b) until the State 
     certifies to the Secretary the means by which the States will 
     use those reserved funds among the uses authorized under 
     subparagraphs (A) and (B) of paragraph (1), and paragraph 
     (3).
       ``(B) Transfer of funds.--As soon as practicable after the 
     date of receipt of a certification from a State under 
     subparagraph (A), the Secretary shall--
       ``(i) transfer the reserved funds identified by the State 
     for use as described in subparagraphs (A) and (B) of 
     paragraph (1) to the apportionment of the State under section 
     402; and
       ``(ii) release the reserved funds identified by the State 
     as described in paragraph (3).'';
       (2) by striking paragraph (3) and inserting the following:
       ``(3) Use for highway safety improvement program.--
       ``(A) In general.--A State may elect to use all or a 
     portion of the funds transferred under paragraph (2) for 
     activities eligible under section 148.
       ``(B) State departments of transportation.--If the State 
     makes an election under subparagraph (A), the funds shall be 
     transferred to the department of transportation of the State, 
     which shall be responsible for the administration of the 
     funds.''; and
       (3) by striking paragraph (5) and inserting the following:
       ``(5) Derivation of amount to be transferred.--The amount 
     to be transferred under paragraph (2) may be derived from the 
     following:
       ``(A) The apportionment of the State under section 
     104(b)(1).
       ``(B) The apportionment of the State under section 
     104(b)(2).''.

     SEC. 1404. ADJUSTMENTS TO PENALTY PROVISIONS.

       (a) Vehicle Weight Limitations.--Section 127(a)(1) of title 
     23, United States Code, is amended by striking ``No funds 
     shall be apportioned in any fiscal year under section 
     104(b)(1) of this title to any State which'' and inserting 
     ``The Secretary shall withhold 50 percent of the 
     apportionment of a State under section 104(b)(1) in any 
     fiscal year in which the State''.
       (b) Control of Junkyards.--Section 136 of title 23, United 
     States Code, is amended--
       (1) in subsection (b), in the first sentence--
       (A) by striking ``10 per centum'' and inserting ``7 
     percent''; and
       (B) by striking ``section 104 of this title'' and inserting 
     ``paragraphs (1) through (5) of section 104(b)''; and
       (2) by adding at the end the following:
       ``(n) For purposes of this section, the terms `primary 
     system' and `Federal-aid primary system' mean any highway 
     that is on the National Highway System, which includes the 
     Interstate Highway System.''.
       (c) Enforcement of Vehicle Size and Weight Laws.--Section 
     141(b)(2) of title 23, United States Code, is amended--
       (1) by striking ``10 per centum'' and inserting ``7 
     percent''; and
       (2) by striking ``section 104 of this title'' and inserting 
     ``paragraphs (1) through (5) of section 104(b)''.
       (d) Proof of Payment of the Heavy Vehicle Use Tax.--Section 
     141(c) of title 23, United States Code, is amended--
       (1) by striking ``section 104(b)(4)'' each place it appears 
     and inserting ``section 104(b)(1)''; and
       (2) in the first sentence by striking ``25 per centum'' and 
     inserting `` 8 percent''.
       (e) Use of Safety Belts.--Section 153(h) of title 23, 
     United States Code, is amended--
       (1) by striking paragraph (1);
       (2) by redesignating paragraph (2) as paragraph (1);
       (3) in paragraph (1) (as so redesignated)--
       (A) by striking the paragraph heading and inserting ``Prior 
     to fiscal year 2012''; and
       (B) by inserting ``and before October 1, 2011,'' after 
     ``September 30, 1994,''; and
       (4) by inserting after paragraph (1) (as so redesignated) 
     the following:
       ``(2) Fiscal year 2012 and thereafter.--If, at any time in 
     a fiscal year beginning after September 30, 2011, a State 
     does not have in effect a law described in subsection (a)(2), 
     the Secretary shall transfer an amount equal to 2 percent of 
     the funds apportioned to the State for the succeeding fiscal 
     year under each of paragraphs (1) through (3) of section 
     104(b) to the apportionment of the State under section 
     402.''.
       (f) National Minimum Drinking Age.--Section 158(a)(1) of 
     title 23, United States Code, is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(A) Fiscal years before 2012.--The Secretary''; and
       (2) by adding at the end the following:
       ``(B) Fiscal year 2012 and thereafter.--For fiscal year 
     2012 and each fiscal year thereafter, the amount to be 
     withheld under this section shall be an amount equal to 8 
     percent of the amount apportioned to the noncompliant State, 
     as described in subparagraph (A), under paragraphs (1) and 
     (2) of section 104(b).''.
       (g) Drug Offenders.--Section 159 of title 23, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (1);
       (B) by redesignating paragraph (2) as paragraph (1);
       (C) in paragraph (1) (as so redesignated) by striking 
     ``(including any amounts withheld under paragraph (1))''; and
       (D) by inserting after paragraph (1) (as so redesignated) 
     the following:
       ``(2) Fiscal year 2012 and thereafter.--The Secretary shall 
     withhold an amount equal to 8 percent of the amount required 
     to be apportioned to any State under each of paragraphs (1) 
     and (2) of section 104(b) on the first day of each fiscal 
     year beginning after September 30, 2011, if the State fails 
     to meet the requirements of paragraph (3) on the first day of 
     the fiscal year.''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Effect of Noncompliance.--No funds withheld under 
     this section from apportionments to any State shall be 
     available for apportionment to that State.''.
       (h) Zero Tolerance Blood Alcohol Concentration for 
     Minors.--Section 161(a) of title 23, United States Code, is 
     amended--
       (1) by striking paragraph (1);
       (2) by redesignating paragraph (2) as paragraph (1);
       (3) in paragraph (1) (as so redesignated)--
       (A) by striking the paragraph heading and inserting ``Prior 
     to fiscal year 2012''; and
       (B) by inserting ``through fiscal year 2011'' after ``each 
     fiscal year thereafter''; and
       (4) by inserting after paragraph (1) (as so redesignated) 
     the following:
       ``(2) Fiscal year 2012 and thereafter.--The Secretary shall 
     withhold an amount equal to 8 percent of the amount required 
     to be apportioned to any State under each of paragraphs (1) 
     and (2) of section 104(b) on October 1, 2011, and on October 
     1 of each fiscal year thereafter, if the State does not meet 
     the requirement of paragraph (3) on that date.''.
       (i) Operation of Motor Vehicles by Intoxicated Persons.--
     Section 163(e) of title 23, United States Code, is amended by 
     striking paragraphs (1) and (2) and inserting the following:
       ``(1) Fiscal years 2007 through 2011.--On October 1, 2006, 
     and October 1 of each fiscal year thereafter through fiscal 
     year 2011, if a State has not enacted or is not enforcing a 
     law described in subsection (a), the Secretary shall withhold 
     an amount equal to 8 percent of the amounts to be apportioned 
     to the State on that date under each of paragraphs (1), (3), 
     and (4) of section 104(b).
       ``(2) Fiscal year 2012 and thereafter.--On October 1, 2011, 
     and October 1 of each fiscal year thereafter, if a State has 
     not enacted or is not enforcing a law described in subsection 
     (a), the Secretary shall withhold an amount equal to 6 
     percent of the amounts to be apportioned to the State on that 
     date under each of paragraphs (1) and (2) of section 
     104(b).''.
       (j) Commercial Driver's License.--Section 31314 of title 
     49, United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) Penalties Imposed in Fiscal Year 2012 and 
     Thereafter.--Effective beginning on October 1, 2011--
       ``(1) the penalty for the first instance of noncompliance 
     by a State under this section shall be not more than an 
     amount equal to 4 percent of funds required to be apportioned 
     to the noncompliant State under paragraphs (1) and (2) of 
     section 104(b) of title 23; and
       ``(2) the penalty for subsequent instances of noncompliance 
     shall be not more than an amount equal to 8 percent of funds 
     required to be apportioned to the noncompliant State under 
     paragraphs (1) and (2) of section 104(b) of title 23.''.

     SEC. 1405. HIGHWAY WORKER SAFETY.

       Not later than 60 days after the date of enactment of this 
     Act, the Secretary shall modify section 630.1108(a) of title 
     23, Code of Federal Regulations (as in effect on the date of 
     enactment of this Act), to ensure that--
       (1) at a minimum, positive protective measures are used to 
     separate workers on highway construction projects from 
     motorized traffic in all work zones conducted under traffic 
     in areas that offer workers no means of escape (such as 
     tunnels and bridges), unless an engineering study determines 
     otherwise;
       (2) temporary longitudinal traffic barriers are used to 
     protect workers on highway construction projects in long-
     duration stationary work zones when the project design speed 
     is anticipated to be high and the nature of the work requires 
     workers to be within 1 lane-width from the edge of a live 
     travel lane, unless--
       (A) an analysis by the project sponsor determines 
     otherwise; or
       (B) the project is outside of an urbanized area and the 
     annual average daily traffic load of the applicable road is 
     less than 100 vehicles per hour; and
       (3) when positive protective devices are necessary for 
     highway construction projects,

[[Page S1255]]

     those devices are paid for on a unit-pay basis, unless doing 
     so would create a conflict with innovative contracting 
     approaches, such as design-build or some performance-based 
     contracts under which the contractor is paid to assume a 
     certain risk allocation and payment is generally made on a 
     lump-sum basis.

     SEC. 1406. GUARDRAIL SAFETY AND COST STUDY.

       (a) Definitions of Type I Guardrail and Type II 
     Guardrail.--In this section, the terms ``Type I guardrail'' 
     and ``Type II guardrail'' have the meaning given those terms 
     in AASHTO Designation M-180-11, except that--
       (1) the term ``Type I guardrail'' means only Type I 
     guardrail that is galvanized prior to fabrication; and
       (2) the term ``Type II guardrail'' means only Type II 
     guardrail that is galvanized after fabrication.
       (b) Study.--The Secretary shall conduct a study regarding 
     the safety and cost of guardrails in accordance with this 
     section.
       (c) Subject Matter.--
       (1) In general.--The study shall include an evaluation of 
     the relative safety and lifecycle cost of Type I guardrail 
     and Type II guardrail.
       (2) Safety evaluation.--The evaluation of relative safety 
     described in paragraph (1) shall include consideration of 
     whether there is a relationship between severity of crash 
     outcomes, in terms of fatalities, injuries, or damage, and 
     the use of different guardrail types.
       (3) Lifecycle cost.--The evaluation of the lifecycle cost 
     of different guardrail types described in paragraph (1) shall 
     include consideration of a range of time periods, including a 
     minimum 30-year period.
       (d) Methods.--In carrying out the study under this section, 
     the Secretary shall--
       (1) consider guardrail-related crash data and other 
     relevant actual experience in the use of different types of 
     guardrails, including whether there is a relationship between 
     severity of crash outcomes and the use of different guardrail 
     types;
       (2) consider prior research and other sources of 
     information;
       (3) consult with manufacturers of guardrails, State and 
     local transportation officials with responsibility for the 
     purchase or maintenance of guardrails, associations 
     representing those entities, and such other experts as the 
     Secretary determines to be appropriate; and
       (4) undertake, to the extent the Secretary determines to be 
     appropriate, independent research or materials testing or 
     take other steps to collect and analyze data and information.
       (e) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate a report on the results of the 
     study under this section, including--
       (1) any findings by the Secretary regarding differences in 
     the relative safety and lifecycle cost of Type I guardrail 
     and Type II guardrail; and
       (2) any recommendations by the Secretary relating to safety 
     and lifecycle cost of guardrails, including any 
     recommendations as to whether any difference in the relative 
     safety and lifecycle cost of Type I guardrail and Type II 
     guardrail warrants limiting eligibility to use Federal funds 
     for guardrail to guardrail meeting certain characteristics.

                       Subtitle E--Miscellaneous

     SEC. 1501. PROGRAM EFFICIENCIES.

       The first sentence of section 102(b) of title 23, United 
     States Code, is amended by striking ``made available for such 
     engineering'' and inserting ``reimbursed for the preliminary 
     engineering''.

     SEC. 1502. PROJECT APPROVAL AND OVERSIGHT.

       Section 106 of title 23, United States Code, is amended--
       (1) in subsection (a)(2) by inserting ``recipient'' before 
     ``formalizing'';
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) in the heading, by striking ``Non-interstate''; and
       (ii) by striking ``but not on the Interstate System''; and
       (B) by striking paragraph (4) and inserting the following:
       ``(4) Limitation on interstate projects.--
       ``(A) In general.--The Secretary shall not assign any 
     responsibilities to a State for projects the Secretary 
     determines to be in a high risk category, as defined under 
     subparagraph (B).
       ``(B) High risk categories.--The Secretary may define the 
     high risk categories under this subparagraph on a national 
     basis, a State-by-State basis, or a national and State-by-
     State basis, as determined to be appropriate by the 
     Secretary.'';
       (3) in subsection (e)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i)--

       (aa) by striking ``concept'' and inserting ``planning''; 
     and
       (bb) by striking ``multidisciplined'' and inserting 
     ``multidisciplinary''; and

       (II) by striking clause (i) and inserting the following:

       ``(i) providing the needed functions and achieving the 
     established commitments (including environmental, community, 
     and agency commitments) safely, reliably, and at the lowest 
     overall lifecycle cost;''; and
       (ii) in subparagraph (B) by striking clause (ii) and 
     inserting the following:
       ``(ii) refining or redesigning, as appropriate, the project 
     using different technologies, materials, or methods so as to 
     accomplish the purpose, functions, and established 
     commitments (including environmental, community, and agency 
     commitments) of the project.'';
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A) by striking 
     ``or other cost-reduction analysis'';
       (ii) in subparagraph (A) by striking ``Federal-aid system'' 
     and inserting ``National Highway System receiving Federal 
     assistance''; and
       (iii) in subparagraph (B) by inserting ``on the National 
     Highway System receiving Federal assistance'' after ``a 
     bridge project''; and
       (C) by striking paragraph (4) and inserting the following:
       ``(4) Requirements.--
       ``(A) Value engineering program.--The State shall develop 
     and carry out a value engineering program that--
       ``(i) establishes and documents value engineering program 
     policies and procedures;
       ``(ii) ensures that the required value engineering analysis 
     is conducted before completing the final design of a project;
       ``(iii) ensures that the value engineering analysis that is 
     conducted, and the recommendations developed and implemented 
     for each project, are documented in a final value engineering 
     report; and
       ``(iv) monitors, evaluates, and annually submits to the 
     Secretary a report that describes the results of the value 
     analyses that are conducted and the recommendations 
     implemented for each of the projects described in paragraph 
     (2) that are completed in the State.
       ``(B) Bridge projects.--The value engineering analysis for 
     a bridge project under paragraph (2) shall--
       ``(i) include bridge superstructure and substructure 
     requirements based on construction material; and
       ``(ii) be evaluated by the State--

       ``(I) on engineering and economic bases, taking into 
     consideration acceptable designs for bridges; and
       ``(II) using an analysis of lifecycle costs and duration of 
     project construction.'';

       (4) in subsection (g)(4) by adding at the end the 
     following:
       ``(C) Funding.--
       ``(i) In general.--Subject to project approval by the 
     Secretary, a State may obligate funds apportioned to the 
     State under section 104(b)(2) for carrying out the 
     responsibilities of the State under subparagraph (A).
       ``(ii) Eligible activities.--Activities eligible for 
     assistance under this subparagraph include--

       ``(I) State administration of subgrants; and
       ``(II) State oversight of subrecipients.

       ``(iii) Annual work plan.--To receive the funding 
     flexibility made available under this subparagraph, the State 
     shall submit to the Secretary an annual work plan identifying 
     activities to be carried out under this subparagraph during 
     the applicable year.
       ``(iv) Federal share.--The Federal share of the cost of 
     activities carried out under this subparagraph shall be 100 
     percent.''; and
       (5) in subsection (h)--
       (A) in paragraph (1)(B) by inserting ``, including a 
     phasing plan when applicable'' after ``financial plan''; and
       (B) by striking paragraph (3) and inserting the following:
       ``(3) Financial plan.--A financial plan--
       ``(A) shall be based on detailed estimates of the cost to 
     complete the project;
       ``(B) shall provide for the annual submission of updates to 
     the Secretary that are based on reasonable assumptions, as 
     determined by the Secretary, of future increases in the cost 
     to complete the project; and
       ``(C) may include a phasing plan that identifies fundable 
     incremental improvements or phases that will address the 
     purpose and the need of the project in the short term in the 
     event there are insufficient financial resources to complete 
     the entire project. If a phasing plan is adopted for a 
     project pursuant to this section, the project shall be deemed 
     to satisfy the fiscal constraint requirements in the 
     statewide and metropolitan planning requirements in sections 
     134 and 135.''.

     SEC. 1503. STANDARDS.

       (a) Practical Design.--Section 109 of title 23, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1) by striking ``and'' at the end;
       (B) in paragraph (2) by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(3) utilize, when appropriate, practical design 
     solutions, as defined in this section, to ensure that 
     transportation needs are met and that funds available for 
     transportation projects are used efficiently.'';
       (2) in subsection (c)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A)--
       (i) by striking ``, reconstruction, resurfacing (except for 
     maintenance resurfacing), restoration, or rehabilitation'' 
     and inserting ``or reconstruction''; and
       (ii) by striking ``may take into account'' and inserting 
     ``shall consider'';
       (B) in paragraph (2)--
       (i) in the first sentence of the matter preceding 
     subparagraph (A) by striking ``may'' and inserting ``shall'';

[[Page S1256]]

       (ii) in subparagraph (C) by striking ``and'' at the end;
       (iii) by redesignating subparagraph (D) as subparagraph 
     (F); and
       (iv) by inserting after subparagraph (C) the following:
       ``(D) the publication entitled `Highway Safety Manual' of 
     the American Association of State Highway and Transportation 
     Officials;
       ``(E) the publication entitled `A Guide for Achieving 
     Flexibility in Highway Design, 1st Edition', published by the 
     American Association of State Highway and Transportation 
     Officials; and'';
       (3) in subsection (f) by inserting ``pedestrian walkways,'' 
     after ``bikeways,'';
       (4) in subsection (m) by inserting ``, safe, and 
     continuous'' after ``for a reasonable'';
       (5) in subsection (q) by striking ``consistent with the 
     operative safety management system established in accordance 
     with section 303 or in accordance with'' inserting ``that is 
     in accordance with a State's strategic highway safety plan 
     and included on''; and
       (6) by adding at the end the following:
       ``(r) Definition.--In this section, the term `practical 
     design solution' means a collaborative interdisciplinary 
     approach that results in a transportation project that fits 
     its physical setting, preserves safety, and balances costs 
     with the necessary scope and project delivery needs of the 
     project, as well as with scenic, aesthetic, historic, and 
     environmental resources.''.
       (b) Additional Standards.--Section 109 of title 23, United 
     States Code (as amended by subsection (a)(6)), is amended by 
     adding at the end the following:
       ``(s) Pavement Markings.--The Secretary shall not approve 
     any pavement markings project that includes the use of glass 
     beads containing more than 200 parts per million of arsenic 
     or lead, as determined in accordance with Environmental 
     Protection Agency testing methods 3052, 6010B, or 6010C.''.

     SEC. 1504. CONSTRUCTION.

       Section 114 of title 23, United States Code, is amended--
       (1) in subsection (b)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Limitation on convict labor.--Convict labor shall not 
     be used in construction of Federal-aid highways or portions 
     of Federal-aid highways unless the labor is performed by 
     convicts who are on parole, supervised release, or 
     probation.''; and
       (B) in paragraph (3) by inserting ``in existence during 
     that period'' after ``located on a Federal-aid system''; and
       (2) in subsection (c)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--The Secretary shall ensure that a worker 
     who is employed on a remote project for the construction of a 
     Federal-aid highway or portion of a Federal-aid highway in 
     the State of Alaska and who is not a domiciled resident of 
     the locality shall receive meals and lodging.''; and
       (B) in paragraph (3)(C) by striking ``highway or portion of 
     a highway located on a Federal-aid system'' and inserting 
     ``Federal-aid highway or portion of a Federal-aid highway''.

     SEC. 1505. MAINTENANCE.

       Section 116 of title 23, United States Code, is amended--
       (1) in subsection (a)--
       (A) in the first sentence, by inserting ``or other direct 
     recipient'' before ``to maintain''; and
       (B) by striking the second sentence;
       (2) by striking subsection (b) and inserting the following:
       ``(b) Agreement.--In any State in which the State 
     transportation department or other direct recipient is 
     without legal authority to maintain a project described in 
     subsection (a), the transportation department or direct 
     recipient shall enter into a formal agreement with the 
     appropriate officials of the county or municipality in which 
     the project is located providing for the maintenance of the 
     project.''; and
       (3) in the first sentence of subsection (c) by inserting 
     ``or other direct recipient'' after ``State transportation 
     department''.

     SEC. 1506. FEDERAL SHARE PAYABLE.

       Section 120 of title 23, United States Code, is amended--
       (1) in the first sentence of subsection (c)(1)--
       (A) by inserting ``maintaining minimum levels of 
     retroreflectivity of highway signs or pavement markings,'' 
     after ``traffic control signalization,'';
       (B) by inserting ``shoulder and centerline rumble strips 
     and stripes,'' after ``pavement marking,''; and
       (C) by striking ``Federal-aid systems'' and inserting 
     ``Federal-aid programs'';
       (2) by striking subsection (e) and inserting the following:
       ``(e) Emergency Relief.--The Federal share payable for any 
     repair or reconstruction provided for by funds made available 
     under section 125 for any project on a Federal-aid highway, 
     including the Interstate System, shall not exceed the Federal 
     share payable on a project on the system as provided in 
     subsections (a) and (b), except that--
       ``(1) the Federal share payable for eligible emergency 
     repairs to minimize damage, protect facilities, or restore 
     essential traffic accomplished within 180 days after the 
     actual occurrence of the natural disaster or catastrophic 
     failure may amount to 100 percent of the cost of the repairs;
       ``(2) the Federal share payable for any repair or 
     reconstruction of Federal land transportation facilities, 
     Federal land access transportation facilities, and tribal 
     transportation facilities may amount to 100 percent of the 
     cost of the repair or reconstruction;
       ``(3) the Secretary shall extend the time period in 
     paragraph (1) taking into consideration any delay in the 
     ability of the State to access damaged facilities to evaluate 
     damage and the cost of repair; and
       ``(4) the Federal share payable for eligible permanent 
     repairs to restore damaged facilities to predisaster 
     condition may amount to 100 percent of the cost of the 
     repairs if the eligible expenses incurred by the State due to 
     natural disasters or catastrophic failures in a Federal 
     fiscal year exceeds the annual apportionment of the State 
     under section 104 for the fiscal year in which the disasters 
     or failures occurred.'';
       (3) by striking subsection (g) and redesignating 
     subsections (h) through (l) as subsections (g) through (k), 
     respectively;
       (4) in subsection (i)(1)(A) (as redesignated by paragraph 
     (3)) by striking ``and the Appalachian development highway 
     system program under section 14501 of title 40''; and
       (5) by striking subsections (j) and (k) (as redesignated by 
     paragraph (3)) and inserting the following:
       ``(j) Use of Federal Agency Funds.--Notwithstanding any 
     other provision of law, any Federal funds other than those 
     made available under this title and title 49, United States 
     Code, may be used to pay the non-Federal share of the cost of 
     any transportation project that is within, adjacent to, or 
     provides access to Federal land, the Federal share of which 
     is funded under this title or chapter 53 of title 49.
       ``(k) Use of Federal Land and Tribal Transportation 
     Funds.--Notwithstanding any other provision of law, the funds 
     authorized to be appropriated to carry out the tribal 
     transportation program under section 202 and the Federal 
     lands transportation program under section 203 may be used to 
     pay the non-Federal share of the cost of any project that is 
     funded under this title or chapter 53 of title 49 and that 
     provides access to or within Federal or tribal land.''.

     SEC. 1507. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.

       (a) In General.--Section 126 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec.  126. Transferability of Federal-aid highway funds

       ``(a) In General.--Notwithstanding any other provision of 
     law, subject to subsection (b), a State may transfer from an 
     apportionment under section 104(b) not to exceed 20 percent 
     of the amount apportioned for the fiscal year to any other 
     apportionment of the State under that section.
       ``(b) Application to Certain Set-asides.--Funds that are 
     subject to sections 104(d) and 133(d) shall not be 
     transferred under this section. The maximum amount that a 
     State may transfer under this section of the State's set-
     aside under section 149(l) for a fiscal year may not exceed 
     25 percent of (1) the amount of such set-aside, less (2) the 
     amount of the State's set-aside under section 133(d)(2), as 
     in effect on the day before the date of enactment of the MAP-
     21, for fiscal year 1997.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 126 and inserting the following:

``126. Transferability of Federal-aid highway funds.''.

     SEC. 1508. SPECIAL PERMITS DURING PERIODS OF NATIONAL 
                   EMERGENCY.

       Section 127 of title 23, United States Code, is amended by 
     inserting at the end the following:
       ``(i) Special Permits During Periods of National 
     Emergency.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, a State may issue special permits during an 
     emergency to overweight vehicles and loads that can easily be 
     dismantled or divided if--
       ``(A) the President has declared the emergency to be a 
     major disaster under the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
       ``(B) the permits are issued in accordance with State law; 
     and
       ``(C) the permits are issued exclusively to vehicles and 
     loads that are delivering relief supplies.
       ``(2) Expiration.--A permit issued under paragraph (1) 
     shall expire not later than 120 days after the date of the 
     declaration of emergency under subparagraph (A) of that 
     paragraph.''.

     SEC. 1509. ELECTRIC VEHICLE CHARGING STATIONS.

       (a) Fringe and Corridor Parking Facilities.--Section 137 of 
     title 23, United States Code, is amended--
       (1) in subsection (a) by inserting after the second 
     sentence the following: ``The addition of electric vehicle 
     charging stations to new or previously funded parking 
     facilities shall be eligible for funding under this 
     section.''; and
       (2) in subsection (f)(1)--
       (A) by striking ``104(b)(4)'' and inserting ``104(b)(1)''; 
     and
       (B) by inserting ``including the addition of electric 
     vehicle charging stations,'' after ``new facilities,''.
       (b) Public Transportation .--Section 142(a)(1) of title 23, 
     United States Code, is amended by inserting ``(which may 
     include

[[Page S1257]]

     electric vehicle charging stations)'' after ``corridor 
     parking facilities''.

     SEC. 1510. HOV FACILITIES.

       Section 166 of title 23, United States Code, is amended--
       (1) in subsection (b)(5)--
       (A) in subparagraph (A) by striking ``Before September 30, 
     2009, the'' and inserting ``The''; and
       (B) in subparagraph (B) by striking ``Before September 30, 
     2009, the'' and inserting ``The''; and
       (2) in subsection (d)(1)--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``in a fiscal year shall certify'' and 
     inserting ``shall submit to the Secretary a report 
     demonstrating that the facility is not already degraded, and 
     that the presence of the vehicles will not cause the facility 
     to become degraded, and certify''; and
       (ii) by striking ``in the fiscal year'';
       (B) in subparagraph (A) by inserting ``and submitting to 
     the Secretary annual reports of those impacts'' after 
     ``adjacent highways'';
       (C) in subparagraph (C) by striking ``if the presence of 
     the vehicles has degraded the operation of the facility'' and 
     inserting ``whenever the operation of the facility is 
     degraded''; and
       (D) by adding at the end the following:
       ``(D) Maintenance of operating performance.--A facility 
     that has become degraded shall be brought back into 
     compliance with the minimum average operating speed 
     performance standard by not later than 180 days after the 
     date on which the degradation is identified through changes 
     to operation, including the following:
       ``(i) Increase the occupancy requirement for HOVs.
       ``(ii) Increase the toll charged for vehicles allowed under 
     subsection (b) to reduce demand.
       ``(iii) Charge tolls to any class of vehicle allowed under 
     subsection (b) that is not already subject to a toll.
       ``(iv) Limit or discontinue allowing vehicles under 
     subsection (b).
       ``(v) Increase the available capacity of the HOV facility.
       ``(E) Compliance.--If the State fails to bring a facility 
     into compliance under subparagraph (D), the Secretary shall 
     subject the State to appropriate program sanctions under 
     section 1.36 of title 23, Code of Federal Regulations (or 
     successor regulations), until the performance is no longer 
     degraded.''.

     SEC. 1511. CONSTRUCTION EQUIPMENT AND VEHICLES.

       (a) In General.--Chapter 3 of title 23, United States Code, 
     is amended by adding at the end the following:

     ``SEC. 330. CONSTRUCTION EQUIPMENT AND VEHICLES.

       ``(a) In General.--In accordance with the obligation 
     process established pursuant to section 149(j)(4), a State 
     shall expend amounts required to be obligated for this 
     section to install diesel emission control technology on 
     covered equipment, with an engine that does not meet current 
     model year new engine standards for particulate matter for 
     the applicable engine power group issued by the Environmental 
     Protection Agency, on a covered highway construction project 
     within a PM2.5 nonattainment or maintenance area. 
     Covered equipment repowered or retrofit with diesel exhaust 
     control technology installed during the 6-year period ending 
     on the date on which the prime contract was awarded for the 
     covered highway construction project and equipment that meets 
     the Environmental Protection Agency Tier 4 emission standards 
     may be exempt from the requirements of this section.
       ``(b) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Covered equipment.--The term `covered equipment' 
     means any nonroad diesel equipment or on-road diesel 
     equipment that is operated on a covered highway construction 
     project for not less than 80 hours over the life of the 
     project.
       ``(2) Covered highway construction project.--
       ``(A) In general.--The term `covered highway construction 
     project' means a highway construction project carried out 
     under this title or any other Federal law which is funded in 
     whole or in part with Federal funds.
       ``(B) Exclusions.--Any project with a total budgeted cost 
     not to exceed $5,000,000 may be excluded from the 
     requirements of this section by an applicable State or 
     metropolitan planning organization.
       ``(3) Diesel emission control technology.--The term `diesel 
     emission control technology' means a technology that--
       ``(A) is--
       ``(i) a diesel exhaust control technology;
       ``(ii) a diesel engine upgrade;
       ``(iii) a diesel engine repower;
       ``(iv) an idle reduction control technology; or
       ``(v) any combination of the technologies listed in clauses 
     (i) through (iv);
       ``(B) reduces particulate matter emission from covered 
     equipment by--
       ``(i) not less than 85 percent control of any emission of 
     particulate matter; or
       ``(ii) the maximum achievable reduction of any emission of 
     particulate matter, taking cost and safety into account; and
       ``(C) is installed on and operated with the covered 
     equipment while the equipment is operated on a covered 
     highway construction project and that remains operational on 
     the covered equipment for the useful life of the control 
     technology or equipment.
       ``(4) Eligible entity.--The term `eligible entity' means an 
     entity (including a subcontractor of the entity) that has 
     entered into a prime contract or agreement with a State to 
     carry out a covered highway construction project.
       ``(5) Nonroad diesel equipment.--
       ``(A) In general.--The term `nonroad diesel equipment' 
     means a vehicle, including covered equipment, that is--
       ``(i) powered by a nonroad diesel engine of not less than 
     50 horsepower; and
       ``(ii) not intended for highway use.
       ``(B) Inclusions.--The term `nonroad diesel equipment' 
     includes a backhoe, bulldozer, compressor, crane, excavator, 
     generator, and similar equipment.
       ``(C) Exclusions.--The term `nonroad diesel equipment' does 
     not include a locomotive or marine vessel.
       ``(6) On-road diesel equipment.--The term `on-road diesel 
     equipment' means any self-propelled vehicle that--
       ``(A) operates on diesel fuel;
       ``(B) is designed to transport persons or property on a 
     street or highway; and
       ``(C) has a gross vehicle weight rating of at least 14,000 
     pounds.
       ``(7) PM2.5 nonattainment or maintenance area.--
     The term `PM2.5 nonattainment or maintenance area' 
     means a nonattainment or maintenance area designated under 
     section 107(d)(6) of the Clean Air Act (42 U.S.C. 
     7407(d)(6)).
       ``(c) Criteria Eligible Activities.--For purposes of 
     subsection (b)(3)(A):
       ``(1) Diesel exhaust control technology.--For a diesel 
     exhaust control technology, the technology shall be--
       ``(A) installed on a diesel engine or vehicle;
       ``(B) a verified technology (as defined in section 791 of 
     the Energy Policy Act of 2005 (42 U.S.C. 16131)), for nonroad 
     vehicles and nonroad engines (as defined in section 216 of 
     the Clean Air Act (42 U.S.C. 7550)); and
       ``(C) certified by the installer as having been installed 
     in accordance with the specifications included on the list 
     published pursuant to section 149(f)(2), as in effect on the 
     day before the date of enactment of the MAP-21, for achieving 
     a reduction in particulate matter.
       ``(2) Diesel engine upgrade.--For a diesel engine upgrade, 
     the upgrade shall be performed on an engine that is--
       ``(A) rebuilt using new or manufactured components that 
     collectively qualify as verified technologies (as defined in 
     section 791 of the Energy Policy Act of 2005 (42 U.S.C. 
     16131)), for nonroad vehicles and nonroad engines (as defined 
     in section 216 of the Clean Air Act (42 U.S.C. 7550)); and
       ``(B) certified by the installer to have been installed in 
     accordance with the specifications included on the list 
     published pursuant to section 149(f)(2), as in effect on the 
     day before the date of enactment of the MAP-21, for achieving 
     a reduction in particulate matter.
       ``(3) Diesel engine repower.--For a diesel engine repower, 
     the repower shall be conducted using a new or remanufactured 
     diesel engine that is--
       ``(A) installed as a replacement for an engine used in the 
     existing equipment, subject to the condition that the 
     replaced engine is returned to the supplier for 
     remanufacturing to a more stringent set of engine emissions 
     standards or for use as scrap; and
       ``(B) meeting a more stringent engine particulate matter 
     emission standard for the applicable engine power group 
     established by the Environmental Protection Agency than the 
     engine particulate matter emission standard applicable to the 
     replaced engine.
       ``(4) Idle reduction control technology.--For an idle 
     reduction control technology, the technology shall be--
       ``(A) installed on a diesel engine or vehicle;
       ``(B) a verified technology (as defined in section 791 of 
     the Energy Policy Act of 2005 (42 U.S.C. 16131)), for nonroad 
     vehicles and nonroad engines (as defined in section 216 of 
     the Clean Air Act (42 U.S.C. 7550)); and
       ``(C) certified by the installer as having been installed 
     in accordance with the specifications included on the list 
     published pursuant to section 149(f)(2), as in effect on the 
     day before the date of enactment of the MAP-21, for achieving 
     a reduction in particulate matter.
       ``(d) Eligibility for Credits.--
       ``(1) In general.--A State may take credit in a State 
     implementation plan for national ambient air quality 
     standards for any emission reductions that result from the 
     implementation of this section.
       ``(2) Crediting.--An emission reduction described in 
     paragraph (1) may be credited toward demonstrating conformity 
     of State implementation plans and transportation plans.''.
       (b) Savings Clause.--Nothing in this section modifies or 
     otherwise affects any authority or restrictions established 
     under the Clean Air Act (42 U.S.C. 7401 et seq.).
       (c) Report to Congress.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     submit to the Committee on Transportation and Infrastructure 
     of the House of Representatives and the Committee on 
     Environment and Public Works of the Senate a report that 
     describes the manners in which section 330 of title 23, 
     United States Code (as added by subsection (a)) has been 
     implemented, including the quantity of covered equipment 
     serviced under those sections and the costs associated with 
     servicing the covered equipment.
       (2) Information from states.--The Secretary shall require 
     States and recipients, as

[[Page S1258]]

     a condition of receiving amounts under this Act or under the 
     provisions of any amendments made by this Act, to submit to 
     the Secretary any information that the Secretary determines 
     necessary to complete the report under paragraph (1).
       (d) Technical Amendment.--The analysis for chapter 3 of 
     title 23, United States Code, is amended by adding at the end 
     the following:

``330. Construction equipment and vehicles.''.

     SEC. 1512. USE OF DEBRIS FROM DEMOLISHED BRIDGES AND 
                   OVERPASSES.

       Section 1805(a) of the SAFETEA LU (23 U.S.C. 144 note; 119 
     Stat. 1459) is amended by striking ``highway bridge 
     replacement and rehabilitation program under section 144'' 
     and inserting ``national highway performance program under 
     section 119''.

     SEC. 1513. EXTENSION OF PUBLIC TRANSIT VEHICLE EXEMPTION FROM 
                   AXLE WEIGHT RESTRICTIONS.

       Section 1023(h) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law 102 
     388) is amended--
       (1) in the heading of paragraph (1) by striking ``Temporary 
     exemption'' and inserting ``Exemption'';
       (2) in paragraph (1) by striking ``, for the period 
     beginning on October 6, 1992, and ending on October 1, 
     2009,''; and
       (3) in paragraph (2)(A) by striking ``For the period 
     beginning on the date of enactment of this subparagraph and 
     ending on September 30, 2009, a'' and inserting ``A''.

     SEC. 1514. UNIFORM RELOCATION ASSISTANCE ACT AMENDMENTS.

       (a) Moving and Related Expenses.--Section 202 of the 
     Uniform Relocation Assistance and Real Property Acquisition 
     Policies Act of 1970 (42 U.S.C. 4622) is amended--
       (1) in subsection (a)(4) by striking ``$10,000'' and 
     inserting ``$25,000, as adjusted by regulation, in accordance 
     with section 213(d)''; and
       (2) in the second sentence of subsection (c) by striking 
     ``$20,000'' and inserting ``$40,000, as adjusted by 
     regulation, in accordance with section 213(d)''.
       (b) Replacement Housing for Homeowners.--The first sentence 
     of section 203(a)(1) of the Uniform Relocation Assistance and 
     Real Property Acquisition Policies Act of 1970 (42 U.S.C. 
     4623(a)(1)) is amended--
       (1) by striking ``$22,500'' and inserting ``$31,000, as 
     adjusted by regulation, in accordance with 213(d),''; and
       (2) by striking ``one hundred and eighty days prior to'' 
     and inserting ``90 days before''.
       (c) Replacement Housing for Tenants and Certain Others.--
     Section 204 of the Uniform Relocation Assistance and Real 
     Property Acquisition Policies Act of 1970 (42 U.S.C. 4624) is 
     amended--
       (1) in the second sentence of subsection (a) by striking 
     ``$5,250'' and inserting ``$7,200, as adjusted by regulation, 
     in accordance with section 213(d)''; and
       (2) in the second sentence of subsection (b) by striking 
     ``, except'' and all that follows through the end of the 
     subsection and inserting a period.
       (d) Duties of Lead Agency.--Section 213 of the Uniform 
     Relocation Assistance and Real Property Acquisition Policies 
     Act of 1970 (42 U.S.C. 4633) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2) by striking ``and'' at the end;
       (B) in paragraph (3) by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) that each Federal agency that has programs or 
     projects requiring the acquisition of real property or 
     causing a displacement from real property subject to the 
     provisions of this Act shall provide to the lead agency an 
     annual summary report the describes the activities conducted 
     by the Federal agency.''; and
       (2) by adding at the end the following:
       ``(d) Adjustment of Payments.--The head of the lead agency 
     may adjust, by regulation, the amounts of relocation payments 
     provided under sections 202(a)(4), 202(c), 203(a), and 204(a) 
     if the head of the lead agency determines that cost of 
     living, inflation, or other factors indicate that the 
     payments should be adjusted to meet the policy objectives of 
     this Act.''.
       (e) Agency Coordination.--Title II of the Uniform 
     Relocation Assistance and Real Property Acquisition Policies 
     Act of 1970 is amended by inserting after section 213 (42 
     U.S.C. 4633) the following:

     ``SEC. 214. AGENCY COORDINATION.

       ``(a) Agency Capacity.--Each Federal agency responsible for 
     funding or carrying out relocation and acquisition activities 
     shall have adequately trained personnel and such other 
     resources as are necessary to manage and oversee the 
     relocation and acquisition program of the Federal agency in 
     accordance with this Act.
       ``(b) Interagency Agreements.--Not later than 1 year after 
     the date of enactment of this section, each Federal agency 
     responsible for funding relocation and acquisition activities 
     (other than the agency serving as the lead agency) shall 
     enter into a memorandum of understanding with the lead agency 
     that--
       ``(1) provides for periodic training of the personnel of 
     the Federal agency, which in the case of a Federal agency 
     that provides Federal financial assistance, may include 
     personnel of any displacing agency that receives Federal 
     financial assistance;
       ``(2) addresses ways in which the lead agency may provide 
     assistance and coordination to the Federal agency relating to 
     compliance with the Act on a program or project basis; and
       ``(3) addresses the funding of the training, assistance, 
     and coordination activities provided by the lead agency, in 
     accordance with subsection (c).
       ``(c) Interagency Payments.--
       ``(1) In general.--For the fiscal year that begins 1 year 
     after the date of enactment of this section, and each fiscal 
     year thereafter, each Federal agency responsible for funding 
     relocation and acquisition activities (other than the agency 
     serving as the lead agency) shall transfer to the lead agency 
     for the fiscal year, such funds as are necessary, but not 
     less than $35,000, to support the training, assistance, and 
     coordination activities of the lead agency described in 
     subsection (b).
       ``(2) Included costs.--The cost to a Federal agency of 
     providing the funds described in paragraph (1) shall be 
     included as part of the cost of 1 or more programs or 
     projects undertaken by the Federal agency or with Federal 
     financial assistance that result in the displacement of 
     persons or the acquisition of real property.''.
       (f) Cooperation With Federal Agencies.--Section 308 of 
     title 23, United States Code, is amended by striking 
     subsection (a) and inserting the following:
       ``(a) Authorized Activities.--
       ``(1) In general.--The Secretary may perform, by contract 
     or otherwise, authorized engineering or other services in 
     connection with the survey, construction, maintenance, or 
     improvement of highways for other Federal agencies, 
     cooperating foreign countries, and State cooperating 
     agencies.
       ``(2) Inclusions.--Services authorized under paragraph (1) 
     may include activities authorized under section 214 of the 
     Uniform Relocation Assistance and Real Property Acquisition 
     Policies Act of 1970.
       ``(3) Reimbursement.--Reimbursement for services carried 
     out under this subsection (including depreciation on 
     engineering and road-building equipment) shall be credited to 
     the applicable appropriation.''.
       (g) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall take effect on the date 
     of enactment of this Act.
       (2) Exception.--The amendments made by subsections (a) 
     through (c) shall take effect 2 years after the date of 
     enactment of this Act.

     SEC. 1515. USE OF YOUTH SERVICE AND CONSERVATION CORPS.

       (a) In General.--The Secretary shall encourage the States 
     and regional transportation planning agencies to enter into 
     contracts and cooperative agreements with qualified youth 
     service or conservation corps, as defined in sections 
     122(a)(2) of Public Law 101 610 (42 U.S.C. 12572(a)(2)) and 
     106(c)(3) of Public Law 103 82 (42 U.S.C. 12656(c)(3)) to 
     perform--
       (1) appropriate projects eligible under sections 162, 206, 
     and 217 of title 23, United States Code;
       (2) appropriate transportation enhancement activities, as 
     defined under section 101(a) of such title;
       (3) appropriate byway, trail, or bicycle and pedestrian 
     projects under sections 202, 203, and 204 of such title; and
       (4) appropriate safe routes to school projects under 
     section 1404 of the SAFETEA LU (119 Stat. 1228).
       (b) Requirements.--Under any contract or cooperative 
     agreement entered into with a qualified youth service or 
     conservation corps under this section, the Secretary shall--
       (1) set the amount of a living allowance or rate of pay for 
     each participant in such corps at--
       (A) such amount or rate as required under State law in a 
     State with such requirements; or
       (B) for corps in States not described in subparagraph (A), 
     at such amount or rate as determined by the Secretary, not to 
     exceed the maximum living allowance authorized by section 140 
     of Public Law 101 610 (42 U.S.C. 12594); and
       (2) not subject such corps to the requirements of section 
     112 of title 23, United States Code.

     SEC. 1516. CONSOLIDATION OF PROGRAMS; REPEAL OF OBSOLETE 
                   PROVISIONS.

       (a) Consolidation of Programs.--From administrative funds 
     made available under section 104(a) of title 23, United 
     States Code, not less than $15,000,000 for each of fiscal 
     years 2012 and 2013 shall be made available for the following 
     activities:
       (1) To carry out the operation lifesaver program--
       (A) to provide public information and education programs to 
     help prevent and reduce motor vehicle accidents, injuries, 
     and fatalities; and
       (B) to improve driver performance at railway-highway 
     crossings.
       (2) To operate the national work zone safety information 
     clearinghouse authorized by section 358(b)(2) of the National 
     Highway System Designation Act of 1995 (23 U.S.C. 401 note; 
     109 Stat. 625)
       (3) To operate a public road safety clearinghouse in 
     accordance with section 1411(a) of the SAFETEA LU (23 U.S.C. 
     402 note; 119 Stat. 1234).
       (4) To operate a bicycle and pedestrian safety 
     clearinghouse in accordance with section 1411(b) of the 
     SAFETEA LU (23 U.S.C. 402 note; 119 Stat. 1234).

[[Page S1259]]

       (5) To operate a national safe routes to school 
     clearinghouse in accordance with section 1404(g) of the 
     SAFETEA LU (23 U.S.C. 402 note; 119 Stat. 1229).
       (6) To provide work zone safety grants in accordance with 
     subsections (a) and (b) of section 1409 of the SAFETEA LU (23 
     U.S.C. 401 note; 119 Stat. 1232).
       (7) To provide grants to prohibit racial profiling in 
     accordance with section 1906 of the SAFETEA-LU (23 U.S.C. 402 
     note; 119 Stat. 1468).
       (b) Repeals.--Sections 105, 110, 117, 124, 147, 151, 155, 
     160, and 303 of title 23, United States Code, are repealed.
       (c) Conforming Amendments.--
       (1) Title analysis.--The analysis for title 23, United 
     States Code, is amended by striking the items relating to 
     sections 105, 110, 117, 124, 147, 151, 155, 160, and 303 of 
     that title.
       (2) Section 118.--Section 118 of such title is amended--
       (A) in subsection (b)--
       (i) by striking paragraph (1) and all that follows through 
     the heading of paragraph (2); and
       (ii) by striking ``(other than for Interstate 
     construction)'';
       (B) by striking subsection (c); and
       (C) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively.
       (3) Section 130.--Section 130 of such title is amended--
       (A) by striking subsections (e) through (h);
       (B) by redesignating subsection (i) as subsection (e);
       (C) by striking subsections (j) and (k);
       (D) by redesignating subsection (l) as subsection (f);
       (E) in subsection (e) (as so redesignated) by striking 
     ``this section''the second place it appears and inserting 
     ``section 104(b)(3)''; and
       (F) in subsection (f) (as so redesignated) by striking 
     paragraphs (3) and (4).
       (4) Section 142.--Section 142 of title 23, United States 
     Code, is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) by striking ``motor vehicles (other than rail)'' and 
     inserting ``buses'';
       (II) by striking ``(hereafter in this section referred to 
     as `buses')'';
       (III) by striking ``Federal-aid systems'' and inserting 
     ``Federal-aid highways''; and
       (IV) by striking ``Federal-aid system'' and inserting 
     ``Federal-aid highway''; and

       (ii) in paragraph (2)--

       (I) by striking ``as a project on the the surface 
     transportation program for''; and
       (II) by striking ``section 104(b)(3)'' and inserting 
     ``section 104(b)(2);

       (B) in subsection (b) by striking ``104(b)(4)'' and 
     inserting ``104(b)(1)'';
       (C) in subsection (c)--
       (i) by striking ``system'' in each place it appears and 
     inserting ``highway''; and
       (ii) by striking ``highway facilities'' and inserting 
     ``highways eligible under the program that is the source of 
     the funds'';
       (D) in subsection (e)(2)--
       (i) by striking ``Notwithstanding section 209(f)(1) of the 
     Highway Revenue Act of 1956, the Highway Trust Fund shall be 
     available for making expenditures to meet obligations 
     resulting from projects authorized by subsection (a)(2) of 
     this section and such projects'' and inserting ``Projects 
     authorized by subsection (a)(2)''; and
       (ii) striking ``on the surface transportation program'' and 
     inserting ``under the transportation mobility program''; and
       (E) in subsection (f) by striking ``exits'' and inserting 
     ``exists''.
       (5) Section 145.--Section 145(b) of title 23, United States 
     Code, is amended by striking ``section 117 of this title,''.
       (6) Section 322.--Section 322(h)(3) of title 23, United 
     States Code, is amended by striking ``surface transportation 
     program'' and inserting ``the transportation mobility 
     program''.
       (d) Certain Allocations.--Notwithstanding any other 
     provision of law, any unobligated balances of amounts 
     required to be allocated to a State by section 1307(d)(1) of 
     the SAFETEA LU (23 U.S.C. 322 note; 119 Stat. 1217; 122 Stat. 
     1577) shall instead be made available to such State for any 
     purpose eligible under section 133(c) of title 23, United 
     States Code.

     SEC. 1517. RESCISSIONS.

       (a) Fiscal Year 2012.--
       (1) Not later than 30 days after the date of enactment of 
     this Act, of the unobligated balances available under 
     sections 144(f) and 320 of title 23, United States Code, 
     section 147 of Public Law 95 599 (23 U.S.C. 144 note; 92 
     Stat. 2714), section 9(c) of Public Law 97 134 (95 Stat. 
     1702), section 149 of Public Law 100 17 (101 Stat. 181), 
     sections 1006, 1069, 1103, 1104, 1105, 1106, 1107, 1108, 
     6005, 6015, and 6023 of Public Law 102 240 (105 Stat. 1914), 
     section 1602 of Public Law 105 178 (112 Stat. 256), sections 
     1301, 1302, 1702, and 1934 of Public Law 109 59 (119 Stat. 
     1144), and of other funds apportioned to each State under 
     chapter 1 of title 23, United States Code, prior to the date 
     of enactment of this Act, $2,391,000,000 are permanently 
     rescinded.
       (2) In administering the rescission required under this 
     subsection, the Secretary shall allow each State to determine 
     the amount of the required rescission to be drawn from the 
     programs to which the rescission applies.
       (b) Fiscal Year 2013.--
       (1) On October 1, 2012, of the unobligated balances of 
     funds apportioned or allocated on or before that date to each 
     State under chapter 1 of title 23, United States Code, 
     $3,054,000,000 are permanently rescinded.
       (2) Notwithstanding section 1132 of the Energy Independence 
     and Security Act of 2007 (Public Law 110 140; 121 Stat. 
     1763), in administering the rescission required under this 
     subsection, the Secretary shall allow each State to determine 
     the amount of the required rescission to be drawn from the 
     programs to which the rescission applies.

     SEC. 1518. STATE AUTONOMY FOR CULVERT PIPE SELECTION.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary shall modify section 635.411 of title 23, 
     Code of Federal Regulations (as in effect on the date of 
     enactment of this Act), to ensure that States shall have the 
     autonomy to determine culvert and storm sewer material types 
     to be included in the construction of a project on a Federal-
     aid highway.

     SEC. 1519. EFFECTIVE AND SIGNIFICANT PERFORMANCE MEASURES.

       (a) Limited Number of Performance Measures.--In 
     implementing provisions of this Act (including the amendments 
     made by this Act) and title 23, United States Code (other 
     than chapter 4 of that title), that authorize the Secretary 
     to develop performance measures, the Secretary shall limit 
     the number of performance measures established to the most 
     significant and effective measures.
       (b) Different Approaches for Urban and Rural Areas.--In the 
     development and implementation of any performance target, a 
     State may, as appropriate, provide for different performance 
     targets for urbanized and rural areas.

     SEC. 1520. REQUIREMENTS FOR ELIGIBLE BRIDGE PROJECTS.

       (a) Definitions.--In this section:
       (1) Eligible bridge project.--The term ``eligible bridge 
     project'' means a project for construction, alteration, or 
     repair work on a bridge or overpass funded directly by, or 
     provided other assistance through, the Federal Government.
       (2) Qualified training program.--The term ``qualified 
     training program'' means a training program that--
       (A)(i) is certified by the Secretary of Labor; and
       (ii) with respect to an eligible bridge project located in 
     an area in which the Secretary of Labor determines that a 
     training program does not exist, is registered with--
       (I) the Department of Labor; or
       (II) a State agency recognized by the Department of Labor 
     for purposes of a Federal training program; or
       (B) is a corrosion control, mitigation and prevention 
     personnel training program that is offered by an organization 
     whose standards are recognized and adopted in other Federal 
     or State Departments of Transportation.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (b) Eligibility Requirements.--
       (1) In general.--Each contractor and subcontractor that 
     carries out any aspect of an eligible bridge project 
     described in paragraph (2) shall--
       (A) before entering into the applicable contract, be 
     certified by the Secretary or a State, in accordance with 
     paragraph (4), as meeting the eligibility requirements 
     described in paragraph (3); and
       (B) remain certified as described in subparagraph (A) while 
     carrying out the applicable aspect of the eligible bridge 
     project.
       (2) Description of aspects of eligible bridge projects.--An 
     aspect of an eligible bridge project referred to in paragraph 
     (1) is--
       (A) surface preparation or coating application on bridge 
     steel of an eligible bridge project;
       (B) removal of a lead-based or other hazardous coating from 
     bridge steel of an existing eligible bridge project;
       (C) shop painting of structural steel fabricated for 
     installation on bridge steel of an eligible bridge project; 
     and
       (D) the design, application, installation, and maintenance 
     of a cathodic protection system.
       (3) Requirements.--The eligibility requirements referred to 
     in paragraph (1) are that a contractor or subcontractor 
     shall--
       (A) as determined by the Secretary--
       (i) use corrosion mitigation and prevention methods to 
     preserve relevant bridges and overpasses, taking into 
     account--

       (I) material selection;
       (II) coating considerations;
       (III) cathodic protection considerations;
       (IV) design considerations for corrosion; and
       (V) trained applicators;

       (ii) use best practices--

       (I) to prevent environmental degradation; and
       (II) to ensure careful handling of all hazardous materials; 
     and

       (iii) demonstrate a history of employing industry-respected 
     inspectors to ensure funds are used in the interest of 
     affected taxpayers; and
       (B) demonstrate a history of compliance with applicable 
     requirements of the Occupational Safety and Health 
     Administration, as determined by the Secretary of Labor.
       (4) State consultation.--In determining whether to certify 
     a contractor or subcontractor under paragraph (1)(A), a State 
     shall consult with engineers and other experts trained in 
     accordance with subsection (a)(2) specializing in corrosion 
     control, mitigation, and prevention methods.
       (c) Optional Training Program.--As a condition of entering 
     into a contract for an eligible bridge project, each 
     contractor and subcontractor that performs construction, 
     alteration, or repair work on a bridge or

[[Page S1260]]

     overpass for the eligible bridge project may provide, or make 
     available, training, through a qualified training program, 
     for each applicable craft or trade classification of 
     employees that the contractor or subcontractor intends to 
     employ to carry out aspects of eligible bridge projects as 
     described in subsection (b)(2).

     SEC. 1521. IDLE REDUCTION TECHNOLOGY.

       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''.

     SEC. 1522. REPORT ON HIGHWAY TRUST FUND EXPENDITURES.

       (a) Initial Report.--Not later than 150 days after the date 
     of enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report describing 
     the activities funded from the Highway Trust Fund during each 
     of fiscal years 2009 through 2011, including for purposes 
     other than construction and maintenance of highways and 
     bridges.
       (b) Updates.--Not later than 5 years after the date on 
     which the report is submitted under subsection (a) and every 
     5 years thereafter, the Comptroller General of the United 
     States shall submit to Congress a report that updates the 
     information provided in the report under that subsection for 
     the applicable 5-year period.
       (c) Inclusions.--A report submitted under subsection (a) or 
     (b) shall include information similar to the information 
     included in the report of the Government Accountability 
     Office numbered ``GAO-09-729R'' and entitled ``Highway Trust 
     Fund Expenditures on Purposes Other Than Construction and 
     Maintenance of Highways and Bridges During Fiscal Years 2004-
     2008''.

     SEC. 1523. EVACUATION ROUTES.

       Each State shall give adequate consideration to the needs 
     of evacuation routes in the State, including such routes 
     serving or adjacent to facilities operated by the Armed 
     Forces, when allocating funds apportioned to the State under 
     title 23, United States Code, for the construction of 
     Federal-aid highways.

     SEC. 1524. DEFENSE ACCESS ROAD PROGRAM ENHANCEMENTS TO 
                   ADDRESS TRANSPORTATION INFRASTRUCTURE IN THE 
                   VICINITY OF MILITARY INSTALLATIONS.

       The second sentence of section 210(a)(2) of title 23, 
     United States Code, is amended by inserting ``, in 
     consultation with the Secretary of Transportation,'' before 
     ``shall determine''.

     SEC. 1525. EXPRESS LANES DEMONSTRATION PROGRAM.

       Section 1604(b) of the SAFETEA LU (23 U.S.C. 129 note; 
     Public Law 109 59) is amended--
       (1) in paragraph (1)(A)--
       (A) in clause (ii), by inserting ``and'' after the 
     semicolon;
       (B) by striking clause (iii); and
       (C) by redesignating clause (iv) as clause (iii); and
       (2) in paragraph (2), by striking ``2009'' and inserting 
     ``2013''.

     SEC. 1526. TREATMENT OF HISTORIC SIGNS.

       The Secretary shall, not later than 180 days after the date 
     of enactment of this Act, initiate a rulemaking to exempt 
     locally identified historic street name signs or replicas of 
     historic signs from complying with all or part of section 
     2D.43 of the Manual on Uniform Traffic Control Devices.

     SEC. 1527. CONSOLIDATION OF GRANTS.

       (a) Definitions.--In this section, the term ``recipient'' 
     means--
       (1) a State, local, or tribal government, including--
       (A) a territory of the United States;
       (B) a transit agency;
       (C) a port authority;
       (D) a metropolitan planning organization; or
       (E) any other political subdivision of a State or local 
     government;
       (2) a multistate or multijurisdictional group, if each 
     member of the group is an entity described in paragraph (1); 
     and
       (3) a public-private partnership, if both parties are 
     engaged in building the project.
       (b) Consolidation.--
       (1) In general.--A recipient that receives multiple grant 
     awards from the Department to support 1 multimodal project 
     may request that the Secretary designate 1 modal 
     administration in the Department to be the lead administering 
     authority for the overall project.
       (2) New starts.--Any project that includes funds awarded 
     under section 5309 of title 49, United States Code, shall be 
     exempt from consolidation under this section unless the grant 
     recipient requests the Federal Transit Administration to be 
     the lead administering authority.
       (3) Review.--
       (A) In general.--Not later than 30 days after the date on 
     which a request under paragraph (1) is made, the Secretary 
     shall review the request and approve or deny the designation 
     of a single modal administration as the lead administering 
     authority and point of contact for the Department.
       (B) Notification.--
       (i) In general.--The Secretary shall notify the requestor 
     of the decision of the Secretary under subparagraph (A) in 
     such form and at such time as the Secretary and the requestor 
     agree.
       (ii) Denial.--If a request is denied, the Secretary shall 
     provide the requestor with a detailed explanation of the 
     reasoning of the Secretary with the notification under clause 
     (i).
       (c) Duties.--
       (1) In general.--A modal administration designated as a 
     lead administering authority under this section shall--
       (A) be responsible for leading and coordinating the 
     integrated project management team, which shall consist of 
     all of the other modal administrations in the Department 
     relating to the multimodal project; and
       (B) to the extent feasible during the first 30 days of 
     carrying out the multimodal project, identify overlapping or 
     duplicative regulatory requirements that exist for the 
     project and propose a single, streamlined approach to meeting 
     all of the applicable regulatory requirements through the 
     activities described in subsection (d).
       (2) Administration.--
       (A) In general.--The Secretary shall transfer all amounts 
     that have been awarded for the multimodal project to the 
     modal administration designated as the lead administering 
     authority.
       (B) Option.--
       (i) In general.--Participation under this section shall be 
     optional for recipients, and no recipient shall be required 
     to participate.
       (ii) Secretarial duties.--The Secretary is not required to 
     identify every recipient that may be eligible to participate 
     under this section.
       (d) Cooperation.--
       (1) In general.--The Secretary and modal administrations 
     with relevant jurisdiction over a multimodal project should 
     cooperate on project review and delivery activities at the 
     earliest practicable time.
       (2) Purposes.--The purposes of the cooperation under 
     paragraph (1) are--
       (A) to avoid delays and duplication of effort later in the 
     process;
       (B) to prevent potential conflicts; and
       (C) to ensure that planning and project development 
     decisions are made in a streamlined manner and consistent 
     with applicable law.
       (e) Applicability.--Nothing in this section shall--
       (1) supersede, amend, or modify the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other 
     Federal environmental law; or
       (2) affect the responsibility of any Federal officer to 
     comply with or enforce any law described in paragraph (1).

                    TITLE II--RESEARCH AND EDUCATION

                          Subtitle A--Funding

     SEC. 2101. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--The following amounts are authorized to be 
     appropriated out of the Highway Trust Fund (other than the 
     Mass Transit Account):
       (1) Highway research and development program.--To carry out 
     sections 503(b), 503(d), and 509 of title 23, United States 
     Code, $90,000,000 for each of fiscal years 2012 and 2013.
       (2) Technology and innovation deployment program.--To carry 
     out section 503(c) of title 23, United States Code, 
     $90,000,000 for each of fiscal years 2012 and 2013.
       (3) Training and education.--To carry out section 504 of 
     title 23, United States Code, $24,000,000 for each of fiscal 
     years 2012 and 2013.
       (4) Intelligent transportation systems program.--To carry 
     out sections 512 through 518 of title 23, United States Code, 
     $100,000,000 for each of fiscal years 2012 and 2013.
       (5) University transportation centers program.--To carry 
     out section 5505 of title 49, United States Code, $70,000,000 
     for each of fiscal years 2012 and 2013.
       (6) Bureau of transportation statistics.--To carry out 
     chapter 65 of title 49, United States Code, $26,000,000 for 
     each of fiscal years 2012 and 2013.
       (b) Applicability of Title 23, United States Code.--Funds 
     authorized to be appropriated by subsection (a) shall--
       (1) be available for obligation in the same manner as if 
     those funds were apportioned under chapter 1 of title 23, 
     United States Code, except that the Federal share of the cost 
     of a project or activity carried out using those funds shall 
     be 80 percent, unless otherwise expressly provided by this 
     Act (including the amendments by this Act) or otherwise 
     determined by the Secretary; and
       (2) remain available until expended and not be 
     transferable.

            Subtitle B--Research, Technology, and Education

     SEC. 2201. RESEARCH, TECHNOLOGY, AND EDUCATION.

       Section 501 of title 23, United States Code, is amended--
       (1) by redesignating paragraph (2) as paragraph (8);
       (2) by inserting after paragraph (1) the following:
       ``(2) Incident.--The term `incident' means a crash, natural 
     disaster, workzone activity, special event, or other 
     emergency road user occurrence that adversely affects or 
     impedes the normal flow of traffic.
       ``(3) Innovation lifecycle.--The term `innovation 
     lifecycle' means the process of innovating through--
       ``(A) the identification of a need;
       ``(B) the establishment of the scope of research to address 
     that need;
       ``(C) setting an agenda;
       ``(D) carrying out research, development, deployment, and 
     testing of the resulting technology or innovation; and
       ``(E) carrying out an evaluation of the impact of the 
     resulting technology or innovation.

[[Page S1261]]

       ``(4) Intelligent transportation infrastructure.--The term 
     `intelligent transportation infrastructure' means fully 
     integrated public sector intelligent transportation system 
     components, as defined by the Secretary.
       ``(5) Intelligent transportation system.--The terms 
     `intelligent transportation system' and `ITS' mean 
     electronics, photonics, communications, or information 
     processing used singly or in combination to improve the 
     efficiency or safety of a surface transportation system.
       ``(6) National architecture.--For purposes of this chapter, 
     the term `national architecture' means the common framework 
     for interoperability that defines--
       ``(A) the functions associated with intelligent 
     transportation system user services;
       ``(B) the physical entities or subsystems within which the 
     functions reside;
       ``(C) the data interfaces and information flows between 
     physical subsystems; and
       ``(D) the communications requirements associated with the 
     information flows.
       ``(7) Project.--The term `project' means an undertaking to 
     research, develop, or operationally test intelligent 
     transportation systems or any other undertaking eligible for 
     assistance under this chapter.''; and
       (3) by inserting after paragraph (8) (as so redesignated) 
     the following:
       ``(9) Standard.--The term `standard' means a document 
     that--
       ``(A) contains technical specifications or other precise 
     criteria for intelligent transportation systems that are to 
     be used consistently as rules, guidelines, or definitions of 
     characteristics so as to ensure that materials, products, 
     processes, and services are fit for the intended purposes of 
     the materials, products, processes, and services; and
       ``(B) may support the national architecture and promote--
       ``(i) the widespread use and adoption of intelligent 
     transportation system technology as a component of the 
     surface transportation systems of the United States; and
       ``(ii) interoperability among intelligent transportation 
     system technologies implemented throughout the States.''.

     SEC. 2202. SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, AND 
                   TECHNOLOGY.

       (a) Surface Transportation Research, Development, and 
     Technology.--Section 502 of title 23, United States Code, is 
     amended--
       (1) in the section heading by inserting ``, DEVELOPMENT, 
     AND TECHNOLOGY'' after ``SURFACE TRANSPORTATION RESEARCH'';
       (2) in subsection (a)--
       (A) by redesignating paragraphs (1) through (8) as 
     paragraphs (2) through (9), respectively;
       (B) by inserting before paragraph (2) (as redesignated by 
     subparagraph (A)) the following:
       ``(1) Applicability.--The research, development, and 
     technology provisions of this section shall apply throughout 
     this chapter.'';
       (C) in paragraph (2) (as redesignated by subparagraph 
     (A))--
       (i) by inserting ``within the innovation lifecycle'' after 
     ``activities''; and
       (ii) by inserting ``marketing and communications, impact 
     analysis,'' after ``training,'';
       (D) in paragraph (3) (as redesignated by subparagraph 
     (A))--
       (i) in subparagraph (B) by striking ``supports research in 
     which there is a clear public benefit and'' and inserting 
     ``delivers a clear public benefit and occurs where'';
       (ii) in subparagraph (C) by striking ``or'' after the 
     semicolon;
       (iii) by redesignating subparagraph (D) as subparagraph 
     (H); and
       (iv) by inserting after subparagraph (C) the following:
       ``(D) meets and addresses current or emerging needs;
       ``(E) presents the best means to align resources with 
     multiyear plans and priorities;
       ``(F) ensures the coordination of highway research and 
     technology transfer activities, including through activities 
     performed by university transportation centers;
       ``(G) educates current and future transportation 
     professionals; or'';
       (E) in paragraph (4) (as redesignated by subparagraph (A)) 
     by striking subparagraphs (B) through (D) and inserting the 
     following:
       ``(B) partner with State highway agencies and other 
     stakeholders as appropriate, including international 
     entities, to facilitate research and technology transfer 
     activities;
       ``(C) communicate the results of ongoing and completed 
     research;
       ``(D) lead efforts to coordinate national emphasis areas of 
     highway research, technology, and innovation deployment;
       ``(E) leverage partnerships with industry, academia, and 
     international entities; and
       ``(F) conduct, facilitate, and support training and 
     education of current and future transportation 
     professionals.'';
       (F) in paragraph (5)(C) (as redesignated by subparagraph 
     (A)) by striking ``policy and planning'' and inserting ``all 
     highway objectives seeking to improve the performance of the 
     transportation system'';
       (G) in paragraph (6) (as redesignated by subparagraph (A)) 
     in the second sentence, by inserting ``tribal governments,'' 
     after ``local governments,''; and
       (H) in paragraph (8) (as redesignated by subparagraph 
     (A))--
       (i) in the first sentence, by striking ``To the maximum'' 
     and inserting the following:
       ``(A) In general.--To the maximum'';
       (ii) in the second sentence, by striking ``Performance 
     measures'' and inserting the following:
       ``(B) Performance measures.--Performance measures'';
       (iii) in the third sentence, by striking ``All 
     evaluations'' and inserting the following:
       ``(D) Availability of evaluations.--All evaluations under 
     this paragraph''; and
       (iv) by inserting after subparagraph (B) the following:
       ``(C) Program plan.--To the maximum extent practicable, 
     each program pursued under this chapter shall be part of a 
     data-driven, outcome-oriented program plan.'';
       (3) in subsection (b)--
       (A) in paragraph (4) by striking ``surface transportation 
     research and technology development strategic plan developed 
     under section 508'' and inserting ``the transportation 
     research and development strategic plan of the Secretary'';
       (B) in paragraph (5) by striking ``section'' each place it 
     appears and inserting ``chapter'';
       (C) in paragraph (6) by adding at the end the following:
       ``(C) Transfer of amounts among states or to federal 
     highway administration.--The Secretary may, at the request of 
     a State, transfer amounts apportioned or allocated to that 
     State under this chapter to another State or the Federal 
     Highway Administration to fund research, development, and 
     technology transfer activities of mutual interest on a pooled 
     funds basis.
       ``(D) Transfer of obligation authority.--Obligation 
     authority for amounts transferred under this subsection shall 
     be disbursed in the same manner and for the same amount as 
     provided for the project being transferred.''; and
       (D) by adding at the end the following:
       ``(7) Prize competitions.--
       ``(A) In general.--The Secretary may carry out prize 
     competitions to award competitive prizes for surface 
     transportation innovations that have the potential for 
     application to the research and technology objectives and 
     activities of the Federal Highway Administration to improve 
     system performance.
       ``(B) Requirements.--
       ``(i) In general.--The Secretary shall use a competitive 
     process for the selection of prize recipients and shall 
     widely advertise and solicit participation in prize 
     competitions under this paragraph.
       ``(ii) Registration required.--No individual or entity 
     shall participate in a prize competition under this paragraph 
     unless the individual or entity has registered with the 
     Secretary in accordance with the eligibility requirements 
     established by the Secretary under clause (iii).
       ``(iii) Minimum requirements.--The Secretary shall 
     establish eligibility requirements for participation in each 
     prize competition under this paragraph, which, at a minimum, 
     shall--

       ``(I) limit participation in the prize competition to--

       ``(aa) individuals who are citizens of the United States;
       ``(bb) entities organized or existing under the laws of the 
     United States or of a State; and
       ``(cc) entities organized or existing under the laws of a 
     foreign country, if the controlling interest, as defined by 
     the Secretary, is held by an individual or entity described 
     in item (aa) or (bb);

       ``(II) require any individual or entity that registers for 
     a prize competition--

       ``(aa) to assume all risks arising from participation in 
     the competition; and
       ``(bb) to waive all claims against the Federal Government 
     for any damages arising out of participation in the 
     competition, including all claims, whether through negligence 
     or otherwise, except in the case of willful misconduct, for--
       ``(AA) injury, death, damage, or loss of property; or
       ``(BB) loss of revenue or profits, whether direct, 
     indirect, or consequential; and

       ``(III) require any individual or entity that registers for 
     a prize competition to waive all claims against any non-
     Federal entity operating or managing the prize competition, 
     such as a private contractor managing competition activities, 
     to the extent that the Secretary believes is necessary to 
     protect the interests of the Federal Government.

       ``(C) Relationship to other authority.--The Secretary may 
     exercise the authority in this section in conjunction with, 
     or in addition to, any other authority of the Secretary to 
     acquire, support, or stimulate innovations with the potential 
     for application to the Federal highway research technology 
     and education program.'';
       (4) in subsection (c)--
       (A) in paragraph (3)(A)--
       (i) by striking ``subsection'' and inserting ``chapter''; 
     and
       (ii) by striking ``50'' and inserting ``80''; and
       (B) in paragraph (4) by striking ``subsection'' and 
     inserting ``chapter''; and
       (5) by striking subsections (d) through (j).
       (b) Conforming Amendment.--The analysis for chapter 5 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 502 and inserting the following:

``502. Surface transportation research, development, and technology.''.

[[Page S1262]]

     SEC. 2203. RESEARCH AND TECHNOLOGY DEVELOPMENT AND 
                   DEPLOYMENT.

       (a) In General.--Section 503 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec.  503. Research and technology development and 
       deployment

       ``(a) In General.--The Secretary shall--
       ``(1) carry out research, development, and deployment 
     activities that encompass the entire innovation lifecycle; 
     and
       ``(2) ensure that all research carried out under this 
     section aligns with the transportation research and 
     development strategic plan of the Secretary.
       ``(b) Highway Research and Development Program.--
       ``(1) Objectives.--In carrying out the highway research and 
     development program, the Secretary, to address current and 
     emerging highway transportation needs, shall--
       ``(A) identify research topics;
       ``(B) coordinate domestic and international research and 
     development activities;
       ``(C) carry out research, testing, and evaluation 
     activities; and
       ``(D) provide technology transfer and technical assistance.
       ``(2) Contents.--Research and development activities 
     carried out under this section may include any of the 
     following activities:
       ``(A) Improving highway safety.--
       ``(i) In general.--The Secretary shall carry out research 
     and development activities from an integrated perspective to 
     establish and implement systematic measures to improve 
     highway safety.
       ``(ii) Objectives.--In carrying out this subparagraph the 
     Secretary shall carry out research and development 
     activities--

       ``(I) to achieve greater long-term safety gains;
       ``(II) to reduce the number of fatalities and serious 
     injuries on public roads;
       ``(III) to fill knowledge gaps that limit the effectiveness 
     of research;
       ``(IV) to support the development and implementation of 
     State strategic highway safety plans;
       ``(V) to advance improvements in, and use of, performance 
     prediction analysis for decisionmaking; and
       ``(VI) to expand technology transfer to partners and 
     stakeholders.

       ``(iii) Contents.--Research and technology activities 
     carried out under this subparagraph may include--

       ``(I) safety assessments and decisionmaking tools;
       ``(II) data collection and analysis;
       ``(III) crash reduction projections;
       ``(IV) low-cost safety countermeasures;
       ``(V) innovative operational improvements and designs of 
     roadway and roadside features;
       ``(VI) evaluation of countermeasure costs and benefits;
       ``(VII) development of tools for projecting impacts of 
     safety countermeasures;
       ``(VIII) rural road safety measures;
       ``(IX) safety measures for vulnerable road users, including 
     bicyclists and pedestrians;
       ``(X) safety policy studies;
       ``(XI) human factors studies and measures;
       ``(XII) safety technology deployment;
       ``(XIII) safety workforce professional capacity building 
     initiatives;
       ``(XIV) safety program and process improvements; and
       ``(XV) tools and methods to enhance safety performance, 
     including achievement of statewide safety performance 
     targets.

       ``(B) Improving infrastructure integrity.--
       ``(i) In general.--The Secretary shall carry out and 
     facilitate highway and bridge infrastructure research and 
     development activities--

       ``(I) to maintain infrastructure integrity;
       ``(II) to meet user needs; and
       ``(III) to link Federal transportation investments to 
     improvements in system performance.

       ``(ii) Objectives.--In carrying out this subparagraph, the 
     Secretary shall carry out research and development 
     activities--

       ``(I) to reduce the number of fatalities attributable to 
     infrastructure design characteristics and work zones;
       ``(II) to improve the safety and security of highway 
     infrastructure;
       ``(III) to increase the reliability of lifecycle 
     performance predictions used in infrastructure design, 
     construction, and management;
       ``(IV) to improve the ability of transportation agencies to 
     deliver projects that meet expectations for timeliness, 
     quality, and cost;
       ``(V) to reduce user delay attributable to infrastructure 
     system performance, maintenance, rehabilitation, and 
     construction;
       ``(VI) to improve highway condition and performance through 
     increased use of design, materials, construction, and 
     maintenance innovations;
       ``(VII) to reduce the lifecycle environmental impacts of 
     highway infrastructure through innovations in design, 
     construction, operation, preservation, and maintenance; and
       ``(VIII) to study vulnerabilities of the transportation 
     system to seismic activities and extreme events and methods 
     to reduce those vulnerabilities.

       ``(iii) Contents.--Research and technology activities 
     carried out under this subparagraph may include--

       ``(I) long-term infrastructure performance programs 
     addressing pavements, bridges, tunnels, and other structures;
       ``(II) short-term and accelerated studies of infrastructure 
     performance;
       ``(III) research to develop more durable infrastructure 
     materials and systems;
       ``(IV) advanced infrastructure design methods;
       ``(V) accelerated highway and bridge construction;
       ``(VI) performance-based specifications;
       ``(VII) construction and materials quality assurance;
       ``(VIII) comprehensive and integrated infrastructure asset 
     management;
       ``(IX) infrastructure safety assurance;
       ``(X) highway infrastructure security;
       ``(XI) sustainable infrastructure design and construction;
       ``(XII) infrastructure rehabilitation and preservation 
     techniques, including techniques to rehabilitate and preserve 
     historic infrastructure;
       ``(XIII) hydraulic, geotechnical, and aerodynamic aspects 
     of infrastructure;
       ``(XIV) improved highway construction technologies and 
     practices;
       ``(XV) improved tools, technologies, and models for 
     infrastructure management, including assessment and 
     monitoring of infrastructure condition;
       ``(XVI) studies to improve flexibility and resiliency of 
     infrastructure systems to withstand climate variability;
       ``(XVII) studies on the effectiveness of fiber-based 
     additives to improve the durability of surface transportation 
     materials in various geographic regions;
       ``(XVIII) studies of infrastructure resilience and other 
     adaptation measures;
       ``(XIX) maintenance of seismic research activities, 
     including research carried out in conjunction with other 
     Federal agencies to study the vulnerability of the 
     transportation system to seismic activity and methods to 
     reduce that vulnerability; and
       ``(XX) technology transfer and adoption of permeable, 
     pervious, or porous paving materials, practices, and systems 
     that are designed to minimize environmental impacts, storm 
     water runoff, and flooding and to treat or remove pollutants 
     by allowing storm water to infiltrate through the pavement in 
     a manner similar to predevelopment hydrologic conditions.

       ``(iv) Lifecycle costs analysis study.--

       ``(I) In general.--In this clause, the term `lifecycle 
     costs analysis' means a process for evaluating the total 
     economic worth of a usable project segment by analyzing 
     initial costs and discounted future costs, such as 
     maintenance, user, reconstruction, rehabilitation, restoring, 
     and resurfacing costs, over the life of the project segment.
       ``(II) Study.--The Comptroller General shall conduct a 
     study of the best practices for calculating lifecycle costs 
     for federally funded highway projects. At a minimum, this 
     study shall include a thorough literature review and a survey 
     of current lifecycle cost practices of State departments of 
     transportation.
       ``(III) Consultation.--In carrying out this study, the 
     Comptroller shall consult with, at a minimum--

       ``(aa) the American Association of State Highway and 
     Transportation Officials;
       ``(bb) appropriate experts in the field of lifecycle cost 
     analysis; and
       ``(cc) appropriate industry experts and research centers.

       ``(IV) Report.--Not later than 1 year after the date of 
     enactment of the MAP-21, the Comptroller General shall submit 
     to the Committee on Environment and Public Works of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on the results of 
     the study which shall include, but is not limited to--

       ``(aa) a summary of the latest research on lifecycle cost 
     analysis; and
       ``(bb) recommendations on the appropriate--
       ``(AA) period of analysis;
       ``(BB) design period;
       ``(CC) discount rates; and
       ``(DD) use of actual material life and maintenance cost 
     data.
       ``(C) Strengthening transportation planning and 
     environmental decisionmaking.--
       ``(i) In general.--The Secretary shall carry out research--

       ``(I) to improve transportation planning and environmental 
     decisionmaking processes; and
       ``(II) to minimize the impact of surface transportation on 
     the environment and quality of life.

       ``(ii) Objectives.--In carrying out this subparagraph the 
     Secretary shall carry out research and development 
     activities--

       ``(I) to reduce the impact of highway infrastructure and 
     operations on the natural and human environment;
       ``(II) to advance improvements in environmental analyses 
     and processes and context sensitive solutions for 
     transportation decisionmaking;
       ``(III) to improve construction techniques;
       ``(IV) to accelerate construction to reduce congestion and 
     related emissions;
       ``(V) to reduce the impact of highway runoff on the 
     environment;
       ``(VI) to maintain sustainability of biological communities 
     and ecosystems adjacent to highway corridors;
       ``(VII) to improve understanding and modeling of the 
     factors that contribute to the demand for transportation;
       ``(VIII) to improve transportation planning decisionmaking 
     and coordination; and
       ``(IX) to reduce the environmental impacts of freight 
     movement.

[[Page S1263]]

       ``(iii) Contents.--Research and technology activities 
     carried out under this subparagraph may include--

       ``(I) creation of models and tools for evaluating 
     transportation measures and transportation system designs;
       ``(II) congestion reduction efforts;
       ``(III) transportation and economic development planning in 
     rural areas and small communities;
       ``(IV) improvement of State, local, and tribal capabilities 
     relating to surface transportation planning and the 
     environment;
       ``(V) environmental stewardship and sustainability 
     activities;
       ``(VI) streamlining of project delivery processes;
       ``(VII) development of effective strategies and techniques 
     to analyze and minimize impacts to the natural and human 
     environment and provide environmentally beneficial 
     mitigation;
       ``(VIII) comprehensive multinational planning;
       ``(IX) multistate transportation corridor planning;
       ``(X) improvement of transportation choices, including 
     walking, bicycling, and linkages to public transportation;
       ``(XI) ecosystem sustainability;
       ``(XII) wildlife and plant population connectivity and 
     interaction across and along highway corridors;
       ``(XIII) analysis, measurement, and reduction of air 
     pollution from transportation sources;
       ``(XIV) advancement in the understanding of health impact 
     analyses in transportation planning and project development;
       ``(XV) transportation planning professional development;
       ``(XVI) research on improving the cooperation and 
     integration of transportation planning with other regional 
     plans, including land use, energy, water infrastructure, 
     economic development, and housing plans; and
       ``(XVII) reducing the environmental impacts of freight 
     movement.

       ``(D) Reducing congestion, improving highway operations, 
     and enhancing freight productivity.--
       ``(i) In general.--The Secretary shall carry out research 
     under this subparagraph with the goals of--

       ``(I) addressing congestion problems;
       ``(II) reducing the costs of congestion;
       ``(III) improving freight movement;
       ``(IV) increasing productivity; and
       ``(V) improving the economic competitiveness of the United 
     States.

       ``(ii) Objectives.--In carrying out this subparagraph, the 
     Secretary shall carry out research and development activities 
     to identify, develop, and assess innovations that have the 
     potential--

       ``(I) to reduce traffic congestion;
       ``(II) to improve freight movement; and
       ``(III) to reduce freight-related congestion throughout the 
     transportation network.

       ``(iii) Contents.--Research and technology activities 
     carried out under this subparagraph may include--

       ``(I) active traffic and demand management;
       ``(II) acceleration of the implementation of Intelligent 
     Transportation Systems technology;
       ``(III) advanced transportation concepts and analysis;
       ``(IV) arterial management and traffic signal operation;
       ``(V) congestion pricing;
       ``(VI) corridor management;
       ``(VII) emergency operations;
       ``(VIII) research relating to enabling technologies and 
     applications;
       ``(IX) freeway management;
       ``(X) evaluation of enabling technologies;
       ``(XI) freight industry professional development;
       ``(XII) impacts of vehicle size and weight on congestion;
       ``(XIII) freight operations and technology;
       ``(XIV) operations and freight performance measurement and 
     management;
       ``(XV) organization and planning for operations;
       ``(XVI) planned special events management;
       ``(XVII) real-time transportation information;
       ``(XVIII) road weather management;
       ``(XIX) traffic and freight data and analysis tools;
       ``(XX) traffic control devices;
       ``(XXI) traffic incident management;
       ``(XXII) work zone management;
       ``(XXIII) communication of travel, roadway, and emergency 
     information to persons with disabilities; and
       ``(XXIV) research on enhanced mode choice and intermodal 
     connectivity.

       ``(E) Assessing policy and system financing alternatives.--
       ``(i) In general.--The Secretary shall carry out research 
     and technology on emerging issues in the domestic and 
     international transportation community from a policy 
     perspective.
       ``(ii) Objectives.--Research and technology activities 
     carried out under this subparagraph shall provide information 
     to policy and decisionmakers on current and emerging 
     transportation issues.
       ``(iii) Research activities.--Activities carried out under 
     this subparagraph shall include--

       ``(I) the planning and integration of a coordinated program 
     related to the possible design, interoperability, and 
     institutional roles of future sustainable transportation 
     revenue mechanisms;
       ``(II) field trials to research potential alternative 
     revenue mechanisms, and the Secretary may partner with 
     individual States, groups of States, or other entities to 
     implement such trials; and
       ``(III) other activities to study new methods which 
     preserve a user-fee structure to maintain the long-term 
     solvency of the Highway Trust Fund.

       ``(iv) Contents.--Research and technology activities 
     carried out under this subparagraph may include--

       ``(I) highway needs and investment analysis;
       ``(II) a motor fuel tax evasion program;
       ``(III) advancing innovations in revenue generation, 
     financing, and procurement for project delivery;
       ``(IV) improving the accuracy of project cost analyses;
       ``(V) highway performance measurement;
       ``(VI) travel demand performance measurement;
       ``(VII) highway finance performance measurement;
       ``(VIII) international technology exchange initiatives;
       ``(IX) infrastructure investment needs reports;
       ``(X) promotion of the technologies, products, and best 
     practices of the United States; and
       ``(XI) establishment of partnerships among the United 
     States, foreign agencies, and transportation experts.

       ``(v) Funding.--Of the funds authorized to carry out this 
     subsection, no less than 50 percent shall be used to carry 
     out clause (iii).
       ``(F) Infrastructure investment needs report.--
       ``(i) In general.--Not later than July 31, 2012, and July 
     31 of every second year thereafter, the Secretary shall 
     submit to the Committee on Transportation and Infrastructure 
     of the House of Representatives and the Committee on 
     Environment and Public Works of the Senate a report that 
     describes estimates of the future highway and bridge needs of 
     the United States and the backlog of current highway and 
     bridge needs.
       ``(ii) Comparisons.--Each report under clause (i) shall 
     include all information necessary to relate and compare the 
     conditions and service measures used in the previous biennial 
     reports to conditions and service measures used in the 
     current report.
       ``(iii) Inclusions.--Each report under clause (i) shall 
     provide recommendations to Congress on changes to the Highway 
     Performance Monitoring System that address--

       ``(I) improvements to the quality and standardization of 
     data collection on all functional classifications of Federal-
     aid highways for accurate system length, lane length, and 
     vehicle-mile of travel; and
       ``(II) changes to the reporting requirements authorized 
     under section 315, to reflect recommendations under this 
     paragraph for collection, storage, analysis, reporting, and 
     display of data for Federal-aid highways and, to the maximum 
     extent practical, all public roads.

       ``(G) Exploring next generation solutions and capitalizing 
     on the highway research center.--
       ``(i) In general.--The Secretary shall carry out research 
     and development activities relating to exploratory advanced 
     research--

       ``(I) to leverage the targeted capabilities of the Turner-
     Fairbank Highway Research Center to develop technologies and 
     innovations of national importance; and
       ``(II) to develop potentially transformational solutions to 
     improve the durability, efficiency, environmental impact, 
     productivity, and safety aspects of highway and intermodal 
     transportation systems.

       ``(ii) Contents.--Research and technology activities 
     carried out under this subparagraph may include--

       ``(I) long-term, high-risk research to improve the 
     materials used in highway infrastructure;
       ``(II) exploratory research to assess the effects of 
     transportation decisions on human health;
       ``(III) advanced development of surrogate measures for 
     highway safety;
       ``(IV) transformational research to affect complex 
     environmental and highway system relationships;
       ``(V) development of economical and environmentally 
     sensitive designs, efficient and quality-controlled 
     construction practices, and durable materials;
       ``(VI) development of advanced data acquisition techniques 
     for system condition and performance monitoring;
       ``(VII) inclusive research for hour-to-hour operational 
     decisionmaking and simulation forecasting;
       ``(VIII) understanding current and emerging phenomena to 
     inform next generation transportation policy decisionmaking; 
     and
       ``(IX) continued improvement and advancement of the Turner-
     Fairbank Highway Research Center.

       ``(H) Aligning national challenges and disseminating 
     information.--
       ``(i) In general.--The Secretary shall conduct research and 
     development activities--

       ``(I) to establish a nationally coordinated highway 
     research agenda that--

       ``(aa) focuses on topics of national significance;
       ``(bb) addresses current gaps in research;
       ``(cc) encourages collaboration;
       ``(dd) reduces unnecessary duplication of effort; and
       ``(ee) accelerates innovation delivery; and

[[Page S1264]]

       ``(II) to provide relevant information to researchers and 
     highway and transportation practitioners to improve the 
     performance of the transportation system.

       ``(ii) Contents.--Research and technology activities 
     carried out under this subparagraph may include--

       ``(I) coordination, development, and implementation of a 
     national highway research agenda;
       ``(II) collaboration on national emphasis areas of highway 
     research and coordination among international, Federal, 
     State, and university research programs;
       ``(III) development and delivery of research reports and 
     innovation delivery messages;
       ``(IV) identification of market-ready technologies and 
     innovations; and
       ``(V) provision of access to data developed under this 
     subparagraph to the public, including researchers, 
     stakeholders, and customers, through a publicly accessible 
     Internet site.

       ``(I) High-risk rural roads best practices.--
       ``(i) Study.--

       ``(I) In general.--The Secretary shall conduct a study of 
     the best practices for implementing cost-effective roadway 
     safety infrastructure improvements on high-risk rural roads.
       ``(II) Methodology.--In carrying out the study, the 
     Secretary shall--

       ``(aa) conduct a thorough literature review;
       ``(bb) survey current practices of State departments of 
     transportation; and
       ``(cc) survey current practices of local units of 
     government, as appropriate.

       ``(III) Consultation.--In carrying out the study, the 
     Secretary shall consult with--

       ``(aa) State departments of transportation;
       ``(bb) county engineers and public works professionals;
       ``(cc) appropriate local officials; and
       ``(dd) appropriate private sector experts in the field of 
     roadway safety infrastructure.
       ``(ii) Report.--

       ``(I) In general.--Not later than 1 year after the date of 
     enactment of the MAP 21, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report on the results of the 
     study.
       ``(II) Contents.--The report shall include--

       ``(aa) a summary of cost-effective roadway safety 
     infrastructure improvements;
       ``(bb) a summary of the latest research on the financial 
     savings and reduction in fatalities and serious bodily injury 
     crashes from the implementation of cost-effective roadway 
     safety infrastructure improvements; and
       ``(cc) recommendations for State and local governments on 
     best practice methods to install cost-effective roadway 
     safety infrastructure on high-risk rural roads.
       ``(iii) Manual.--

       ``(I) Development.--Based on the results of the study under 
     clause (ii), the Secretary, in consultation with the 
     individuals and entities described in clause (i)(III), shall 
     develop a best practices manual to support Federal, State, 
     and local efforts to reduce fatalities and serious bodily 
     injury crashes on high-risk rural roads through the use of 
     cost-effective roadway safety infrastructure improvements.
       ``(II) Availability.--The manual shall be made available to 
     State and local governments not later than 180 days after the 
     date of submission of the report under clause (ii).
       ``(III) Contents.--The manual shall include, at a minimum, 
     a list of cost-effective roadway safety infrastructure 
     improvements and best practices on the installation of cost-
     effective roadway safety infrastructure improvements on high-
     risk rural roads.
       ``(IV) Use of manual.--Use of the manual shall be voluntary 
     and the manual shall not establish any binding standards or 
     legal duties on State or local governments, or any other 
     person.

       ``(c) Technology and Innovation Deployment Program.--
       ``(1) In general.--The Secretary shall carry out a 
     technology and innovation deployment program relating to all 
     aspects of highway transportation, including planning, 
     financing, operation, structures, materials, pavements, 
     environment, construction, and the duration of time between 
     project planning and project delivery, with the goals of--
       ``(A) significantly accelerating the adoption of innovative 
     technologies by the surface transportation community;
       ``(B) providing leadership and incentives to demonstrate 
     and promote state-of-the-art technologies, elevated 
     performance standards, and new business practices in highway 
     construction processes that result in improved safety, faster 
     construction, reduced congestion from construction, and 
     improved quality and user satisfaction;
       ``(C) constructing longer-lasting highways through the use 
     of innovative technologies and practices that lead to faster 
     construction of efficient and safe highways and bridges;
       ``(D) improving highway efficiency, safety, mobility, 
     reliability, service life, environmental protection, and 
     sustainability; and
       ``(E) developing and deploying new tools, techniques, and 
     practices to accelerate the adoption of innovation in all 
     aspects of highway transportation.
       ``(2) Implementation.--
       ``(A) In general.--The Secretary shall promote, facilitate, 
     and carry out the program established under paragraph (1) to 
     distribute the products, technologies, tools, methods, or 
     other findings that result from highway research and 
     development activities, including research and development 
     activities carried out under this chapter.
       ``(B) Accelerated innovation deployment.--In carrying out 
     the program established under paragraph (1), the Secretary 
     shall--
       ``(i) establish and carry out demonstration programs;
       ``(ii) provide incentives, technical assistance, and 
     training to researchers and developers; and
       ``(iii) develop improved tools and methods to accelerate 
     the adoption of proven innovative practices and technologies 
     as standard practices.
       ``(C) Implementation of future strategic highway research 
     program findings and results.--
       ``(i) In general.--The Secretary, in consultation with the 
     American Association of State Highway and Transportation 
     Officials and the Transportation Research Board of the 
     National Academy of Sciences, shall implement the findings 
     and recommendations developed under the future strategic 
     highway research program established under section 510.
       ``(ii) Basis for findings.--The activities carried out 
     under this subparagraph shall be based on the report 
     submitted to Congress by the Transportation Research Board of 
     the National Academy of Sciences under section 510(e).
       ``(iii) Personnel.--The Secretary may use funds made 
     available to carry out this subsection for administrative 
     costs under this subparagraph, which funds shall be used in 
     addition to any other funds made available for that purpose.
       ``(iv) Fees.--

       ``(I) In general.--The Secretary may impose and collect 
     fees to recover costs associated with special data or 
     analysis requests relating to safety naturalistic driving 
     databases developed under the future of strategic highway 
     research program.
       ``(II) Use of fee amounts.--

       ``(aa) In general.--Any fees collected under this clause 
     shall be made available to the Secretary to carry out this 
     section and shall remain available for expenditure until 
     expended.
       ``(bb) Supplement, not supplant.--Any fee amounts collected 
     under this clause shall supplement, but not supplant, amounts 
     made available to the Secretary to carry out this title.
       ``(d) Air Quality and Congestion Mitigation Measure 
     Outcomes Assessment Research.--
       ``(1) In general.--The Secretary, in consultation with the 
     Administrator of the Environmental Protection Agency, shall 
     carry out a research program to examine the outcomes of 
     actions funded under the congestion mitigation and air 
     quality improvement program since the enactment of the 
     SAFETEA-LU (Public Law 109 59).
       ``(2) Goals.--The goals of the program shall include--
       ``(A) the assessment and documentation, through outcomes 
     research conducted on a representative sample of cases, of--
       ``(i) the emission reductions achieved by federally 
     supported surface transportation actions intended to reduce 
     emissions or lessen traffic congestion; and
       ``(ii) the air quality and human health impacts of those 
     actions, including potential unrecognized or indirect 
     consequences, attributable to those actions;
       ``(B) an expanded base of empirical evidence on the air 
     quality and human health impacts of actions described in 
     paragraph (1); and
       ``(C) an increase in knowledge of--
       ``(i) the factors determining the air quality and human 
     health changes associated with transportation emission 
     reduction actions; and
       ``(ii) other information to more accurately understand the 
     validity of current estimation and modeling routines and ways 
     to improve those routines.
       ``(3) Administrative elements.--To carry out this 
     subsection, the Secretary shall--
       ``(A) make a grant for the coordination, selection, 
     management, and reporting of component studies to an 
     independent scientific research organization with the 
     necessary experience in successfully conducting 
     accountability and other studies on mobile source air 
     pollutants and associated health effects;
       ``(B) ensure that case studies are identified and conducted 
     by teams selected through a competitive solicitation overseen 
     by an independent committee of unbiased experts; and
       ``(C) ensure that all findings and reports are peer-
     reviewed and published in a form that presents the findings 
     together with reviewer comments.
       ``(4) Report.--The Secretary shall submit to the Committee 
     on Environment and Public Works of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives--
       ``(A) not later than 1 year after the date of enactment of 
     the MAP 21, and for the following year, a report providing an 
     initial scoping and plan, and status updates, respectively, 
     for the program under this subsection; and
       ``(B) not later than 2 years after the date of enactment of 
     the MAP 21, a final report that describes the findings of, 
     and recommendations resulting from, the program under this 
     subsection.
       ``(5) Funding.--Of the amounts made available to carry out 
     this section, the Secretary

[[Page S1265]]

     shall make available to carry out this subsection not more 
     than $1,000,000 for each fiscal year.''.
       (b) Conforming Amendment.--The analysis for chapter 5 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 503 and inserting the following:

``503. Research and technology development and deployment.''.

     SEC. 2204. TRAINING AND EDUCATION.

       Section 504 of title 23, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(A) by inserting ``and the employees of 
     any other applicable Federal agency'' before the semicolon at 
     the end;
       (B) in paragraph (3)(A)(ii)(V) by striking ``expediting'' 
     and inserting ``reducing the amount of time required for'';
       (C) by striking paragraph (4);
       (D) by redesignating paragraphs (5) through (8) as 
     paragraphs (4) through (7), respectively; and
       (E) in paragraph (7) (as redesignated by subparagraph (D)) 
     by striking ``paragraph (7)'' and inserting ``paragraph 
     (6)'';
       (2) in subsection (b) by striking paragraph (3) and 
     inserting the following:
       ``(3) Federal share.--
       ``(A) Local technical assistance centers.--
       ``(i) In general.--Subject to subparagraph (B), the Federal 
     share of the cost of an activity carried out by a local 
     technical assistance center under paragraphs (1) and (2) 
     shall be 50 percent.
       ``(ii) Non-federal share.--The non-Federal share of the 
     cost of an activity described in clause (i) may consist of 
     amounts provided to a recipient under subsection (e) or 
     section 505, up to 100 percent of the non-Federal share.
       ``(B) Tribal technical assistance centers.--The Federal 
     share of the cost of an activity carried out by a tribal 
     technical assistance center under paragraph (2)(D)(ii) shall 
     be 100 percent.'';
       (3) in subsection (c)(2)--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(A) In general.--The Secretary'';
       (B) in subparagraph (A) (as designated by subparagraph (A)) 
     by striking ``. The program'' and inserting ``, which 
     program''; and
       (C) by adding at the end the following:
       ``(B) Use of amounts.--Amounts provided to institutions of 
     higher education to carry out this paragraph shall be used to 
     provide direct support of student expenses.'';
       (4) in subsection (e)(1)--
       (A) in the matter preceding subparagraph (A) by striking 
     ``sections 104(b)(1), 104(b)(2), 104(b)(3), 104(b)(4), and 
     144(e)'' and inserting ``paragraphs (1) through (4) of 
     section 104(b)'';
       (B) in subparagraph (D) by striking ``and'' at the end;
       (C) in subparagraph (E) by striking the period and 
     inserting a semicolon; and
       (D) by adding at the end the following:
       ``(F) meetings of transportation professionals that include 
     education and professional development activities;
       ``(G) activities carried out by the National Highway 
     Institute under subsection (a); and
       ``(H) local technical assistance programs under subsection 
     (b).'';
       (5) in subsection (f) in the heading, by striking 
     ``PILOT'';
       (6) in subsection (g)(4)(F) by striking ``excellence'' and 
     inserting ``stewardship''; and
       (7) by adding at the end the following:
       ``(h) Centers for Surface Transportation Excellence.--
       ``(1) In general.--The Secretary may make grants under this 
     section to establish and maintain centers for surface 
     transportation excellence.
       ``(2) Goals.--The goals of a center referred to in 
     paragraph (1) shall be to promote and support strategic 
     national surface transportation programs and activities 
     relating to the work of State departments of transportation 
     in the areas of environment, surface transportation safety, 
     rural safety, and project finance.''.

     SEC. 2205. STATE PLANNING AND RESEARCH.

       Section 505 of title 23, United States Code, is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1) by striking 
     ``section 104 (other than sections 104(f) and 104(h)) and 
     under section 144'' and inserting ``paragraphs (1) through 
     (5) of section 104(b)''; and
       (B) in paragraph (3) by striking ``under section 303'' and 
     inserting ``, plans, and processes under sections 119, 148, 
     149, and 167'';
       (2) in subsection (b)--
       (A) in paragraph (1) by striking ``25'' and inserting 
     ``24''; and
       (B) in paragraph (2) by striking ``75 percent of the funds 
     described in paragraph (1)'' and inserting ``70 percent of 
     the funds described in subsection (a)'';
       (3) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively;
       (4) by inserting after subsection (b) the following:
       ``(c) Implementation of Future Strategic Highway Research 
     Program Findings and Results.--
       ``(1) Funds.--Not less than 6 percent of the funds subject 
     to subsection (a) that are apportioned to a State for a 
     fiscal year shall be made available to the Secretary to carry 
     out section 503(c)(2)(C).
       ``(2) Treatment of funds.--Funds expended under paragraph 
     (1) shall not be considered to be part of the extramural 
     budget of the agency for the purpose of section 9 of the 
     Small Business Act (15 U.S.C. 638).''; and
       (5) in paragraph (e) (as so redesignated) by striking 
     ``section 118(b)(2)'' and inserting ``section 118(b)''.

     SEC. 2206. INTERNATIONAL HIGHWAY TRANSPORTATION PROGRAM.

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

     SEC. 2207. SURFACE TRANSPORTATION ENVIRONMENTAL COOPERATIVE 
                   RESEARCH PROGRAM.

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

     SEC. 2208. NATIONAL COOPERATIVE FREIGHT RESEARCH.

       Section 509(d) of title 23, United States Code, is amended 
     by adding at the end the following:
       ``(6) Coordination of cooperative research.--The National 
     Academy of Sciences shall coordinate research agendas, 
     research project selections, and competitions across all 
     transportation-related cooperative research programs carried 
     out by the National Academy of Sciences to ensure program 
     efficiency, effectiveness, and the dissemination of research 
     findings.''.

     SEC. 2209. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.

       (a) In General.--Section 5505 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec.  5505. University transportation centers program

       ``(a) University Transportation Centers Program.--
       ``(1) Establishment and operation.--The Secretary shall 
     make grants under this section to eligible nonprofit 
     institutions of higher education to establish and operate 
     university transportation centers.
       ``(2) Role of centers.--The role of each university 
     transportation center referred to in paragraph (1) shall be--
       ``(A) to advance transportation expertise and technology in 
     the varied disciplines that comprise the field of 
     transportation through education, research, and technology 
     transfer activities;
       ``(B) to provide for a critical transportation knowledge 
     base outside of the Department of Transportation; and
       ``(C) to address critical workforce needs and educate the 
     next generation of transportation leaders.
       ``(b) Competitive Selection Process.--
       ``(1) Applications.--To receive a grant under this section, 
     a nonprofit institution of higher education shall submit to 
     the Secretary an application that is in such form and 
     contains such information as the Secretary may require.
       ``(2) General selection criteria.--
       ``(A) In general.--Except as otherwise provided by this 
     section, the Secretary shall award grants under this section 
     in nonexclusive candidate topic areas established by the 
     Secretary that address the research priorities identified in 
     section 503 of title 23.
       ``(B) Criteria.--The Secretary, in conjunction with the 
     Administrators of the Federal Highway Administration and the 
     Federal Transit Administration, shall select each recipient 
     of a grant under this section through a competitive process 
     based on the assessment of the Secretary relating to--
       ``(i) the demonstrated ability of the recipient to address 
     each specific topic area described in the research and 
     strategic plans of the recipient;
       ``(ii) the demonstrated research, technology transfer, and 
     education resources available to the recipient to carry out 
     this section;
       ``(iii) the ability of the recipient to provide leadership 
     in solving immediate and long-range national and regional 
     transportation problems;
       ``(iv) the ability of the recipient to carry out research, 
     education, and technology transfer activities that are 
     multimodal and multidisciplinary in scope;
       ``(v) the demonstrated commitment of the recipient to carry 
     out transportation workforce development programs through--

       ``(I) degree-granting programs;
       ``(II) training seminars for practicing professionals;
       ``(III) outreach activities to attract new entrants into 
     the transportation field, including women, minorities, and 
     persons from disadvantaged communities; and
       ``(IV) primary and secondary school transportation 
     workforce outreach;

       ``(vi) the demonstrated ability of the recipient to 
     disseminate results and spur the implementation of 
     transportation research and education programs through 
     national or statewide continuing education programs;
       ``(vii) the demonstrated commitment of the recipient to the 
     use of peer review principles and other research best 
     practices in the selection, management, and dissemination of 
     research projects;
       ``(viii) the strategic plan submitted by the recipient 
     describing the proposed research to be carried out by the 
     recipient and the performance metrics to be used in assessing 
     the performance of the recipient in meeting the stated 
     research, technology transfer, education, and outreach goals; 
     and
       ``(ix) the ability of the recipient to implement the 
     proposed program in a cost-efficient manner, such as through 
     cost sharing and overall reduced overhead, facilities, and 
     administrative costs.
       ``(c) Grants.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the MAP-21,

[[Page S1266]]

     the Secretary, in conjunction with the Administrators of the 
     Federal Highway Administration and the Federal Transit 
     Administration, shall select grant recipients under 
     subsection (b) and make grant amounts available to the 
     selected recipients.
       ``(2) Tier 1 university transportation centers.--
       ``(A) In general.--For each of fiscal years 2012 and 2013 
     and subject to subparagraph (B), the Secretary shall provide 
     grants to not more than 15 recipients that the Secretary 
     determines best meet the criteria described in subsection 
     (b)(2).
       ``(B) Restrictions.--
       ``(i) In general.--For each fiscal year, a grant made 
     available under this paragraph shall not exceed $3,500,000 
     per recipient.
       ``(ii) Focused research.--At least 2 of the recipients 
     awarded a grant under this paragraph shall have expertise in, 
     and focus research on, public transportation issues.
       ``(C) Matching requirement.--
       ``(i) In general.--As a condition of receiving a grant 
     under this paragraph, a grant recipient shall match 100 
     percent of the amounts made available under the grant.
       ``(ii) Sources.--The matching amounts referred to in clause 
     (i) may include amounts made available to the recipient 
     under--

       ``(I) section 504(b) or 505 of title 23; and
       ``(II) subject to prior approval by the Secretary, a 
     transportation-related grant from the National Science 
     Foundation.

       ``(3) Tier 2 university transportation centers.--
       ``(A) In general.--For each of fiscal years 2012 and 2013, 
     the Secretary shall provide grants of not more than 
     $2,000,000 each to not more than 20 recipients to carry out 
     this section.
       ``(B) Restriction.--A grant recipient under paragraph (2) 
     shall not be eligible to receive a grant under this 
     paragraph.
       ``(C) Matching requirement.--
       ``(i) In general.--As a condition of receiving a grant 
     under this paragraph, a grant recipient shall match 50 
     percent of the amounts made available under the grant.
       ``(ii) Sources.--The matching amounts referred to in clause 
     (i) may include amounts made available to the recipient 
     under--

       ``(I) section 504(b) or 505 of title 23; and
       ``(II) subject to prior approval by the Secretary, a 
     transportation-related grant from the National Science 
     Foundation.

       ``(D) Focused research.--In awarding grants under this 
     paragraph, consideration shall be given to minority 
     institutions, as defined by section 365(3) of the Higher 
     Education Act (20 U.S.C. Sec. 1067k), or consortia that 
     include such institutions that have demonstrated an ability 
     in transportation-related research . The requirements of 
     subsection (c)(3)(C) shall not apply upon demonstration of 
     financial hardship by the applicant institution.
       ``(d) Program Coordination.--
       ``(1) In general.--The Secretary shall--
       ``(A) coordinate the research, education, and technology 
     transfer activities carried out by grant recipients under 
     this section; and
       ``(B) disseminate the results of that research through the 
     establishment and operation of an information clearinghouse.
       ``(2) Annual review and evaluation.--Not less frequently 
     than annually, and consistent with the plan developed under 
     section 508 of title 23, the Secretary shall review and 
     evaluate the programs carried out under this section by grant 
     recipients.
       ``(3) Program evaluation and oversight.--For each of fiscal 
     years 2012 and 2013, the Secretary shall expend not more than 
     1\1/2\ percent of the amounts made available to the Secretary 
     to carry out this section for any coordination, evaluation, 
     and oversight activities of the Secretary under this section 
     and section 5506.
       ``(e) Limitation on Availability of Amounts.--Amounts made 
     available to the Secretary to carry out this section shall 
     remain available for obligation by the Secretary for a period 
     of 3 years after the last day of the fiscal year for which 
     the amounts are appropriated.
       ``(f) Information Collection.--Any survey, questionnaire, 
     or interview that the Secretary determines to be necessary to 
     carry out reporting requirements relating to any program 
     assessment or evaluation activity under this section, 
     including customer satisfaction assessments, shall not be 
     subject to chapter 35 of title 44.''.
       (b) Conforming Amendment.--The analysis for chapter 55 of 
     title 49, United States Code, is amended by striking the item 
     relating to section 5505 and inserting the following:

``Sec. 5505. University transportation centers program.''.

     SEC. 2210. BUREAU OF TRANSPORTATION STATISTICS.

       (a) In General.--Subtitle III of title 49, United States 
     Code, is amended by adding at the end the following:

           ``CHAPTER 63--BUREAU OF TRANSPORTATION STATISTICS

``6301. Definitions.
``6302. Bureau of Transportation Statistics.
``6303. Intermodal transportation database.
``6304. National transportation library.
``6305. Advisory council on transportation statistics.
``6306. Transportation statistical collection, analysis, and 
              dissemination.
``6307. Furnishing of information, data, or reports by Federal 
              agencies.
``6308. Proceeds of data product sales.
``6309. Information collection.
``6310. National transportation atlas database.
``6311. Limitations on statutory construction.
``6312. Research and development grants.
``6313. Transportation statistics annual report.
``6314. Mandatory response authority for freight data collection.

     ``Sec.  6301. Definitions.

       ``In this chapter, the following definitions apply:
       ``(1) Bureau.--The term `Bureau' means the Bureau of 
     Transportation Statistics established by section 6302(a).
       ``(2) Department.--The term `Department' means the 
     Department of Transportation.
       ``(3) Director.--The term `Director' means the Director of 
     the Bureau.
       ``(4) Library.--The term `Library' means the National 
     Transportation Library established by section 6304(a).
       ``(5) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.

     ``Sec.  6302. Bureau of Transportation Statistics.

       ``(a) Establishment.--There is established in the Research 
     and Innovative Technology Administration the Bureau of 
     Transportation Statistics.
       ``(b) Director.--
       ``(1) Appointment.--The Bureau shall be headed by a 
     Director, who shall be appointed in the competitive service 
     by the Secretary.
       ``(2) Qualifications.--The Director shall be appointed from 
     among individuals who are qualified to serve as the Director 
     by virtue of training and experience in the collection, 
     analysis, and use of transportation statistics.
       ``(3) Duties.--
       ``(A) In general.--The Director shall--
       ``(i) serve as the senior advisor to the Secretary on data 
     and statistics; and
       ``(ii) be responsible for carrying out the duties described 
     in subparagraph (B).
       ``(B) Duties.--The Director shall--
       ``(i) ensure that the statistics compiled under clause (vi) 
     are designed to support transportation decisionmaking by--

       ``(I) the Federal Government;
       ``(II) State and local governments;
       ``(III) metropolitan planning organizations;
       ``(IV) transportation-related associations;
       ``(V) the private sector, including the freight community; 
     and
       ``(VI) the public;

       ``(ii) establish on behalf of the Secretary a program--

       ``(I) to effectively integrate safety data across modes; 
     and
       ``(II) to address gaps in existing Department safety data 
     programs;

       ``(iii) work with the operating administrations of the 
     Department--

       ``(I) to establish and implement the data programs of the 
     Bureau; and
       ``(II) to improve the coordination of information 
     collection efforts with other Federal agencies;

       ``(iv) evaluate and update as necessary surveys and data 
     collection methods of the Department on a continual basis to 
     improve the accuracy and utility of transportation 
     statistics;
       ``(v) encourage the standardization of data, data 
     collection methods, and data management and storage 
     technologies for data collected by--

       ``(I) the Bureau;
       ``(II) the operating administrations of the Department;
       ``(III) State and local governments;
       ``(IV) metropolitan planning organizations; and
       ``(V) private sector entities;

       ``(vi) collect, compile, analyze, and publish a 
     comprehensive set of transportation statistics on the 
     performance and impacts of the national transportation 
     system, including statistics on--

       ``(I) transportation safety across all modes and 
     intermodally;
       ``(II) the state of good repair of United States 
     transportation infrastructure;
       ``(III) the extent, connectivity, and condition of the 
     transportation system, building on the national 
     transportation atlas database developed under section 6310;
       ``(IV) economic efficiency across the entire transportation 
     sector;
       ``(V) the effects of the transportation system on global 
     and domestic economic competitiveness;
       ``(VI) demographic, economic, and other variables 
     influencing travel behavior, including choice of 
     transportation mode and goods movement;
       ``(VII) transportation-related variables that influence the 
     domestic economy and global competitiveness;
       ``(VIII) economic costs and impacts for passenger travel 
     and freight movement;
       ``(IX) intermodal and multimodal passenger movement;
       ``(X) intermodal and multimodal freight movement; and
       ``(XI) consequences of transportation for the human and 
     natural environment;

       ``(vii) build and disseminate the transportation layer of 
     the National Spatial Data Infrastructure developed under 
     Executive Order 12906 (59 Fed. Reg. 17671) (or a successor 
     Executive Order), including by coordinating the development 
     of transportation geospatial data standards, compiling 
     intermodal geospatial data, and collecting geospatial data 
     that is not being collected by other entities;
       ``(viii) issue guidelines for the collection of information 
     by the Department that the Director determines necessary to 
     develop

[[Page S1267]]

     transportation statistics and carry out modeling, economic 
     assessment, and program assessment activities to ensure that 
     the information is accurate, reliable, relevant, uniform, and 
     in a form that permits systematic analysis by the Department;
       ``(ix) review and report to the Secretary on the sources 
     and reliability of--

       ``(I) the statistics proposed by the heads of the operating 
     administrations of the Department to measure outputs and 
     outcomes as required under the Government Performance and 
     Results Act of 1993 (Public Law 103 62;107 Stat. 285); and
       ``(II) at the request of the Secretary, any other data 
     collected or statistical information published by the heads 
     of the operating administrations of the Department; and

       ``(x) ensure that the statistics published under this 
     section are readily accessible to the public.
       ``(c) Access to Federal Data.--In carrying out subsection 
     (b)(3)(B)(ii), the Director shall be given access to all 
     safety data that the Director determines necessary to carry 
     out that subsection that is held by the Department or any 
     other Federal agency.

     ``Sec.  6303. Intermodal transportation database

       ``(a) In General.--In consultation with the Under Secretary 
     Transportation for Policy, the Assistant Secretaries of the 
     Department, and the heads of the operating administrations of 
     the Department, the Director shall establish and maintain a 
     transportation database for all modes of transportation.
       ``(b) Use.--The database shall be suitable for analyses 
     carried out by the Federal Government, the States, and 
     metropolitan planning organizations.
       ``(c) Contents.--The database shall include--
       ``(1) information on the volumes and patterns of movement 
     of goods, including local, interregional, and international 
     movement, by all modes of transportation, intermodal 
     combination, and relevant classification;
       ``(2) information on the volumes and patterns of movement 
     of people, including local, interregional, and international 
     movements, by all modes of transportation (including bicycle 
     and pedestrian modes), intermodal combination, and relevant 
     classification;
       ``(3) information on the location and connectivity of 
     transportation facilities and services; and
       ``(4) a national accounting of expenditures and capital 
     stocks on each mode of transportation and intermodal 
     combination.

     ``Sec.  6304. National transportation library

       ``(a) Purpose and Establishment.--To support the 
     information management and decisionmaking needs of 
     transportation officials at the Federal, State, and local 
     levels, there is established in the Bureau of Transportation 
     Statistics a National Transportation Library that shall--
       ``(1) be headed by an individual who is highly qualified in 
     library and information science;
       ``(2) acquire, preserve, and manage transportation 
     information and information products and services for use by 
     the Department, other Federal agencies, and the general 
     public;
       ``(3) provide reference and research assistance;
       ``(4) serve as a central depository for research results 
     and technical publications of the Department;
       ``(5) provide a central clearinghouse for transportation 
     data and information of the Federal Government;
       ``(6) serve as coordinator and policy lead for 
     transportation information access;
       ``(7) provide transportation information and information 
     products and services to--
       ``(A) the Department;
       ``(B) other Federal agencies;
       ``(C) public and private organizations; and
       ``(D) individuals, within the United States as well as 
     internationally;
       ``(8) coordinate efforts among, and cooperate with, 
     transportation libraries, information providers, and 
     technical assistance centers, with the goal of developing a 
     comprehensive transportation information and knowledge 
     network that supports the activities described in section 
     6302(b)(3)(B); and
       ``(9) engage in such other activities as the Director 
     determines to be necessary and as the resources of the 
     Library permit.
       ``(b) Access.--The Director shall publicize, facilitate, 
     and promote access to the information products and services 
     described in subsection (a), with the goal of improving the 
     ability of the transportation community to share information 
     and the ability of the Director to make statistics and other 
     information readily accessible as required under section 
     6302(b)(3)(B)(x).
       ``(c) Agreements.--
       ``(1) In general.--To carry out this section, the Director 
     may enter into agreements with, provide grants to, and 
     receive amounts from, any--
       ``(A) State or local government;
       ``(B) organization;
       ``(C) business; or
       ``(D) individual.
       ``(2) Contracts, grants, and agreements.--The Library may 
     initiate and support specific information and data 
     management, access, and exchange activities relating to the 
     strategic goals of the Department, knowledge networking, and 
     national and international cooperation, by entering into 
     contracts or other agreements or providing grants.
       ``(3) Amounts.--Any amounts received by the Library as 
     payment for library products and services or other activities 
     shall be made available to the Director to carry out this 
     section and remain available until expended.

     ``Sec.  6305. Advisory council on transportation statistics

       ``(a) In General.--The Director shall establish and consult 
     with an advisory council on transportation statistics.
       ``(b) Function.--The function of the advisory council 
     established under this subsection is to advise the Director 
     on--
       ``(1) the quality, reliability, consistency, objectivity, 
     and relevance of transportation statistics and analyses 
     collected, supported, or disseminated by the Bureau and the 
     Department; and
       ``(2) methods to encourage cooperation and interoperability 
     of transportation data collected by the Bureau, the operating 
     administrations of the Department, States, local governments, 
     metropolitan planning organizations, and private sector 
     entities.
       ``(c) Membership.--The advisory council shall be composed 
     of not fewer than 9 and not more than 11 members appointed by 
     the Director, who shall not be officers or employees of the 
     United States.
       ``(d) Terms of Appointment.--
       ``(1) In general.--Except as provided in paragraph (2), 
     members of the advisory council shall be appointed to 
     staggered terms not to exceed 3 years.
       ``(2) Additional terms.--A member may be renominated for 1 
     additional 3-year term.
       ``(3) Previous members.--A member serving on an advisory 
     council on transportation statistics on the day before the 
     date of enactment of the MAP-21 shall serve until the end of 
     the appointed term of the member.
       ``(e) Applicability of Federal Advisory Committee Act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall apply to 
     the advisory council established under this section, except 
     that section 14 of that Act shall not apply.

     ``Sec.  6306. Transportation statistical collection, 
       analysis, and dissemination

       ``To ensure that all transportation statistical collection, 
     analysis, and dissemination is carried out in a coordinated 
     manner, the Director may--
       ``(1) use the services, equipment, records, personnel, 
     information, and facilities of other Federal agencies, or 
     State, local, and private agencies and instrumentalities, 
     subject to the conditions that the applicable agency or 
     instrumentality consents to that use;
       ``(2) enter into agreements with the agencies and 
     instrumentalities described in paragraph (1) for purposes of 
     data collection and analysis;
       ``(3) confer and cooperate with foreign governments, 
     international organizations, and State, municipal, and other 
     local agencies;
       ``(4) request such information, data, and reports from any 
     Federal agency as the Director determines necessary to carry 
     out this chapter;
       ``(5) encourage replication, coordination, and sharing of 
     information among transportation agencies regarding 
     information systems, information policy, and data; and
       ``(6) confer and cooperate with Federal statistical 
     agencies as the Director determines necessary to carry out 
     this chapter, including by entering into cooperative data 
     sharing agreements in conformity with all laws and 
     regulations applicable to the disclosure and use of data.

     ``Sec.  6307. Furnishing of information, data, or reports by 
       Federal agencies

       ``(a) In General.--Except as provided in subsection (b), a 
     Federal agency requested to furnish information, data, or 
     reports by the Director under section 6302(b)(3)(B) shall 
     provide the information to the Director.
       ``(b) Prohibition on Certain Disclosures.--
       ``(1) In general.--An officer, employee, or contractor of 
     the Bureau may not--
       ``(A) make any disclosure in which the data provided by an 
     individual or organization under section 6302(b)(3)(B) can be 
     identified;
       ``(B) use the information provided under section 
     6302(b)(3)(B) for a nonstatistical purpose; or
       ``(C) permit anyone other than an individual authorized by 
     the Director to examine any individual report provided under 
     section 6302(b)(3)(B).
       ``(2) Copies of reports.--
       ``(A) In general.--No department, bureau, agency, officer, 
     or employee of the United States (except the Director in 
     carrying out this chapter) may require, for any reason, a 
     copy of any report that has been filed under section 
     6302(b)(3)(B) with the Bureau or retained by an individual 
     respondent.
       ``(B) Limitation on judicial proceedings.--A copy of a 
     report described in subparagraph (A) that has been retained 
     by an individual respondent or filed with the Bureau or any 
     of the employees, contractors, or agents of the Bureau--
       ``(i) shall be immune from legal process; and
       ``(ii) shall not, without the consent of the individual 
     concerned, be admitted as evidence or used for any purpose in 
     any action, suit, or other judicial or administrative 
     proceedings.
       ``(C) Applicability.--This paragraph shall apply only to 
     reports that permit information concerning an individual or 
     organization to be reasonably determined by direct or 
     indirect means.
       ``(3) Informing respondent of use of data.--If the Bureau 
     is authorized by statute to collect data or information for a 
     nonstatistical purpose, the Director shall clearly

[[Page S1268]]

     distinguish the collection of the data or information, by 
     rule and on the collection instrument, in a manner that 
     informs the respondent who is requested or required to supply 
     the data or information of the nonstatistical purpose.
       ``(c) Transportation and Transportation-related Data 
     Access.--Except as expressly prohibited by law, the Director 
     shall have access to any transportation and transportation-
     related information in the possession of any Federal agency.

     ``Sec.  6308. Proceeds of data product sales

       ``Notwithstanding section 3302 of title 31, amounts 
     received by the Bureau from the sale of data products for 
     necessary expenses incurred may be credited to the Highway 
     Trust Fund (other than the Mass Transit Account) for the 
     purpose of reimbursing the Bureau for those expenses.

     ``Sec.  6309. Information collection

       ``As the head of an independent Federal statistical agency, 
     the Director may consult directly with the Office of 
     Management and Budget concerning any survey, questionnaire, 
     or interview that the Director considers necessary to carry 
     out the statistical responsibilities of this chapter.

     ``Sec.  6310. National transportation atlas database

       ``(a) In General.--The Director shall develop and maintain 
     a national transportation atlas database that is comprised of 
     geospatial databases that depict--
       ``(1) transportation networks;
       ``(2) flows of people, goods, vehicles, and craft over the 
     transportation networks; and
       ``(3) social, economic, and environmental conditions that 
     affect or are affected by the transportation networks.
       ``(b) Intermodal Network Analysis.--The databases referred 
     to in subsection (a) shall be capable of supporting 
     intermodal network analysis.

     ``Sec.  6311. Limitations on statutory construction

       ``Nothing in this chapter--
       ``(1) authorizes the Bureau to require any other Federal 
     agency to collect data; or
       ``(2) alters or diminishes the authority of any other 
     officer of the Department to collect and disseminate data 
     independently.

     ``Sec.  6312. Research and development grants

       ``The Secretary may make grants to, or enter into 
     cooperative agreements or contracts with, public and 
     nonprofit private entities (including State transportation 
     departments, metropolitan planning organizations, and 
     institutions of higher education) for--
       ``(1) investigation of the subjects described in section 
     6302(b)(3)(B)(vi);
       ``(2) research and development of new methods of data 
     collection, standardization, management, integration, 
     dissemination, interpretation, and analysis;
       ``(3) demonstration programs by States, local governments, 
     and metropolitan planning organizations to coordinate data 
     collection, reporting, management, storage, and archiving to 
     simplify data comparisons across jurisdictions;
       ``(4) development of electronic clearinghouses of 
     transportation data and related information, as part of the 
     Library; and
       ``(5) development and improvement of methods for sharing 
     geographic data, in support of the database under section 
     6310 and the National Spatial Data Infrastructure developed 
     under Executive Order 12906 (59 Fed. Reg. 17671) (or a 
     successor Executive Order).

     ``Sec.  6313. Transportation statistics annual report

       ``The Director shall submit to the President and Congress a 
     transportation statistics annual report, which shall 
     include--
       ``(1) information on the progress of the Director in 
     carrying out the duties described in section 6302(b)(3)(B);
       ``(2) documentation of the methods used to obtain and 
     ensure the quality of the statistics presented in the report; 
     and
       ``(3) any recommendations of the Director for improving 
     transportation statistical information.

     ``Sec.  6314. Mandatory response authority for freight data 
       collection.

       ``(a) Freight Data Collection.--
       ``(1) In general.--An owner, official, agent, person in 
     charge, or assistant to the person in charge of a freight 
     corporation, company, business, institution, establishment, 
     or organization described in paragraph (2) shall be fined in 
     accordance with subsection (b) if that individual neglects or 
     refuses, when requested by the Director or other authorized 
     officer, employee, or contractor of the Bureau to submit data 
     under section 6302(b)(3)(B)--
       ``(A) to answer completely and correctly to the best 
     knowledge of that individual all questions relating to the 
     corporation, company, business, institution, establishment, 
     or other organization; or
       ``(B) to make available records or statistics in the 
     official custody of the individual.
       ``(2) Description of entities.--A freight corporation, 
     company, business, institution, establishment, or 
     organization referred to in paragraph (1) is a corporation, 
     company, business, institution, establishment, or 
     organization that--
       ``(A) receives Federal funds relating to the freight 
     program; and
       ``(B) has consented to be subject to a fine under this 
     subsection on--
       ``(i) refusal to supply any data requested; or
       ``(ii) failure to respond to a written request.
       ``(b) Fines.--
       ``(1) In general.--Subject to paragraph (2), an individual 
     described in subsection (a) shall be fined not more than 
     $500.
       ``(2) Willful actions.--If an individual willfully gives a 
     false answer to a question described in subsection (a)(1), 
     the individual shall be fined not more than $10,000.''.
       (b) Rules of Construction.--If the provisions of section 
     111 of title 49, United States Code, are transferred to 
     chapter 63 of that title, the following rules of construction 
     apply:
       (1) For purposes of determining whether 1 provision of law 
     supersedes another based on enactment later in time, a 
     chapter 63 provision is deemed to have been enacted on the 
     date of enactment of the corresponding section 111 provision.
       (2) A reference to a section 111 provision, including a 
     reference in a regulation, order, or other law, is deemed to 
     refer to the corresponding chapter 63 provision.
       (3) A regulation, order, or other administrative action in 
     effect under a section 111 provision continues in effect 
     under the corresponding chapter 63 provision.
       (4) An action taken or an offense committed under a section 
     111 provision is deemed to have been taken or committed under 
     the corresponding chapter 63 provision.
       (c) Conforming Amendments.--
       (1) Repeal.--Section 111 of title 49, United States Code, 
     is repealed, and the item relating to section 111 in the 
     analysis of chapter 1 of that title is deleted.
       (2) Analysis of subtitle iii.--The analysis for subtitle 
     III of title 49, United States Code, is amended by inserting 
     after the items for chapter 61 the following:

``Chapter 63. Bureau of Transportation Statistics...............''.....

     SEC. 2211. ADMINISTRATIVE AUTHORITY.

       Section 112 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(f) Promotional Authority.--Amounts authorized to be 
     appropriated for the administration and operation of the 
     Research and Innovative Technology Administration may be used 
     to purchase promotional items of nominal value for use by the 
     Administrator of the Research and Innovative Technology 
     Administration in the recruitment of individuals and 
     promotion of the programs of the Administration.
       ``(g) Program Evaluation and Oversight.--For each of fiscal 
     years 2012 and 2013, the Administrator may expend not more 
     than 1\1/2\ percent of the amounts authorized to be 
     appropriated for the administration and operation of the 
     Research and Innovative Technology Administration to carry 
     out the coordination, evaluation, and oversight of the 
     programs administered by the Administration.
       ``(h) Collaborative Research and Development.--
       ``(1) In general.--To encourage innovative solutions to 
     multimodal transportation problems and stimulate the 
     deployment of new technology, the Administrator may carry 
     out, on a cost-shared basis, collaborative research and 
     development with--
       ``(A) non-Federal entities, including State and local 
     governments, foreign governments, institutions of higher 
     education, corporations, institutions, partnerships, sole 
     proprietorships, and trade associations that are incorporated 
     or established under the laws of any State;
       ``(B) Federal laboratories; and
       ``(C) other Federal agencies.
       ``(2) Cooperation, grants, contracts, and agreements.--
     Notwithstanding any other provision of law, the Administrator 
     may directly initiate contracts, grants, cooperative research 
     and development agreements (as defined in section 12 of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3710a)), and other agreements to fund, and accept funds from, 
     the Transportation Research Board of the National Research 
     Council of the National Academy of Sciences, State 
     departments of transportation, cities, counties, institutions 
     of higher education, associations, and the agents of those 
     entities to carry out joint transportation research and 
     technology efforts.
       ``(3) Federal share.--
       ``(A) In general.--Subject to subparagraph (B), the Federal 
     share of the cost of an activity carried out under paragraph 
     (2) shall not exceed 50 percent.
       ``(B) Exception.--If the Secretary determines that the 
     activity is of substantial public interest or benefit, the 
     Secretary may approve a greater Federal share.
       ``(C) Non-federal share.--All costs directly incurred by 
     the non-Federal partners, including personnel, travel, 
     facility, and hardware development costs, shall be credited 
     toward the non-Federal share of the cost of an activity 
     described in subparagraph (A).
       ``(4) Use of technology.--The research, development, or use 
     of a technology under a contract, grant, cooperative research 
     and development agreement, or other agreement entered into 
     under this subsection, including the terms under which the 
     technology may be licensed and the resulting royalties may be 
     distributed, shall be subject to the Stevenson-Wydler 
     Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
       ``(5) Waiver of advertising requirements.--Section 3709 of 
     the Revised Statutes (41 U.S.C. 5) shall not apply to a 
     contract, grant, or other agreement entered into under this 
     section.''.

[[Page S1269]]

     SEC. 2212. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC 
                   PLANNING.

       Section 508(a)(2) of title 23, United States Code, is 
     amended by striking subparagraph (A) and inserting the 
     following:
       ``(A) describe the primary purposes of the transportation 
     research and development program, which shall include, at a 
     minimum--
       ``(i) promoting safety;
       ``(ii) reducing congestion and improving mobility;
       ``(iii) protecting and enhancing the environment;
       ``(iv) preserving the existing transportation system;
       ``(v) improving the durability and extending the life of 
     transportation infrastructure; and
       ``(vi) improving goods movement;''.

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

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

        Subtitle C--Intelligent Transportation Systems Research

     SEC. 2301. USE OF FUNDS FOR ITS ACTIVITIES.

       Section 513 of title 23, United States Code, is amended to 
     read as follows:

     ``Sec.  513. Use of funds for ITS activities.

       ``(a) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Eligible entity.--The term `eligible entity' means a 
     State or local government, tribal government, transit agency, 
     public toll authority, metropolitan planning organization, 
     other political subdivision of a State or local government, 
     or a multistate or multijurisdictional group applying through 
     a single lead applicant.
       ``(2) Multijurisdictional group.--The term 
     `multijurisdictional group' means a combination of State 
     governments, local governments, metropolitan planning 
     agencies, transit agencies, or other political subdivisions 
     of a State that--
       ``(A) have signed a written agreement to implement an 
     activity that meets the grant criteria under this section; 
     and
       ``(B) is comprised of at least 2 members, each of whom is 
     an eligible entity.
       ``(b) Purpose.--The purpose of this section is to develop, 
     administer, communicate, and promote the use of products of 
     research, technology, and technology transfer programs.
       ``(c) ITS Deployment Incentives.--
       ``(1) In general.--The Secretary may--
       ``(A) develop and implement incentives to accelerate 
     deployment of ITS technologies and services within all 
     funding programs authorized by the MAP-21; and
       ``(B) for each fiscal year, use amounts made available to 
     the Secretary to carry out intelligent transportation systems 
     outreach, including through the use of websites, public 
     relations, displays, tours, and brochures.
       ``(2) Comprehensive plan.--To carry out this section, the 
     Secretary shall develop a detailed and comprehensive plan 
     that addresses the manner in which incentives may be adopted 
     through the existing deployment activities carried out by 
     surface transportation modal administrations.
       ``(d) System Operations and ITS Deployment Grant Program.--
       ``(1) Establishment.--The Secretary shall establish a 
     competitive grant program to accelerate the deployment, 
     operation, systems management, intermodal integration, and 
     interoperability of the ITS program and ITS-enabled 
     operational strategies--
       ``(A) to measure and improve the performance of the surface 
     transportation system;
       ``(B) to reduce traffic congestion and the economic and 
     environmental impacts of traffic congestion;
       ``(C) to minimize fatalities and injuries;
       ``(D) to enhance mobility of people and goods;
       ``(E) to improve traveler information and services; and
       ``(F) to optimize existing roadway capacity.
       ``(2) Application.--To be considered for a grant under this 
     subsection, an eligible entity shall submit an application to 
     the Secretary that includes--
       ``(A) a plan to deploy and provide for the long-term 
     operation and maintenance of intelligent transportation 
     systems to improve safety, efficiency, system performance, 
     and return on investment, such as--
       ``(i) real-time integrated traffic, transit, and multimodal 
     transportation information;
       ``(ii) advanced traffic, freight, parking, and incident 
     management systems;
       ``(iii) advanced technologies to improve transit and 
     commercial vehicle operations;
       ``(iv) synchronized, adaptive, and transit preferential 
     traffic signals;
       ``(v) advanced infrastructure condition assessment 
     technologies; and
       ``(vi) other technologies to improve system operations, 
     including ITS applications necessary for multimodal systems 
     integration and for achieving performance goals;
       ``(B) quantifiable system performance improvements, 
     including--
       ``(i) reductions in traffic-related crashes, congestion, 
     and costs;
       ``(ii) optimization of system efficiency; and
       ``(iii) improvement of access to transportation services;
       ``(C) quantifiable safety, mobility, and environmental 
     benefit projections, including data driven estimates of the 
     manner in which the project will improve the transportation 
     system efficiency and reduce traffic congestion in the 
     region;
       ``(D) a plan for partnering with the private sector, 
     including telecommunications industries and public service 
     utilities, public agencies (including multimodal and 
     multijurisdictional entities), research institutions, 
     organizations representing transportation and technology 
     leaders, and other transportation stakeholders;
       ``(E) a plan to leverage and optimize existing local and 
     regional ITS investments; and
       ``(F) a plan to ensure interoperability of deployed 
     technologies with other tolling, traffic management, and 
     intelligent transportation systems.
       ``(3) Selection.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the MAP-21, the Secretary may provide grants to 
     eligible entities under this section.
       ``(B) Geographic diversity.--In awarding a grant under this 
     section, the Secretary shall ensure, to the maximum extent 
     practicable, that grant recipients represent diverse 
     geographical areas of the United States, including urban, 
     suburban, and rural areas.
       ``(C) Non-federal share.--In awarding a grant under the 
     section, the Secretary shall give priority to grant 
     recipients that demonstrate an ability to contribute a 
     significant non-Federal share to the cost of carrying out the 
     project for which the grant is received.
       ``(4) Eligible uses.--Projects for which grants awarded 
     under this section may be used include--
       ``(A) the establishment and implementation of ITS and ITS-
     enabled operations strategies that improve performance in the 
     areas of--
       ``(i) traffic operations;
       ``(ii) emergency response to surface transportation 
     incidents;
       ``(iii) incident management;
       ``(iv) transit and commercial vehicle operations 
     improvements;
       ``(v) weather event response management by State and local 
     authorities;
       ``(vi) surface transportation network and facility 
     management;
       ``(vii) construction and work zone management;
       ``(viii) traffic flow information;
       ``(ix) freight management; and
       ``(x) congestion management;
       ``(B) carrying out activities that support the creation of 
     networks that link metropolitan and rural surface 
     transportation systems into an integrated data network, 
     capable of collecting, sharing, and archiving transportation 
     system traffic condition and performance information;
       ``(C) the implementation of intelligent transportation 
     systems and technologies that improve highway safety through 
     information and communications systems linking vehicles, 
     infrastructure, mobile devices, transportation users, and 
     emergency responders;
       ``(D) the provision of services necessary to ensure the 
     efficient operation and management of ITS infrastructure, 
     including costs associated with communications, utilities, 
     rent, hardware, software, labor, administrative costs, 
     training, and technical services;
       ``(E) the provision of support for the establishment and 
     maintenance of institutional relationships between 
     transportation agencies, police, emergency medical services, 
     private emergency operators, freight operators, shippers, 
     public service utilities, and telecommunications providers;
       ``(F) carrying out multimodal and crossjurisdictional 
     planning and deployment of regional transportation systems 
     operations and management approaches; and
       ``(G) performing project evaluations to determine the 
     costs, benefits, lessons learned, and future deployment 
     strategies associated with the deployment of intelligent 
     transportation systems.
       ``(5) Report to secretary.--For each fiscal year that an 
     eligible entity receives a grant under this section, not 
     later than 1 year after receiving that grant, each recipient 
     shall submit a report to the Secretary that describes how the 
     project has met the expectations projected in the deployment

[[Page S1270]]

     plan submitted with the application, including--
       ``(A) data on how the program has helped reduce traffic 
     crashes, congestion, costs, and other benefits of the 
     deployed systems;
       ``(B) data on the effect of measuring and improving 
     transportation system performance through the deployment of 
     advanced technologies;
       ``(C) the effectiveness of providing real-time integrated 
     traffic, transit, and multimodal transportation information 
     to the public that allows the public to make informed travel 
     decisions; and
       ``(D) lessons learned and recommendations for future 
     deployment strategies to optimize transportation efficiency 
     and multimodal system performance.
       ``(6) Report to congress.--Not later than 2 years after 
     date on which the first grant is awarded under this section 
     and annually thereafter for each fiscal year for which grants 
     are awarded under this section, the Secretary shall submit to 
     Congress a report that describes the effectiveness of the 
     grant recipients in meeting the projected deployment plan 
     goals, including data on how the grant program has--
       ``(A) reduced traffic-related fatalities and injuries;
       ``(B) reduced traffic congestion and improved travel time 
     reliability;
       ``(C) reduced transportation-related emissions;
       ``(D) optimized multimodal system performance;
       ``(E) improved access to transportation alternatives;
       ``(F) provided the public with access to real-time 
     integrated traffic, transit, and multimodal transportation 
     information to make informed travel decisions;
       ``(G) provided cost savings to transportation agencies, 
     businesses, and the traveling public; and
       ``(H) provided other benefits to transportation users and 
     the general public.
       ``(7) Additional grants.--If the Secretary determines, 
     based on a report submitted under paragraph (5), that a grant 
     recipient is not complying with the established grant 
     criteria, the Secretary may--
       ``(A) cease payment to the recipient of any remaining grant 
     amounts; and
       ``(B) redistribute any remaining amounts to other eligible 
     entities under this section.
       ``(8) Non-federal share.--The Federal share of a grant 
     under this section shall not exceed 50 percent of the cost of 
     the project.
       ``(9) Grant limitation.--The Secretary may not award more 
     than 10 percent of the amounts provided under this section to 
     a single grant recipient in any fiscal year.
       ``(10) Multiyear grants.--Subject to availability of 
     amounts, the Secretary may provide an eligible entity with 
     grant amounts for a period of multiple fiscal years.
       ``(11) Funding.--Of the funds authorized to be appropriated 
     to carry out the intelligent transportation system program 
     under sections 512 through 518, not less than 50 percent of 
     such funds shall be used to carry out this subsection.''.

     SEC. 2302. GOALS AND PURPOSES.

       (a) In General.--Chapter 5 of title 23, United States Code, 
     is amended by adding after section 513 the following:

     ``Sec.  514. Goals and purposes

       ``(a) Goals.--The goals of the intelligent transportation 
     system program include--
       ``(1) enhancement of surface transportation efficiency and 
     facilitation of intermodalism and international trade to 
     enable existing facilities to meet a significant portion of 
     future transportation needs, including public access to 
     employment, goods, and services and to reduce regulatory, 
     financial, and other transaction costs to public agencies and 
     system users;
       ``(2) achievement of national transportation safety goals, 
     including enhancement of safe operation of motor vehicles and 
     nonmotorized vehicles and improved emergency response to 
     collisions, with particular emphasis on decreasing the number 
     and severity of collisions;
       ``(3) protection and enhancement of the natural environment 
     and communities affected by surface transportation, with 
     particular emphasis on assisting State and local governments 
     to achieve national environmental goals;
       ``(4) accommodation of the needs of all users of surface 
     transportation systems, including operators of commercial 
     motor vehicles, passenger motor vehicles, motorcycles, 
     bicycles, and pedestrians (including individuals with 
     disabilities); and
       ``(5) enhancement of national defense mobility and 
     improvement of the ability of the United States to respond to 
     security-related or other manmade emergencies and natural 
     disasters.
       ``(b) Purposes.--The Secretary shall implement activities 
     under the intelligent transportation system program, at a 
     minimum--
       ``(1) to expedite, in both metropolitan and rural areas, 
     deployment and integration of intelligent transportation 
     systems for consumers of passenger and freight 
     transportation;
       ``(2) to ensure that Federal, State, and local 
     transportation officials have adequate knowledge of 
     intelligent transportation systems for consideration in the 
     transportation planning process;
       ``(3) to improve regional cooperation and operations 
     planning for effective intelligent transportation system 
     deployment;
       ``(4) to promote the innovative use of private resources in 
     support of intelligent transportation system development;
       ``(5) to facilitate, in cooperation with the motor vehicle 
     industry, the introduction of vehicle-based safety enhancing 
     systems;
       ``(6) to support the application of intelligent 
     transportation systems that increase the safety and 
     efficiency of commercial motor vehicle operations;
       ``(7) to develop a workforce capable of developing, 
     operating, and maintaining intelligent transportation 
     systems;
       ``(8) to provide continuing support for operations and 
     maintenance of intelligent transportation systems; and
       ``(9) to ensure a systems approach that includes 
     cooperation among vehicles, infrastructure, and users.''.
       (b) Conforming Amendment.--The analysis for chapter 5 of 
     title 23, United States Code, is amended by adding after the 
     item relating to section 513 the following:

``514. Goals and purposes.''.

     SEC. 2303. GENERAL AUTHORITIES AND REQUIREMENTS.

       (a) In General.--Chapter 5 of title 23, United States Code, 
     is amended by adding after section 514 (as added by section 
     2302) the following:

     ``Sec.  515. General authorities and requirements

       ``(a) Scope.--Subject to the provisions of this chapter, 
     the Secretary shall conduct an ongoing intelligent 
     transportation system program--
       ``(1) to research, develop, and operationally test 
     intelligent transportation systems; and
       ``(2) to provide technical assistance in the nationwide 
     application of those systems as a component of the surface 
     transportation systems of the United States.
       ``(b) Policy.--Intelligent transportation system research 
     projects and operational tests funded pursuant to this 
     chapter shall encourage and not displace public-private 
     partnerships or private sector investment in those tests and 
     projects.
       ``(c) Cooperation With Governmental, Private, and 
     Educational Entities.--The Secretary shall carry out the 
     intelligent transportation system program in cooperation with 
     State and local governments and other public entities, the 
     private sector firms of the United States, the Federal 
     laboratories, and institutions of higher education, including 
     historically Black colleges and universities and other 
     minority institutions of higher education.
       ``(d) Consultation With Federal Officials.--In carrying out 
     the intelligent transportation system program, the Secretary 
     shall consult with the heads of other Federal agencies, as 
     appropriate.
       ``(e) Technical Assistance, Training, and Information.--The 
     Secretary may provide technical assistance, training, and 
     information to State and local governments seeking to 
     implement, operate, maintain, or evaluate intelligent 
     transportation system technologies and services.
       ``(f) Transportation Planning.--The Secretary may provide 
     funding to support adequate consideration of transportation 
     systems management and operations, including intelligent 
     transportation systems, within metropolitan and statewide 
     transportation planning processes.
       ``(g) Information Clearinghouse.--
       ``(1) In general.--The Secretary shall--
       ``(A) maintain a repository for technical and safety data 
     collected as a result of federally sponsored projects carried 
     out under this chapter; and
       ``(B) make, on request, that information (except for 
     proprietary information and data) readily available to all 
     users of the repository at an appropriate cost.
       ``(2) Agreement.--
       ``(A) In general.--The Secretary may enter into an 
     agreement with a third party for the maintenance of the 
     repository for technical and safety data under paragraph 
     (1)(A).
       ``(B) Federal financial assistance.--If the Secretary 
     enters into an agreement with an entity for the maintenance 
     of the repository, the entity shall be eligible for Federal 
     financial assistance under this section.
       ``(3) Availability of information.--Information in the 
     repository shall not be subject to sections 552 and 555 of 
     title 5, United States Code.
       ``(h) Advisory Committee.--
       ``(1) In general.--The Secretary shall establish an 
     Advisory Committee to advise the Secretary on carrying out 
     this chapter.
       ``(2) Membership.--The Advisory Committee shall have no 
     more than 20 members, be balanced between metropolitan and 
     rural interests, and include, at a minimum--
       ``(A) a representative from a State highway department;
       ``(B) a representative from a local highway department who 
     is not from a metropolitan planning organization;
       ``(C) a representative from a State, local, or regional 
     transit agency;
       ``(D) a representative from a metropolitan planning 
     organization;
       ``(E) a private sector user of intelligent transportation 
     system technologies;
       ``(F) an academic researcher with expertise in computer 
     science or another information science field related to 
     intelligent transportation systems, and who is not an expert 
     on transportation issues;
       ``(G) an academic researcher who is a civil engineer;
       ``(H) an academic researcher who is a social scientist with 
     expertise in transportation issues;

[[Page S1271]]

       ``(I) a representative from a nonprofit group representing 
     the intelligent transportation system industry;
       ``(J) a representative from a public interest group 
     concerned with safety;
       ``(K) a representative from a public interest group 
     concerned with the impact of the transportation system on 
     land use and residential patterns; and
       ``(L) members with expertise in planning, safety, 
     telecommunications, utilities, and operations.
       ``(3) Duties.--The Advisory Committee shall, at a minimum, 
     perform the following duties:
       ``(A) Provide input into the development of the intelligent 
     transportation system aspects of the strategic plan under 
     section 508.
       ``(B) Review, at least annually, areas of intelligent 
     transportation systems research being considered for funding 
     by the Department, to determine--
       ``(i) whether these activities are likely to advance either 
     the state-of-the-practice or state-of-the-art in intelligent 
     transportation systems;
       ``(ii) whether the intelligent transportation system 
     technologies are likely to be deployed by users, and if not, 
     to determine the barriers to deployment; and
       ``(iii) the appropriate roles for government and the 
     private sector in investing in the research and technologies 
     being considered.
       ``(4) Report.--Not later than February 1 of each year after 
     the date of enactment of the MAP-21, the Secretary shall 
     submit to Congress a report that includes--
       ``(A) all recommendations made by the Advisory Committee 
     during the preceding calendar year;
       ``(B) an explanation of the manner in which the Secretary 
     has implemented those recommendations; and
       ``(C) for recommendations not implemented, the reasons for 
     rejecting the recommendations.
       ``(5) Applicability of federal advisory committee act.--The 
     Advisory Committee shall be subject to the Federal Advisory 
     Committee Act (5 U.S.C. App.).
       ``(i) Reporting.--
       ``(1) Guidelines and requirements.--
       ``(A) In general.--The Secretary shall issue guidelines and 
     requirements for the reporting and evaluation of operational 
     tests and deployment projects carried out under this chapter.
       ``(B) Objectivity and independence.--The guidelines and 
     requirements issued under subparagraph (A) shall include 
     provisions to ensure the objectivity and independence of the 
     reporting entity so as to avoid any real or apparent conflict 
     of interest or potential influence on the outcome by parties 
     to any such test or deployment project or by any other formal 
     evaluation carried out under this chapter.
       ``(C) Funding.--The guidelines and requirements issued 
     under subparagraph (A) shall establish reporting funding 
     levels based on the size and scope of each test or project 
     that ensure adequate reporting of the results of the test or 
     project.
       ``(2) Special rule.--Any survey, questionnaire, or 
     interview that the Secretary considers necessary to carry out 
     the reporting of any test, deployment project, or program 
     assessment activity under this chapter shall not be subject 
     to chapter 35 of title 44, United States Code.''.
       (b) Conforming Amendment.--The analysis for chapter 5 of 
     title 23, United States Code, is amended by adding after the 
     item relating to section 514 (as added by section 2302) the 
     following:

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

     SEC. 2304. RESEARCH AND DEVELOPMENT.

       (a) In General.--Chapter 5 of title 23, United States Code, 
     is amended by adding after section 515 (as added by section 
     2303) the following:

     ``Sec.  516. Research and development

       ``(a) In General.--The Secretary shall carry out a 
     comprehensive program of intelligent transportation system 
     research and development, and operational tests of 
     intelligent vehicles, intelligent infrastructure systems, and 
     other similar activities that are necessary to carry out this 
     chapter.
       ``(b) Priority Areas.--Under the program, the Secretary 
     shall give higher priority to funding projects that--
       ``(1) enhance mobility and productivity through improved 
     traffic management, incident management, transit management, 
     freight management, road weather management, toll collection, 
     traveler information, or highway operations systems and 
     remote sensing products;
       ``(2) use interdisciplinary approaches to develop traffic 
     management strategies and tools to address multiple impacts 
     of congestion concurrently;
       ``(3) address traffic management, incident management, 
     transit management, toll collection traveler information, or 
     highway operations systems;
       ``(4) incorporate research on the impact of environmental, 
     weather, and natural conditions on intelligent transportation 
     systems, including the effects of cold climates;
       ``(5) enhance intermodal use of intelligent transportation 
     systems for diverse groups, including for emergency and 
     health-related services;
       ``(6) enhance safety through improved crash avoidance and 
     protection, crash and other notification, commercial motor 
     vehicle operations, and infrastructure-based or cooperative 
     safety systems; or
       ``(7) facilitate the integration of intelligent 
     infrastructure, vehicle, and control technologies.
       ``(c) Federal Share.--The Federal share payable on account 
     of any project or activity carried out under subsection (a) 
     shall not exceed 80 percent.''.
       (b) Conforming Amendment.--The analysis for chapter 5 of 
     title 23, United States Code, is amended by adding after the 
     item relating to section 515 (as added by section 2304) the 
     following:

``516. Research and development.''.

     SEC. 2305. NATIONAL ARCHITECTURE AND STANDARDS.

       (a) In General.--Chapter 5 of title 23, United States Code, 
     is amended by adding after section 516 (as added by section 
     2304) the following:

     ``Sec.  517. National architecture and standards.

       ``(a) In General.--
       ``(1) Development, implementation, and maintenance.--In 
     accordance with section 12(d) of the National Technology 
     Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 
     Stat. 783; 115 Stat. 1241), the Secretary shall develop and 
     maintain a national ITS architecture and supporting ITS 
     standards and protocols to promote the use of systems 
     engineering methods in the widespread deployment and 
     evaluation of intelligent transportation systems as a 
     component of the surface transportation systems of the United 
     States.
       ``(2) Interoperability and efficiency.--To the maximum 
     extent practicable, the national ITS architecture and 
     supporting ITS standards and protocols shall promote 
     interoperability among, and efficiency of, intelligent 
     transportation systems and technologies implemented 
     throughout the United States.
       ``(3) Use of standards development organizations.--In 
     carrying out this section, the Secretary shall support the 
     development and maintenance of standards and protocols using 
     the services of such standards development organizations as 
     the Secretary determines to be necessary and whose 
     memberships are comprised of, and represent, the surface 
     transportation and intelligent transportation systems 
     industries.
       ``(b) Standards for National Policy Implementation.--If the 
     Secretary finds that a standard is necessary for 
     implementation of a nationwide policy relating to user fee 
     collection or other capability requiring nationwide 
     uniformity, the Secretary, after consultation with 
     stakeholders, may establish and require the use of that 
     standard.
       ``(c) Provisional Standards.--
       ``(1) In general.--If the Secretary finds that the 
     development or balloting of an intelligent transportation 
     system standard jeopardizes the timely achievement of the 
     objectives described in subsection (a), the Secretary may 
     establish a provisional standard, after consultation with 
     affected parties, using, to the maximum extent practicable, 
     the work product of appropriate standards development 
     organizations.
       ``(2) Period of effectiveness.--A provisional standard 
     established under paragraph (1) shall be published in the 
     Federal Register and remain in effect until the appropriate 
     standards development organization adopts and publishes a 
     standard.
       ``(d) Conformity With National Architecture.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary shall ensure that intelligent transportation system 
     projects carried out using amounts made available from the 
     Highway Trust Fund, including amounts made available to 
     deploy intelligent transportation systems, conform to the 
     appropriate regional ITS architecture, applicable standards, 
     and protocols developed under subsection (a) or (c).
       ``(2) Discretion of the secretary.--The Secretary, at the 
     discretion of the Secretary, may offer an exemption from 
     paragraph (1) for projects designed to achieve specific 
     research objectives outlined in the national intelligent 
     transportation system program plan or the surface 
     transportation research and development strategic plan 
     developed under section 508.''.
       (b) Conforming Amendment.--The analysis for chapter 5 of 
     title 23, United States Code, is amended by adding after the 
     item relating to section 516 (as added by section 2304) the 
     following:

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

     SEC. 2306. VEHICLE-TO-VEHICLE AND VEHICLE-TO-INFRASTRUCTURE 
                   COMMUNICATIONS SYSTEMS DEPLOYMENT.

       (a) In General.--Chapter 5 of title 23, United States Code, 
     is amended by adding after section 517 (as added by section 
     2305) the following:

     ``Sec.  518. Vehicle-to-vehicle and vehicle-to-infrastructure 
       communications systems deployment

       ``(a) In General.--Not later than 3 years after the date of 
     enactment of this section, the Secretary shall submit to the 
     appropriate committees of Congress a report that--
       ``(1) defines a recommended implementation path for 
     dedicated short-range communications technology and 
     applications;
       ``(2) includes guidance on the relationship of the proposed 
     deployment of dedicated short-range communications to the 
     National ITS Architecture and ITS Standards; and
       ``(3) ensures competition by not preferencing the use of 
     any particular frequency for vehicle to infrastructure 
     operations.

[[Page S1272]]

       ``(b) National Research Council Review.--The Secretary 
     shall enter into an agreement with the National Research 
     Council for the review by the National Research Council of 
     the report described in subsection (a).''.
       (b) Conforming Amendment.--The analysis of chapter 5 of 
     title 23, United States Code, is amended by adding after 
     section 517 (as added by section 2305) the following:

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

          TITLE III--AMERICA FAST FORWARD FINANCING INNOVATION

     SEC. 3001. SHORT TITLE.

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

     SEC. 3002. TRANSPORTATION INFRASTRUCTURE FINANCE AND 
                   INNOVATION ACT AMENDMENTS.

       Sections 601 through 609 of title 23, United States Code, 
     are amended to read as follows:

     ``Sec.  601. Generally applicable provisions

       ``(a) Definitions.--In this chapter, the following 
     definitions apply:
       ``(1) Eligible project costs.--The term `eligible project 
     costs' means amounts substantially all of which are paid by, 
     or for the account of, an obligor in connection with a 
     project, including the cost of--
       ``(A) development phase activities, including planning, 
     feasibility analysis, revenue forecasting, environmental 
     review, permitting, preliminary engineering and design work, 
     and other preconstruction activities;
       ``(B) construction, reconstruction, rehabilitation, 
     replacement, and acquisition of real property (including land 
     relating to the project and improvements to land), 
     environmental mitigation, construction contingencies, and 
     acquisition of equipment; and
       ``(C) capitalized interest necessary to meet market 
     requirements, reasonably required reserve funds, capital 
     issuance expenses, and other carrying costs during 
     construction.
       ``(2) Federal credit instrument.--The term `Federal credit 
     instrument' means a secured loan, loan guarantee, or line of 
     credit authorized to be made available under this chapter 
     with respect to a project.
       ``(3) Investment-grade rating.--The term `investment-grade 
     rating' means a rating of BBB minus, Baa3, bbb minus, BBB 
     (low), or higher assigned by a rating agency to project 
     obligations.
       ``(4) Lender.--The term `lender' means any non-Federal 
     qualified institutional buyer (as defined in section 
     230.144A(a) of title 17, Code of Federal Regulations (or any 
     successor regulation), known as Rule 144A(a) of the 
     Securities and Exchange Commission and issued under the 
     Securities Act of 1933 (15 U.S.C. 77a et seq.)), including--
       ``(A) a qualified retirement plan (as defined in section 
     4974(c) of the Internal Revenue Code of 1986) that is a 
     qualified institutional buyer; and
       ``(B) a governmental plan (as defined in section 414(d) of 
     the Internal Revenue Code of 1986) that is a qualified 
     institutional buyer.
       ``(5) Letter of interest.--The term `letter of interest' 
     means a letter submitted by a potential applicant prior to an 
     application for credit assistance in a format prescribed by 
     the Secretary on the website of the TIFIA program, which--
       ``(A) describes the project and the location, purpose, and 
     cost of the project;
       ``(B) outlines the proposed financial plan, including the 
     requested credit assistance and the proposed obligor;
       ``(C) provides a status of environmental review; and
       ``(D) provides information regarding satisfaction of other 
     eligibility requirements of the TIFIA program.
       ``(6) Line of credit.--The term `` `line of credit' '' 
     means an agreement entered into by the Secretary with an 
     obligor under section 604 to provide a direct loan at a 
     future date upon the occurrence of certain events.
       ``(7) Limited buydown.--The term `limited buydown' means, 
     subject to the conditions described in section 603(b)(4)(C), 
     a buydown of the interest rate by the Secretary and by the 
     obligor if the interest rate has increased between--
       ``(A)(i) the date on which a project application acceptable 
     to the Secretary is submitted; or
       ``(ii) the date on which the Secretary entered into a 
     master credit agreement; and
       ``(B) the date on which the Secretary executes the Federal 
     credit instrument.
       ``(8) Loan guarantee.--The term `loan guarantee' means any 
     guarantee or other pledge by the Secretary to pay all or part 
     of the principal of and interest on a loan or other debt 
     obligation issued by an obligor and funded by a lender.
       ``(9) Master credit agreement.--The term `master credit 
     agreement' means an agreement to extend credit assistance for 
     a program of projects secured by a common security pledge 
     (which shall receive an investment grade rating from a rating 
     agency), or for a single project covered under section 
     602(b)(2) that would--
       ``(A) make contingent commitments of 1 or more secured 
     loans or other Federal credit instruments at future dates, 
     subject to the availability of future funds being made 
     available to carry out this chapter;
       ``(B) establish the maximum amounts and general terms and 
     conditions of the secured loans or other Federal credit 
     instruments;
       ``(C) identify the 1 or more dedicated non-Federal revenue 
     sources that will secure the repayment of the secured loans 
     or secured Federal credit instruments;
       ``(D) provide for the obligation of funds for the secured 
     loans or secured Federal credit instruments after all 
     requirements have been met for the projects subject to the 
     master credit agreement, including--
       ``(i) completion of an environmental impact statement or 
     similar analysis required under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.);
       ``(ii) compliance with such other requirements as are 
     specified in section 602(c); and
       ``(iii) the availibility of funds to carry out this 
     chapter; and
       ``(E) require that contingent commitments result in a 
     financial close and obligation of credit assistance not later 
     than 3 years after the date of entry into the master credit 
     agreement, or release of the commitment, unless otherwise 
     extended by the Secretary.
       ``(10) Obligor.--The term `obligor' means a party that--
       ``(A) is primarily liable for payment of the principal of 
     or interest on a Federal credit instrument; and
       ``(B) may be a corporation, partnership, joint venture, 
     trust, or governmental entity, agency, or instrumentality.
       ``(11) Project.--The term `project' means--
       ``(A) any surface transportation project eligible for 
     Federal assistance under this title or chapter 53 of title 
     49;
       ``(B) a project for an international bridge or tunnel for 
     which an international entity authorized under Federal or 
     State law is responsible;
       ``(C) a project for intercity passenger bus or rail 
     facilities and vehicles, including facilities and vehicles 
     owned by the National Railroad Passenger Corporation and 
     components of magnetic levitation transportation systems; and
       ``(D) a project that--
       ``(i) is a project--

       ``(I) for a public freight rail facility or a private 
     facility providing public benefit for highway users by way of 
     direct freight interchange between highway and rail carriers;
       ``(II) for an intermodal freight transfer facility;
       ``(III) for a means of access to a facility described in 
     subclause (I) or (II);
       ``(IV) for a service improvement for a facility described 
     in subclause (I) or (II) (including a capital investment for 
     an intelligent transportation system); or
       ``(V) that comprises a series of projects described in 
     subclauses (I) through (IV) with the common objective of 
     improving the flow of goods;

       ``(ii) may involve the combining of private and public 
     sector funds, including investment of public funds in private 
     sector facility improvements;
       ``(iii) if located within the boundaries of a port 
     terminal, includes only such surface transportation 
     infrastructure modifications as are necessary to facilitate 
     direct intermodal interchange, transfer, and access into and 
     out of the port; and
       ``(iv) is composed of related highway, surface 
     transportation, transit, rail, or intermodal capital 
     improvement projects eligible for assistance under this 
     subsection in order to meet the eligible project cost 
     threshold under section 602, by grouping related projects 
     together for that purpose, on the condition that the credit 
     assistance for the projects is secured by a common pledge.
       ``(12) Project obligation.--The term `project obligation' 
     means any note, bond, debenture, or other debt obligation 
     issued by an obligor in connection with the financing of a 
     project, other than a Federal credit instrument.
       ``(13) Rating agency.--The term `rating agency' means a 
     credit rating agency registered with the Securities and 
     Exchange Commission as a nationally recognized statistical 
     rating organization (as that term is defined in section 3(a) 
     of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
       ``(14) Rural infrastructure project.--The term `rural 
     infrastructure project' means a surface transportation 
     infrastructure project either--
       ``(A) located in any area other than an urbanized area that 
     has a population of greater than 250,000 inhabitants; or
       ``(B) connects a rural area to a city with a population of 
     less than 250,000 inhabitants within the city limits.
       ``(15) Secured loan.--The term `secured loan' means a 
     direct loan or other debt obligation issued by an obligor and 
     funded by the Secretary in connection with the financing of a 
     project under section 603.
       ``(16) State.--The term `State' has the meaning given the 
     term in section 101.
       ``(17) Subsidy amount.--The term `subsidy amount' means the 
     amount of budget authority sufficient to cover the estimated 
     long-term cost to the Federal Government of a Federal credit 
     instrument, calculated on a net present value basis, 
     excluding administrative costs and any incidental effects on 
     governmental receipts or outlays in accordance with the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
       ``(18) Substantial completion.--The term `substantial 
     completion' means--
       ``(A) the opening of a project to vehicular or passenger 
     traffic; or
       ``(B) a comparable event, as determined by the Secretary 
     and specified in the credit agreement.
       ``(19) TIFIA program.--The term `TIFIA program' means the 
     transportation infrastructure finance and innovation program 
     of the Department.

[[Page S1273]]

       ``(20) Contingent commitment.--The term `contingent 
     commitment' means a commitment to obligate an amount from 
     future available budget authority that is--
       ``(A) contingent upon those funds being made available in 
     law at a future date; and
       ``(B) not an obligation of the Federal Government.
       ``(b) Treatment of Chapter.--For purposes of this title, 
     this chapter shall be treated as being part of chapter 1.

     ``Sec.  602. Determination of eligibility and project 
       selection

       ``(a) Eligibility.--A project shall be eligible to receive 
     credit assistance under this chapter if the entity proposing 
     to carry out the project submits a letter of interest prior 
     to submission of a formal application for the project, and 
     the project meets the following criteria:
       ``(1) Creditworthiness.--
       ``(A) In general.--The project shall satisfy applicable 
     creditworthiness standards, which, at a minimum, includes--
       ``(i) a rate covenant, if applicable;
       ``(ii) adequate coverage requirements to ensure repayment;
       ``(iii) an investment grade rating from at least 2 rating 
     agencies on debt senior to the Federal credit instrument; and
       ``(iv) a rating from at least 2 rating agencies on the 
     Federal credit instrument, subject to the condition that, 
     with respect toclause (iii), if the senior debt and Federal 
     credit instrument is for an amount less than $75,000,000 or 
     for a rural infrastructure project or intelligent 
     transportation systems project, 1 rating agency opinion for 
     each of the senior debt and Federal credit instrument shall 
     be sufficient.
       ``(B) Senior debt.--Notwithstanding subparagraph (A), in a 
     case in which the Federal credit instrument is the senior 
     debt, the Federal credit instrument shall be required to 
     receive an investment grade rating from at least 2 rating 
     agencies, unless the credit instrument is for a rural 
     infrastructure project or intelligent transportation systems 
     project, in which case 1 rating agency opinion shall be 
     sufficient.
       ``(2) Inclusion in transportation plans and programs.--The 
     project shall satisfy the applicable planning and programming 
     requirements of sections 134 and 135 at such time as an 
     agreement to make available a Federal credit instrument is 
     entered into under this chapter.
       ``(3) Application.--A State, local government, public 
     authority, public-private partnership, or any other legal 
     entity undertaking the project and authorized by the 
     Secretary, shall submit a project application acceptable to 
     the Secretary.
       ``(4) Eligible project costs.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     to be eligible for assistance under this chapter, a project 
     shall have eligible project costs that are reasonably 
     anticipated to equal or exceed the lesser of--
       ``(i)(I) $50,000,000; or
       ``(II) in the case of a rural infrastructure project, 
     $25,000,000; or
       ``(ii) 33\1/3\ percent of the amount of Federal highway 
     assistance funds apportioned for the most recently completed 
     fiscal year to the State in which the project is located.
       ``(B) Intelligent transportation system projects.--In the 
     case of a project principally involving the installation of 
     an intelligent transportation system, eligible project costs 
     shall be reasonably anticipated to equal or exceed 
     $15,000,000.
       ``(5) Dedicated revenue sources.--The Federal credit 
     instrument shall be repayable, in whole or in part, from 
     tolls, user fees, or other dedicated revenue sources that 
     also secure the project obligations.
       ``(6) Public sponsorship of private entities.--In the case 
     of a project that is undertaken by an entity that is not a 
     State or local government or an agency or instrumentality of 
     a State or local government, the project that the entity is 
     undertaking shall be publicly sponsored as provided in 
     paragraph (2).
       ``(b) Selection Among Eligible Projects.--
       ``(1) Establishment.--The Secretary shall establish a 
     rolling application process in which projects that are 
     eligible to receive credit assistance under subsection (a) 
     shall receive credit assistance on terms acceptable to the 
     Secretary, if adequate funds are available to cover the 
     subsidy costs associated with the Federal credit instrument.
       ``(2) Adequate funding not available.--
       ``If the Secretary fully obligates funding to eligible 
     projects in a given fiscal year, and adequate funding is not 
     available to fund a credit instrument, a project sponsor of 
     an eligible project may elect to enter into a master credit 
     agreement and wait until the following fiscal year or until 
     additional funds are available to receive credit assistance.
       ``(3) Preliminary rating opinion letter.--The Secretary 
     shall require each project applicant to provide a preliminary 
     rating opinion letter from at least 1 rating agency--
       ``(A) indicating that the senior obligations of the 
     project, which may be the Federal credit instrument, have the 
     potential to achieve an investment-grade rating; and
       ``(B) including a preliminary rating opinion on the Federal 
     credit instrument.
       ``(c) Federal Requirements.--
       ``(1) In general.--In addition to the requirements of this 
     title for highway projects, chapter 53 of title 49 for 
     transit projects, and section 5333(a) of title 49 for rail 
     projects, the following provisions of law shall apply to 
     funds made available under this chapter and projects assisted 
     with the funds:
       ``(A) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
     2000d et seq.).
       ``(B) The National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       ``(C) The Uniform Relocation Assistance and Real Property 
     Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
       ``(2) NEPA.--No funding shall be obligated for a project 
     that has not received an environmental Categorical Exclusion, 
     Finding of No Significant Impact, or Record of Decision under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.).

     ``Sec.  603. Secured loans

       ``(a) In General.--
       ``(1) Agreements.--Subject to paragraphs (2) through (4), 
     the Secretary may enter into agreements with 1 or more 
     obligors to make secured loans, the proceeds of which shall 
     be used--
       ``(A) to finance eligible project costs of any project 
     selected under section 602;
       ``(B) to refinance interim construction financing of 
     eligible project costs of any project selected under section 
     602;
       ``(C) to refinance existing loan agreements for rural 
     infrastructure projects; or
       ``(D) to refinance long-term project obligations or Federal 
     credit instruments if the refinancing provides additional 
     funding capacity for the completion, enhancement, or 
     expansion of any project that--
       ``(i) is selected under section 602; or
       ``(ii) otherwise meets the requirements of section 602.
       ``(2) Limitation on refinancing of interim construction 
     financing.--A loan under paragraph (1) shall not refinance 
     interim construction financing under paragraph (1)(B) later 
     than 1 year after the date of substantial completion of the 
     project.
       ``(3) Risk assessment.--Before entering into an agreement 
     under this subsection, the Secretary, in consultation with 
     the Director of the Office of Management and Budget, shall 
     determine an appropriate capital reserve subsidy amount for 
     each secured loan, taking into account each rating letter 
     provided by an agency under section 602(b)(3)(B).
       ``(b) Terms and Limitations.--
       ``(1) In general.--A secured loan under this section with 
     respect to a project shall be on such terms and conditions 
     and contain such covenants, representations, warranties, and 
     requirements (including requirements for audits) as the 
     Secretary determines appropriate.
       ``(2) Maximum amount.--The amount of the secured loan shall 
     not exceed the lesser of 49 percent of the reasonably 
     anticipated eligible project costs or, if the secured loan 
     does not receive an investment grade rating, the amount of 
     the senior project obligations.
       ``(3) Payment.--The secured loan--
       ``(A) shall--
       ``(i) be payable, in whole or in part, from tolls, user 
     fees, or other dedicated revenue sources that also secure the 
     senior project obligations; and
       ``(ii) include a rate covenant, coverage requirement, or 
     similar security feature supporting the project obligations; 
     and
       ``(B) may have a lien on revenues described in subparagraph 
     (A) subject to any lien securing project obligations.
       ``(4) Interest rate.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), the interest rate on the secured loan shall be not 
     less than the yield on United States Treasury securities of a 
     similar maturity to the maturity of the secured loan on the 
     date of execution of the loan agreement.
       ``(B) Rural infrastructure projects.--A loan offered to a 
     rural infrastructure project under this chapter shall be at 
     \1/2\ of the Treasury Rate.
       ``(C) Limited buydowns.--A limited buydown is subject to 
     the following conditions:
       ``(i) The interest rate under the agreement may not be 
     lowered by more than the lower of--

       ``(I) 1\1/2\ percentage points (150 basis points); or
       ``(II) the amount of the increase in the interest rate.

       ``(ii) The Secretary may pay up to 50 percent of the cost 
     of the limited buydown, and the obligor shall pay the balance 
     of the cost of the limited buydown.
       ``(iii) Not more than 5 percent of the funding made 
     available annually to carry out this chapter may be used to 
     carry out limited buydowns.
       ``(5) Maturity date.--The final maturity date of the 
     secured loan shall be the lesser of--
       ``(A) 35 years after the date of substantial completion of 
     the project; or
       ``(B) if the useful life of the capital asset being 
     financed is of a lesser period, the useful life of the asset.
       ``(6) Nonsubordination.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the secured loan shall not be subordinated to the claims of 
     any holder of project obligations in the event of bankruptcy, 
     insolvency, or liquidation of the obligor.
       ``(B) Pre-existing indenture.--
       ``(i) In general.--The Secretary shall waive subparagraph 
     (A) for public agency borrowers that are financing ongoing 
     capital programs and have outstanding senior bonds under a 
     pre-existing indenture, if--

       ``(I) the secured loan is rated in the A-category or 
     higher;
       ``(II) the secured loan is secured and payable from pledged 
     revenues not affected by project performance, such as a tax-
     backed

[[Page S1274]]

     revenue pledge or a system-backed pledge of project revenues; 
     and
       ``(III) the TIFIA program share of eligible project costs 
     is 33 percent or less.

       ``(ii) Limitation.--If the Secretary waives the 
     nonsubordination requirement under this subparagraph--

       ``(I) the maximum credit subsidy that will be paid by the 
     Federal Government shall be limited to 10 percent of the 
     principal amount of the secured loan; and
       ``(II) the obligor shall be responsible for paying the 
     remainder of the subsidy cost.

       ``(7) Fees.--The Secretary may establish fees at a level 
     sufficient to cover all or a portion of the costs to the 
     Federal Government of making a secured loan under this 
     section.
       ``(8) Non-federal share.--The proceeds of a secured loan 
     under this chapter may be used for any non-Federal share of 
     project costs required under this title or chapter 53 of 
     title 49, if the loan is repayable from non-Federal funds.
       ``(9) Maximum federal involvement.--The total Federal 
     assistance provided on a project receiving a loan under this 
     chapter shall not exceed 80 percent of the total project 
     cost.
       ``(c) Repayment.--
       ``(1) Schedule.--The Secretary shall establish a repayment 
     schedule for each secured loan under this section based on 
     the projected cash flow from project revenues and other 
     repayment sources, and the useful life of the project.
       ``(2) Commencement.--Scheduled loan repayments of principal 
     or interest on a secured loan under this section shall 
     commence not later than 5 years after the date of substantial 
     completion of the project.
       ``(3) Deferred payments.--
       ``(A) Authorization.--If, at any time after the date of 
     substantial completion of the project, the project is unable 
     to generate sufficient revenues to pay the scheduled loan 
     repayments of principal and interest on the secured loan, the 
     Secretary may, subject to subparagraph (C), allow the obligor 
     to add unpaid principal and interest to the outstanding 
     balance of the secured loan.
       ``(B) Interest.--Any payment deferred under subparagraph 
     (A) shall--
       ``(i) continue to accrue interest in accordance with 
     subsection (b)(4) until fully repaid; and
       ``(ii) be scheduled to be amortized over the remaining term 
     of the loan.
       ``(C) Criteria.--
       ``(i) In general.--Any payment deferral under subparagraph 
     (A) shall be contingent on the project meeting criteria 
     established by the Secretary.
       ``(ii) Repayment standards.--The criteria established under 
     clause (i) shall include standards for reasonable assurance 
     of repayment.
       ``(4) Prepayment.--
       ``(A) Use of excess revenues.--Any excess revenues that 
     remain after satisfying scheduled debt service requirements 
     on the project obligations and secured loan and all deposit 
     requirements under the terms of any trust agreement, bond 
     resolution, or similar agreement securing project obligations 
     may be applied annually to prepay the secured loan without 
     penalty.
       ``(B) Use of proceeds of refinancing.--The secured loan may 
     be prepaid at any time without penalty from the proceeds of 
     refinancing from non-Federal funding sources.
       ``(d) Sale of Secured Loans.--
       ``(1) In general.--Subject to paragraph (2), as soon as 
     practicable after substantial completion of a project and 
     after notifying the obligor, the Secretary may sell to 
     another entity or reoffer into the capital markets a secured 
     loan for the project if the Secretary determines that the 
     sale or reoffering can be made on favorable terms.
       ``(2) Consent of obligor.--In making a sale or reoffering 
     under paragraph (1), the Secretary may not change the 
     original terms and conditions of the secured loan without the 
     written consent of the obligor.
       ``(e) Loan Guarantees.--
       ``(1) In general.--The Secretary may provide a loan 
     guarantee to a lender in lieu of making a secured loan if the 
     Secretary determines that the budgetary cost of the loan 
     guarantee is substantially the same as that of a secured 
     loan.
       ``(2) Terms.--The terms of a guaranteed loan shall be 
     consistent with the terms set forth in this section for a 
     secured loan, except that the rate on the guaranteed loan and 
     any prepayment features shall be negotiated between the 
     obligor and the lender, with the consent of the Secretary.

     ``Sec.  604. Lines of credit

       ``(a) In General.--
       ``(1) Agreements.--Subject to paragraphs (2) through (4), 
     the Secretary may enter into agreements to make available 
     lines of credit to 1 or more obligors in the form of direct 
     loans to be made by the Secretary at future dates on the 
     occurrence of certain events for any project selected under 
     section 602.
       ``(2) Use of proceeds.--The proceeds of a line of credit 
     made available under this section shall be available to pay 
     debt service on project obligations issued to finance 
     eligible project costs, extraordinary repair and replacement 
     costs, operation and maintenance expenses, and costs 
     associated with unexpected Federal or State environmental 
     restrictions.
       ``(3) Risk assessment.--Before entering into an agreement 
     under this subsection, the Secretary, in consultation with 
     the Director of the Office of Management and Budget and each 
     rating agency providing a preliminary rating opinion letter 
     under section 602(b)(3), shall determine an appropriate 
     capital reserve subsidy amount for each line of credit, 
     taking into account the rating opinion letter.
       ``(4) Investment-grade rating requirement.--The funding of 
     a line of credit under this section shall be contingent on 
     the senior obligations of the project receiving an 
     investment-grade rating from 2 rating agencies.
       ``(b) Terms and Limitations.--
       ``(1) In general.--A line of credit under this section with 
     respect to a project shall be on such terms and conditions 
     and contain such covenants, representations, warranties, and 
     requirements (including requirements for audits) as the 
     Secretary determines appropriate.
       ``(2) Maximum amounts.--The total amount of the line of 
     credit shall not exceed 33 percent of the reasonably 
     anticipated eligible project costs.
       ``(3) Draws.--Any draw on the line of credit shall 
     represent a direct loan and shall be made only if net 
     revenues from the project (including capitalized interest but 
     not including reasonably required financing reserves) are 
     insufficient to pay the costs specified in subsection (a)(2).
       ``(4) Interest rate.--Except as otherwise provided in 
     subparagraphs (B) and (C) of section 603(b)(4), the interest 
     rate on a direct loan resulting from a draw on the line of 
     credit shall be not less than the yield on 30-year United 
     States Treasury securities as of the date of execution of the 
     line of credit agreement.
       ``(5) Security.--The line of credit--
       ``(A) shall--
       ``(i) be payable, in whole or in part, from tolls, user 
     fees, or other dedicated revenue sources that also secure the 
     senior project obligations; and
       ``(ii) include a rate covenant, coverage requirement, or 
     similar security feature supporting the project obligations; 
     and
       ``(B) may have a lien on revenues described in subparagraph 
     (A) subject to any lien securing project obligations.
       ``(6) Period of availability.--The full amount of the line 
     of credit, to the extent not drawn upon, shall be available 
     during the period beginning on the date of substantial 
     completion of the project and ending not later than 10 years 
     after that date.
       ``(7) Rights of third-party creditors.--
       ``(A) Against federal government.--A third-party creditor 
     of the obligor shall not have any right against the Federal 
     Government with respect to any draw on the line of credit.
       ``(B) Assignment.--An obligor may assign the line of credit 
     to 1 or more lenders or to a trustee on the behalf of the 
     lenders.
       ``(8) Nonsubordination.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), a direct loan under this section shall not be 
     subordinated to the claims of any holder of project 
     obligations in the event of bankruptcy, insolvency, or 
     liquidation of the obligor.
       ``(B) Pre-existing indenture.--
       ``(i) In general.--The Secretary shall waive subparagraph 
     (A) for public agency borrowers that are financing ongoing 
     capital programs and have outstanding senior bonds under a 
     pre-existing indenture, if--

       ``(I) the line of credit is rated in the A-category or 
     higher;
       ``(II) the TIFIA program loan resulting from a draw on the 
     line of credit is payable from pledged revenues not affected 
     by project performance, such as a tax-backed revenue pledge 
     or a system-backed pledge of project revenues; and
       ``(III) the TIFIA program share of eligible project costs 
     is 33 percent or less.

       ``(ii) Limitation.--If the Secretary waives the 
     nonsubordination requirement under this subparagraph--

       ``(I) the maximum credit subsidy that will be paid by the 
     Federal Government shall be limited to 10 percent of the 
     principal amount of the secured loan; and
       ``(II) the obligor shall be responsible for paying the 
     remainder of the subsidy cost.

       ``(9) Fees.--The Secretary may establish fees at a level 
     sufficient to cover all or a portion of the costs to the 
     Federal Government of providing a line of credit under this 
     section.
       ``(10) Relationship to other credit instruments.--A project 
     that receives a line of credit under this section shall not 
     also receive a secured loan or loan guarantee under section 
     603 in an amount that, combined with the amount of the line 
     of credit, exceeds 49 percent of eligible project costs.
       ``(c) Repayment.--
       ``(1) Terms and conditions.--The Secretary shall establish 
     repayment terms and conditions for each direct loan under 
     this section based on the projected cash flow from project 
     revenues and other repayment sources, and the useful life of 
     the asset being financed.
       ``(2) Timing.--All repayments of principal or interest on a 
     direct loan under this section shall be scheduled to commence 
     not later than 5 years after the end of the period of 
     availability specified in subsection (b)(6) and to conclude, 
     with full repayment of principal and interest, by the date 
     that is 25 years after the end of the period of availability 
     specified in subsection (b)(6).

     ``Sec.  605. Program administration

       ``(a) Requirement.--The Secretary shall establish a uniform 
     system to service the Federal credit instruments made 
     available under this chapter.

[[Page S1275]]

       ``(b) Fees.--The Secretary may collect and spend fees, 
     contingent upon authority being provided in appropriations 
     Acts, at a level that is sufficient to cover--
       ``(1) the costs of services of expert firms retained 
     pursuant to subsection (d); and
       ``(2) all or a portion of the costs to the Federal 
     Government of servicing the Federal credit instruments.
       ``(c) Servicer.--
       ``(1) In general.--The Secretary may appoint a financial 
     entity to assist the Secretary in servicing the Federal 
     credit instruments.
       ``(2) Duties.--The servicer shall act as the agent for the 
     Secretary.
       ``(3) Fee.--The servicer shall receive a servicing fee, 
     subject to approval by the Secretary.
       ``(d) Assistance From Expert Firms.--The Secretary may 
     retain the services of expert firms, including counsel, in 
     the field of municipal and project finance to assist in the 
     underwriting and servicing of Federal credit instruments.

     ``Sec.  606. State and local permits

       ``The provision of credit assistance under this chapter 
     with respect to a project shall not--
       ``(1) relieve any recipient of the assistance of any 
     obligation to obtain any required State or local permit or 
     approval with respect to the project;
       ``(2) limit the right of any unit of State or local 
     government to approve or regulate any rate of return on 
     private equity invested in the project; or
       ``(3) otherwise supersede any State or local law (including 
     any regulation) applicable to the construction or operation 
     of the project.

     ``Sec.  607. Regulations

       ``The Secretary may promulgate such regulations as the 
     Secretary determines appropriate to carry out this chapter.

     ``Sec.  608. Funding

       ``(a) Funding.--
       ``(1) Spending and borrowing authority.--Spending and 
     borrowing authority for a fiscal year to enter into Federal 
     credit instruments shall be promptly apportioned to the 
     Secretary on a fiscal year basis.
       ``(2) Reestimates.--When the estimated cost of a loan or 
     loans is reestimated, the cost of the reestimate shall be 
     borne by or benefit the general fund of the Treasury, 
     consistent with section 661c(f) of title 2, United States 
     Code.
       ``(3) Rural set-aside.--
       ``(A) In general.--Of the total amount of funds made 
     available to carry out this chapter for each fiscal year, 10 
     percent shall be set aside for rural infrastructure projects.
       ``(B) Reobligation.--Any amounts set aside under 
     subparagraph (A) that remain unobligated by June 1 of the 
     fiscal year for which the amounts were set aside shall be 
     available for obligation by the Secretary on projects other 
     than rural infrastructure projects.
       ``(4) Redistribution of authorized funding.--
       ``(A) In general.--Beginning in the second fiscal year 
     after the date of enactment of this paragraph, on August 1 of 
     that fiscal year, and each fiscal year thereafter, if the 
     unobligated and uncommitted balance of funding available 
     exceeds 150 percent of the amount made available to carry out 
     this chapter for that fiscal year, the Secretary shall 
     distribute to the States the amount of funds and associated 
     obligation authority in excess of that amount.
       ``(B) Distribution.--The amounts and obligation authority 
     distributed under this paragraph shall be distributed, in the 
     same manner as obligation authority is distributed to the 
     States for the fiscal year, based on the proportion that--
       ``(i) the relative share of each State of obligation 
     authority for the fiscal year; bears to
       ``(ii) the total amount of obligation authority distributed 
     to all States for the fiscal year.
       ``(C) Purpose.--Funds distributed under subparagraph (B) 
     shall be available for any purpose described in section 
     133(c).
       ``(5) Availability.--Amounts made available to carry out 
     this chapter shall remain available until expended.
       ``(6) Administrative costs.--Of the amounts made available 
     to carry out this chapter, the Secretary may use not more 
     than 1 percent for each fiscal year for the administration of 
     this chapter.
       ``(b) Contract Authority.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, execution of a term sheet by the Secretary of a Federal 
     credit instrument that uses amounts made available under this 
     chapter shall impose on the United States a contractual 
     obligation to fund the Federal credit investment.
       ``(2) Availability.--Amounts made available to carry out 
     this chapter for a fiscal year shall be available for 
     obligation on October 1 of the fiscal year.

     ``Sec.  609. Reports to Congress

       ``On June 1, 2012, and every 2 years thereafter, the 
     Secretary shall submit to Congress a report summarizing the 
     financial performance of the projects that are receiving, or 
     have received, assistance under this chapter (other than 
     section 610), including a recommendation as to whether the 
     objectives of this chapter (other than section 610) are best 
     served--
       ``(1) by continuing the program under the authority of the 
     Secretary;
       ``(2) by establishing a Federal corporation or federally 
     sponsored enterprise to administer the program; or
       ``(3) by phasing out the program and relying on the capital 
     markets to fund the types of infrastructure investments 
     assisted by this chapter (other than section 610) without 
     Federal participation.''.

     SEC. 3003. STATE INFRASTRUCTURE BANKS.

       Section 610(d)(1)(A) of title 23, United States Code, is 
     amended by striking ``sections 104(b)(1)'' and all that 
     follows though the semicolon and inserting ``paragraphs (1) 
     and (2) of section 104(b)''.

                  TITLE IV--HIGHWAY SPENDING CONTROLS

     SEC. 4001. HIGHWAY SPENDING CONTROLS.

       (a) In General.--Title 23, United States Code, is amended 
     by adding at the end the following:

                  Chapter 7--Highway Spending Controls

Sec.
701. Solvency of Highway Account of the Highway Trust Fund.

     ``SEC. 701. SOLVENCY OF HIGHWAY ACCOUNT OF THE HIGHWAY TRUST 
                   FUND.

       ``(a) Solvency Calculation for Fiscal Year 2012.--
       ``(1) Adjustment of obligation limitation.--Not later than 
     60 days after the date of enactment of the MAP 21, the 
     Secretary, in consultation with the Secretary of Treasury, 
     shall:
       ``(A) Estimate the balance of the Highway Trust Fund (other 
     than the Mass Transit Account) at the end of fiscal years 
     2012 and 2013. For purposes of which estimation, the 
     Secretary shall assume that the obligation limitation on 
     Federal-aid highways and highway safety construction programs 
     will be equal to the obligation limitations enacted for those 
     fiscal years in the MAP 21.
       ``(B) Determine if the estimated balance of the Highway 
     Trust Fund (other than the Mass Transit Account) would fall 
     below--
       ``(i) $2,000,000,000 at the end of fiscal year 2012; or
       ``(ii) $1,000,000,000 at the end of fiscal year 2013.
       ``(C) If either of the conditions in subparagraph (B) would 
     occur, calculate the amount by which the fiscal year 2012 
     obligation limitation must be reduced to prevent such 
     occurrence. For purposes of this calculation, the Secretary 
     shall assume that the obligation limitation on Federal-aid 
     highways and highway safety construction programs for the 
     fiscal year 2013 will be equal to the obligation limitation 
     for fiscal year 2012, as reduced pursuant to this 
     subparagraph.
       ``(D) Adjust the distribution of the fiscal year 2012 
     obligation limitation to reflect any reduction determined 
     under subparagraph (C).
       ``(2) Lapse and rescission.--
       ``(A) Lapse of obligation limitation.--Any obligation 
     limitation that is withdrawn by the Secretary pursuant to 
     paragraph (1)(D) shall lapse immediately following the 
     adjustment of obligation limitation under such paragraph.
       ``(B) Rescission of contract authority.--Upon the lapse of 
     any obligation limitation under subparagraph (A), the 
     Secretary shall reduce proportionately the amount authorized 
     to be appropriated from the Highway Trust Fund (other than 
     the Mass Transit Account) for fiscal year 2012 to carry out 
     each of the Federal-aid highway and highway safety 
     construction programs (other than emergency relief and funds 
     under the national highway performance program that are 
     exempt from the fiscal year 2012 obligation limitation) by an 
     aggregate amount equal to the amount of adjustment determined 
     pursuant to paragraph (1)(D). The amounts withdrawn pursuant 
     to this subparagraph are permanently rescinded.
       ``(b) Solvency Calculation for Fiscal Year 2013 and Fiscal 
     Years Thereafter.--
       ``(1) Adjustment of obligation limitation.--Except as 
     provided in paragraph (2), in distributing the obligation 
     limitation on Federal-aid highways and highway safety 
     construction programs for fiscal year 2013 and each fiscal 
     year thereafter, the Secretary shall--
       ``(A) estimate the balance of the Highway Trust Fund (other 
     than the Mass Transit Account) at the end of such fiscal year 
     and the end of the next fiscal year, for purposes of which 
     estimation, the Secretary shall assume that the obligation 
     limitation on Federal-aid highways and highway safety 
     construction programs for the next fiscal year will be equal 
     to the obligation limitation enacted for the fiscal year for 
     which the limitation is being distributed;
       ``(B) determine whether the estimated balance of the 
     Highway Trust Fund (other than the Mass Transit Account) 
     would fall below $2,000,000,000 at the end of the fiscal year 
     for which the obligation limitation is being distributed;
       ``(C) if the condition in subparagraph (B) would occur, 
     calculate the amount by which the obligation limitation in 
     the fiscal year for which the obligation limitation is being 
     distributed must be reduced to prevent that occurrence; and
       ``(D) distribute such obligation limitation less any amount 
     determined under subparagraph (C).
       ``(2) Lapse and rescission.--
       ``(A) Obligation limitation.--
       ``(i) Recalculation.--In a fiscal year in which the 
     Secretary withholds obligation limitation based on the 
     calculation under paragraph (1), the Secretary shall, on 
     March 1 of such fiscal year, repeat the calculations under 
     subparagraphs (A) through (C) of such paragraph. Based on the 
     results of those calculations, the Secretary shall--

[[Page S1276]]

       ``(I) if the Secretary determines that either of the 
     conditions in paragraph (1)(B) would occur, withdraw an 
     additional amount of obligation limitation necessary to 
     prevent such occurrence; or
       ``(II) distribute as much of the withheld obligation 
     limitation as may be distributed without causing either of 
     the conditions specified in paragraph (1)(B) to occur.

       ``(ii) Lapse.--Any obligation limitation that is enacted 
     for a fiscal year, withheld from distribution pursuant to 
     paragraph (1)(D) (or withdrawn under clause (i)(I)), and not 
     subsequently distributed under clause (i)(II) shall lapse 
     immediately following the distribution of obligation 
     limitation under such clause.
       ``(B) Contract authority.--
       ``(i) In general.--Upon the lapse of any obligation 
     limitation under subparagraph (A)(ii), an equal amount of the 
     unobligated balances of funds apportioned among the States 
     under chapter 1 and sections 1116, 1303, and 1404 of the 
     SAFETEA LU (119 Stat. 1177, 1207, and 1228) are permanently 
     rescinded. In administering the rescission required under 
     this clause, the Secretary shall allow each State to 
     determine the amount of the required rescission to be drawn 
     from the programs to which the rescission applies, except as 
     provided in clause (ii).
       ``(ii) Rescission of funds apportioned in fiscal year 2013 
     and fiscal years thereafter.--If a State determines that it 
     will meet any of its required rescission amount from funds 
     apportioned to such State on or subsequent to October 1, 
     2012, the Secretary shall determine the amount to be 
     rescinded from each of the programs subject to the rescission 
     for which the State was apportioned funds on or subsequent to 
     October 1, 2012, in proportion to the cumulative amount of 
     apportionments that the State received for each such program 
     on or subsequent to October 1, 2012.
       ``(3) Other actions to prevent insolvency.--The Secretary 
     shall issue a regulation to establish any actions in addition 
     to those described in subsection (a) and paragraph (1) that 
     may be taken by the Secretary if it becomes apparent that the 
     Highway Trust Fund (other than the Mass Transit Account) will 
     become insolvent, including the denial of further 
     obligations.
       ``(4) Applicable only to full-year limitation.--The 
     requirements of paragraph (1) apply only to the distribution 
     of a full-year obligation limitation and do not apply to 
     partial-year limitations under continuing appropriations 
     Acts.''.
       (b) Table of Chapters.--The table of chapters for title 23, 
     United States Code, is amended by inserting after the item 
     relating to chapter 6 the following:

``7. Highway Spending Controls...............................701''.....

                   DIVISION B--PUBLIC TRANSPORTATION

     SEC. 20001. SHORT TITLE.

       This division may be cited as the ``Federal Public 
     Transportation Act of 2012''.

     SEC. 20002. 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. 20003. 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. 20004. 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;

[[Page S1277]]

       ``(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;
       ``(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. 20005. 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

[[Page S1278]]

     Agency as an air quality attainment area, under section 
     107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
       ``(4) Metropolitan planning area.--The term `metropolitan 
     planning area' means a geographical area determined by 
     agreement between the metropolitan planning organization for 
     the area and the applicable Governor under subsection (c).
       ``(5) Metropolitan planning organization.--The term 
     `metropolitan planning organization' means the policy board 
     of an organization established pursuant to subsection (c).
       ``(6) Metropolitan transportation plan.--The term 
     `metropolitan transportation plan' means a plan developed by 
     a metropolitan planning organization under subsection (i).
       ``(7) Nonattainment area.--The term `nonattainment area' 
     has the meaning given the term in section 171 of the Clean 
     Air Act (42 U.S.C. 7501).
       ``(8) Nonmetropolitan area.--
       ``(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

[[Page S1279]]

     20-year forecast period under the applicable metropolitan 
     transportation plan; and
       ``(B) may encompass the entire relevant metropolitan 
     statistical area, as defined by the Office of Management and 
     Budget.
       ``(3) Identification of new urbanized areas.--The 
     designation by the Bureau of the Census of a new urbanized 
     area within the boundaries of an existing metropolitan 
     planning area shall not require the redesignation of the 
     relevant existing MPO.
       ``(4) Nonattainment and maintenance areas.--
       ``(A) Existing metropolitan planning areas.--
       ``(i) In general.--Except as provided in clause (ii), 
     notwithstanding paragraph (2), in the case of an urbanized 
     area designated as a nonattainment area or maintenance area 
     as of the date of enactment of the 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.

[[Page S1280]]

       ``(B) Nonmetropolitan planning organizations.--A 
     metropolitan planning organization that is adjacent or 
     located in reasonably close proximity to a nonmetropolitan 
     planning organization shall consult with that nonmetropolitan 
     planning organization with respect to planning processes, to 
     the maximum extent practicable.
       ``(4) Relationship with other planning officials.--
       ``(A) In general.--The Secretary shall encourage each 
     metropolitan planning organization to cooperate with Federal, 
     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);

[[Page S1281]]

       ``(iii) a description of the current and projected future 
     usage of the transportation system, including a projection 
     based on a preferred scenario, and further including, to the 
     extent practicable, an identification of existing or planned 
     transportation rights-of-way, corridors, facilities, and 
     related real properties;
       ``(iv) a system performance report evaluating the existing 
     and future condition and performance of the transportation 
     system with respect to the performance targets described in 
     subsection (h)(2) and updates in subsequent system 
     performance reports, including--

       ``(I) progress achieved by the metropolitan planning 
     organization in meeting the performance targets in comparison 
     with system performance recorded in previous reports;
       ``(II) an accounting of the performance of the metropolitan 
     planning organization on 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

[[Page S1282]]

     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 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

[[Page S1283]]

     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 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. 20006. 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.--

[[Page S1284]]

       ``(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 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

[[Page S1285]]

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

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

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

       ``(I) the existing transportation infrastructure, including 
     an identification of highways, local streets and roads, 
     bicycle and pedestrian facilities, 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).

[[Page S1286]]

       ``(C) Performance target achievement.--A statewide 
     transportation improvement program shall include, to the 
     maximum extent practicable, a discussion of the anticipated 
     effect of the statewide transportation improvement program 
     toward achieving the performance targets established in the 
     statewide transportation plan, linking investment priorities 
     to those performance targets.
       ``(D) Illustrative list of projects.--An optional 
     illustrative list of projects may be prepared containing 
     additional investment priorities that--
       ``(i) are not included in the statewide transportation 
     improvement program; but
       ``(ii) would be so included if resources in addition to the 
     resources identified in the financial plan under paragraph 
     (3) were available.
       ``(3) Financial plan.--A financial plan referred to in 
     paragraph (2)(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

[[Page S1287]]

     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.''.

     SEC. 20007. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM.

       (a) In General.--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.--The Secretary may make grants and 
     enter into contracts and other agreements (including 
     agreements with departments, agencies, and instrumentalities 
     of the Government) for--
       ``(1) 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; and
       ``(2) 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 
     under this chapter.
       ``(2) No effect on other government activity.--The 
     provision of funds under this section shall not affect the 
     ability of any other agency of the Government, including the 
     Federal Emergency Management Agency, or a State agency, a 
     local governmental entity, organization, or person, to 
     provide any other funds otherwise authorized by law.
       ``(3) 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) Grant Requirements.--A grant awarded under this 
     section or under section 5307 or 5311 that is made to address 
     an emergency defined under subsection (a)(2) shall be--
       ``(1) subject to the terms and conditions the Secretary 
     determines are necessary; and
       ``(2) made only for expenses that are not reimbursed under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.).
       ``(e) 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--
       ``(A) paragraph (2); or
       ``(B) section 5307 or 5311, in the case of a grant made 
     available under section 5307 or 5311, respectively, to 
     address an emergency.''.
       (b) Memorandum of Agreement.--
       (1) Purposes.--The purposes of this subsection are--
       (A) to improve coordination between the Department of 
     Transportation and the Department of Homeland Security; and
       (B) to expedite the provision of Federal assistance for 
     public transportation systems for activities relating to a 
     major disaster or emergency declared by the President under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) (referred to in this 
     subsection as a ``major disaster or emergency'').
       (2) Agreement.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Transportation and 
     the Secretary of Homeland Security shall enter into a 
     memorandum of agreement to coordinate the roles and 
     responsibilities of the Department of Transportation and the 
     Department of Homeland Security in providing assistance for 
     public transportation, including the provision of public 
     transportation services and the repair and restoration of 
     public transportation systems in areas for which the 
     President has declared a major disaster or emergency.
       (3) Contents of agreement.--The memorandum of agreement 
     required under paragraph (2) shall--
       (A) provide for improved coordination and expeditious use 
     of public transportation, as appropriate, in response to and 
     recovery from a major disaster or emergency;
       (B) establish procedures to address--
       (i) issues that have contributed to delays in the 
     reimbursement of eligible transportation-related expenses 
     relating to a major disaster or emergency;
       (ii) any challenges identified in the review under 
     paragraph (4); and
       (iii) the coordination of assistance for public 
     transportation provided under the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act and section 5306 of title 
     49, United States Code, as amended by this Act, as 
     appropriate; and
       (C) provide for the development and distribution of clear 
     guidelines for State, local, and tribal governments, 
     including public transportation systems, relating to--
       (i) assistance available for public transportation systems 
     for activities relating to a major disaster or emergency--

       (I) under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act;
       (II) under section 5306 of title 49, United States Code, as 
     amended by this Act; and
       (III) from other sources, including other Federal agencies; 
     and

       (ii) reimbursement procedures that speed the process of--

       (I) applying for assistance under the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act and section 5306 
     of title 49, United States Code, as amended by this Act; and
       (II) distributing assistance for public transportation 
     systems under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act and section 5306 of title 49, United 
     States Code, as amended by this Act.

       (4) After action review.--Before entering into a memorandum 
     of agreement under paragraph (2), the Secretary of 
     Transportation and the Secretary of Homeland Security (acting 
     through the Administrator of the Federal Emergency Management 
     Agency), in consultation with State, local, and tribal 
     governments (including public transportation systems) that 
     have experienced a major disaster or emergency, shall review 
     after action reports relating to major disasters, 
     emergencies, and exercises, to identify areas where 
     coordination between the Department of Transportation and the 
     Department of Homeland Security and the provision of public 
     transportation services should be improved.
       (5) Factors for declarations of major disasters and 
     emergencies.--The Administrator of the Federal Emergency 
     Management Agency shall make available to State, local, and 
     tribal governments, including public transportation systems, 
     a description of the factors that the President considers in 
     declaring a major disaster or emergency, including any pre-
     disaster emergency declaration policies.
       (6) Briefings.--
       (A) Initial briefing.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary of 
     Transportation and the Secretary of Homeland Security shall 
     jointly brief the Committee on Banking, Housing, and Urban 
     Affairs and the Committee on Homeland Security and 
     Governmental Affairs of the Senate on the memorandum of 
     agreement required under paragraph (2).
       (B) Quarterly briefings.--Each quarter of the 1-year period 
     beginning on the date on which the Secretary of 
     Transportation and the Secretary of Homeland Security enter 
     into the memorandum of agreement required under paragraph 
     (2), the Secretary of Transportation and the Secretary of 
     Homeland Security shall jointly brief the Committee on 
     Banking, Housing, and Urban Affairs and the Committee on 
     Homeland Security and Governmental Affairs of the Senate on 
     the implementation of the memorandum of agreement.

     SEC. 20008. 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

[[Page S1288]]

       ``(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.--
       ``(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;

[[Page S1289]]

       ``(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.
       ``(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. 20009. 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--

[[Page S1290]]

       ``(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. 20010. 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--
       ``(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.

[[Page S1291]]

       ``(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;
       ``(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;

[[Page S1292]]

       ``(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 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.

[[Page S1293]]

       ``(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.
       ``(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

[[Page S1294]]

     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. 20011. 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.);
       ``(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.

[[Page S1295]]

       ``(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, 
     including any transportation activities carried out by a 
     recipient of a grant from the Department of Health and Human 
     Services.
       ``(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--
       ``(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) Measures.--The performance measures established under 
     paragraph (1) shall require the collection of quantitative 
     and qualitative information, as available, concerning--
       ``(A) modifications to the geographic coverage of 
     transportation service, the quality of transportation 
     service, or service times that increase the availability of 
     transportation services for seniors and individuals with 
     disabilities;
       ``(B) ridership;
       ``(C) accessibility improvements; and
       ``(D) other measures, as the Secretary determines is 
     appropriate.
       ``(3) 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.
       ``(4) 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 (3) for that 
     fiscal year; and
       ``(B) the performance targets established by the recipient 
     for the subsequent fiscal year.''.

     SEC. 20012. 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

[[Page S1296]]

     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 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

[[Page S1297]]

     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. 20013. 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--
       ``(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.

[[Page S1298]]

       ``(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. 20014. 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.--
       ``(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. 20015. 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. 20016. 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;

[[Page S1299]]

       ``(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. 20017. 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 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.

[[Page S1300]]

       ``(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 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. 20018. 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. 20019. 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;

[[Page S1301]]

       ``(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. 20020. 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. 20021. 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.
       ``(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;

[[Page S1302]]

       ``(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.
       ``(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;

[[Page S1303]]

       ``(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.--
       ``(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. 20022. 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. 20023. 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

[[Page S1304]]

     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. 20024. 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. 20025. 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. 20026. 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. 20027. 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 .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

[[Page S1305]]

     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.''.

     SEC. 20028. 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

[[Page S1306]]

     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.''.

     SEC. 20029. 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 20005(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 20005(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.

[[Page S1307]]

       ``(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. 20030. 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
       ``(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. 20031. 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'';

[[Page S1308]]

       (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 20025 
     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.''.

  DIVISION C--TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY

   TITLE I--MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF 2012

     SEC. 31001. SHORT TITLE.

       This title may be cited as the ``Motor Vehicle and Highway 
     Safety Improvement Act of 2012'' or ``Mariah's Act''.

     SEC. 31002. DEFINITION.

       In this title, the term ``Secretary'' means the Secretary 
     of Transportation.

                       Subtitle A--Highway Safety

     SEC. 31101. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--The following sums are authorized to be 
     appropriated out of the Highway Trust Fund (other than the 
     Mass Transit Account):
       (1) Highway safety programs.--For carrying out section 402 
     of title 23, United States Code--
       (A) $243,000,000 for fiscal year 2012; and
       (B) $243,000,000 for fiscal year 2013.
       (2) Highway safety research and development.--For carrying 
     out section 403 of title 23, United States Code--
       (A) $130,000,000 for fiscal year 2012; and
       (B) $139,000,000 for fiscal year 2013.
       (3) Combined occupant protection grants.--For carrying out 
     section 405 of title 23, United States Code--
       (A) $44,000,000 for fiscal year 2012; and
       (B) $44,000,000 for fiscal year 2013.
       (4) State traffic safety information system improvements.--
     For carrying out section 408 of title 23, United States 
     Code--
       (A) $44,000,000 for fiscal year 2012; and
       (B) $44,000,000 for fiscal year 2013.
       (5) Impaired driving countermeasures.--For carrying out 
     section 410 of title 23, United States Code--
       (A) $139,000,000 for fiscal year 2012; and
       (B) $139,000,000 for fiscal year 2013.
       (6) Distracted driving grants.--For carrying out section 
     411 of title 23, United States Code--
       (A) $39,000,000 for fiscal year 2012; and
       (B) $39,000,000 for fiscal year 2013.
       (7) National driver register.--For the National Highway 
     Traffic Safety Administration to carry out chapter 303 of 
     title 49, United States Code--
       (A) $5,000,000 for fiscal year 2012; and
       (B) $5,000,000 for fiscal year 2013.
       (8) High visibility enforcement program.--For carrying out 
     section 2009 of SAFETEA LU (23 U.S.C. 402 note)--
       (A) $37,000,000 for fiscal year 2012; and
       (B) $37,000,000 for fiscal year 2013.
       (9) Motorcyclist safety.--For carrying out section 2010 of 
     SAFETEA LU (23 U.S.C. 402 note)--
       (A) $6,000,000 for fiscal year 2012; and
       (B) $6,000,000 for fiscal year 2013.
       (10) Administrative expenses.--For administrative and 
     related operating expenses of the National Highway Traffic 
     Safety Administration in carrying out chapter 4 of title 23, 
     United States Code, and this subtitle--
       (A) $25,581,280 for fiscal year 2012; and
       (B) $25,862,674 for fiscal year 2013.
       (11) Driver alcohol detection system for safety research.--
     For carrying out section 413 of title 23, United States 
     Code--
       (A) $12,000,000 for fiscal year 2012; and
       (B) $12,000,000 for fiscal year 2013.
       (12) State graduated driver licensing laws.--For carrying 
     out section 414 of title 23, United States Code--
       (A) $22,000,000 for fiscal year 2012; and
       (B) $22,000,000 for fiscal year 2013.
       (b) Prohibition on Other Uses.--Except as otherwise 
     provided in chapter 4 of title 23, United States Code, in 
     this subtitle, and in the amendments made by this subtitle, 
     the amounts made available from the Highway Trust Fund (other 
     than the Mass Transit Account) for a program under such 
     chapter--
       (1) shall only be used to carry out such program; and
       (2) may not be used by a States or local governments for 
     construction purposes.
       (c) Applicability of Subtitle 23.--Except as otherwise 
     provided in chapter 4 of title 23, United States Code, and in 
     this subtitle, amounts made available under subsection (a) 
     for fiscal years 2012 and 2013 shall be available for 
     obligation in the same manner as if such funds were 
     apportioned under chapter 1 of title 23, United States Code.
       (d) Regulatory Authority.--Grants awarded under this 
     subtitle shall be in accordance with regulations issued by 
     the Secretary.
       (e) State Matching Requirements.--If a grant awarded under 
     this subtitle requires a State to share in the cost, the 
     aggregate of all expenditures for highway safety activities 
     made during any fiscal year by the State and its political 
     subdivisions (exclusive of Federal funds) for carrying out 
     the grant (other than planning and administration) shall be 
     available for the purpose of crediting the State during such 
     fiscal year for the non-Federal share of the cost of any 
     project under this subtitle (other than planning or 
     administration) without regard to whether such expenditures 
     were actually made in connection with such project.
       (f) Maintenance of Effort.--
       (1) Requirement.--No grant may be made to a State under 
     section 405, 408, or 410 of title 23, United States Code, in 
     any fiscal year unless the State enters into such agreements 
     with the Secretary as the Secretary may require to ensure 
     that the State will maintain its aggregate expenditures from 
     all State and local sources for programs described in such 
     sections at or above the average level of such expenditures 
     in its 2 fiscal years preceding the date of enactment of this 
     Act.
       (2) Waiver.--Upon the request of a State, the Secretary may 
     waive or modify the requirements under paragraph (1) for not 
     more than 1 fiscal year if the Secretary determines that such 
     a waiver would be equitable due to exceptional or 
     uncontrollable circumstances.
       (g) Transfers.--In each fiscal year, the Secretary may 
     transfer any amounts remaining available under paragraphs 
     (3), (4), (5), (6), (9), (11), and (12) of subsection (a) to 
     the amounts made available under paragraph (1) or any other 
     of such paragraphs in order to ensure, to the maximum extent 
     possible, that all funds are obligated.
       (h) Grant Application and Deadline.--To receive a grant 
     under this subtitle, a State shall submit an application, and 
     the Secretary shall establish a single deadline for such 
     applications to enable the award of grants early in the next 
     fiscal year.
       (i) Allocation to Support State Distracted Driving Laws.--
     Of the amounts available under subsection (a)(6) for 
     distracted driving grants, the Secretary may expend, in each 
     fiscal year, up to $5,000,000 for the development and 
     placement of broadcast media to support the enforcement of 
     State distracted driving laws.

     SEC. 31102. HIGHWAY SAFETY PROGRAMS.

       (a) Programs Included.--Section 402(a) of title 23, United 
     States Code, is amended to read as follows:

[[Page S1309]]

       ``(a) Program Required.--
       ``(1) In general.--Each State shall have a highway safety 
     program, approved by the Secretary, that is designed to 
     reduce traffic accidents and the resulting deaths, injuries, 
     and property damage.
       ``(2) Uniform guidelines.--Programs required under 
     paragraph (1) shall comply with uniform guidelines, 
     promulgated by the Secretary and expressed in terms of 
     performance criteria, that--
       ``(A) include programs--
       ``(i) to reduce injuries and deaths resulting from motor 
     vehicles being driven in excess of posted speed limits;
       ``(ii) to encourage the proper use of occupant protection 
     devices (including the use of safety belts and child 
     restraint systems) by occupants of motor vehicles;
       ``(iii) to reduce injuries and deaths resulting from 
     persons driving motor vehicles while impaired by alcohol or a 
     controlled substance;
       ``(iv) to prevent accidents and reduce injuries and deaths 
     resulting from accidents involving motor vehicles and 
     motorcycles;
       ``(v) to reduce injuries and deaths resulting from 
     accidents involving school buses;
       ``(vi) to reduce accidents resulting from unsafe driving 
     behavior (including aggressive or fatigued driving and 
     distracted driving arising from the use of electronic devices 
     in vehicles); and
       ``(vii) to improve law enforcement services in motor 
     vehicle accident prevention, traffic supervision, and post-
     accident procedures;
       ``(B) improve driver performance, including--
       ``(i) driver education;
       ``(ii) driver testing to determine proficiency to operate 
     motor vehicles; and
       ``(iii) driver examinations (physical, mental, and driver 
     licensing);
       ``(C) improve pedestrian performance and bicycle safety;
       ``(D) include provisions for--
       ``(i) an effective record system of accidents (including 
     resulting injuries and deaths);
       ``(ii) accident investigations to determine the probable 
     causes of accidents, injuries, and deaths;
       ``(iii) vehicle registration, operation, and inspection; 
     and
       ``(iv) emergency services; and
       ``(E) to the extent determined appropriate by the 
     Secretary, are applicable to federally administered areas 
     where a Federal department or agency controls the highways or 
     supervises traffic operations.''.
       (b) Administration of State Programs.--Section 402(b)(1) of 
     title 23, United States Code, is amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) by redesignating subparagraph (E) as subparagraph (F);
       (3) by inserting after subparagraph (D) the following:
       ``(E) beginning on October 1, 2012, provide for a robust, 
     data-driven traffic safety enforcement program to prevent 
     traffic violations, crashes, and crash fatalities and 
     injuries in areas most at risk for such incidents, to the 
     satisfaction of the Secretary;''; and
       (4) in subparagraph (F), as redesignated--
       (A) in clause (i), by inserting ``and high-visibility law 
     enforcement mobilizations coordinated by the Secretary'' 
     after ``mobilizations'';
       (B) in clause (iii), by striking ``and'' at the end;
       (C) in clause (iv), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(v) ensuring that the State will coordinate its highway 
     safety plan, data collection, and information systems with 
     the State strategic highway safety plan (as defined in 
     section 148(a)).''.
       (c) Approved Highway Safety Programs.--Section 402(c) of 
     title 23, United States Code, is amended--
       (1) by striking ``(c) Funds authorized'' and inserting the 
     following:
       ``(c) Use of Funds.--
       ``(1) In general.--Funds authorized'';
       (2) by striking ``Such funds'' and inserting the following:
       ``(2) Apportionment.--Except for amounts identified in 
     subsection (l) and section 403(e), funds described in 
     paragraph (1)'';
       (3) by striking ``The Secretary shall not'' and all that 
     follows through ``subsection, a highway safety program'' and 
     inserting ``A highway safety program'';
       (4) by inserting ``A State may use the funds apportioned 
     under this section, in cooperation with neighboring States, 
     for highway safety programs or related projects that may 
     confer benefits on such neighboring States.'' after ``in 
     every State.'';
       (5) by striking ``50 per centum'' and inserting ``20 
     percent''; and
       (6) by striking ``The Secretary shall promptly'' and all 
     that follows and inserting the following:
       ``(3) Reapportionment.--The Secretary shall promptly 
     apportion the funds withheld from a State's apportionment to 
     the State if the Secretary approves the State's highway 
     safety program or determines that the State has begun 
     implementing an approved program, as appropriate, not later 
     than July 31st of the fiscal year for which the funds were 
     withheld. If the Secretary determines that the State did not 
     correct its failure within such period, the Secretary shall 
     reapportion the withheld funds to the other States in 
     accordance with the formula specified in paragraph (2) not 
     later than the last day of the fiscal year.''.
       (d) Use of Highway Safety Program Funds.--Section 402(g) of 
     title 23, United States Code, is amended to read as follows:
       ``(g) Savings Provision.--
       ``(1) In general.--Except as provided under paragraph (2), 
     nothing in this section may be construed to authorize the 
     appropriation or expenditure of funds for--
       ``(A) highway construction, maintenance, or design (other 
     than design of safety features of highways to be incorporated 
     into guidelines); or
       ``(B) any purpose for which funds are authorized by section 
     403.
       ``(2) Demonstration projects.--A State may use funds made 
     available to carry out this section to assist in 
     demonstration projects carried out by the Secretary under 
     section 403.''.
       (e) In General.--Section 402 of title 23, United States 
     Code, is amended--
       (1) by striking subsections (k) and (m);
       (2) by redesignating subsections (i) and (j) as subsections 
     (h) and (i), respectively; and
       (3) by redesignating subsection (l) as subsection (j).
       (f) Highway Safety Plan and Reporting Requirements.--
     Section 402 of title 23, United States Code, as amended by 
     this section, is further amended by adding at the end the 
     following:
       ``(k) Highway Safety Plan and Reporting Requirements.--
       ``(1) In general.--The Secretary shall require each State 
     to develop and submit to the Secretary a highway safety plan 
     that complies with the requirements under this subsection not 
     later than July 1, 2012, and annually thereafter.
       ``(2) Contents.--State highway safety plans submitted under 
     paragraph (1) shall include--
       ``(A) performance measures required by the Secretary or 
     otherwise necessary to support additional State safety goals, 
     including--
       ``(i) documentation of current safety levels for each 
     performance measure;
       ``(ii) quantifiable annual performance targets for each 
     performance measure; and
       ``(iii) a justification for each performance target;
       ``(B) a strategy for programming funds apportioned to the 
     State under this section on projects and activities that will 
     allow the State to meet the performance targets described in 
     subparagraph (A);
       ``(C) data and data analysis supporting the effectiveness 
     of proposed countermeasures;
       ``(D) a description of any Federal, State, local, or 
     private funds that the State plans to use, in addition to 
     funds apportioned to the State under this section, to carry 
     out the strategy described in subparagraph (B);
       ``(E) beginning with the plan submitted by July 1, 2013, a 
     report on the State's success in meeting State safety goals 
     set forth in the previous year's highway safety plan; and
       ``(F) an application for any additional grants available to 
     the State under this chapter.
       ``(3) Performance measures.--For the first highway safety 
     plan submitted under this subsection, the performance 
     measures required by the Secretary under paragraph (2)(A) 
     shall be limited to those developed by the National Highway 
     Traffic Safety Administration and the Governor's Highway 
     Safety Association and described in the report, `Traffic 
     Safety Performance Measures for States and Federal Agencies' 
     (DOT HS 811 025). For subsequent highway safety plans, the 
     Secretary shall consult with the Governor's Highway Safety 
     Association and safety experts if the Secretary makes 
     revisions to the set of required performance measures.
       ``(4) Review of highway safety plans.--
       ``(A) In general.--Not later than 60 days after the date on 
     which a State's highway safety plan is received by the 
     Secretary, the Secretary shall review and approve or 
     disapprove the plan.
       ``(B) Approvals and disapprovals.--
       ``(i) Approvals.--The Secretary shall approve a State's 
     highway safety plan if the Secretary determines that--

       ``(I) the plan is evidence-based and supported by data;
       ``(II) the performance targets are adequate; and
       ``(III) the plan, once implemented, will allow the State to 
     meet such targets.

       ``(ii) Disapprovals.--The Secretary shall disapprove a 
     State's highway safety plan if the Secretary determines that 
     the plan does not--

       ``(I) set appropriate performance targets; or
       ``(II) provide for evidence-based programming of funding in 
     a manner sufficient to allow the State to meet such targets.

       ``(C) Actions upon disapproval.--If the Secretary 
     disapproves a State's highway safety plan, the Secretary 
     shall--
       ``(i) inform the State of the reasons for such disapproval; 
     and
       ``(ii) require the State to resubmit the plan with any 
     modifications that the Secretary determines to be necessary.
       ``(D) Review of resubmitted plans.--If the Secretary 
     requires a State to resubmit a highway safety plan, with 
     modifications, the Secretary shall review and approve or 
     disapprove the modified plan not later than 30 days after the 
     date on which the Secretary receives such plan.
       ``(E) Reprogramming authority.--If the Secretary determines 
     that the modifications contained in a State's resubmitted 
     highway safety plan do not provide for the programming of 
     funding in a manner sufficient to meet the State's 
     performance goals, the Secretary, in consultation with the 
     State, shall take such action as may be necessary to

[[Page S1310]]

     bring the State's plan into compliance with the performance 
     targets.
       ``(F) Public notice.--A State shall make the State's 
     highway safety plan, and decisions of the Secretary 
     concerning approval or disapproval of a revised plan, 
     available to the public.''.
       (g) Cooperative Research and Evaluation.--Section 402 of 
     title 23, United States Code, as amended by this section, is 
     further amended by adding at the end the following:
       ``(l) Cooperative Research and Evaluation.--
       ``(1) Establishment and funding.--Notwithstanding the 
     apportionment formula set forth in subsection (c)(2), 
     $2,500,000 of the total amount available for apportionment to 
     the States for highway safety programs under subsection (c) 
     in each fiscal year shall be available for expenditure by the 
     Secretary, acting through the Administrator of the National 
     Highway Traffic Safety Administration, for a cooperative 
     research and evaluation program to research and evaluate 
     priority highway safety countermeasures.
       ``(2) Administration.--The program established under 
     paragraph (1)--
       ``(A) shall be administered by the Administrator of the 
     National Highway Traffic Safety Administration; and
       ``(B) shall be jointly managed by the Governors Highway 
     Safety Association and the National Highway Traffic Safety 
     Administration.''.
       (h) Teen Traffic Safety Program.--Section 402 of title 23, 
     United States Code, as amended by this section, is further 
     amended by adding at the end the following:
       ``(m) Teen Traffic Safety Program.--
       ``(1) Program authorized.--Subject to the requirements of a 
     State's highway safety plan, as approved by the Secretary 
     under subsection (k), a State may use a portion of the 
     amounts received under this section to implement a statewide 
     teen traffic safety program to improve traffic safety for 
     teen drivers.
       ``(2) Strategies.--The program implemented under paragraph 
     (1)--
       ``(A) shall include peer-to-peer education and prevention 
     strategies in schools and communities designed to--
       ``(i) increase safety belt use;
       ``(ii) reduce speeding;
       ``(iii) reduce impaired and distracted driving;
       ``(iv) reduce underage drinking; and
       ``(v) reduce other behaviors by teen drivers that lead to 
     injuries and fatalities; and
       ``(B) may include--
       ``(i) working with student-led groups and school advisors 
     to plan and implement teen traffic safety programs;
       ``(ii) providing subgrants to schools throughout the State 
     to support the establishment and expansion of student groups 
     focused on teen traffic safety;
       ``(iii) providing support, training, and technical 
     assistance to establish and expand school and community 
     safety programs for teen drivers;
       ``(iv) creating statewide or regional websites to publicize 
     and circulate information on teen safety programs;
       ``(v) conducting outreach and providing educational 
     resources for parents;
       ``(vi) establishing State or regional advisory councils 
     comprised of teen drivers to provide input and 
     recommendations to the governor and the governor's safety 
     representative on issues related to the safety of teen 
     drivers;
       ``(vii) collaborating with law enforcement;
       ``(viii) organizing and hosting State and regional 
     conferences for teen drivers;
       ``(ix) establishing partnerships and promoting coordination 
     among community stakeholders, including public, not-for-
     profit, and for profit entities; and
       ``(x) funding a coordinator position for the teen safety 
     program in the State or region.''.

     SEC. 31103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

       Section 403 of title 23, United States Code, is amended to 
     read as follows:

     ``Sec.  403. Highway safety research and development

       ``(a) Defined Term.--In this section, the term `Federal 
     laboratory' includes--
       ``(1) a government-owned, government-operated laboratory; 
     and
       ``(2) a government-owned, contractor-operated laboratory.
       ``(b) General Authority.--
       ``(1) Research and development activities.--The Secretary 
     may conduct research and development activities, including 
     demonstration projects and the collection and analysis of 
     highway and motor vehicle safety data and related information 
     needed to carry out this section, with respect to--
       ``(A) all aspects of highway and traffic safety systems and 
     conditions relating to--
       ``(i) vehicle, highway, driver, passenger, motorcyclist, 
     bicyclist, and pedestrian characteristics;
       ``(ii) accident causation and investigations;
       ``(iii) communications;
       ``(iv) emergency medical services; and
       ``(v) transportation of the injured;
       ``(B) human behavioral factors and their effect on highway 
     and traffic safety, including--
       ``(i) driver education;
       ``(ii) impaired driving;
       ``(iii) distracted driving; and
       ``(iv) new technologies installed in, or brought into, 
     vehicles;
       ``(C) an evaluation of the effectiveness of countermeasures 
     to increase highway and traffic safety, including occupant 
     protection and alcohol- and drug-impaired driving 
     technologies and initiatives;
       ``(D) the development of technologies to detect drug 
     impaired drivers; and
       ``(E) the effect of State laws on any aspects, activities, 
     or programs described in subparagraphs (A) through (D).
       ``(2) Cooperation, grants, and contracts.--The Secretary 
     may carry out this section--
       ``(A) independently;
       ``(B) in cooperation with other Federal departments, 
     agencies, and instrumentalities and Federal laboratories;
       ``(C) by entering into contracts, cooperative agreements, 
     and other transactions with the National Academy of Sciences, 
     any Federal laboratory, State or local agency, authority, 
     association, institution, foreign country, or person (as 
     defined in chapter 1 of title 1); or
       ``(D) by making grants to the National Academy of Sciences, 
     any Federal laboratory, State or local agency, authority, 
     association, institution, or person (as defined in chapter 1 
     of title 1).
       ``(c) Collaborative Research and Development.--
       ``(1) In general.--To encourage innovative solutions to 
     highway safety problems, stimulate voluntary improvements in 
     highway safety, and stimulate the marketing of new highway 
     safety related technology by private industry, the Secretary 
     is authorized to carry out, on a cost-shared basis, 
     collaborative research and development with--
       ``(A) non-Federal entities, including State and local 
     governments, foreign countries, colleges, universities, 
     corporations, partnerships, sole proprietorships, 
     organizations serving the interests of children, people with 
     disabilities, low-income populations, and older adults, and 
     trade associations that are incorporated or established under 
     the laws of any State or the United States; and
       ``(B) Federal laboratories.
       ``(2) Agreements.--In carrying out this subsection, the 
     Secretary may enter into cooperative research and development 
     agreements (as defined in section 12 of the Stevenson-Wydler 
     Technology Innovation Act of 1980 (15 U.S.C. 3710a)) in which 
     the Secretary provides not more than 50 percent of the cost 
     of any research or development project under this subsection.
       ``(3) Use of technology.--The research, development, or use 
     of any technology pursuant to an agreement under this 
     subsection, including the terms under which technology may be 
     licensed and the resulting royalties may be distributed, 
     shall be subject to the provisions of the Stevenson-Wydler 
     Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
       ``(d) Title to Equipment.--In furtherance of the purposes 
     set forth in section 402, the Secretary may vest title to 
     equipment purchased for demonstration projects with funds 
     authorized under this section to State or local agencies on 
     such terms and conditions as the Secretary determines to be 
     appropriate.
       ``(e) Training.--Notwithstanding the apportionment formula 
     set forth in section 402(c)(2), 1 percent of the total amount 
     available for apportionment to the States for highway safety 
     programs under section 402(c) in each fiscal year shall be 
     available, through the end of the succeeding fiscal year, to 
     the Secretary, acting through the Administrator of the 
     National Highway Traffic Safety Administration--
       ``(1) to provide training, conducted or developed by 
     Federal or non-Federal entity or personnel, to Federal, 
     State, and local highway safety personnel; and
       ``(2) to pay for any travel, administrative, and other 
     expenses related to such training.
       ``(f) Driver Licensing and Fitness To Drive 
     Clearinghouse.--From amounts made available under this 
     section, the Secretary, acting through the Administrator of 
     the National Highway Traffic Safety Administration, is 
     authorized to expend $1,280,000 between the date of enactment 
     of the Motor Vehicle and Highway Safety Improvement Act of 
     2012 and September 30, 2013, to establish an electronic 
     clearinghouse and technical assistance service to collect and 
     disseminate research and analysis of medical and technical 
     information and best practices concerning drivers with 
     medical issues that may be used by State driver licensing 
     agencies in making licensing qualification decisions.
       ``(g) International Highway Safety Information and 
     Cooperation.--
       ``(1) Establishment.--The Secretary, acting through the 
     Administrator of the National Highway Traffic Safety 
     Administration, may establish an international highway safety 
     information and cooperation program to--
       ``(A) inform the United States highway safety community of 
     laws, projects, programs, data, and technology in foreign 
     countries that could be used to enhance highway safety in the 
     United States;
       ``(B) permit the exchange of information with foreign 
     countries about laws, projects, programs, data, and 
     technology that could be used to enhance highway safety; and
       ``(C) allow the Secretary, represented by the 
     Administrator, to participate and cooperate in international 
     activities to enhance highway safety.
       ``(2) Cooperation.--The Secretary may carry out this 
     subsection in cooperation with any appropriate Federal 
     agency, State or local agency or authority, foreign 
     government, or multinational institution.

[[Page S1311]]

       ``(h) Prohibition on Certain Disclosures.--Any report of 
     the National Highway Traffic Safety Administration, or of any 
     officer, employee, or contractor of the National Highway 
     Traffic Safety Administration, relating to any highway 
     traffic accident or the investigation of such accident 
     conducted pursuant to this chapter or chapter 301 shall be 
     made available to the public in a manner that does not 
     identify individuals.
       ``(i) Model Specifications for Devices.--The Secretary, 
     acting through the Administrator of the National Highway 
     Traffic Safety Administration, may--
       ``(1) develop model specifications and testing procedures 
     for devices, including devices designed to measure the 
     concentration of alcohol in the body;
       ``(2) conduct periodic tests of such devices;
       ``(3) publish a Conforming Products List of such devices 
     that have met the model specifications; and
       ``(4) may require that any necessary tests of such devices 
     are conducted by a Federal laboratory and paid for by the 
     device manufacturers.''.

     SEC. 31104. NATIONAL DRIVER REGISTER.

       Section 30302(b) of title 49, United States Code, is 
     amended by adding at the end the following: ``The Secretary 
     shall make continual improvements to modernize the Register's 
     data processing system.''.

     SEC. 31105. COMBINED OCCUPANT PROTECTION GRANTS.

       (a) In General.--Section 405 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec.  405. Combined occupant protection grants

       ``(a) General Authority.--Subject to the requirements of 
     this section, the Secretary of Transportation shall award 
     grants to States that adopt and implement effective occupant 
     protection programs to reduce highway deaths and injuries 
     resulting from individuals riding unrestrained or improperly 
     restrained in motor vehicles.
       ``(b) Federal Share.--The Federal share of the costs of 
     activities funded using amounts from grants awarded under 
     this section may not exceed 80 percent for each fiscal year 
     for which a State receives a grant.
       ``(c) Eligibility.--
       ``(1) High seat belt use rate.--A State with an observed 
     seat belt use rate of 90 percent or higher, based on the most 
     recent data from a survey that conforms with national 
     criteria established by the National Highway Traffic Safety 
     Administration, shall be eligible for a grant in a fiscal 
     year if the State--
       ``(A) submits an occupant protection plan during the first 
     fiscal year;
       ``(B) participates in the Click It or Ticket national 
     mobilization;
       ``(C) has an active network of child restraint inspection 
     stations; and
       ``(D) has a plan to recruit, train, and maintain a 
     sufficient number of child passenger safety technicians.
       ``(2) Lower seat belt use rate.--A State with an observed 
     seat belt use rate below 90 percent, based on the most recent 
     data from a survey that conforms with national criteria 
     established by the National Highway Traffic Safety 
     Administration, shall be eligible for a grant in a fiscal 
     year if--
       ``(A) the State meets all of the requirements under 
     subparagraphs (A) through (D) of paragraph (1); and
       ``(B) the Secretary determines that the State meets at 
     least 3 of the following criteria:
       ``(i) The State conducts sustained (on-going and periodic) 
     seat belt enforcement at a defined level of participation 
     during the year.
       ``(ii) The State has enacted and enforces a primary 
     enforcement seat belt use law.
       ``(iii) The State has implemented countermeasure programs 
     for high-risk populations, such as drivers on rural roadways, 
     unrestrained nighttime drivers, or teenage drivers.
       ``(iv) The State has enacted and enforces occupant 
     protection laws requiring front and rear occupant protection 
     use by all occupants in an age-appropriate restraint.
       ``(v) The State has implemented a comprehensive occupant 
     protection program in which the State has--

       ``(I) conducted a program assessment;
       ``(II) developed a statewide strategic plan;
       ``(III) designated an occupant protection coordinator; and
       ``(IV) established a statewide occupant protection task 
     force.

       ``(vi) The State--

       ``(I) completed an assessment of its occupant protection 
     program during the 3-year period preceding the grant year; or
       ``(II) will conduct such an assessment during the first 
     year of the grant.

       ``(d) Use of Grant Amounts.--Grant funds received pursuant 
     to this section may be used to--
       ``(1) carry out a program to support high-visibility 
     enforcement mobilizations, including paid media that 
     emphasizes publicity for the program, and law enforcement;
       ``(2) carry out a program to train occupant protection 
     safety professionals, police officers, fire and emergency 
     medical personnel, educators, and parents concerning all 
     aspects of the use of child restraints and occupant 
     protection;
       ``(3) carry out a program to educate the public concerning 
     the proper use and installation of child restraints, 
     including related equipment and information systems;
       ``(4) carry out a program to provide community child 
     passenger safety services, including programs about proper 
     seating positions for children and how to reduce the improper 
     use of child restraints;
       ``(5) purchase and distribute child restraints to low-
     income families if not more than 5 percent of the funds 
     received in a fiscal year are used for this purpose;
       ``(6) establish and maintain information systems containing 
     data concerning occupant protection, including the collection 
     and administration of child passenger safety and occupant 
     protection surveys; and
       ``(7) carry out a program to educate the public concerning 
     the dangers of leaving children unattended in vehicles.
       ``(e) Grant Amount.--The allocation of grant funds under 
     this section to a State for a fiscal year shall be in 
     proportion to the State's apportionment under section 402 for 
     fiscal year 2009.
       ``(f) Report.--A State that receives a grant under this 
     section shall submit a report to the Secretary that documents 
     the manner in which the grant amounts were obligated and 
     expended and identifies the specific programs carried out 
     with the grant funds. The report shall be in a form 
     prescribed by the Secretary and may be combined with other 
     State grant reporting requirements under chapter 4 of title 
     23, United States Code.
       ``(g) Definitions.--In this section:
       ``(1) Child restraint.--The term `child restraint' means 
     any device (including child safety seat, booster seat, 
     harness, and excepting seat belts) designed for use in a 
     motor vehicle to restrain, seat, or position children who 
     weigh 65 pounds (30 kilograms) or less, and certified to the 
     Federal motor vehicle safety standard prescribed by the 
     National Highway Traffic Safety Administration for child 
     restraints.
       ``(2) Seat belt.--The term `seat belt' means--
       ``(A) with respect to open-body motor vehicles, including 
     convertibles, an occupant restraint system consisting of a 
     lap belt or a lap belt and a detachable shoulder belt; and
       ``(B) with respect to other motor vehicles, an occupant 
     restraint system consisting of integrated lap and shoulder 
     belts.''.
       (b) Conforming Amendment.--The analysis for chapter 4 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 405 and inserting the following:

``405. Combined occupant protection grants.''.

     SEC. 31106. STATE TRAFFIC SAFETY INFORMATION SYSTEM 
                   IMPROVEMENTS.

       Section 408 of title 23, United States Code, is amended to 
     read as follows:

     ``Sec.  408. State traffic safety information system 
       improvements

       ``(a) General Authority.--Subject to the requirements of 
     this section, the Secretary of Transportation shall award 
     grants to States to support the development and 
     implementation of effective State programs that--
       ``(1) improve the timeliness, accuracy, completeness, 
     uniformity, integration, and accessibility of the State 
     safety data that is needed to identify priorities for 
     Federal, State, and local highway and traffic safety 
     programs;
       ``(2) evaluate the effectiveness of efforts to make such 
     improvements;
       ``(3) link the State data systems, including traffic 
     records, with other data systems within the State, such as 
     systems that contain medical, roadway, and economic data;
       ``(4) improve the compatibility and interoperability of the 
     data systems of the State with national data systems and data 
     systems of other States; and
       ``(5) enhance the ability of the Secretary to observe and 
     analyze national trends in crash occurrences, rates, 
     outcomes, and circumstances.
       ``(b) Federal Share.--The Federal share of the cost of 
     adopting and implementing in a fiscal year a State program 
     described in this section may not exceed 80 percent.
       ``(c) Eligibility.--A State is not eligible for a grant 
     under this section in a fiscal year unless the State 
     demonstrates, to the satisfaction of the Secretary, that the 
     State--
       ``(1) has a functioning traffic records coordinating 
     committee (referred to in this subsection as `TRCC') that 
     meets at least 3 times a year;
       ``(2) has designated a TRCC coordinator;
       ``(3) has established a State traffic record strategic plan 
     that has been approved by the TRCC and describes specific 
     quantifiable and measurable improvements anticipated in the 
     State's core safety databases, including crash, citation or 
     adjudication, driver, emergency medical services or injury 
     surveillance system, roadway, and vehicle databases;
       ``(4) has demonstrated quantitative progress in relation to 
     the significant data program attribute of--
       ``(A) accuracy;
       ``(B) completeness;
       ``(C) timeliness;
       ``(D) uniformity;
       ``(E) accessibility; or
       ``(F) integration of a core highway safety database; and
       ``(5) has certified to the Secretary that an assessment of 
     the State's highway safety data and traffic records system 
     was conducted or updated during the preceding 5 years.
       ``(d) Use of Grant Amounts.--Grant funds received by a 
     State under this section shall be used for making data 
     program improvements to core highway safety databases related 
     to quantifiable, measurable progress in any of the 6 
     significant data program attributes set forth in subsection 
     (c)(4).
       ``(e) Grant Amount.--The allocation of grant funds under 
     this section to a State for

[[Page S1312]]

     a fiscal year shall be in proportion to the State's 
     apportionment under section 402 for fiscal year 2009.''.

     SEC. 31107. IMPAIRED DRIVING COUNTERMEASURES.

       (a) In General.--Section 410 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec.  410. Impaired driving countermeasures

       ``(a) Grants Authorized.--Subject to the requirements of 
     this section, the Secretary of Transportation shall award 
     grants to States that adopt and implement--
       ``(1) effective programs to reduce driving under the 
     influence of alcohol, drugs, or the combination of alcohol 
     and drugs; or
       ``(2) alcohol-ignition interlock laws.
       ``(b) Federal Share.--The Federal share of the costs of 
     activities funded using amounts from grants under this 
     section may not exceed 80 percent in any fiscal year in which 
     the State receives a grant.
       ``(c) Eligibility.--
       ``(1) Low-range states.--Low-range States shall be eligible 
     for a grant under this section.
       ``(2) Mid-range states.--A mid-range State shall be 
     eligible for a grant under this section if--
       ``(A) a statewide impaired driving task force in the State 
     developed a statewide plan during the most recent 3 calendar 
     years to address the problem of impaired driving; or
       ``(B) the State will convene a statewide impaired driving 
     task force to develop such a plan during the first year of 
     the grant.
       ``(3) High-range states.--A high-range State shall be 
     eligible for a grant under this section if the State--
       ``(A)(i) conducted an assessment of the State's impaired 
     driving program during the most recent 3 calendar years; or
       ``(ii) will conduct such an assessment during the first 
     year of the grant;
       ``(B) convenes, during the first year of the grant, a 
     statewide impaired driving task force to develop a statewide 
     plan that--
       ``(i) addresses any recommendations from the assessment 
     conducted under subparagraph (A);
       ``(ii) includes a detailed plan for spending any grant 
     funds provided under this section; and
       ``(iii) describes how such spending supports the statewide 
     program;
       ``(C)(i) submits the statewide plan to the National Highway 
     Traffic Safety Administration during the first year of the 
     grant for the agency's review and approval;
       ``(ii) annually updates the statewide plan in each 
     subsequent year of the grant; and
       ``(iii) submits each updated statewide plan for the 
     agency's review and comment; and
       ``(D) appoints a full or part-time impaired driving 
     coordinator--
       ``(i) to coordinate the State's activities to address 
     enforcement and adjudication of laws to address driving while 
     impaired by alcohol; and
       ``(ii) to oversee the implementation of the statewide plan.
       ``(d) Use of Grant Amounts.--
       ``(1) Required programs.--High-range States shall use grant 
     funds for--
       ``(A) high visibility enforcement efforts; and
       ``(B) any of the activities described in paragraph (2) if--
       ``(i) the activity is described in the statewide plan; and
       ``(ii) the Secretary approves the use of funding for such 
     activity.
       ``(2) Authorized programs.--Medium-range and low-range 
     States may use grant funds for--
       ``(A) any of the purposes described in paragraph (1);
       ``(B) paid and earned media in support of high visibility 
     enforcement efforts;
       ``(C) hiring a full-time or part-time impaired driving 
     coordinator of the State's activities to address the 
     enforcement and adjudication of laws regarding driving while 
     impaired by alcohol;
       ``(D) court support of high visibility enforcement efforts;
       ``(E) alcohol ignition interlock programs;
       ``(F) improving blood-alcohol concentration testing and 
     reporting;
       ``(G) establishing driving while intoxicated courts;
       ``(H) conducting--
       ``(i) standardized field sobriety training;
       ``(ii) advanced roadside impaired driving evaluation 
     training; and
       ``(iii) drug recognition expert training for law 
     enforcement;
       ``(I) training and education of criminal justice 
     professionals (including law enforcement, prosecutors, judges 
     and probation officers) to assist such professionals in 
     handling impaired driving cases;
       ``(J) traffic safety resource prosecutors;
       ``(K) judicial outreach liaisons;
       ``(L) equipment and related expenditures used in connection 
     with impaired driving enforcement in accordance with criteria 
     established by the National Highway Traffic Safety 
     Administration;
       ``(M) training on the use of alcohol screening and brief 
     intervention;
       ``(N) developing impaired driving information systems; and
       ``(O) costs associated with a `24-7 sobriety program'.
       ``(3) Other programs.--Low-range States may use grant funds 
     for any expenditure designed to reduce impaired driving based 
     on problem identification. Medium and high-range States may 
     use funds for such expenditures upon approval by the 
     Secretary.
       ``(e) Grant Amount.--Subject to subsection (f), the 
     allocation of grant funds to a State under this section for a 
     fiscal year shall be in proportion to the State's 
     apportionment under section 402(c) for fiscal year 2009.
       ``(f) Grants to States That Adopt and Enforce Mandatory 
     Alcohol-Ignition Interlock Laws.--
       ``(1) In general.--The Secretary shall make a separate 
     grant under this section to each State that adopts and is 
     enforcing a mandatory alcohol-ignition interlock law for all 
     individuals convicted of driving under the influence of 
     alcohol or of driving while intoxicated.
       ``(2) Use of funds.--Such grants may be used by recipient 
     States only for costs associated with the State's alcohol-
     ignition interlock program, including screening, assessment, 
     and program and offender oversight.
       ``(3) Allocation.--Funds made available under this 
     subsection shall be allocated among States described in 
     paragraph (1) on the basis of the apportionment formula under 
     section 402(c).
       ``(4) Funding.--Not more than 15 percent of the amounts 
     made available to carry out this section in a fiscal year 
     shall be made available by the Secretary for making grants 
     under this subsection.
       ``(g) Definitions.--In this section:
       ``(1) 24-7 sobriety program.--The term `24-7 sobriety 
     program' means a State law or program that authorizes a State 
     court or a State agency, as a condition of sentence, 
     probation, parole, or work permit, to--
       ``(A) require an individual who plead guilty or was 
     convicted of driving under the influence of alcohol or drugs 
     to totally abstain from alcohol or drugs for a period of 
     time; and
       ``(B) require the individual to be subject to testing for 
     alcohol or drugs--
       ``(i) at least twice a day;
       ``(ii) by continuous transdermal alcohol monitoring via an 
     electronic monitoring device; or
       ``(iii) by an alternate method with the concurrence of the 
     Secretary.
       ``(2) Average impaired driving fatality rate.--The term 
     `average impaired driving fatality rate' means the number of 
     fatalities in motor vehicle crashes involving a driver with a 
     blood alcohol concentration of at least 0.08 for every 
     100,000,000 vehicle miles traveled, based on the most 
     recently reported 3 calendar years of final data from the 
     Fatality Analysis Reporting System, as calculated in 
     accordance with regulations prescribed by the Administrator 
     of the National Highway Traffic Safety Administration.
       ``(3) High-range state.--The term `high-range State' means 
     a State that has an average impaired driving fatality rate of 
     0.60 or higher.
       ``(4) Low-range state.--The term `low-range State' means a 
     State that has an average impaired driving fatality rate of 
     0.30 or lower.
       ``(5) Mid-range state.--The term `mid-range State' means a 
     State that has an average impaired driving fatality rate that 
     is higher than 0.30 and lower than 0.60.''.
       (b) Conforming Amendment.--The analysis for chapter 4 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 410 and inserting the following:

``410. Impaired driving countermeasures.''.

     SEC. 31108. DISTRACTED DRIVING GRANTS.

       (a) In General.--Section 411 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec.  411. Distracted driving grants

       ``(a) In General.--The Secretary shall award a grant under 
     this section to any State that enacts and enforces a statute 
     that meets the requirements set forth in subsections (b) and 
     (c).
       ``(b) Prohibition on Texting While Driving.--A State 
     statute meets the requirements set forth in this subsection 
     if the statute--
       ``(1) prohibits drivers from texting through a personal 
     wireless communications device while driving;
       ``(2) makes violation of the statute a primary offense;
       ``(3) establishes--
       ``(A) a minimum fine for a first violation of the statute; 
     and
       ``(B) increased fines for repeat violations; and
       ``(4) provides increased civil and criminal penalties than 
     would otherwise apply if a vehicle accident is caused by a 
     driver who is using such a device in violation of the 
     statute.
       ``(c) Prohibition on Youth Cell Phone Use While Driving.--A 
     State statute meets the requirements set forth in this 
     subsection if the statute--
       ``(1) prohibits a driver who is younger than 18 years of 
     age from using a personal wireless communications device 
     while driving;
       ``(2) makes violation of the statute a primary offense;
       ``(3) requires distracted driving issues to be tested as 
     part of the State driver's license examination;
       ``(4) establishes--
       ``(A) a minimum fine for a first violation of the statute; 
     and
       ``(B) increased fines for repeat violations; and
       ``(5) provides increased civil and criminal penalties than 
     would otherwise apply if a vehicle accident is caused by a 
     driver who is using such a device in violation of the 
     statute.

[[Page S1313]]

       ``(d) Permitted Exceptions.--A statute that meets the 
     requirements set forth in subsections (b) and (c) may provide 
     exceptions for--
       ``(1) a driver who uses a personal wireless communications 
     device to contact emergency services;
       ``(2) emergency services personnel who use a personal 
     wireless communications device while--
       ``(A) operating an emergency services vehicle; and
       ``(B) engaged in the performance of their duties as 
     emergency services personnel; and
       ``(3) an individual employed as a commercial motor vehicle 
     driver or a school bus driver who uses a personal wireless 
     communications device within the scope of such individual's 
     employment if such use is permitted under the regulations 
     promulgated pursuant to section 31152 of title 49.
       ``(e) Use of Grant Funds.--Of the grant funds received by a 
     State under this section--
       ``(1) at least 50 percent shall be used--
       ``(A) to educate the public through advertising containing 
     information about the dangers of texting or using a cell 
     phone while driving;
       ``(B) for traffic signs that notify drivers about the 
     distracted driving law of the State; or
       ``(C) for law enforcement costs related to the enforcement 
     of the distracted driving law; and
       ``(2) up to 50 percent may be used for other projects 
     that--
       ``(A) improve traffic safety; and
       ``(B) are consistent with the criteria set forth in section 
     402(a).
       ``(f) Additional Grants.--In fiscal year 2012, the 
     Secretary may use up to 25 percent of the funding available 
     for grants under this section to award grants to States 
     that--
       ``(1) enacted statutes before July 1, 2011, which meet the 
     requirements under paragraphs (1) and (2) of subsection (b); 
     and
       ``(2) are otherwise ineligible for a grant under this 
     section.
       ``(g) Distracted Driving Study.--
       ``(1) In general.--The Secretary shall conduct a study of 
     all forms of distracted driving.
       ``(2) Components.--The study conducted under paragraph (1) 
     shall--
       ``(A) examine the effect of distractions other than the use 
     of personal wireless communications on motor vehicle safety;
       ``(B) identify metrics to determine the nature and scope of 
     the distracted driving problem;
       ``(C) identify the most effective methods to enhance 
     education and awareness; and
       ``(D) identify the most effective method of reducing deaths 
     and injuries caused by all forms of distracted driving.
       ``(3) Report.--Not later than 1 year after the date of 
     enactment of the Motor Vehicle and Highway Safety Improvement 
     Act of 2012, the Secretary shall submit a report containing 
     the results of the study conducted under this subsection to--
       ``(A) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       ``(B) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       ``(h) Definitions.--In this section:
       ``(1) Driving.--The term `driving'--
       ``(A) means operating a motor vehicle on a public road, 
     including operation while temporarily stationary because of 
     traffic, a traffic light or stop sign, or otherwise; and
       ``(B) does not include operating a motor vehicle when the 
     vehicle has pulled over to the side of, or off, an active 
     roadway and has stopped in a location where it can safely 
     remain stationary.
       ``(2) Personal wireless communications device.--The term 
     `personal wireless communications device'--
       ``(A) means a device through which personal wireless 
     services (as defined in section 332(c)(7)(C)(i) of the 
     Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are 
     transmitted; and
       ``(B) does not include a global navigation satellite system 
     receiver used for positioning, emergency notification, or 
     navigation purposes.
       ``(3) Primary offense.--The term `primary offense' means an 
     offense for which a law enforcement officer may stop a 
     vehicle solely for the purpose of issuing a citation in the 
     absence of evidence of another offense.
       ``(4) Public road.--The term `public road' has the meaning 
     given that term in section 402(c).
       ``(5) Texting.--The term `texting' means reading from or 
     manually entering data into a personal wireless 
     communications device, including doing so for the purpose of 
     SMS texting, e-mailing, instant messaging, or engaging in any 
     other form of electronic data retrieval or electronic data 
     communication.''.
       (b) Conforming Amendment.--The analysis for chapter 4 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 411 and inserting the following:

``411. Distracted driving grants.''.

     SEC. 31109. HIGH VISIBILITY ENFORCEMENT PROGRAM.

       Section 2009 of SAFETEA LU (23 U.S.C. 402 note) is 
     amended--
       (1) in subsection (a)--
       (A) by striking ``at least 2'' and inserting ``at least 
     3''; and
       (B) by striking ``years 2006 through 2012.'' and inserting 
     ``fiscal years 2012 and 2013. The Administrator may also 
     initiate and support additional campaigns in each of fiscal 
     years 2012 and 2013 for the purposes specified in subsection 
     (b).'';
       (2) in subsection (b) by striking ``either or both'' and 
     inserting ``outcomes related to at least 1'';
       (3) in subsection (c), by inserting ``and Internet-based 
     outreach'' after ``print media advertising'';
       (4) in subsection (e), by striking ``subsections (a), (c), 
     and (f)'' and inserting ``subsection (c)'';
       (5) by striking subsection (f); and
       (6) by redesignating subsection (g) as subsection (f).

     SEC. 31110. MOTORCYCLIST SAFETY.

       Section 2010 of SAFETEA LU (23 U.S.C. 402 note) is 
     amended--
       (1) by striking subsections (b) and (g);
       (2) by redesignating subsections (c), (d), (e), and (f) as 
     subsections (b), (c), (d), and (e), respectively; and
       (3) in subsection (c)(1), as redesignated, by striking ``to 
     the satisfaction of the Secretary--'' and all that follows 
     and inserting ``, to the satisfaction of the Secretary, at 
     least 2 of the 6 criteria listed in paragraph (2).''.

     SEC. 31111. DRIVER ALCOHOL DETECTION SYSTEM FOR SAFETY 
                   RESEARCH.

       (a) In General.--Chapter 4 of title 23, United States Code, 
     is amended by adding at the end the following:

     ``Sec.  413. In-vehicle alcohol detection device research

       ``(a) In General.--The Administrator of the National 
     Highway Traffic Safety Administration shall carry out a 
     collaborative research effort under chapter 301 of title 49, 
     United States Code, to continue to explore the feasibility 
     and the potential benefits of, and the public policy 
     challenges associated with, more widespread deployment of in-
     vehicle technology to prevent alcohol-impaired driving.
       ``(b) Reports.--The Administrator shall submit a report 
     annually to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure--
       ``(1) describing progress in carrying out the collaborative 
     research effort; and
       ``(2) including an accounting for the use of Federal funds 
     obligated or expended in carrying out that effort.
       ``(c) Definitions.--In this title:
       ``(1) Alcohol-impaired driving.--The term `alcohol-impaired 
     driving' means operation of a motor vehicle (as defined in 
     section 30102(a)(6) of title 49, United States Code) by an 
     individual whose blood alcohol content is at or above the 
     legal limit.
       ``(2) Legal limit.--The term `legal limit' means a blood 
     alcohol concentration of 0.08 percent or greater (as 
     specified by chapter 163 of title 23, United States Code) or 
     such other percentage limitation as may be established by 
     applicable Federal, State, or local law.''.
       (b) Clerical Amendment.--The analysis for chapter 4 of 
     title 23, United States Code, is amended by inserting after 
     the item relating to section 412 the following:

``413. In-vehicle alcohol detection device research.''.

     SEC. 31112. STATE GRADUATED DRIVER LICENSING LAWS.

       (a) In General.--Chapter 4 of title 23, United States Code, 
     as amended by this title, is further amended by adding at the 
     end the following:

     ``Sec.  414. State Graduated Driver Licensing Incentive Grant

       ``(a) Grants Authorized.--Subject to the requirements of 
     this section, the Secretary shall award grants to States that 
     adopt and implement graduated driver licensing laws in 
     accordance with the requirements set forth in subsection (b).
       ``(b) Minimum Requirements.--
       ``(1) In general.--A State meets the requirements set forth 
     in this subsection if the State has a graduated driver 
     licensing law that requires novice drivers younger than 21 
     years of age to comply with the 2-stage licensing process 
     described in paragraph (2) before receiving an unrestricted 
     driver's license.
       ``(2) Licensing process.--A State is in compliance with the 
     2-stage licensing process described in this paragraph if the 
     State's driver's license laws include--
       ``(A) a learner's permit stage that--
       ``(i) is at least 6 months in duration;
       ``(ii) prohibits the driver from using a cellular telephone 
     or any communications device in a nonemergency situation; and
       ``(iii) remains in effect until the driver--

       ``(I) reaches 16 years of age and enters the intermediate 
     stage; or
       ``(II) reaches 18 years of age;

       ``(B) an intermediate stage that--
       ``(i) commences immediately after the expiration of the 
     learner's permit stage;
       ``(ii) is at least 6 months in duration;
       ``(iii) prohibits the driver from using a cellular 
     telephone or any communications device in a nonemergency 
     situation;
       ``(iv) restricts driving at night;
       ``(v) prohibits the driver from operating a motor vehicle 
     with more than 1 nonfamilial passenger younger than 21 years 
     of age unless a licensed driver who is at least 21 years of 
     age is in the motor vehicle; and
       ``(vi) remains in effect until the driver reaches 18 years 
     of age; and
       ``(C) any other requirement prescribed by the Secretary of 
     Transportation, including--

[[Page S1314]]

       ``(i) in the learner's permit stage--

       ``(I) at least 40 hours of behind-the-wheel training with a 
     licensed driver who is at least 21 years of age;
       ``(II) a driver training course; and
       ``(III) a requirement that the driver be accompanied and 
     supervised by a licensed driver, who is at least 21 years of 
     age, at all times while such driver is operating a motor 
     vehicle; and

       ``(ii) in the learner's permit or intermediate stage, a 
     requirement, in addition to any other penalties imposed by 
     State law, that the grant of an unrestricted driver's license 
     be automatically delayed for any individual who, during the 
     learner's permit or intermediate stage, is convicted of a 
     driving-related offense, including--

       ``(I) driving while intoxicated;
       ``(II) misrepresentation of his or her true age;
       ``(III) reckless driving;
       ``(IV) driving without wearing a seat belt;
       ``(V) speeding; or
       ``(VI) any other driving-related offense, as determined by 
     the Secretary.

       ``(c) Rulemaking.--
       ``(1) In general.--The Secretary shall promulgate 
     regulations necessary to implement the requirements under 
     subsection (b), in accordance with the notice and comment 
     provisions under section 553 of title 5, United States Code.
       ``(2) Exception.--A State that otherwise meets the minimum 
     requirements set forth in subsection (b) shall be deemed by 
     the Secretary to be in compliance with the requirement set 
     forth in subsection (b) if the State enacted a law before 
     January 1, 2011, establishing a class of license that permits 
     licensees or applicants younger than 18 years of age to drive 
     a motor vehicle--
       ``(A) in connection with work performed on, or for the 
     operation of, a farm owned by family members who are directly 
     related to the applicant or licensee; or
       ``(B) if demonstrable hardship would result from the denial 
     of a license to the licensees or applicants.
       ``(d) Allocation.--Grant funds allocated to a State under 
     this section for a fiscal year shall be in proportion to a 
     State's apportionment under section 402 for such fiscal year.
       ``(e) Use of Funds.--Grant funds received by a State under 
     this section may be used for--
       ``(1) enforcing a 2-stage licensing process that complies 
     with subsection (b)(2);
       ``(2) training for law enforcement personnel and other 
     relevant State agency personnel relating to the enforcement 
     described in paragraph (1);
       ``(3) publishing relevant educational materials that 
     pertain directly or indirectly to the State graduated driver 
     licensing law;
       ``(4) carrying out other administrative activities that the 
     Secretary considers relevant to the State's 2-stage licensing 
     process; and
       ``(5) carrying out a teen traffic safety program described 
     in section 402(m).''.

     SEC. 31113. AGENCY ACCOUNTABILITY.

       Section 412 of title 23, United States Code, is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Triennial State Management Reviews.--
       ``(1) In general.--Except as provided under paragraph (2), 
     the Secretary shall conduct a review of each State highway 
     safety program at least once every 3 years.
       ``(2) Exceptions.--The Secretary may conduct reviews of the 
     highway safety programs of the United States Virgin Islands, 
     Guam, American Samoa, and the Commonwealth of the Northern 
     Mariana Islands as often as the Secretary determines to be 
     appropriate.
       ``(3) Components.--Reviews under this subsection shall 
     include--
       ``(A) a management evaluation of all grant programs funded 
     under this chapter;
       ``(B) an assessment of State data collection and evaluation 
     relating to performance measures established by the 
     Secretary;
       ``(C) a comparison of State efforts under subparagraphs (A) 
     and (B) to best practices and programs that have been 
     evaluated for effectiveness; and
       ``(D) the development of recommendations on how each State 
     could--
       ``(i) improve the management and oversight of its grant 
     activities; and
       ``(ii) provide a management and oversight plan for such 
     grant programs.''; and
       (2) by striking subsection (f).

     SEC. 31114. EMERGENCY MEDICAL SERVICES.

       Section 10202 of Public Law 109 59 (42 U.S.C. 300d 4), is 
     amended by adding at the end the following:
       ``(b) National Emergency Medical Services Advisory 
     Council.--
       ``(1) Establishment.--The Secretary of Transportation, in 
     coordination with the Secretary of Health and Human Services 
     and the Secretary of Homeland Security, shall establish a 
     National Emergency Medical Services Advisory Council 
     (referred to in this subsection as the `Advisory Council').
       ``(2) Membership.--The Advisory Council shall be composed 
     of 25 members, who--
       ``(A) shall be appointed by the Secretary of 
     Transportation; and
       ``(B) shall collectively be representative of all sectors 
     of the emergency medical services community.
       ``(3) Purposes.--The purposes of the Advisory Council are 
     to advise and consult with--
       ``(A) the Federal Interagency Committee on Emergency 
     Medical Services on matters relating to emergency medical 
     services issues; and
       ``(B) the Secretary of Transportation on matters relating 
     to emergency medical services issues affecting the Department 
     of Transportation.
       ``(4) Administration.--The Administrator of the National 
     Highway Traffic Safety Administration shall provide 
     administrative support to the Advisory Council, including 
     scheduling meetings, setting agendas, keeping minutes and 
     records, and producing reports.
       ``(5) Leadership.--The members of the Advisory Council 
     shall annually select a chairperson of the Council.
       ``(6) Meetings.--The Advisory Council shall meet as 
     frequently as is determined necessary by the chairperson of 
     the Council.
       ``(7) Annual reports.--The Advisory Council shall prepare 
     an annual report to the Secretary of Transportation regarding 
     the Council's actions and recommendations.''.

                Subtitle B--Enhanced Safety Authorities

     SEC. 31201. DEFINITION OF MOTOR VEHICLE EQUIPMENT.

       Section 30102(a)(7)(C) of title 49, United States Code, is 
     amended to read as follows:
       ``(C) any device or an article or apparel, including a 
     motorcycle helmet and excluding medicine or eyeglasses 
     prescribed by a licensed practitioner, that--
       ``(i) is not a system, part, or component of a motor 
     vehicle; and
       ``(ii) is manufactured, sold, delivered, or offered to be 
     sold for use on public streets, roads, and highways with the 
     apparent purpose of safeguarding motor vehicles and highway 
     users against risk of accident, injury, or death.''.

     SEC. 31202. PERMIT REMINDER SYSTEM FOR NON-USE OF SAFETY 
                   BELTS.

       (a) In General.--Chapter 301 of title 49, United States 
     Code, is amended--
       (1) in section 30122, by striking subsection (d); and
       (2) by amending section 30124 to read as follows:

     ``Sec.  30124. Nonuse of safety belts

       ``A motor vehicle safety standard prescribed under this 
     chapter may not require a manufacturer to comply with the 
     standard by using a safety belt interlock designed to prevent 
     starting or operating a motor vehicle if an occupant is not 
     using a safety belt.''.
       (b) Conforming Amendment.--The analysis for chapter 301 of 
     title 49, United States Code, is amended by striking the item 
     relating to section 30124 and inserting the following:

``Sec. 30124. Nonuse of safety belts.''.

     SEC. 31203. CIVIL PENALTIES.

       (a) In General.--Section 30165 of title 49, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``30123(d)'' and inserting ``30123(a)''; 
     and
       (ii) by striking ``$15,000,000'' and inserting 
     ``$250,000,000''; and
       (B) in paragraph (3), by striking ``$15,000,000'' and 
     inserting ``$250,000,000''; and
       (2) by amending subsection (c) to read as follows:
       ``(c) Relevant Factors in Determining Amount of Penalty or 
     Compromise.--In determining the amount of a civil penalty or 
     compromise under this section, the Secretary of 
     Transportation shall consider the nature, circumstances, 
     extent, and gravity of the violation. Such determination 
     shall include, as appropriate--
       ``(1) the nature of the defect or noncompliance;
       ``(2) knowledge by the person charged of its obligation to 
     recall or notify the public;
       ``(3) the severity of the risk of injury;
       ``(4) the occurrence or absence of injury;
       ``(5) the number of motor vehicles or items of motor 
     vehicle equipment distributed with the defect or 
     noncompliance;
       ``(6) the existence of an imminent hazard;
       ``(7) actions taken by the person charged to identify, 
     investigate, or mitigate the condition;
       ``(8) the appropriateness of such penalty in relation to 
     the size of the business of the person charged, including the 
     potential for undue adverse economic impacts;
       ``(9) whether the person has previously been assessed civil 
     penalties under this section during the most recent 5 years; 
     and
       ``(10) other appropriate factors.''.
       (b) Civil Penalty Criteria.--Not later than 1 year after 
     the date of the enactment of this Act, the Secretary shall 
     issue a final rule, in accordance with the procedures of 
     section 553 of title 5, United States Code, which provides an 
     interpretation of the penalty factors described in section 
     30165(c) of title 49, United States Code.
       (c) Construction.--Nothing in this section may be construed 
     as preventing the imposition of penalties under section 30165 
     of title 49, United States Code, before the issuance of a 
     final rule under subsection (b).

     SEC. 31204. MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT.

       (a) In General.--Chapter 301 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``SUBCHAPTER V--MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT

     ``Sec.  30181. Policy

       ``The Secretary of Transportation shall conduct research, 
     development, and testing on any area or aspect of motor 
     vehicle safety necessary to carry out this chapter.

     ``Sec.  30182. Powers and duties

       ``(a) In General.--The Secretary of Transportation shall--

[[Page S1315]]

       ``(1) conduct motor vehicle safety research, development, 
     and testing programs and activities, including new and 
     emerging technologies that impact or may impact motor vehicle 
     safety;
       ``(2) collect and analyze all types of motor vehicle and 
     highway safety data and related information to determine the 
     relationship between motor vehicle or motor vehicle equipment 
     performance characteristics and--
       ``(A) accidents involving motor vehicles; and
       ``(B) deaths or personal injuries resulting from those 
     accidents;
       ``(3) promote, support, and advance the education and 
     training of motor vehicle safety staff of the National 
     Highway Traffic Safety Administration, including using 
     program funds for--
       ``(A) planning, implementing, conducting, and presenting 
     results of program activities; and
       ``(B) travel and related expenses;
       ``(4) obtain experimental and other motor vehicles and 
     motor vehicle equipment for research or testing;
       ``(5)(A) use any test motor vehicles and motor vehicle 
     equipment suitable for continued use, as determined by the 
     Secretary to assist in carrying out this chapter or any other 
     chapter of this title; or
       ``(B) sell or otherwise dispose of test motor vehicles and 
     motor vehicle equipment and use the resulting proceeds to 
     carry out this chapter;
       ``(6) award grants to States and local governments, 
     interstate authorities, and nonprofit institutions; and
       ``(7) enter into cooperative agreements, collaborative 
     research, or contracts with Federal agencies, interstate 
     authorities, State and local governments, other public 
     entities, private organizations and persons, nonprofit 
     institutions, colleges and universities, consumer advocacy 
     groups, corporations, partnerships, sole proprietorships, 
     trade associations, Federal laboratories (including 
     government-owned, government-operated laboratories and 
     government-owned, contractor-operated laboratories), and 
     foreign governments and research organizations.
       ``(b) Use of Public Agencies.--In carrying out this 
     subchapter, the Secretary shall avoid duplication by using 
     the services, research, and testing facilities of public 
     agencies, as appropriate.
       ``(c) Facilities.--The Secretary may plan, design, and 
     build a new facility or modify an existing facility to 
     conduct research, development, and testing in traffic safety, 
     highway safety, and motor vehicle safety.
       ``(d) Availability of Information, Patents, and 
     Developments.--When the United States Government makes more 
     than a minimal contribution to a research or development 
     activity under this chapter, the Secretary shall include in 
     the arrangement for the activity a provision to ensure that 
     all information, patents, and developments related to the 
     activity are available to the public without charge. The 
     owner of a background patent may not be deprived of a right 
     under the patent.

     ``Sec.  30183. Prohibition on certain disclosures.

       ``Any report of the National Highway Traffic Safety 
     Administration, or of any officer, employee, or contractor of 
     the National Highway Traffic Safety Administration, relating 
     to any highway traffic accident or the investigation of such 
     accident conducted pursuant to this chapter or section 403 of 
     title 23, shall be made available to the public in a manner 
     that does not identify individuals.''.
       (b) Conforming Amendments.--
       (1) Amendment of chapter analysis.--The chapter analysis 
     for chapter 301 of title 49, United States Code, is amended 
     by adding at the end the following:

      ``subchapter v--motor vehicle safety research and development

``30181. Policy.
``30182. Powers and duties.
``30183. Prohibition on certain disclosures.''.
       (2) Deletion of redundant material.--Chapter 301 of title 
     49, United States Code, is amended--
       (A) in the chapter analysis, by striking the item relating 
     to section 30168; and
       (B) by striking section 30168.

     SEC. 31205. RENTAL TRUCK ACCIDENT STUDY.

       (a) Definitions.--In this section:
       (1) Rental truck.--The term ``rental truck'' means a motor 
     vehicle with a gross vehicle weight rating of between 10,000 
     and 26,000 pounds that is made available for rental by a 
     rental truck company.
       (2) Rental truck company.--The term ``rental truck 
     company'' means a person or company that is in the business 
     of renting or leasing rental trucks to the public or for 
     private use.
       (b) Study.--
       (1) In general.--The Secretary shall conduct a study of the 
     safety of rental trucks during the 7-year period ending on 
     December 31, 2011.
       (2) Requirements.--The study conducted under paragraph (1) 
     shall--
       (A) evaluate available data on the number of crashes, 
     fatalities, and injuries involving rental trucks and the 
     cause of such crashes, utilizing police accident reports and 
     other sources;
       (B) estimate the property damage and costs resulting from a 
     subset of crashes involving rental truck operations, which 
     the Secretary believes adequately reflect all crashes 
     involving rental trucks;
       (C) analyze State and local laws regulating rental truck 
     companies, including safety and inspection requirements;
       (D) assess the rental truck maintenance programs of a 
     selection of small, medium, and large rental truck companies, 
     as selected by the Secretary, including the frequency of 
     rental truck maintenance inspections, and compare such 
     programs with inspection requirements for passenger vehicles 
     and commercial motor vehicles;
       (E) include any other information available regarding the 
     safety of rental trucks; and
       (F) review any other information that the Secretary 
     determines to be appropriate.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives that contains--
       (1) the findings of the study conducted pursuant to 
     subsection (b); and
       (2) any recommendations for legislation that the Secretary 
     determines to be appropriate.

     SEC. 31206. ODOMETER REQUIREMENTS.

       (a) Definition.--Section 32702(5) of title 49, United 
     States Code, is amended by inserting ``or system of 
     components'' after ``instrument''.
       (b) Electronic Disclosures of Odometer Information.--
     Section 32705 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(g) Electronic Disclosures.--Not later than 18 months 
     after the date of enactment of the Motor Vehicle and Highway 
     Safety Improvement Act of 2012, in carrying out this section, 
     the Secretary shall prescribe regulations permitting any 
     written disclosures or notices and related matters to be 
     provided electronically.''.

     SEC. 31207. INCREASED PENALTIES AND DAMAGES FOR ODOMETER 
                   FRAUD.

       Chapter 327 of title 49, United States Code, is amended--
       (1) in section 32709(a)(1)--
       (A) by striking ``$2,000'' and inserting ``$10,000''; and
       (B) by striking ``$100,000'' and inserting ``$1,000,000''; 
     and
       (2) in section 32710(a), by striking ``$1,500'' and 
     inserting ``$10,000''.

     SEC. 31208. EXTEND PROHIBITIONS ON IMPORTING NONCOMPLIANT 
                   VEHICLES AND EQUIPMENT TO DEFECTIVE VEHICLES 
                   AND EQUIPMENT.

       Section 30112 of title 49, United States Code, is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) Except as provided in this section, section 30114, 
     subsections (i) and (j) of section 30120, and subchapter III, 
     a person may not sell, offer for sale, introduce or deliver 
     for introduction in interstate commerce, or import into the 
     United States any motor vehicle or motor vehicle equipment if 
     the vehicle or equipment contains a defect related to motor 
     vehicle safety about which notice was given under section 
     30118(c) or an order was issued under section 30118(b). 
     Nothing in this paragraph may be construed to prohibit the 
     importation of a new motor vehicle that receives a required 
     recall remedy before being sold to a consumer in the United 
     States.''; and
       (2) in subsection (b)(2)--
       (A) in subparagraph (A), by striking ``or'' at the end;
       (B) in subparagraph (B), by adding ``or'' at the end; and
       (C) by adding at the end the following:
       ``(C) having no reason to know, despite exercising 
     reasonable care, that a motor vehicle or motor vehicle 
     equipment contains a defect related to motor vehicle safety 
     about which notice was given under section 30118(c) or an 
     order was issued under section 30118(b);''.

     SEC. 31209. FINANCIAL RESPONSIBILITY REQUIREMENTS FOR 
                   IMPORTERS.

       Chapter 301 of title 49, United States Code, is amended--
       (1) in the chapter analysis, by striking the item relating 
     to subchapter III and inserting the following:

       ``subchapter iii--importing motor vehicles and equipment'';

       (2) in the heading for subchapter III, by striking 
     ``NONCOMPLYING''; and
       (3) in section 30147, by amending subsection (b) to read as 
     follows:
       ``(b) Financial Responsibility Requirement.--
       ``(1) Rulemaking.--The Secretary of Transportation may 
     issue regulations requiring each person that imports a motor 
     vehicle or motor vehicle equipment into the customs territory 
     of the United States, including a registered importer (or any 
     successor in interest), provide and maintain evidence, 
     satisfactory to the Secretary, of sufficient financial 
     responsibility to meet its obligations under section 
     30117(b), sections 30118 through 30121, and section 30166(f). 
     In making a determination of sufficient financial 
     responsibility under this Rule, the Secretary, to avoid 
     duplicative requirements, shall first, to the extent 
     practicable, rely on existing reporting and recordkeeping 
     requirements and other information available to the 
     Secretary, and shall coordinate with other Federal agencies, 
     including the Securities and Exchange Commission, to access 
     information collected and made publicly available under 
     existing reporting and recordkeeping requirements.

[[Page S1316]]

       ``(2) Refusal of admission.--If the Secretary of 
     Transportation believes that a person described in paragraph 
     (1) has not provided and maintained evidence of sufficient 
     financial responsibility to meet the obligations referred to 
     in paragraph (1), the Secretary of Homeland Security shall 
     first offer the person an opportunity to remedy the 
     deficiency within 30 days, and if not remedied thereafter may 
     refuse the admission into the customs territory of the United 
     States of any motor vehicle or motor vehicle equipment 
     imported by the person.
       ``(3) Exception.--This subsection shall not apply to 
     original manufacturers (or wholly owned subsidiaries) of 
     motor vehicles that, prior to the date of enactment of the --
       ``(A) have imported motor vehicles into the United States 
     that are certified to comply with all applicable Federal 
     motor vehicle safety standards;
       ``(B) have submitted to the Secretary appropriate 
     manufacturer identification information under part 566 of 
     title 49, Code of Federal Regulations; and
       ``(C) if applicable, have identified a current agent for 
     service of process in accordance with part 551 of title 49, 
     Code of Federal Regulations.''.

     SEC. 31210. CONDITIONS ON IMPORTATION OF VEHICLES AND 
                   EQUIPMENT.

       Chapter 301 of title 49, United States Code, is amended--
       (1) in the chapter analysis, by striking the item relating 
     to section 30164 and inserting the following:

``30164. Service of process; conditions on importation of vehicles and 
              equipment.'';
     and
       (2) in section 30164--
       (A) in the section heading, by adding ``; CONDITIONS ON 
     IMPORTATION OF VEHICLES AND EQUIPMENT'' at the end; and
       (B) by adding at the end the following:
       ``(c) Identifying Information.--A manufacturer (including 
     an importer) offering a motor vehicle or motor vehicle 
     equipment for import shall provide such information as the 
     Secretary may, by rule, request including--
       ``(1) the product by name and the manufacturer's address; 
     and
       ``(2) each retailer or distributor to which the 
     manufacturer directly supplied motor vehicles or motor 
     vehicle equipment over which the Secretary has jurisdiction 
     under this chapter.
       ``(d) Rulemaking.--In issuing a rulemaking, the Secretary 
     shall seek to reduce duplicative requirements by coordinating 
     with Department of Homeland Security. The Secretary may issue 
     regulations that--
       ``(1) condition the import of a motor vehicle or motor 
     vehicle equipment on the manufacturer's compliance with--
       ``(A) the requirements under this section;
       ``(B) any rules issued with respect to such requirements; 
     or
       ``(C) any other requirements under this chapter or rules 
     issued with respect to such requirements;
       ``(2) provide an opportunity for the manufacturer to 
     present information before the Secretary's determination as 
     to whether the manufacturer's imports should be restricted; 
     and
       ``(3) establish a process by which a manufacturer may 
     petition for reinstatement of its ability to import motor 
     vehicles or motor vehicle equipment.
       ``(e) Exception.--The requirements of subsections (c) and 
     (d) shall not apply to original manufacturers (or wholly 
     owned subsidiaries) of motor vehicles that, prior to the date 
     of enactment of the --
       ``(1) have imported motor vehicles into the United States 
     that are certified to comply with all applicable Federal 
     motor vehicle safety standards,
       ``(2) have submitted to the Secretary appropriate 
     manufacturer identification information under part 566 of 
     title 49, Code of Federal Regulations; and
       ``(3) if applicable, have identified a current agent for 
     service of process in accordance with part 551 of title 49, 
     Code of Federal Regulations.''.

     SEC. 31211. PORT INSPECTIONS; SAMPLES FOR EXAMINATION OR 
                   TESTING.

       Section 30166(c) of title 49, United States Code, is 
     amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3)--
       (A) in subparagraph (A), by inserting ``(including at 
     United States ports of entry)'' after ``held for introduction 
     in interstate commerce''; and
       (B) in subparagraph (D), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(4) shall enter into a memorandum of understanding with 
     the Secretary of Homeland Security for inspections and 
     sampling of motor vehicle equipment being offered for import 
     to determine compliance with this chapter or a regulation or 
     order issued under this chapter.''.

              Subtitle C--Transparency and Accountability

     SEC. 31301. IMPROVED NATIONAL HIGHWAY TRAFFIC SAFETY 
                   ADMINISTRATION VEHICLE SAFETY DATABASE.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall improve public 
     accessibility to information on the National Highway Traffic 
     Safety Administration's publicly accessible vehicle safety 
     databases by--
       (1) improving organization and functionality, including 
     modern web design features, and allowing for data to be 
     searched, aggregated, and downloaded;
       (2) providing greater consistency in presentation of 
     vehicle safety issues; and
       (3) improving searchability about specific vehicles and 
     issues through standardization of commonly used search terms.
       (b) Vehicle Recall Information.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall require that motor 
     vehicle safety recall information--
       (A) is available to the public on the Internet;
       (B) is searchable by vehicle make and model and vehicle 
     identification number;
       (C) is in a format that preserves consumer privacy; and
       (D) includes information about each recall that has not 
     been completed for each vehicle.
       (2) Rulemaking.--The Secretary may initiate a rulemaking 
     proceeding to require each manufacturer to provide the 
     information described in paragraph (1), with respect to that 
     manufacturer's motor vehicles, at no cost on a publicly 
     accessible Internet website.
       (3) Database awareness promotion activities.--The 
     Secretary, in consultation with the heads of other relevant 
     agencies, shall promote consumer awareness of the information 
     made available to the public pursuant to this subsection.

     SEC. 31302. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
                   HOTLINE FOR MANUFACTURER, DEALER, AND MECHANIC 
                   PERSONNEL.

       The Secretary shall--
       (1) establish a means by which mechanics, passenger motor 
     vehicle dealership personnel, and passenger motor vehicle 
     manufacturer personnel may directly and confidentially 
     contact the National Highway Traffic Safety Administration to 
     report potential passenger motor vehicle safety defects; and
       (2) publicize the means for contacting the National Highway 
     Traffic Safety Administration in a manner that targets 
     mechanics, passenger motor vehicle dealership personnel, and 
     manufacturer personnel.

     SEC. 31303. CONSUMER NOTICE OF SOFTWARE UPDATES AND OTHER 
                   COMMUNICATIONS WITH DEALERS.

       (a) Internet Accessibility.--Section 30166(f) of title 49, 
     United States Code, is amended--
       (1) by striking ``A manufacturer shall give the Secretary 
     of Transportation'' and inserting the following:
       ``(1) In general.--A manufacturer shall give the Secretary 
     of Transportation, and make available on a publicly 
     accessible Internet website,''; and
       (2) by adding at the end the following:
       ``(2) Notices.--Communications required to be submitted to 
     the Secretary and made available on a publicly accessible 
     Internet website under this subsection shall include all 
     notices to dealerships of software upgrades and modifications 
     recommended by a manufacturer for all previously sold 
     vehicles. Notice is required even if the software upgrade or 
     modification is not related to a safety defect or 
     noncompliance with a motor vehicle safety standard. The 
     notice shall include a plain language description of the 
     purpose of the update and that description shall be 
     prominently placed at the beginning of the notice.
       ``(3) Index.--Communications required to be submitted to 
     the Secretary under this subsection shall be accompanied by 
     an index to each communication, which--
       ``(A) identifies the make, model, and model year of the 
     affected vehicles;
       ``(B) includes a concise summary of the subject matter of 
     the communication; and
       ``(C) shall be made available by the Secretary to the 
     public on the Internet in a searchable format.''.

     SEC. 31304. PUBLIC AVAILABILITY OF EARLY WARNING DATA.

       Section 30166(m) of title 49, United States Code, is 
     amended in paragraph (4), by amending subparagraph (C) to 
     read as follows:
       ``(C) Disclosure.--
       ``(i) In general.--The information provided to the 
     Secretary pursuant to this subsection shall be disclosed 
     publicly unless exempt from disclosure under section 552(b) 
     of title 5.
       ``(ii) Presumption.--In administering this subparagraph, 
     the Secretary shall presume in favor of maximum public 
     availability of information.''.

     SEC. 31305. CORPORATE RESPONSIBILITY FOR NATIONAL HIGHWAY 
                   TRAFFIC SAFETY ADMINISTRATION REPORTS.

       (a) In General.--Section 30166 of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(o) Corporate Responsibility for Reports.--
       ``(1) In general.--The Secretary shall require a senior 
     official responsible for safety in each company submitting 
     information to the Secretary in response to a request for 
     information in a safety defect or compliance investigation 
     under this chapter to certify that--
       ``(A) the signing official has reviewed the submission; and
       ``(B) based on the official's knowledge, the submission 
     does not--
       ``(i) contain any untrue statement of a material fact; or
       ``(ii) omit to state a material fact necessary in order to 
     make the statements made not misleading, in light of the 
     circumstances under which such statements were made.

[[Page S1317]]

       ``(2) Notice.--The certification requirements of this 
     section shall be clearly stated on any request for 
     information under paragraph (1).''.
       (b) Civil Penalty.--Section 30165(a) of title 49, United 
     States Code, is amended--
       (1) in paragraph (3), by striking ``A person'' and 
     inserting ``Except as provided in paragraph (4), a person''; 
     and
       (2) by adding at the end the following:
       ``(4) False, misleading, or incomplete reports.--A person 
     who knowingly and willfully submits materially false, 
     misleading, or incomplete information to the Secretary, after 
     certifying the same information as accurate and complete 
     under the certification process established pursuant to 
     section 30166(o), shall be subject to a civil penalty of not 
     more than $5,000 per day. The maximum penalty under this 
     paragraph for a related series of daily violations is 
     $5,000,000.''.

     SEC. 31306. PASSENGER MOTOR VEHICLE INFORMATION PROGRAM.

       (a) Definition.--Section 32301 of title 49, United States 
     Code, is amended--
       (1) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively;
       (2) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) `crash avoidance' means preventing or mitigating a 
     crash;''; and
       (3) in paragraph (2), as redesignated, by striking the 
     period at the end and inserting ``; and''.
       (b) Information Included.--Section 32302(a) of title 49, 
     United States Code, is amended--
       (1) in paragraph (2), by inserting ``, crash avoidance, and 
     any other areas the Secretary determines will improve the 
     safety of passenger motor vehicles'' after 
     ``crashworthiness''; and
       (2) by striking paragraph (4).

     SEC. 31307. PROMOTION OF VEHICLE DEFECT REPORTING.

       Section 32302 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(d) Motor Vehicle Defect Reporting Information.--
       ``(1) Rulemaking required.--Not later than 1 year after the 
     date of the enactment of the , the Secretary shall prescribe 
     regulations that require passenger motor vehicle 
     manufacturers--
       ``(A) to affix, in the glove compartment or in another 
     readily accessible location on the vehicle, a sticker, decal, 
     or other device that provides, in simple and understandable 
     language, information about how to submit a safety-related 
     motor vehicle defect complaint to the National Highway 
     Traffic Safety Administration;
       ``(B) to prominently print the information described in 
     subparagraph (A) on a separate page within the owner's 
     manual; and
       ``(C) to not place such information on the label required 
     under section 3 of the Automobile Information Disclosure Act 
     (15 U.S.C. 1232).
       ``(2) Application.--The requirements under paragraph (1) 
     shall apply to passenger motor vehicles manufactured in any 
     model year beginning more than 1 year after the date on which 
     a final rule is published under paragraph (1).''.

     SEC. 31308. WHISTLEBLOWER PROTECTIONS FOR MOTOR VEHICLE 
                   MANUFACTURERS, PART SUPPLIERS, AND DEALERSHIP 
                   EMPLOYEES.

       (a) In General.--Subchapter IV of chapter 301 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec.  30171. Protection of employees providing motor 
       vehicle safety information

       ``(a) Discrimination Against Employees of Manufacturers, 
     Part Suppliers, and Dealerships.--No motor vehicle 
     manufacturer, part supplier, or dealership may discharge an 
     employee or otherwise discriminate against an employee with 
     respect to compensation, terms, conditions, or privileges of 
     employment because the employee (or any person acting 
     pursuant to a request of the employee)--
       ``(1) provided, caused to be provided, or is about to 
     provide (with any knowledge of the employer) or cause to be 
     provided to the employer or the Secretary of Transportation 
     information relating to any motor vehicle defect, 
     noncompliance, or any violation or alleged violation of any 
     notification or reporting requirement of this chapter;
       ``(2) has filed, caused to be filed, or is about to file 
     (with any knowledge of the employer) or cause to be filed a 
     proceeding relating to any violation or alleged violation of 
     any motor vehicle defect, noncompliance, or any violation or 
     alleged violation of any notification or reporting 
     requirement of this chapter;
       ``(3) testified or is about to testify in such a 
     proceeding;
       ``(4) assisted or participated or is about to assist or 
     participate in such a proceeding; or
       ``(5) objected to, or refused to participate in, any 
     activity that the employee reasonably believed to be in 
     violation of any provision of any Act enforced by the 
     Secretary of Transportation, or any order, rule, regulation, 
     standard, or ban under any such Act.
       ``(b) Complaint Procedure.--
       ``(1) Filing and notification.--A person who believes that 
     he or she has been discharged or otherwise discriminated 
     against by any person in violation of subsection (a) may, not 
     later than 180 days after the date on which such violation 
     occurs, file (or have any person file on his or her behalf) a 
     complaint with the Secretary of Labor (hereinafter in this 
     section referred to as the `Secretary') alleging such 
     discharge or discrimination. Upon receipt of such a 
     complaint, the Secretary shall notify, in writing, the person 
     named in the complaint of the filing of the complaint, of the 
     allegations contained in the complaint, of the substance of 
     evidence supporting the complaint, and of the opportunities 
     that will be afforded to such person under paragraph (2).
       ``(2) Investigation; preliminary order.--
       ``(A) In general.--Not later than 60 days after the date of 
     receipt of a complaint filed under paragraph (1) and after 
     affording the person named in the complaint an opportunity to 
     submit to the Secretary a written response to the complaint 
     and an opportunity to meet with a representative of the 
     Secretary to present statements from witnesses, the Secretary 
     shall conduct an investigation and determine whether there is 
     reasonable cause to believe that the complaint has merit and 
     notify, in writing, the complainant and the person alleged to 
     have committed a violation of subsection (a) of the 
     Secretary's findings. If the Secretary concludes that there 
     is a reasonable cause to believe that a violation of 
     subsection (a) has occurred, the Secretary shall accompany 
     the Secretary's findings with a preliminary order providing 
     the relief prescribed by paragraph (3)(B). Not later than 30 
     days after the date of notification of findings under this 
     paragraph, either the person alleged to have committed the 
     violation or the complainant may file objections to the 
     findings or preliminary order, or both, and request a hearing 
     on the record. The filing of such objections shall not 
     operate to stay any reinstatement remedy contained in the 
     preliminary order. Such hearings shall be conducted 
     expeditiously. If a hearing is not requested in such 30-day 
     period, the preliminary order shall be deemed a final order 
     that is not subject to judicial review.
       ``(B) Requirements.--
       ``(i) Required showing by complainant.--The Secretary shall 
     dismiss a complaint filed under this subsection and shall not 
     conduct an investigation otherwise required under 
     subparagraph (A) unless the complainant makes a prima facie 
     showing that any behavior described in paragraphs (1) through 
     (5) of subsection (a) was a contributing factor in the 
     unfavorable personnel action alleged in the complaint.
       ``(ii) Showing by employer.--Notwithstanding a finding by 
     the Secretary that the complainant has made the showing 
     required under clause (i), no investigation otherwise 
     required under subparagraph (A) shall be conducted if the 
     employer demonstrates, by clear and convincing evidence, that 
     the employer would have taken the same unfavorable personnel 
     action in the absence of that behavior.
       ``(iii) Criteria for determination by secretary.--The 
     Secretary may determine that a violation of subsection (a) 
     has occurred only if the complainant demonstrates that any 
     behavior described in paragraphs (1) through (5) of 
     subsection (a) was a contributing factor in the unfavorable 
     personnel action alleged in the complaint.
       ``(iv) Prohibition.--Relief may not be ordered under 
     subparagraph (A) if the employer demonstrates, by clear and 
     convincing evidence, that the employer would have taken the 
     same unfavorable personnel action in the absence of that 
     behavior.
       ``(3) Final order.--
       ``(A) Deadline for issuance; settlement agreements.--Not 
     later than 120 days after the date of conclusion of a hearing 
     under paragraph (2), the Secretary shall issue a final order 
     providing the relief prescribed by this paragraph or denying 
     the complaint. At any time before issuance of a final order, 
     a proceeding under this subsection may be terminated on the 
     basis of a settlement agreement entered into by the 
     Secretary, the complainant, and the person alleged to have 
     committed the violation.
       ``(B) Remedy.--If, in response to a complaint filed under 
     paragraph (1), the Secretary determines that a violation of 
     subsection (a) has occurred, the Secretary shall order the 
     person who committed such violation--
       ``(i) to take affirmative action to abate the violation;
       ``(ii) to reinstate the complainant to his or her former 
     position together with the compensation (including back pay) 
     and restore the terms, conditions, and privileges associated 
     with his or her employment; and
       ``(iii) to provide compensatory damages to the complainant.
       ``(C) Attorneys' fees.--If such an order is issued under 
     this paragraph, the Secretary, at the request of the 
     complainant, shall assess against the person against whom the 
     order is issued a sum equal to the aggregate amount of all 
     costs and expenses (including attorneys' and expert witness 
     fees) reasonably incurred, as determined by the Secretary, by 
     the complainant for, or in connection with, bringing the 
     complaint upon which the order was issued.
       ``(D) Frivolous complaints.--If the Secretary determines 
     that a complaint under paragraph (1) is frivolous or has been 
     brought in bad faith, the Secretary may award to the 
     prevailing employer a reasonable attorney's fee not exceeding 
     $1,000.
       ``(E) De novo review.--With respect to a complaint under 
     paragraph (1), if the Secretary of Labor has not issued a 
     final decision within 210 days after the filing of the 
     complaint and if the delay is not due to the bad faith of the 
     employee, the employee may bring an original action at law or 
     equity for de novo review in the appropriate district

[[Page S1318]]

     court of the United States, which shall have jurisdiction 
     over such an action without regard to the amount in 
     controversy, and which action shall, at the request of either 
     party to the action, be tried by the court with a jury. The 
     action shall be governed by the same legal burdens of proof 
     specified in paragraph (2)(B) for review by the Secretary of 
     Labor.
       ``(4) Review.--
       ``(A) Appeal to court of appeals.--Any person adversely 
     affected or aggrieved by an order issued under paragraph (3) 
     may obtain review of the order in the United States Court of 
     Appeals for the circuit in which the violation, with respect 
     to which the order was issued, allegedly occurred or the 
     circuit in which the complainant resided on the date of such 
     violation. The petition for review shall be filed not later 
     than 60 days after the date of the issuance of the final 
     order of the Secretary. Review shall conform to chapter 7 of 
     title 5. The commencement of proceedings under this 
     subparagraph shall not, unless ordered by the court, operate 
     as a stay of the order.
       ``(B) Limitation on collateral attack.--An order of the 
     Secretary with respect to which review could have been 
     obtained under subparagraph (A) shall not be subject to 
     judicial review in any criminal or other civil proceeding.
       ``(5) Enforcement of order by secretary.--Whenever any 
     person fails to comply with an order issued under paragraph 
     (3), the Secretary may file a civil action in the United 
     States district court for the district in which the violation 
     was found to occur to enforce such order. In actions brought 
     under this paragraph, the district courts shall have 
     jurisdiction to grant all appropriate relief, including 
     injunctive relief and compensatory damages.
       ``(6) Enforcement of order by parties.--
       ``(A) Commencement of action.--A person on whose behalf an 
     order was issued under paragraph (3) may commence a civil 
     action against the person to whom such order was issued to 
     require compliance with such order. The appropriate United 
     States district court shall have jurisdiction, without regard 
     to the amount in controversy or the citizenship of the 
     parties, to enforce such order.
       ``(B) Attorney fees.--The court, in issuing any final order 
     under this paragraph, may award costs of litigation 
     (including reasonable attorney and expert witness fees) to 
     any party whenever the court determines such award is 
     appropriate.
       ``(c) Mandamus.--Any nondiscretionary duty imposed under 
     this section shall be enforceable in a mandamus proceeding 
     brought under section 1361 of title 28.
       ``(d) Nonapplicability To Deliberate Violations.--
     Subsection (a) shall not apply with respect to an employee of 
     a motor vehicle manufacturer, part supplier, or dealership 
     who, acting without direction from such motor vehicle 
     manufacturer, part supplier, or dealership (or such person's 
     agent), deliberately causes a violation of any requirement 
     relating to motor vehicle safety under this chapter.''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 301 of title 49, United States Code, is amended by 
     inserting after the item relating to section 30170 the 
     following:

``30171. Protection of employees providing motor vehicle safety 
              information.''.

     SEC. 31309. ANTI-REVOLVING DOOR.

       (a) Amendment.--Subchapter I of chapter 301 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec.  30107. Restriction on covered motor vehicle safety 
       officials

       ``(a) In General.--During the 2-year period after the 
     termination of his or her service or employment, a covered 
     vehicle safety official may not knowingly make, with the 
     intent to influence, any communication to or appearance 
     before any officer or employee of the National Highway 
     Traffic Safety Administration on behalf of any manufacturer 
     subject to regulation under this chapter in connection with 
     any matter involving motor vehicle safety on which such 
     person seeks official action by any officer or employee of 
     the National Highway Traffic Safety Administration.
       ``(b) Manufacturers.--It is unlawful for any manufacturer 
     or other person subject to regulation under this chapter to 
     employ or contract for the services of an individual to whom 
     subsection (a) applies during the 2-year period commencing on 
     the individual's termination of employment with the National 
     Highway Traffic Safety Administration in a capacity in which 
     the individual is prohibited from serving during that period.
       ``(c) Special Rule for Detailees.--For purposes of this 
     section, a person who is detailed from 1 department, agency, 
     or other entity to another department, agency, or other 
     entity shall, during the period such person is detailed, be 
     deemed to be an officer or employee of both departments, 
     agencies, or such entities.
       ``(d) Savings Provision.--Nothing in this section may be 
     construed to expand, contract, or otherwise affect the 
     application of any waiver or criminal penalties under section 
     207 of title 18.
       ``(e) Exception for Testimony.--Nothing in this section may 
     be construed to prevent an individual from giving testimony 
     under oath, or from making statements required to be made 
     under penalty of perjury.
       ``(f) Defined Term.--In this section, the term `covered 
     vehicle safety official' means any officer or employee of the 
     National Highway Traffic Safety Administration--
       ``(1) who, during the final 12 months of his or her service 
     or employment with the agency, serves or served in a 
     technical or legal capacity, and whose job responsibilities 
     include or included vehicle safety defect investigation, 
     vehicle safety compliance, vehicle safety rulemaking, or 
     vehicle safety research; and
       ``(2) who serves in a supervisory or management capacity 
     over an officer or employee described in paragraph (1).
       ``(g) Effective Date.--This section shall apply to covered 
     vehicle safety officials who terminate service or employment 
     with the National Highway Traffic Safety Administration after 
     the date of enactment of the .''.
       (b) Civil Penalty.--Section 30165(a) of title 49, United 
     States Code, as amended by this subtitle, is further amended 
     by adding at the end the following:
       ``(5) Improper influence.--An individual who violates 
     section 30107(a) is liable to the United States Government 
     for a civil penalty, as determined under section 216(b) of 
     title 18, for an offense under section 207 of that title. A 
     manufacturer or other person subject to regulation under this 
     chapter who violates section 30107(b) is liable to the United 
     States Government for a civil penalty equal to the sum of--
       ``(A) an amount equal to not less than $100,000; and
       ``(B) an amount equal to 90 percent of the annual 
     compensation or fee paid or payable to the individual with 
     respect to whom the violation occurred.''.
       (c) Study of Department of Transportation Policies on 
     Official Communication With Former Motor Vehicle Safety Issue 
     Employees.--Not later than 1 year after the date of the 
     enactment of this Act, the Inspector General of the 
     Department of Transportation shall--
       (1) review the Department of Transportation's policies and 
     procedures applicable to official communication with former 
     employees concerning motor vehicle safety compliance matters 
     for which they had responsibility during the last 12 months 
     of their tenure at the Department, including any limitations 
     on the ability of such employees to submit comments, or 
     otherwise communicate directly with the Department, on motor 
     vehicle safety issues; and
       (2) submit a report to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives that contains 
     the Inspector General's findings, conclusions, and 
     recommendations for strengthening those policies and 
     procedures to minimize the risk of undue influence without 
     compromising the ability of the Department to employ and 
     retain highly qualified individuals for such 
     responsibilities.
       (d) Post-Employment Policy Study.--
       (1) In general.--The Inspector General of the Department of 
     Transportation shall conduct a study of the Department's 
     policies relating to post-employment restrictions on 
     employees who perform functions related to transportation 
     safety.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Inspector General shall submit a 
     report containing the results of the study conducted under 
     paragraph (1) to--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (B) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (C) the Secretary of Transportation.
       (3) Use of results.--The Secretary of Transportation shall 
     review the results of the study conducted under paragraph (1) 
     and take whatever action the Secretary determines to be 
     appropriate.
       (e) Conforming Amendment.--The table of contents for 
     chapter 301 of title 49, United States Code, is amended by 
     inserting after the item relating to section 30106 the 
     following:

``30107. Restriction on covered motor vehicle safety officials.''.

     SEC. 31310. STUDY OF CRASH DATA COLLECTION.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate the Committee on Energy and Commerce of the House of 
     Representatives regarding the quality of data collected 
     through the National Automotive Sampling System, including 
     the Special Crash Investigations Program.
       (b) Review.--The Administrator of the National Highway 
     Traffic Safety Administration (referred to in this section as 
     the ``Administration'') shall conduct a comprehensive review 
     of the data elements collected from each crash to determine 
     if additional data should be collected. The review under this 
     subsection shall include input from interested parties, 
     including suppliers, automakers, safety advocates, the 
     medical community, and research organizations.
       (c) Contents.--The report issued under this section shall 
     include--
       (1) the analysis and conclusions the Administration can 
     reach from the amount of motor vehicle crash data collected 
     in a given year;
       (2) the additional analysis and conclusions the 
     Administration could reach if more crash investigations were 
     conducted each year;

[[Page S1319]]

       (3) the number of investigations per year that would allow 
     for optimal data analysis and crash information;
       (4) the results of the comprehensive review conducted 
     pursuant to subsection (b);
       (5) recommendations for improvements to the 
     Administration's data collection program; and
       (6) the resources needed by the Administration to implement 
     such recommendations.

     SEC. 31311. UPDATE MEANS OF PROVIDING NOTIFICATION; IMPROVING 
                   EFFICACY OF RECALLS.

       (a) Update of Means of Providing Notification.--Section 
     30119(d) of title 49, United States Code, is amended--
       (1) by striking, in paragraph (1), ``by first class mail'' 
     and inserting ``in the manner prescribed by the Secretary, by 
     regulation'';
       (2) in paragraph (2)--
       (A) by striking ``(except a tire) shall be sent by first 
     class mail'' and inserting ``shall be sent in the manner 
     prescribed by the Secretary, by regulation,''; and
       (B) by striking the second sentence;
       (3) in paragraph (3)--
       (A) by striking the first sentence;
       (B) by inserting ``to the notification required under 
     paragraphs (1) and (2)'' after ``addition''; and
       (C) by inserting ``by the manufacturer'' after ``given''; 
     and
       (4) in paragraph (4), by striking ``by certified mail or 
     quicker means if available'' and inserting ``in the manner 
     prescribed by the Secretary, by regulation''.
       (b) Improving Efficacy of Recalls.--Section 30119(e) of 
     title 49, United States Code, is amended--
       (1) in the subsection heading, by striking ``Second'' and 
     inserting ``Additional'';
       (2) by striking ``If the Secretary'' and inserting the 
     following:
       ``(1) Second notification.--If the Secretary''; and
       (3) by adding at the end the following:
       ``(2) Additional notifications.--If the Secretary 
     determines, after considering the severity of the defect or 
     noncompliance, that the second notification by a manufacturer 
     does not result in an adequate number of motor vehicles or 
     items of replacement equipment being returned for remedy, the 
     Secretary may order the manufacturer--
       ``(A) to send additional notifications in the manner 
     prescribed by the Secretary, by regulation;
       ``(B) to take additional steps to locate and notify each 
     person registered under State law as the owner or lessee or 
     the most recent purchaser or lessee, as appropriate; and
       ``(C) to emphasize the magnitude of the safety risk caused 
     by the defect or noncompliance in such notification.''.

     SEC. 31312. EXPANDING CHOICES OF REMEDY AVAILABLE TO 
                   MANUFACTURERS OF REPLACEMENT EQUIPMENT.

       Section 30120 of title 49, United States Code, is amended--
       (1) in subsection (a)(1), by amending subparagraph (B) to 
     read as follows:
       ``(B) if replacement equipment, by repairing the equipment, 
     replacing the equipment with identical or reasonably 
     equivalent equipment, or by refunding the purchase price.'';
       (2) in the heading of subsection (i), by adding ``of New 
     Vehicles or Equipment'' at the end; and
       (3) in the heading of subsection (j), by striking 
     ``Replaced'' and inserting ``Replacement''.

     SEC. 31313. RECALL OBLIGATIONS AND BANKRUPTCY OF 
                   MANUFACTURER.

       (a) In General.--Chapter 301 of title 49, United States 
     Code, is amended by inserting the following after section 
     30120:

     ``SEC. 30120A. RECALL OBLIGATIONS AND BANKRUPTCY OF A 
                   MANUFACTURER.

       ``A manufacturer's filing of a petition in bankruptcy under 
     chapter 11 of title 11, does not negate the manufacturer's 
     duty to comply with section 30112 or sections 30115 through 
     30120 of this title. In any bankruptcy proceeding, the 
     manufacturer's obligations under such sections shall be 
     treated as a claim of the United States Government against 
     such manufacturer, subject to subchapter II of chapter 37 of 
     title 31, United States Code, and given priority pursuant to 
     section 3713(a)(1)(A) of such chapter, notwithstanding 
     section 3713(a)(2), to ensure that consumers are adequately 
     protected from any safety defect or noncompliance determined 
     to exist in the manufacturer's products. This section shall 
     apply equally to actions of a manufacturer taken before or 
     after the filing of a petition in bankruptcy.''.
       (b) Conforming Amendment.--The chapter analysis of chapter 
     301 of title 49, United States Code, is amended by inserting 
     after the item relating to section 30120 the following:

``30120a. Recall obligations and bankruptcy of a manufacturer.''.

     SEC. 31314. REPEAL OF INSURANCE REPORTS AND INFORMATION 
                   PROVISION.

       Chapter 331 of title 49, United States Code, is amended--
       (1) in the chapter analysis, by striking the item relating 
     to section 33112; and
       (2) by striking section 33112.

     SEC. 31315. MONRONEY STICKER TO PERMIT ADDITIONAL SAFETY 
                   RATING CATEGORIES.

       Section 3(g)(2) of the Automobile Information Disclosure 
     Act (15 U.S.C. 1232(g)(2)), is amended by inserting ``safety 
     rating categories that may include'' after ``refers to''.

          Subtitle D--Vehicle Electronics and Safety Standards

     SEC. 31401. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
                   ELECTRONICS, SOFTWARE, AND ENGINEERING 
                   EXPERTISE.

       (a) Council for Vehicle Electronics, Vehicle Software, and 
     Emerging Technologies.--
       (1) In general.--The Secretary shall establish, within the 
     National Highway Traffic Safety Administration, a Council for 
     Vehicle Electronics, Vehicle Software, and Emerging 
     Technologies (referred to in this section as the ``Council'') 
     to build, integrate, and aggregate the Administration's 
     expertise in passenger motor vehicle electronics and other 
     new and emerging technologies.
       (2) Implementation of roadmap.--The Council shall research 
     the inclusion of emerging lightweight plastic and composite 
     technologies in motor vehicles to increase fuel efficiency, 
     lower emissions, meet fuel economy standards, and enhance 
     passenger motor vehicle safety through continued utilization 
     of the Administration's Plastic and Composite Intensive 
     Vehicle Safety Roadmap (Report No. DOT HS 810 863).
       (3) Intra-agency coordination.--The Council shall 
     coordinate with all components of the Administration 
     responsible for vehicle safety, including research and 
     development, rulemaking, and defects investigation.
       (b) Honors Recruitment Program.--
       (1) Establishment.--The Secretary shall establish, within 
     the National Highway Traffic Safety Administration, an honors 
     program for engineering students, computer science students, 
     and other students interested in vehicle safety that will 
     enable such students to train with engineers and other safety 
     officials for a career in vehicle safety.
       (2) Stipend.--The Secretary is authorized to provide a 
     stipend to students during their participation in the program 
     established pursuant to paragraph (1).
       (c) Assessment.--The Council, in consultation with affected 
     stakeholders, shall assess the implications of emerging 
     safety technologies in passenger motor vehicles, including 
     the effect of such technologies on consumers, product 
     availability, and cost.

     SEC. 31402. VEHICLE STOPPING DISTANCE AND BRAKE OVERRIDE 
                   STANDARD.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary shall prescribe a Federal motor vehicle 
     safety standard that--
       (1) mitigates unintended acceleration in passenger motor 
     vehicles;
       (2) establishes performance requirements, based on the 
     speed, size, and weight of the vehicle, that enable a driver 
     to bring a passenger motor vehicle safely to a full stop by 
     normal braking application even if the vehicle is 
     simultaneously receiving accelerator input signals, including 
     a full-throttle input signal;
       (3) may permit compliance through a system that requires 
     brake pedal application, after a period of time determined by 
     the Secretary, to override an accelerator pedal input signal 
     in order to stop the vehicle;
       (4) requires that redundant circuits or other mechanisms be 
     built into accelerator control systems, including systems 
     controlled by electronic throttle, to maintain vehicle 
     control in the event of failure of the primary circuit or 
     mechanism; and
       (5) may permit vehicles to incorporate a means to 
     temporarily disengage the function required under paragraph 
     (2) to facilitate operations, such as maneuvering trailers or 
     climbing steep hills, which may require the simultaneous 
     operation of brake and accelerator.

     SEC. 31403. PEDAL PLACEMENT STANDARD.

       (a) In General.--The Secretary shall initiate a rulemaking 
     proceeding to consider a Federal motor vehicle safety 
     standard that would mitigate potential obstruction of pedal 
     movement in passenger motor vehicles, after taking into 
     account--
       (1) various pedal mounting configurations; and
       (2) minimum clearances for passenger motor vehicle foot 
     pedals with respect to other pedals, the vehicle floor 
     (including aftermarket floor coverings), and any other 
     potential obstructions to pedal movement that the Secretary 
     determines to be relevant.
       (b) Deadline.--
       (1) In general.--Except as provided under paragraph (2), 
     the Secretary shall issue a final rule to implement the 
     safety standard described in subsection (a) not later than 3 
     years after the date of the enactment of this Act.
       (2) Report.--If the Secretary determines that a pedal 
     placement standard does not meet the requirements and 
     considerations set forth in subsections (a) and (b) of 
     section 30111 of title 49, United States Code, the Secretary 
     shall submit a report describing the reasons for not 
     prescribing such standard to--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Energy and Commerce of the House of 
     Representatives.
       (c) Combined Rulemaking.--The Secretary may combine the 
     rulemaking proceeding required under subsection (a) with the 
     rulemaking proceeding required under section 31402.

     SEC. 31404. ELECTRONIC SYSTEMS PERFORMANCE STANDARD.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall initiate a 
     rulemaking proceeding to consider prescribing or amending

[[Page S1320]]

     a Federal motor vehicle safety standard that--
       (1) requires electronic systems in passenger motor vehicles 
     to meet minimum performance requirements; and
       (2) may include requirements for--
       (A) electronic components;
       (B) the interaction of electronic components;
       (C) security needs for those electronic systems to prevent 
     unauthorized access; or
       (D) the effect of surrounding environments on those 
     electronic systems.
       (b) Deadline.--
       (1) In general.--Except as provided under paragraph (2), 
     the Secretary shall issue a final rule to implement the 
     safety standard described in subsection (a) not later than 4 
     years after the date of enactment of this Act.
       (2) Report.--If the Secretary determines that such a 
     standard does not meet the requirements and considerations 
     set forth in subsections (a) and (b) of section 30111 of 
     title 49, United States Code, the Secretary shall submit a 
     report describing the reasons for not prescribing such 
     standard to--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Energy and Commerce of the House of 
     Representatives.
       (c) National Academy of Sciences.--In conducting the 
     rulemaking under subsection (a), the Secretary shall consider 
     the findings and recommendations of the National Academy of 
     Sciences, if any, pursuant to its study of electronic vehicle 
     controls.

     SEC. 31405. PUSHBUTTON IGNITION SYSTEMS STANDARD.

       (a) Pushbutton Ignition Standard.--
       (1) In general.--The Secretary shall initiate a rulemaking 
     proceeding to consider a Federal motor vehicle safety 
     standard for passenger motor vehicles with pushbutton 
     ignition systems that establishes a standardized operation of 
     such systems when used by drivers, including drivers who may 
     be unfamiliar with such systems, in an emergency situation 
     when the vehicle is in motion.
       (2) Other ignition systems.--In the rulemaking proceeding 
     initiated under paragraph (1), the Secretary may include any 
     other ignition-starting mechanism that the Secretary 
     determines should be considered.
       (b) Pushbutton Ignition System Defined.--The term 
     ``pushbutton ignition system'' means a mechanism, such as the 
     push of a button, for starting a passenger motor vehicle that 
     does not involve the physical insertion and turning of a 
     tangible key.
       (c) Deadline.--
       (1) In general.--Except as provided under paragraph (2), 
     the Secretary shall issue a final rule to implement the 
     standard described in subsection (a) not later than 2 years 
     after the date of the enactment of this Act.
       (2) Report.--If the Secretary determines that a standard 
     does not meet the requirements and considerations set forth 
     in subsections (a) and (b) of section 30111 of title 49, 
     United States Code, the Secretary shall submit a report 
     describing the reasons for not prescribing such standard to--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Energy and Commerce of the House of 
     Representatives.

     SEC. 31406. VEHICLE EVENT DATA RECORDERS.

       (a) Mandatory Event Data Recorders.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall revise part 563 of 
     title 49, Code of Federal Regulations, to require, beginning 
     with model year 2015, that new passenger motor vehicles sold 
     in the United States be equipped with an event data recorder 
     that meets the requirements under that part.
       (2) Penalty.--The violation of any provision under part 563 
     of title 49, Code of Federal Regulations--
       (A) shall be deemed to be a violation of section 30112 of 
     title 49, United States Code;
       (B) shall be subject to civil penalties under section 
     30165(a) of that title; and
       (C) shall not subject a manufacturer (as defined in section 
     30102(a)(5) of that title) to the requirements under section 
     30120 of that title.
       (b) Limitations on Information Retrieval.--
       (1) Ownership of data.--Any data in an event data recorder 
     required under part 563 of title 49, Code of Federal 
     Regulations, regardless of when the passenger motor vehicle 
     in which it is installed was manufactured, is the property of 
     the owner, or in the case of a leased vehicle, the lessee of 
     the passenger motor vehicle in which the data recorder is 
     installed.
       (2) Privacy.--Data recorded or transmitted by such a data 
     recorder may not be retrieved by a person other than the 
     owner or lessee of the motor vehicle in which the recorder is 
     installed unless--
       (A) a court authorizes retrieval of the information in 
     furtherance of a legal proceeding;
       (B) the owner or lessee consents to the retrieval of the 
     information for any purpose, including the purpose of 
     diagnosing, servicing, or repairing the motor vehicle;
       (C) the information is retrieved pursuant to an 
     investigation or inspection authorized under section 1131(a) 
     or 30166 of title 49, United States Code, and the personally 
     identifiable information of the owner, lessee, or driver of 
     the vehicle and the vehicle identification number is not 
     disclosed in connection with the retrieved information; or
       (D) the information is retrieved for the purpose of 
     determining the need for, or facilitating, emergency medical 
     response in response to a motor vehicle crash.
       (c) Report to Congress.--Two years after the date of 
     implementation of subsection (a), the Secretary shall study 
     the safety impact and the impact on individual privacy of 
     event data recorders in passenger motor vehicles and report 
     its findings to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives. The report shall 
     include--
       (1) the safety benefits gained from installation of event 
     data recorders;
       (2) the recommendations on what, if any, additional data 
     the event data recorder should be modified to record;
       (3) the additional safety benefit such information would 
     yield;
       (4) the estimated cost to manufacturers to implement the 
     new enhancements;
       (5) an analysis of how the information proposed to be 
     recorded by an event data recorder conforms to applicable 
     legal, regulatory, and policy requirements regarding privacy;
       (6) a determination of the risks and effects of collecting 
     and maintaining the information proposed to be recorded by an 
     event data recorder;
       (7) an examination and evaluation of the protections and 
     alternative processes for handling information recorded by an 
     event data recorder to mitigate potential privacy risks.
       (d) Revised Requirements for Event Data Recorders.--Based 
     on the findings of the study under subsection (c), the 
     Secretary shall initiate a rulemaking proceeding to revise 
     part 563 of title 49, Code of Federal Regulations. The rule--
       (1) shall require event data recorders to capture and store 
     data related to motor vehicle safety covering a reasonable 
     time period before, during, and after a motor vehicle crash 
     or airbag deployment, including a rollover;
       (2) shall require that data stored on such event data 
     recorders be accessible, regardless of vehicle manufacturer 
     or model, with commercially available equipment in a 
     specified data format;
       (3) shall establish requirements for preventing 
     unauthorized access to the data stored on an event data 
     recorder in order to protect the security, integrity, and 
     authenticity of the data; and
       (4) may require an interoperable data access port to 
     facilitate universal accessibility and analysis.
       (e) Disclosure of Existence and Purpose of Event Data 
     Recorder.--The rule issued under subsection (d) shall require 
     that any owner's manual or similar documentation provided to 
     the first purchaser of a passenger motor vehicle for purposes 
     other than resale--
       (1) disclose that the vehicle is equipped with such a data 
     recorder; and
       (2) explain the purpose of the data recorder.
       (f) Access to Event Data Recorders in Agency 
     Investigations.--Section 30166(c)(3)(C) of title 49, United 
     States Code, is amended by inserting ``, including any 
     electronic data contained within the vehicle's diagnostic 
     system or event data recorder'' after ``equipment.''
       (g) Deadline for Rulemaking.--The Secretary shall issue a 
     final rule under subsection (d) not later than 4 years after 
     the date of enactment of this Act.

     SEC. 31407. PROHIBITION ON ELECTRONIC VISUAL ENTERTAINMENT IN 
                   DRIVER'S VIEW.

       (a) Visual Entertainment Screens in Driver's View.--Not 
     later than 2 years after the date of enactment of this Act, 
     the Secretary of Transportation shall issue a final rule that 
     prescribes a Federal motor vehicle safety standard 
     prohibiting electronic screens from displaying broadcast 
     television, movies, video games, and other forms of similar 
     visual entertainment that is visible to the driver while 
     driving.
       (b) Exceptions.--The standard prescribed under subsection 
     (a) shall allow electronic screens that display information 
     or images regarding operation of the vehicle, vehicle 
     surroundings, and telematic functions, such as the vehicles 
     navigation and communications system, weather, time, or the 
     vehicle's audio system.

     SEC. 31408. COMMERCIAL MOTOR VEHICLE ROLLOVER PREVENTION AND 
                   CRASH MITIGATION.

       (a) Rulemaking.--Not later than 3 months after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     initiate a rulemaking proceeding pursuant to section 30111 of 
     title 49, United States Code, to prescribe or amend a Federal 
     motor vehicle safety standard to reduce commercial motor 
     vehicle rollover and loss of control crashes and mitigate 
     deaths and injuries associated with such crashes for air-
     braked truck tractors and motorcoaches with a gross vehicle 
     weight rating of more than 26,000 pounds.
       (b) Required Performance Standards.--The rulemaking 
     proceeding initiated under subsection (a) shall establish 
     standards to reduce the occurrence of rollovers and loss of 
     control crashes consistent with stability enhancing 
     technologies, such as electronic stability control systems.
       (c) Deadline.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall issue a final rule 
     under subsection (a).

[[Page S1321]]

                   Subtitle E--Child Safety Standards

     SEC. 31501. CHILD SAFETY SEATS.

       (a) Protection for Larger Children.--Not later than 1 year 
     after the date of enactment of this Act, the Secretary shall 
     issue a final rule amending Federal Motor Vehicle Safety 
     Standard Number 213 to establish frontal crash protection 
     requirements for child restraint systems for children 
     weighing more than 65 pounds.
       (b) Side Impact Crashes.--Not later than 2 years after the 
     date of enactment of this Act, the Secretary shall issue a 
     final rule amending Federal Motor Vehicle Safety Standard 
     Number 213 to improve the protection of children seated in 
     child restraint systems during side impact crashes.
       (c) Frontal Impact Test Parameters.--
       (1) Commencement.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall commence a 
     rulemaking proceeding to amend test parameters under Federal 
     Motor Vehicle Safety Standard Number 213 to better replicate 
     real world conditions.
       (2) Final rule.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary shall issue a final rule 
     pursuant to paragraph (1).

     SEC. 31502. CHILD RESTRAINT ANCHORAGE SYSTEMS.

       (a) Initiation of Rulemaking Proceeding.--Not later than 1 
     year after the date of enactment of this Act, the Secretary 
     shall initiate a rulemaking proceeding to--
       (1) amend Federal Motor Vehicle Safety Standard Number 225 
     (relating to child restraint anchorage systems) to improve 
     the visibility of, accessibility to, and ease of use for 
     lower anchorages and tethers in all rear seat seating 
     positions if such anchorages and tethers are feasible; and
       (2) amend Federal Motor Vehicle Safety Standard Number 213 
     (relating to child restraint systems) or Federal Motor 
     Vehicle Safety Standard Number 225 (relating to child 
     restraint anchorage systems)--
       (A) to establish a maximum allowable weight of the child 
     and child restraint for standardizing the recommended use of 
     child restraint anchorage systems in all vehicles; and
       (B) to provide the information described in subparagraph 
     (A) to the consumer.
       (b) Final Rule.--
       (1) In general.--Except as provided under paragraph (2), 
     the Secretary shall issue a final rule under subsection (a) 
     not later than 3 years after the date of the enactment of 
     this Act.
       (2) Report.--If the Secretary determines that an amendment 
     to the standard referred to in subsection (a) does not meet 
     the requirements and considerations set forth in subsections 
     (a) and (b) of section 30111 of title 49, United States Code, 
     the Secretary shall submit a report describing the reasons 
     for not prescribing such a standard to--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Energy and Commerce of the House of 
     Representatives.

     SEC. 31503. REAR SEAT BELT REMINDERS.

       (a) Initiation of Rulemaking Proceeding.--Not later than 2 
     years after the date of enactment of this Act, the Secretary 
     shall initiate a rulemaking proceeding to amend Federal Motor 
     Vehicle Safety Standard Number 208 (relating to occupant 
     crash protection) to provide a safety belt use warning system 
     for designated seating positions in the rear seat.
       (b) Final Rule.--
       (1) In general.--Except as provided under paragraph (2), 
     the Secretary shall issue a final rule under subsection (a) 
     not later than 3 years after the date of enactment of this 
     Act.
       (2) Report.--If the Secretary determines that an amendment 
     to the standard referred to in subsection (a) does not meet 
     the requirements and considerations set forth in subsections 
     (a) and (b) of section 30111 of title 49, United States Code, 
     the Secretary shall submit a report describing the reasons 
     for not prescribing such a standard to--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Energy and Commerce of the House of 
     Representatives.

     SEC. 31504. UNATTENDED PASSENGER REMINDERS.

       (a) Safety Research Initiative.--Not later than 2 years 
     after the date of enactment of this Act, the Secretary shall 
     complete research into the development of performance 
     requirements to warn drivers that a child or other unattended 
     passenger remains in a rear seating position after the 
     vehicle motor is disengaged.
       (b) Specifications.--In carrying out subsection (a), the 
     Secretary shall consider performance requirements that--
       (1) sense weight, the presence of a buckled seat belt, or 
     other indications of the presence of a child or other 
     passenger; and
       (2) provide an alert to prevent hyperthermia and 
     hypothermia that can result in death or severe injuries.
       (c) Rulemaking or Report.--
       (1) Rulemaking.--Not later than 1 year after the completion 
     of each research and testing initiative required under 
     subsection (a), the Secretary shall initiate a rulemaking 
     proceeding to issue a Federal motor vehicle safety standard 
     if the Secretary determines that such a standard meets the 
     requirements and considerations set forth in subsections (a) 
     and (b) of section 30111 of title 49, United States Code.
       (2) Report.--If the Secretary determines that the standard 
     described in subsection (a) does not meet the requirements 
     and considerations set forth in subsections (a) and (b) of 
     section 30111 of title 49, United States Code, the Secretary 
     shall submit a report describing the reasons for not 
     prescribing such a standard to--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Energy and Commerce of the House of 
     Representatives.

     SEC. 31505. NEW DEADLINE.

       If the Secretary determines that any deadline for issuing a 
     final rule under this Act cannot be met, the Secretary 
     shall--
       (1) provide the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives with an explanation 
     for why such deadline cannot be met; and
       (2) establish a new deadline for that rule.

 Subtitle F--Improved Daytime and Nighttime Visibility of Agricultural 
                               Equipment

     SEC. 31601. RULEMAKING ON VISIBILITY OF AGRICULTURAL 
                   EQUIPMENT.

       (a) Definitions.--In this section:
       (1) Agricultural equipment.--The term ``agricultural 
     equipment'' has the meaning given the term ``agricultural 
     field equipment'' in ASABE Standard 390.4, entitled 
     ``Definitions and Classifications of Agricultural Field 
     Equipment'', which was published in January 2005 by the 
     American Society of Agriculture and Biological Engineers, or 
     any successor standard.
       (2) Public road.--The term ``public road'' has the meaning 
     given the term in section 101(a)(27) of title 23, United 
     States Code.
       (b) Rulemaking.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Transportation, after 
     consultation with representatives of the American Society of 
     Agricultural and Biological Engineers and appropriate Federal 
     agencies, and with other appropriate persons, shall 
     promulgate a rule to improve the daytime and nighttime 
     visibility of agricultural equipment that may be operated on 
     a public road.
       (2) Minimum standards.--The rule promulgated pursuant to 
     this subsection shall--
       (A) establish minimum lighting and marking standards for 
     applicable agricultural equipment manufactured at least 1 
     year after the date on which such rule is promulgated; and
       (B) provide for the methods, materials, specifications, and 
     equipment to be employed to comply with such standards, which 
     shall be equivalent to ASABE Standard 279.14, entitled 
     ``Lighting and Marking of Agricultural Equipment on 
     Highways'', which was published in July 2008 by the American 
     Society of Agricultural and Biological Engineers, or any 
     successor standard.
       (c) Review.--Not less frequently than once every 5 years, 
     the Secretary of Transportation shall--
       (1) review the standards established pursuant to subsection 
     (b); and
       (2) revise such standards to reflect the revision of ASABE 
     Standard 279 that is in effect at the time of such review.
       (d) Limitations.--
       (1) Compliance with successor standards.--Any rule 
     promulgated pursuant to this section may not prohibit the 
     operation on public roads of agricultural equipment that is 
     equipped in accordance with any adopted revision of ASABE 
     Standard 279 that is later than the revision of such standard 
     that was referenced during the promulgation of the rule.
       (2) No retrofitting required.--Any rule promulgated 
     pursuant to this section may not require the retrofitting of 
     agricultural equipment that was manufactured before the date 
     on which the lighting and marking standards are enforceable 
     under subsection (b)(2)(A).
       (3) No effect on additional materials and equipment.--Any 
     rule promulgated pursuant to this section may not prohibit 
     the operation on public roads of agricultural equipment that 
     is equipped with materials or equipment that are in addition 
     to the minimum materials and equipment specified in the 
     standard upon which such rule is based.

   TITLE II--COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 2012

     SEC. 32001. SHORT TITLE.

       This title may be cited as the ``Commercial Motor Vehicle 
     Safety Enhancement Act of 2012''.

     SEC. 32002. REFERENCES TO TITLE 49, UNITED STATES CODE.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or a repeal of, a section or other provision, 
     the reference shall be considered to be made to a section or 
     other provision of title 49, United States Code.

           Subtitle A--Commercial Motor Vehicle Registration

     SEC. 32101. REGISTRATION OF MOTOR CARRIERS.

       (a) Registration Requirements.--Section 13902(a)(1) is 
     amended to read as follows:
       ``(1) In general.--Except as otherwise provided in this 
     section, the Secretary of Transportation may not register a 
     person to provide transportation subject to jurisdiction 
     under subchapter I of chapter 135 as a motor carrier unless 
     the Secretary determines that the person--
       ``(A) is willing and able to comply with--
       ``(i) this part and the applicable regulations of the 
     Secretary and the Board;
       ``(ii) any safety regulations imposed by the Secretary;

[[Page S1322]]

       ``(iii) the duties of employers and employees established 
     by the Secretary under section 31135;
       ``(iv) the safety fitness requirements established by the 
     Secretary under section 31144;
       ``(v) the accessibility requirements established by the 
     Secretary under subpart H of part 37 of title 49, Code of 
     Federal Regulations (or successor regulations), for 
     transportation provided by an over-the-road bus; and
       ``(vi) the minimum financial responsibility requirements 
     established by the Secretary under sections 13906, 31138, and 
     31139;
       ``(B) has submitted a comprehensive management plan 
     documenting that the person has management systems in place 
     to ensure compliance with safety regulations imposed by the 
     Secretary;
       ``(C) has disclosed any relationship involving common 
     ownership, common management, common control, or common 
     familial relationship between that person and any other motor 
     carrier, freight forwarder, or broker, or any other applicant 
     for motor carrier, freight forwarder, or broker registration, 
     or a successor (as that term is defined under section 31153), 
     if the relationship occurred in the 5-year period preceding 
     the date of the filing of the application for registration; 
     and
       ``(D) after the Secretary establishes a written proficiency 
     examination pursuant to section 32101(b) of the Commercial 
     Motor Vehicle Safety Enhancement Act of 2012, has passed the 
     written proficiency examination.''.
       (b) Written Proficiency Examination.--
       (1) Establishment.--Not later than 18 months after the date 
     of enactment of this Act, the Secretary shall establish a 
     written proficiency examination for applicant motor carriers 
     pursuant to section 13902(a)(1)(D) of title 49, United States 
     Code. The written proficiency examination shall test a 
     person's knowledge of applicable safety regulations, 
     standards, and orders of the Federal government and State 
     government.
       (2) Additional fee.--The Secretary may assess a fee to 
     cover the expenses incurred by the Department of 
     Transportation in--
       (A) developing and administering the written proficiency 
     examination; and
       (B) reviewing the comprehensive management plan required 
     under section 13902(a)(1)(B) of title 49, United States Code.
       (c) Conforming Amendment.--Section 210(b) of the Motor 
     Carrier Safety Improvement Act of 1999 (49 U.S.C. 31144 note) 
     is amended--
       (1) by inserting ``, commercial regulations, and provisions 
     of subpart H of part 37 of title 49, Code of Federal 
     Regulations, or successor regulations'' after ``applicable 
     safety regulations''; and
       (2) by striking ``consider the establishment of'' and 
     inserting ``establish''.

     SEC. 32102. SAFETY FITNESS OF NEW OPERATORS.

       (a) Safety Reviews of New Operators.--Section 31144(g)(1) 
     is amended to read as follows:
       ``(1) Safety review.--
       ``(A) In general.--The Secretary shall require, by 
     regulation, each owner and each operator granted new 
     registration under section 13902 or 31134 to undergo a safety 
     review not later than 12 months after the owner or operator, 
     as the case may be, begins operations under such 
     registration.
       ``(B) Providers of motorcoach services.--The Secretary may 
     register a person to provide motorcoach services under 
     section 13902 or 31134 after the person undergoes a pre-
     authorization safety audit, including verification, in a 
     manner sufficient to demonstrate the ability to comply with 
     Federal rules and regulations, as described in section 13902. 
     The Secretary shall continue to monitor the safety 
     performance of each owner and each operator subject to this 
     section for 12 months after the owner or operator is granted 
     registration under section 13902 or 31134. The registration 
     of each owner and each operator subject to this section shall 
     become permanent after the motorcoach service provider is 
     granted registration following a pre-authorization safety 
     audit and the expiration of the 12 month monitoring period.
       ``(C) Pre-authorization safety audit.--The Secretary may 
     require, by regulation, that the pre-authorization safety 
     audit under subparagraph (B) be completed on-site not later 
     than 90 days after the submission of an application for 
     operating authority.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect 1 year after the date of enactment of this 
     Act.

     SEC. 32103. REINCARNATED CARRIERS.

       (a) Effective Periods of Registration.--
       (1) Suspensions, amendments, and revocations.--Section 
     13905(d) is amended--
       (A) by redesignating paragraph (2) as paragraph (4);
       (B) by striking paragraph (1) and inserting the following:
       ``(1) Applications.--On application of the registrant, the 
     Secretary may amend or revoke a registration.
       ``(2) Complaints and actions on secretary's own 
     initiative.--On complaint or on the Secretary's own 
     initiative and after notice and an opportunity for a 
     proceeding, the Secretary may--
       ``(A) suspend, amend, or revoke any part of the 
     registration of a motor carrier, broker, or freight forwarder 
     for willful failure to comply with--
       ``(i) this part;
       ``(ii) an applicable regulation or order of the Secretary 
     or the Board, including the accessibility requirements 
     established by the Secretary under subpart H of part 37 of 
     title 49, Code of Federal Regulations (or successor 
     regulations), for transportation provided by an over-the-road 
     bus; or
       ``(iii) a condition of its registration;
       ``(B) withhold, suspend, amend, or revoke any part of the 
     registration of a motor carrier, broker, or freight forwarder 
     for failure--
       ``(i) to pay a civil penalty imposed under chapter 5, 51, 
     149, or 311;
       ``(ii) to arrange and abide by an acceptable payment plan 
     for such civil penalty, not later than 90 days after the date 
     specified by order of the Secretary for the payment of such 
     penalty; or
       ``(iii) for failure to obey a subpoena issued by the 
     Secretary;
       ``(C) withhold, suspend, amend, or revoke any part of a 
     registration of a motor carrier, broker, or freight forwarder 
     following a determination by the Secretary that the motor 
     carrier, broker, or freight forwarder failed to disclose, in 
     its application for registration, a material fact relevant to 
     its willingness and ability to comply with--
       ``(i) this part;
       ``(ii) an applicable regulation or order of the Secretary 
     or the Board; or
       ``(iii) a condition of its registration; or
       ``(D) withhold, suspend, amend, or revoke any part of a 
     registration of a motor carrier, broker, or freight forwarder 
     if the Secretary finds that--
       ``(i) the motor carrier, broker, or freight forwarder is or 
     was related through common ownership, common management, 
     common control, or common familial relationship to any other 
     motor carrier, broker, or freight forwarder, or any other 
     applicant for motor carrier, broker, or freight forwarder 
     registration that the Secretary determines is or was 
     unwilling or unable to comply with the relevant requirements 
     listed in section 13902, 13903, or 13904; or
       ``(ii) the person is the successor, as defined in section 
     31153, to a person who is or was unwilling or unable to 
     comply with the relevant requirements of section 13902, 
     13903, or 13904.
       ``(3) Limitation.--Paragraph (2)(B) shall not apply to a 
     person who is unable to pay a civil penalty because the 
     person is a debtor in a case under chapter 11 of title 11.''; 
     and
       (C) in paragraph (4), as redesignated by section 
     32103(a)(1)(A) of this Act, by striking ``paragraph (1)(B)'' 
     and inserting ``paragraph (2)(B)''.
       (2) Procedure.--Section 13905(e) is amended by inserting 
     ``or if the Secretary determines that the registrant failed 
     to disclose a material fact in an application for 
     registration in accordance with subsection (d)(2)(C),'' after 
     ``registrant,''.
       (b) Information Systems.--Section 31106(a)(3) is amended--
       (1) in subparagraph (F), by striking ``and'' at the end;
       (2) in subparagraph (G), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(H) determine whether a person or employer is or was 
     related, through common ownership, common management, common 
     control, or common familial relationship, to any other 
     person, employer, or any other applicant for registration 
     under section 13902 or 31134.''.

     SEC. 32104. FINANCIAL RESPONSIBILITY REQUIREMENTS.

       (a) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary shall--
       (1) issue a report on the appropriateness of--
       (A) the current minimum financial responsibility 
     requirements under sections 31138 and 31139 of title 49, 
     United States Code; and
       (B) the current bond and insurance requirements under 
     section 13904(f) of title 49, United States Code; and
       (2) submit the report issued under paragraph (1) to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.
       (b) Rulemaking.--Not later than 6 months after the 
     publication of the report under subsection (a), the Secretary 
     shall initiate a rulemaking--
       (1) to revise the minimum financial responsibility 
     requirements under sections 31138 and 31139 of title 49, 
     United States Code and
       (2) to revise the bond and insurance requirements under 
     section 13904(f) of such title, as appropriate, based on the 
     findings of the report submitted under subsection (a).
       (c) Deadline.--Not later than 1 year after the start of the 
     rulemaking under subsection (b), the Secretary shall--
       (1) issue a final rule; or
       (2) if the Secretary determines that a rulemaking is not 
     required following the Secretary's analysis, submit a report 
     stating the reason for not increasing the minimum financial 
     responsibility requirements to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives.
       (d) Biennial Reviews.--Not less than once every 2 years, 
     the Secretary shall review the requirements prescribed under 
     subsection (b) and revise the requirements, as appropriate.

     SEC. 32105. USDOT NUMBER REGISTRATION REQUIREMENT.

       (a) In General.--Chapter 311 is amended by inserting after 
     section 31133 the following:

[[Page S1323]]

     ``Sec.  31134. Requirement for registration and USDOT number

       ``(a) In General.--Upon application, and subject to 
     subsections (b) and (c), the Secretary shall register an 
     employer or person subject to the safety jurisdiction of this 
     subchapter. An employer or person may operate a commercial 
     motor vehicle in interstate commerce only if the employer or 
     person is registered by the Secretary under this section and 
     receives a USDOT number. Nothing in this section shall 
     preclude registration by the Secretary of an employer or 
     person not engaged in interstate commerce. An employer or 
     person subject to jurisdiction under subchapter I of chapter 
     135 of this title shall apply for commercial registration 
     under section 13902 of this title.
       ``(b) Withholding Registration.--The Secretary may withhold 
     registration under subsection (a), after notice and an 
     opportunity for a proceeding, if the Secretary determines 
     that--
       ``(1) the employer or person seeking registration is 
     unwilling or unable to comply with the requirements of this 
     subchapter and the regulations prescribed thereunder and 
     chapter 51 and the regulations prescribed thereunder;
       ``(2) the employer or person is or was related through 
     common ownership, common management, common control, or 
     common familial relationship to any other person or applicant 
     for registration subject to this subchapter who is or was 
     unfit, unwilling, or unable to comply with the requirements 
     listed in subsection (b)(1); or
       ``(3) the person is the successor, as defined in section 
     31153, to a person who is or was unfit, unwilling, or unable 
     to comply with the requirements listed in subsection (b)(1).
       ``(c) Revocation or Suspension of Registration.--The 
     Secretary shall revoke the registration of an employer or 
     person under subsection (a) after notice and an opportunity 
     for a proceeding, or suspend the registration after giving 
     notice of the suspension to the employer or person, if the 
     Secretary determines that--
       ``(1) the employer's or person's authority to operate 
     pursuant to chapter 139 of this title would be subject to 
     revocation or suspension under sections 13905(d)(1) or 
     13905(f) of this title;
       ``(2) the employer or person is or was related through 
     common ownership, common management, common control, or 
     common familial relationship to any other person or applicant 
     for registration subject to this subchapter that the 
     Secretary determines is or was unfit, unwilling, or unable to 
     comply with the requirements listed in subsection (b)(1);
       ``(3) the person is the successor, as defined in section 
     31153, to a person the Secretary determines is or was unfit, 
     unwilling, or unable to comply with the requirements listed 
     in subsection (b)(1); or
       ``(4) the employer or person failed or refused to submit to 
     the safety review required by section 31144(g) of this title.
       ``(d) Periodic Registration Update.--The Secretary may 
     require an employer to update a registration under this 
     section periodically or not later than 30 days after a change 
     in the employer's address, other contact information, 
     officers, process agent, or other essential information, as 
     determined by the Secretary.''.
       (b) Conforming Amendment.--The analysis of chapter 311 is 
     amended by inserting after the item relating to section 31133 
     the following:

``31134. Requirement for registration and USDOT number.''.

     SEC. 32106. REGISTRATION FEE SYSTEM.

       Section 13908(d)(1) is amended by striking ``but shall not 
     exceed $300''.

     SEC. 32107. REGISTRATION UPDATE.

       (a) Periodic Motor Carrier Update.--Section 13902 is 
     amended by adding at the end the following:
       ``(h) Update of Registration.--The Secretary may require a 
     registrant to update its registration under this section 
     periodically or not later than 30 days after a change in the 
     registrant's address, other contact information, officers, 
     process agent, or other essential information, as determined 
     by the Secretary.''.
       (b) Periodic Freight Forwarder Update.--Section 13903 is 
     amended by adding at the end the following:
       ``(c) Update of Registration.--The Secretary may require a 
     freight forwarder to update its registration under this 
     section periodically or not later than 30 days after a change 
     in the freight forwarder's address, other contact 
     information, officers, process agent, or other essential 
     information, as determined by the Secretary.''.
       (c) Periodic Broker Update.--Section 13904 is amended by 
     adding at the end the following:
       ``(e) Update of Registration.--The Secretary may require a 
     broker to update its registration under this section 
     periodically or not later than 30 days after a change in the 
     broker's address, other contact information, officers, 
     process agent, or other essential information, as determined 
     by the Secretary.''.

     SEC. 32108. INCREASED PENALTIES FOR OPERATING WITHOUT 
                   REGISTRATION.

       (a) Penalties.--Section 14901(a) is amended--
       (1) by striking ``$500'' and inserting ``$1,000'';
       (2) by striking ``who is not registered under this part to 
     provide transportation of passengers,'';
       (3) by striking ``with respect to providing transportation 
     of passengers,'' and inserting ``or section 13902(c) of this 
     title,''; and
       (4) by striking ``$2,000 for each violation and each 
     additional day the violation continues'' and inserting 
     ``$10,000 for each violation, or $25,000 for each violation 
     relating to providing transportation of passengers''.
       (b) Transportation of Hazardous Wastes.--Section 14901(b) 
     is amended by striking ``not to exceed $20,000'' and 
     inserting ``not less than $25,000''.

     SEC. 32109. REVOCATION OF REGISTRATION FOR IMMINENT HAZARD.

       Section 13905(f)(2) is amended to read as follows:
       ``(2) Imminent hazard to public health.--Notwithstanding 
     subchapter II of chapter 5 of title 5, the Secretary shall 
     revoke the registration of a motor carrier if the Secretary 
     finds that the carrier is or was conducting unsafe operations 
     that are or were an imminent hazard to public health or 
     property.''.

     SEC. 32110. REVOCATION OF REGISTRATION AND OTHER PENALTIES 
                   FOR FAILURE TO RESPOND TO SUBPOENA.

       Section 525 is amended--
       (1) by striking ``subpenas'' in the section heading and 
     inserting ``subpoenas'';
       (2) by striking ``subpena'' and inserting ``subpoena'';
       (3) by striking ``$100'' and inserting ``$1,000'';
       (4) by striking ``$5,000'' and inserting ``$10,000''; and
       (5) by adding at the end the following:
       ``The Secretary may withhold, suspend, amend, or revoke any 
     part of the registration of a person required to register 
     under chapter 139 for failing to obey a subpoena or 
     requirement of the Secretary under this chapter to appear and 
     testify or produce records.''.

     SEC. 32111. FLEETWIDE OUT OF SERVICE ORDER FOR OPERATING 
                   WITHOUT REQUIRED REGISTRATION.

       Section 13902(e)(1) is amended--
       (1) by striking ``motor vehicle'' and inserting ``motor 
     carrier'' after ``the Secretary determines that a''; and
       (2) by striking ``order the vehicle'' and inserting ``order 
     the motor carrier operations'' after ``the Secretary may''.

     SEC. 32112. MOTOR CARRIER AND OFFICER PATTERNS OF SAFETY 
                   VIOLATIONS.

       Section 31135 is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Noncompliance.--
       ``(1) Motor carriers.--Two or more motor carriers, 
     employers, or persons shall not use common ownership, common 
     management, common control, or common familial relationship 
     to enable any or all such motor carriers, employers, or 
     persons to avoid compliance, or mask or otherwise conceal 
     non-compliance, or a history of non-compliance, with 
     regulations prescribed under this subchapter or an order of 
     the Secretary issued under this subchapter.
       ``(2) Pattern.--If the Secretary finds that a motor 
     carrier, employer, or person engaged in a pattern or practice 
     of avoiding compliance, or masking or otherwise concealing 
     noncompliance, with regulations prescribed under this 
     subchapter, the Secretary--
       ``(A) may withhold, suspend, amend, or revoke any part of 
     the motor carrier's, employer's, or person's registration in 
     accordance with section 13905 or 31134; and
       ``(B) shall take into account such non-compliance for 
     purposes of determining civil penalty amounts under section 
     521(b)(2)(D).
       ``(3) Officers.--If the Secretary finds, after notice and 
     an opportunity for proceeding, that an officer of a motor 
     carrier, employer, or owner or operator engaged in a pattern 
     or practice of violating regulations prescribed under this 
     subchapter, or assisted a motor carrier, employer, or owner 
     or operator in avoiding compliance, or masking or otherwise 
     concealing noncompliance, the Secretary may impose 
     appropriate sanctions, subject to the limitations in 
     paragraph (4), including--
       ``(A) suspension or revocation of registration granted to 
     the officer individually under section 13902 or 31134;
       ``(B) temporary or permanent suspension or bar from 
     association with any motor carrier, employer, or owner or 
     operator registered under section 13902 or 31134; or
       ``(C) any appropriate sanction approved by the Secretary.
       ``(4) Limitations.--The sanctions described in 
     subparagraphs (A) through (C) of subsection (b)(3) shall 
     apply to--
       ``(A) intentional or knowing conduct, including reckless 
     conduct that violates applicable laws (including 
     regulations); and
       ``(B) repeated instances of negligent conduct that violates 
     applicable laws (including regulations).''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Avoiding Compliance.--For purposes of this section, 
     `avoiding compliance' or `masking or otherwise concealing 
     noncompliance' includes serving as an officer or otherwise 
     exercising controlling influence over 2 or more motor 
     carriers where--
       ``(1) one of the carriers was placed out of service, or 
     received notice from the Secretary that it will be placed out 
     of service, following--
       ``(A) a determination of unfitness under section 31144(b);
       ``(B) a suspension or revocation of registration under 
     section 13902, 13905, or 31144(g);

[[Page S1324]]

       ``(C) issuance of an imminent hazard out of service order 
     under section 521(b)(5) or section 5121(d); or
       ``(D) notice of failure to pay a civil penalty or abide by 
     a penalty payment plan; and
       ``(2) one or more of the carriers is the `successor,' as 
     that term is defined in section 31153, to the carrier that is 
     the subject of the action in paragraph (1).''.

     SEC. 32113. FEDERAL SUCCESSOR STANDARD.

       (a) In General.--Chapter 311 is amended by adding after 
     section 31152, as added by section 32508 of this Act, the 
     following:

     ``Sec.  31153. Federal successor standard

       ``(a) Federal Successor Standard.--Notwithstanding any 
     other provision of Federal or State law, the Secretary may 
     take an action authorized under chapters 5, 51, 131 through 
     149, subchapter III of chapter 311 (except sections 31138 and 
     31139), or sections 31302, 31303, 31304, 31305(b), 
     31310(g)(1)(A), or 31502 of this title, or a regulation 
     issued under any of those provisions, against a successor of 
     a motor carrier (as defined in section 13102), a successor of 
     an employer (as defined in section 31132), or a successor of 
     an owner or operator (as that term is used in subchapter III 
     of chapter 311), to the same extent and on the same basis as 
     the Secretary may take the action against the motor carrier, 
     employer, or owner or operator.
       ``(b) Successor Defined.--For purposes of this section, the 
     term `successor' means a motor carrier, employer, or owner or 
     operator that the Secretary determines, after notice and an 
     opportunity for a proceeding, has 1 or more features that 
     correspond closely with the features of another existing or 
     former motor carrier, employer, or owner or operator, such 
     as--
       ``(1) consideration paid for assets purchased or 
     transferred;
       ``(2) dates of corporate creation and dissolution or 
     termination of operations;
       ``(3) commonality of ownership;
       ``(4) commonality of officers and management personnel and 
     their functions;
       ``(5) commonality of drivers and other employees;
       ``(6) identity of physical or mailing addresses, telephone, 
     fax numbers, or e-mail addresses;
       ``(7) identity of motor vehicle equipment;
       ``(8) continuity of liability insurance policies;
       ``(9) commonality of coverage under liability insurance 
     policies;
       ``(10) continuation of carrier facilities and other 
     physical assets;
       ``(11) continuity of the nature and scope of operations, 
     including customers;
       ``(12) commonality of the nature and scope of operations, 
     including customers;
       ``(13) advertising, corporate name, or other acts through 
     which the motor carrier, employer, or owner or operator holds 
     itself out to the public;
       ``(14) history of safety violations and pending orders or 
     enforcement actions of the Secretary; and
       ``(15) additional factors that the Secretary considers 
     appropriate.
       ``(c) Effective Date.--Notwithstanding any other provision 
     of law, this section shall apply to any action commenced on 
     or after the date of enactment of the Commercial Motor 
     Vehicle Safety Enhancement Act of 2012 without regard to 
     whether the violation that is the subject of the action, or 
     the conduct that caused the violation, occurred before the 
     date of enactment.
       ``(d) Rights Not Affected.--Nothing in this section shall 
     affect the rights, functions, or responsibilities under law 
     of any other Department, Agency, or instrumentality of the 
     United States, the laws of any State, or any rights between a 
     private party and a motor carrier, employer, or owner or 
     operator.''.
       (b) Conforming Amendment.--The analysis of chapter 311 is 
     amended by inserting after the item related to section 31152, 
     as added by section 32508 of this Act, the following:

``31153. Federal successor standard.''.

              Subtitle B--Commercial Motor Vehicle Safety

     SEC. 32201. REPEAL OF COMMERCIAL JURISDICTION EXCEPTION FOR 
                   BROKERS OF MOTOR CARRIERS OF PASSENGERS.

       (a) In General.--Section 13506(a) is amended--
       (1) by inserting ``or'' at the end of paragraph (13);
       (2) by striking paragraph (14); and
       (3) by redesignating paragraph (15) as paragraph (14).
       (b) Conforming Amendment.--Section 13904(a) is amended by 
     striking ``of property'' in the first sentence.

     SEC. 32202. BUS RENTALS AND DEFINITION OF EMPLOYER.

       Paragraph (3) of section 31132 is amended to read as 
     follows:
       ``(3) `employer'--
       ``(A) means a person engaged in a business affecting 
     interstate commerce that--
       ``(i) owns or leases a commercial motor vehicle in 
     connection with that business, or assigns an employee to 
     operate the commercial motor vehicle; or
       ``(ii) offers for rent or lease a motor vehicle designed or 
     used to transport more than 8 passengers, including the 
     driver, and from the same location or as part of the same 
     business provides names or contact information of drivers, or 
     holds itself out to the public as a charter bus company; but
       ``(B) does not include the Government, a State, or a 
     political subdivision of a State.''.

     SEC. 32203. CRASHWORTHINESS STANDARDS.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall conduct a 
     comprehensive analysis on the need for crashworthiness 
     standards on property-carrying commercial motor vehicles with 
     a gross vehicle weight rating or gross vehicle weight of at 
     least 26,001 pounds involved in interstate commerce, 
     including an evaluation of the need for roof strength, pillar 
     strength, air bags, and frontal and back wall standards.
       (b) Report.--Not later than 90 days after completing the 
     comprehensive analysis under subsection (a), the Secretary 
     shall report the results of the analysis and any 
     recommendations to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.

     SEC. 32204. CANADIAN SAFETY RATING RECIPROCITY.

       Section 31144 is amended by adding at the end the 
     following:
       ``(h) Recognition of Canadian Motor Carrier Safety Fitness 
     Determinations.--
       ``(1) If an authorized agency of the Canadian federal 
     government or a Canadian Territorial or Provincial government 
     determines, by applying the procedure and standards 
     prescribed by the Secretary under subsection (b) or pursuant 
     to an agreement under paragraph (2), that a Canadian employer 
     is unfit and prohibits the employer from operating a 
     commercial motor vehicle in Canada or any Canadian Province, 
     the Secretary may prohibit the employer from operating such 
     vehicle in interstate and foreign commerce until the 
     authorized Canadian agency determines that the employer is 
     fit.
       ``(2) The Secretary may consult and participate in 
     negotiations with authorized officials of the Canadian 
     federal government or a Canadian Territorial or Provincial 
     government, as necessary, to provide reciprocal recognition 
     of each country's motor carrier safety fitness 
     determinations. An agreement shall provide, to the maximum 
     extent practicable, that each country will follow the 
     procedure and standards prescribed by the Secretary under 
     subsection (b) in making motor carrier safety fitness 
     determinations.''.

     SEC. 32205. STATE REPORTING OF FOREIGN COMMERCIAL DRIVER 
                   CONVICTIONS.

       (a) Definition of Foreign Commercial Driver.--Section 31301 
     is amended--
       (1) by redesignating paragraphs (10) through (14) as 
     paragraphs (11) through (15), respectively; and
       (2) by inserting after paragraph (9) the following:
       ``(10) `foreign commercial driver' means an individual 
     licensed to operate a commercial motor vehicle by an 
     authority outside the United States, or a citizen of a 
     foreign country who operates a commercial motor vehicle in 
     the United States.''.
       (b) State Reporting of Convictions.--Section 31311(a) is 
     amended by adding after paragraph (21) the following:
       ``(22) The State shall report a conviction of a foreign 
     commercial driver by that State to the Federal Convictions 
     and Withdrawal Database, or another information system 
     designated by the Secretary to record the convictions. A 
     report shall include--
       ``(A) for a driver holding a foreign commercial driver's 
     license--
       ``(i) each conviction relating to the operation of a 
     commercial motor vehicle; and
       ``(ii) a non-commercial motor vehicle; and
       ``(B) for an unlicensed driver or a driver holding a 
     foreign non-commercial driver's license, each conviction for 
     operating a commercial motor vehicle.''.

     SEC. 32206. AUTHORITY TO DISQUALIFY FOREIGN COMMERCIAL 
                   DRIVERS.

       Section 31310 is amended by adding at the end the 
     following:
       ``(k) Foreign Commercial Drivers.--A foreign commercial 
     driver shall be subject to disqualification under this 
     section.''.

     SEC. 32207. REVOCATION OF FOREIGN MOTOR CARRIER OPERATING 
                   AUTHORITY FOR FAILURE TO PAY CIVIL PENALTIES.

       Section 13905(d)(2), as amended by section 32103(a) of this 
     Act, is amended by inserting ``foreign motor carrier, foreign 
     motor private carrier,'' after ``registration of a motor 
     carrier,'' each place it appears.

                       Subtitle C--Driver Safety

     SEC. 32301. ELECTRONIC ON-BOARD RECORDING DEVICES.

       (a) General Authority.--Section 31137 is amended--
       (1) by amending the section heading to read as follows:

     ``Sec.  31137. Electronic on-board recording devices and 
       brake maintenance regulations'';

       (2) by redesignating subsection (b) as subsection (e); and
       (3) by amending (a) to read as follows:
       ``(a) Electronic On-Board Recording Devices.--Not later 
     than 1 year after the date of enactment of the Commercial 
     Motor Vehicle Safety Enhancement Act of 2012, the Secretary 
     of Transportation shall prescribe regulations--
       ``(1) requiring a commercial motor vehicle involved in 
     interstate commerce and operated by a driver subject to the 
     hours of service and the record of duty status requirements 
     under part 395 of title 49, Code of Federal Regulations, be 
     equipped with an electronic on-board recording device to 
     improve compliance by an operator of a vehicle with hours of 
     service regulations prescribed by the Secretary; and

[[Page S1325]]

       ``(2) ensuring that an electronic on-board recording device 
     is not used to harass a vehicle operator.
       ``(b) Electronic On-Board Recording Device Requirements.--
       ``(1) In general.--The regulations prescribed under 
     subsection (a) shall--
       ``(A) require an electronic on-board recording device--
       ``(i) to accurately record commercial driver hours of 
     service;
       ``(ii) to record the location of a commercial motor 
     vehicle;
       ``(iii) to be tamper resistant; and
       ``(iv) to be integrally synchronized with an engine's 
     control module;
       ``(B) allow law enforcement to access the data contained in 
     the device during a roadside inspection; and
       ``(C) apply to a commercial motor vehicle beginning on the 
     date that is 2 years after the date that the regulations are 
     published as a final rule.
       ``(2) Performance and design standards.--The regulations 
     prescribed under subsection (a) shall establish performance 
     standards--
       ``(A) defining a standardized user interface to aid vehicle 
     operator compliance and law enforcement review;
       ``(B) establishing a secure process for standardized--
       ``(i) and unique vehicle operator identification;
       ``(ii) data access;
       ``(iii) data transfer for vehicle operators between motor 
     vehicles;
       ``(iv) data storage for a motor carrier; and
       ``(v) data transfer and transportability for law 
     enforcement officials;
       ``(C) establishing a standard security level for an 
     electronic on-board recording device and related components 
     to be tamper resistant by using a methodology endorsed by a 
     nationally recognized standards organization; and
       ``(D) identifying each driver subject to the hours of 
     service and record of duty status requirements under part 395 
     of title 49, Code of Federal Regulations.
       ``(c) Certification Criteria.--
       ``(1) In general.--The regulations prescribed by the 
     Secretary under this section shall establish the criteria and 
     a process for the certification of an electronic on-board 
     recording device to ensure that the device meets the 
     performance requirements under this section.
       ``(2) Effect of noncertification.--An electronic on-board 
     recording device that is not certified in accordance with the 
     certification process referred to in paragraph (1) shall not 
     be acceptable evidence of hours of service and record of duty 
     status requirements under part 395 of title 49, Code of 
     Federal Regulations.
       ``(d) Electronic On-Board Recording Device Defined.--In 
     this section, the term `electronic on-board recording device' 
     means an electronic device that--
       ``(1) is capable of recording a driver's hours of service 
     and duty status accurately and automatically; and
       ``(2) meets the requirements established by the Secretary 
     through regulation.''.
       (b) Civil Penalties.--Section 30165(a)(1) is amended by 
     striking ``or 30141 through 30147'' and inserting ``30141 
     through 30147, or 31137''.
       (c) Conforming Amendment.--The analysis for chapter 311 is 
     amended by striking the item relating to section 31137 and 
     inserting the following:

``31137. Electronic on-board recording devices and brake maintenance 
              regulations.''.

     SEC. 32302. SAFETY FITNESS.

       (a) Safety Fitness Rating Methodology.--The Secretary 
     shall--
       (1) incorporate into its Compliance, Safety, Accountability 
     program a safety fitness rating methodology that assigns 
     sufficient weight to adverse vehicle and driver performance 
     based-data that elevate crash risks to warrant an 
     unsatisfactory rating for a carrier; and
       (2) ensure that the data to support such assessments is 
     accurate.
       (b) Interim Measures.--Not later than March 31, 2012, the 
     Secretary shall take interim measures to implement a similar 
     safety fitness rating methodology in its current safety 
     rating system if the Compliance, Safety, Accountability 
     program is not fully implemented.

     SEC. 32303. DRIVER MEDICAL QUALIFICATIONS.

       (a) Deadline for Establishment of National Registry of 
     Medical Examiners.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish a 
     national registry of medical examiners in accordance with 
     section 31149(d)(1) of title 49, United States Code.
       (b) Examination Requirement for National Registry of 
     Medical Examiners.--Section 31149(c)(1)(D) is amended to read 
     as follows:
       ``(D) not later than 1 year after enactment of the 
     Commercial Motor Vehicle Safety Enhancement Act of 2012, 
     develop requirements for a medical examiner to be listed in 
     the national registry under this section, including--
       ``(i) the completion of specific courses and materials;
       ``(ii) certification, including self-certification, if the 
     Secretary determines that self-certification is necessary for 
     sufficient participation in the national registry, to verify 
     that a medical examiner completed specific training, 
     including refresher courses, that the Secretary determines 
     necessary to be listed in the national registry;
       ``(iii) an examination that requires a passing grade; and
       ``(iv) demonstration of a medical examiner's willingness to 
     meet the reporting requirements established by the 
     Secretary;''.
       (c) Additional Oversight of Licensing Authorities.--
       (1) In general.--Section 31149(c)(1) is amended--
       (A) in subparagraph (E), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(G) annually review the implementation of commercial 
     driver's license requirements by not fewer than 10 States to 
     assess the accuracy, validity, and timeliness of--
       ``(i) the submission of physical examination reports and 
     medical certificates to State licensing agencies; and
       ``(ii) the processing of the submissions by State licensing 
     agencies.''.
       (2) Internal oversight policy.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall establish an 
     oversight policy and procedure to carry out section 
     31149(c)(1)(G) of title 49, United States Code, as added by 
     section 32303(c)(1) of this Act.
       (B) Effective date.--The amendments made by section 
     32303(c)(1) of this Act shall take effect on the date the 
     oversight policies and procedures are established pursuant to 
     subparagraph (A).
       (d) Electronic Filing of Medical Examination 
     Certificates.--Section 31311(a), as amended by sections 
     32205(b) and 32306(b) of this Act, is amended by adding at 
     the end the following:
       ``(24) Not later than 1 year after the date of enactment of 
     the Commercial Motor Vehicle Safety Enhancement Act of 2012, 
     the State shall establish and maintain, as part of its driver 
     information system, the capability to receive an electronic 
     copy of a medical examiner's certificate, from a certified 
     medical examiner, for each holder of a commercial driver's 
     license issued by the State who operates or intends to 
     operate in interstate commerce.''.
       (e) Funding.--
       (1) Authorization of appropriations.--Of the funds provided 
     for Data and Technology Grants under section 31104(a) of 
     title 49, United States Code, there are authorized to be 
     appropriated from the Highway Trust Fund (other than the Mass 
     Transit Account) for the Secretary to make grants to States 
     or an organization representing agencies and officials of the 
     States to support development costs of the information 
     technology needed to carry out section 31311(a)(24) of title 
     49, United States Code, up to $1 million for fiscal year 2012 
     and up to $1 million for fiscal year 2013.
       (2) Period of availability.--The amounts made available 
     under this subsection shall remain available until expended.

     SEC. 32304. COMMERCIAL DRIVER'S LICENSE NOTIFICATION SYSTEM.

       (a) In General.--Section 31304 is amended--
       (1) by striking ``An employer'' and inserting the 
     following:
       ``(a) In General.--An employer''; and
       (2) by adding at the end the following:
       ``(b) Driver Violation Records.--
       ``(1) Periodic review.--Except as provided in paragraph 
     (3), an employer shall ascertain the driving record of each 
     driver it employs--
       ``(A) by making an inquiry at least once every 12 months to 
     the appropriate State agency in which the driver held or 
     holds a commercial driver's license or permit during such 
     time period;
       ``(B) by receiving occurrence-based reports of changes in 
     the status of a driver's record from 1 or more driver record 
     notification systems that meet minimum standards issued by 
     the Secretary; or
       ``(C) by a combination of inquiries to States and reports 
     from driver record notification systems.
       ``(2) Record keeping.--A copy of the reports received under 
     paragraph (1) shall be maintained in the driver's 
     qualification file.
       ``(3) Exceptions to record review requirement.--Paragraph 
     (1) shall not apply to a driver employed by an employer who, 
     in any 7-day period, is employed or used as a driver by more 
     than 1 employer--
       ``(A) if the employer obtains the driver's identification 
     number, type, and issuing State of the driver's commercial 
     motor vehicle license; or
       ``(B) if the information described in subparagraph (A) is 
     furnished by another employer and the employer that regularly 
     employs the driver meets the other requirements under this 
     section.
       ``(4) Driver record notification system defined.--In this 
     section, the term `driver record notification system' means a 
     system that automatically furnishes an employer with a 
     report, generated by the appropriate agency of a State, on 
     the change in the status of an employee's driver's license 
     due to a conviction for a moving violation, a failure to 
     appear, an accident, driver's license suspension, driver's 
     license revocation, or any other action taken against the 
     driving privilege.''.
       (b) Standards for Driver Record Notification Systems.--Not 
     later than 1 year after the date of enactment of this Act, 
     the Secretary shall issue minimum standards for driver 
     notification systems, including standards for the accuracy, 
     consistency, and completeness of the information provided.

[[Page S1326]]

       (c) Plan for National Notification System.--
       (1) Development.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall develop 
     recommendations and a plan for the development and 
     implementation of a national driver record notification 
     system, including--
       (A) an assessment of the merits of achieving a national 
     system by expanding the Commercial Driver's License 
     Information System; and
       (B) an estimate of the fees that an employer will be 
     charged to offset the operating costs of the national system.
       (2) Submission to congress.--Not later than 90 days after 
     the recommendations and plan are developed under paragraph 
     (1), the Secretary shall submit a report on the 
     recommendations and plan to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives.

     SEC. 32305. COMMERCIAL MOTOR VEHICLE OPERATOR TRAINING.

       (a) In General.--Section 31305 is amended by adding at the 
     end the following:
       ``(c) Standards for Training.--Not later than 6 months 
     after the date of enactment of the Commercial Motor Vehicle 
     Safety Enhancement Act of 2012, the Secretary shall issue 
     final regulations establishing minimum entry-level training 
     requirements for an individual operating a commercial motor 
     vehicle--
       ``(1) addressing the knowledge and skills that--
       ``(A) are necessary for an individual operating a 
     commercial motor vehicle to safely operate a commercial motor 
     vehicle; and
       ``(B) must be acquired before obtaining a commercial 
     driver's license for the first time or upgrading from one 
     class of commercial driver's license to another class;
       ``(2) addressing the specific training needs of a 
     commercial motor vehicle operator seeking passenger or 
     hazardous materials endorsements, including for an operator 
     seeking a passenger endorsement training--
       ``(A) to suppress motorcoach fires; and
       ``(B) to evacuate passengers from motorcoaches safely;
       ``(3) requiring effective instruction to acquire the 
     knowledge, skills, and training referred to in paragraphs (1) 
     and (2), including classroom and behind-the-wheel 
     instruction;
       ``(4) requiring certification that an individual operating 
     a commercial motor vehicle meets the requirements established 
     by the Secretary; and
       ``(5) requiring a training provider (including a public or 
     private driving school, motor carrier, or owner or operator 
     of a commercial motor vehicle) that offers training that 
     results in the issuance of a certification to an individual 
     under paragraph (4) to demonstrate that the training meets 
     the requirements of the regulations, through a process 
     established by the Secretary.''.
       (b) Commercial Driver's License Uniform Standards.--Section 
     31308(1) is amended to read as follows:
       ``(1) an individual issued a commercial driver's license--
       ``(A) pass written and driving tests for the operation of a 
     commercial motor vehicle that comply with the minimum 
     standards prescribed by the Secretary under section 31305(a); 
     and
       ``(B) present certification of completion of driver 
     training that meets the requirements established by the 
     Secretary under section 31305(c);''.
       (c) Conforming Amendment.--The section heading for section 
     31305 is amended to read as follows:

     ``Sec.  31305. General driver fitness, testing, and 
       training''.

       (d) Conforming Amendment.--The analysis for chapter 313 is 
     amended by striking the item relating to section 31305 and 
     inserting the following:

``31305. General driver fitness, testing, and training.''.

     SEC. 32306. COMMERCIAL DRIVER'S LICENSE PROGRAM.

       (a) In General.--Section 31309 is amended--
       (1) in subsection (e)(4), by amending subparagraph (A) to 
     read as follows:
       ``(A) In general.--The plan shall specify--
       ``(i) a date by which all States shall be operating 
     commercial driver's license information systems that are 
     compatible with the modernized information system under this 
     section; and
       ``(ii) that States must use the systems to receive and 
     submit conviction and disqualification data.''; and
       (2) in subsection (f), by striking ``use'' and inserting 
     ``use, subject to section 31313(a),''.
       (b) Requirements for State Participation.--Section 31311 is 
     amended--
       (1) in subsection (a), as amended by section 32205(b) of 
     this Act--
       (A) in paragraph (5), by striking ``At least'' and all that 
     follows through ``regulation),'' and inserting: ``Not later 
     than the time period prescribed by the Secretary by 
     regulation,''; and
       (B) by adding at the end the following:
       ``(23) Not later than 1 year after the date of enactment of 
     the Commercial Motor Vehicle Safety Enhancement Act of 2012, 
     the State shall implement a system and practices for the 
     exclusive electronic exchange of driver history record 
     information on the system the Secretary maintains under 
     section 31309, including the posting of convictions, 
     withdrawals, and disqualifications.''; and
       (2) by adding at the end the following:
       ``(d) Critical Requirements.--
       ``(1) Identification of critical requirements.--After 
     reviewing the requirements under subsection (a), including 
     the regulations issued pursuant to subsection (a) and section 
     31309(e)(4), the Secretary shall identify the requirements 
     that are critical to an effective State commercial driver's 
     license program.
       ``(2) Guidance.--Not later than 180 days after the date of 
     enactment of the Commercial Motor Vehicle Safety Enhancement 
     Act of 2012, the Secretary shall issue guidance to assist 
     States in complying with the critical requirements identified 
     under paragraph (1). The guidance shall include a description 
     of the actions that each State must take to collect and share 
     accurate and complete data in a timely manner.
       ``(e) State Commercial Driver's License Program Plan.--
       ``(1) In general.--Not later than 180 days after the 
     Secretary issues guidance under subsection (d)(2), a State 
     shall submit a plan to the Secretary for complying with the 
     requirements under this section during the period beginning 
     on the date the plan is submitted and ending on September 30, 
     2016.
       ``(2) Contents.--A plan submitted by a State under 
     paragraph (1) shall identify--
       ``(A) the actions that the State will take to comply with 
     the critical requirements identified under subsection (d)(1);
       ``(B) the actions that the State will take to address any 
     deficiencies in the State's commercial driver's license 
     program, as identified by the Secretary in the most recent 
     audit of the program; and
       ``(C) other actions that the State will take to comply with 
     the requirements under subsection (a).
       ``(3) Priority.--
       ``(A) Implementation schedule.--A plan submitted by a State 
     under paragraph (1) shall include a schedule for the 
     implementation of the actions identified under paragraph (2). 
     In establishing the schedule, the State shall prioritize the 
     actions identified under paragraphs (2)(A) and (2)(B).
       ``(B) Deadline for compliance with critical requirements.--
     A plan submitted by a State under paragraph (1) shall include 
     assurances that the State will take the necessary actions to 
     comply with the critical requirements pursuant to subsection 
     (d) not later than September 30, 2015.
       ``(4) Approval and disapproval.--The Secretary shall--
       ``(A) review each plan submitted under paragraph (1);
       ``(B) approve a plan that the Secretary determines meets 
     the requirements under this subsection and promotes the goals 
     of this chapter; and
       ``(C) disapprove a plan that the Secretary determines does 
     not meet the requirements or does not promote the goals.
       ``(5) Modification of disapproved plans.--If the Secretary 
     disapproves a plan under paragraph (4)(C), the Secretary 
     shall--
       ``(A) provide a written explanation of the disapproval to 
     the State; and
       ``(B) allow the State to modify the plan and resubmit it 
     for approval.
       ``(6) Plan updates.--The Secretary may require a State to 
     review and update a plan, as appropriate.
       ``(f) Annual Comparison of State Levels of Compliance.--The 
     Secretary shall annually--
       ``(1) compare the relative levels of compliance by States 
     with the requirements under subsection (a); and
       ``(2) make the results of the comparison available to the 
     public.''.
       (c) Decertification Authority.--Section 31312 is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) by inserting after subsection (a) the following:
       ``(b) Deadline for Compliance With Critical Requirements.--
     Beginning on October 1, 2016, in making a determination under 
     subsection (a), the Secretary shall consider a State to be in 
     substantial noncompliance with this chapter if the Secretary 
     determines that--
       ``(1) the State is not complying with a critical 
     requirement under section 31311(d)(1); and
       ``(2) sufficient grant funding was made available to the 
     State under section 31313(a) to comply with the 
     requirement.''.

     SEC. 32307. COMMERCIAL DRIVER'S LICENSE REQUIREMENTS.

       (a) Licensing Standards.--Section 31305(a)(7) is amended by 
     inserting ``would not be subject to a disqualification under 
     section 31310(g) of this title and'' after ``taking the 
     tests''.
       (b) Disqualifications.--Section 31310(g)(1) is amended by 
     deleting ``who holds a commercial driver's license and''.

     SEC. 32308. COMMERCIAL MOTOR VEHICLE DRIVER INFORMATION 
                   SYSTEMS.

       Section 31106(c) is amended--
       (1) by striking the subsection heading and inserting ``(1) 
     In general.--'';
       (2) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D); and
       (3) by adding at the end the following:
       ``(2) Access to records.--The Secretary may require a 
     State, as a condition of an award of grant money under this 
     section, to provide the Secretary access to all State 
     licensing status and driver history records via an electronic 
     information system, subject to section 2721 of title 18.''.

[[Page S1327]]

     SEC. 32309. DISQUALIFICATIONS BASED ON NON-COMMERCIAL MOTOR 
                   VEHICLE OPERATIONS.

       (a) First Offense.--Section 31310(b)(1)(D) is amended by 
     deleting ``commercial'' after ``revoked, suspended, or 
     canceled based on the individual's operation of a,'' and 
     before ``motor vehicle''.
       (b) Second Offense.--Section 31310(c)(1)(D) is amended by 
     deleting ``commercial'' after ``revoked, suspended, or 
     canceled based on the individual's operation of a,'' and 
     before ``motor vehicle''.

     SEC. 32310. FEDERAL DRIVER DISQUALIFICATIONS.

       (a) Disqualification Defined.--Section 31301, as amended by 
     section 32205 of this Act, is amended--
       (1) by redesignating paragraphs (6) through (15) as 
     paragraphs (7) through (16), respectively; and
       (2) by inserting after paragraph (5) the following:
       ``(6) `Disqualification' means--
       ``(A) the suspension, revocation, or cancellation of a 
     commercial driver's license by the State of issuance;
       ``(B) a withdrawal of an individual's privilege to drive a 
     commercial motor vehicle by a State or other jurisdiction as 
     the result of a violation of State or local law relating to 
     motor vehicle traffic control, except for a parking, vehicle 
     weight, or vehicle defect violation;
       ``(C) a determination by the Secretary that an individual 
     is not qualified to operate a commercial motor vehicle; or
       ``(D) a determination by the Secretary that a commercial 
     motor vehicle driver is unfit under section 31144(g).''.
       (b) Commercial Driver's License Information System 
     Contents.--Section 31309(b)(1)(F) is amended by inserting 
     after ``disqualified'' the following: ``by the State that 
     issued the individual a commercial driver's license, or by 
     the Secretary,''.
       (c) State Action on Federal Disqualification.--Section 
     31310(h) is amended by inserting after the first sentence the 
     following:
       ``If the State has not disqualified the individual from 
     operating a commercial vehicle under subsections (b) through 
     (g), the State shall disqualify the individual if the 
     Secretary determines under section 31144(g) that the 
     individual is disqualified from operating a commercial motor 
     vehicle.''.

     SEC. 32311. EMPLOYER RESPONSIBILITIES.

       Section 31304, as amended by section 32304 of this Act, is 
     amended in subsection (a)--
       (1) by striking ``knowingly''; and
       (2) by striking ``in which'' and inserting ``that the 
     employer knows or should reasonably know that''.

     SEC. 32312. IMPROVING AND EXPEDITING SAFETY ASSESSMENTS IN 
                   THE COMMERCIAL DRIVER'S LICENSE APPLICATION 
                   PROCESS FOR MEMBERS AND FORMER MEMBERS OF THE 
                   ARMED FORCES.

       (a) Study.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the Secretary of Defense, and in consultation with the 
     States and other relevant stakeholders, shall commence a 
     study to assess Federal and State regulatory, economic, and 
     administrative challenges faced by members and former members 
     of the Armed Forces, who received safety training and 
     operated qualifying motor vehicles during their service, in 
     obtaining commercial driver's licenses (as defined in section 
     31301(3) of title 49, United States Code).
       (2) Requirements.--The study under this subsection shall--
       (A) identify written and behind-the-wheel safety training, 
     qualification standards, knowledge and skills tests, or other 
     operating experience members of the Armed Forces must meet 
     that satisfy the minimum standards prescribed by the 
     Secretary of Transportation for the operation of commercial 
     motor vehicles under section 31305 of title 49, United States 
     Code;
       (B) compare the alcohol and controlled substances testing 
     requirements for members of the Armed Forces with those 
     required for holders of a commercial driver's license;
       (C) evaluate the cause of delays in reviewing applications 
     for commercial driver's licenses of members and former 
     members of the Armed Forces;
       (D) identify duplicative application costs;
       (E) identify residency, domicile, training and testing 
     requirements, and other safety or health assessments that 
     affect or delay the issuance of commercial driver's licenses 
     to members and former members of the Armed Forces; and
       (F) include other factors that the Secretary determines to 
     be appropriate to meet the requirements of the study.
       (b) Report.--
       (1) In general.--Not later than 180 days after the 
     commencement of the study under subsection (a), the Secretary 
     shall submit a report to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Financial Services of the House of Representatives that 
     contains the findings and recommendations from the study.
       (2) Elements.--The report under paragraph (1) shall 
     include--
       (A) findings related to the study requirements under 
     subsection (a)(2);
       (B) recommendations for the Federal and State legislative, 
     regulatory, and administrative actions necessary to address 
     challenges identified in subparagraph (A); and
       (C) a plan to implement the recommendations for which the 
     Secretary has authority.
       (c) Implementation.--Upon the completion of the report 
     under subsection (b), the Secretary shall implement the plan 
     described in subsection (b)(2)(C).

                   Subtitle D--Safe Roads Act of 2012

     SEC. 32401. SHORT TITLE.

       This subtitle may be cited as the ``Safe Roads Act of 
     2012''.

     SEC. 32402. NATIONAL CLEARINGHOUSE FOR CONTROLLED SUBSTANCE 
                   AND ALCOHOL TEST RESULTS OF COMMERCIAL MOTOR 
                   VEHICLE OPERATORS.

       (a) In General.--Chapter 313 is amended--
       (1) in section 31306(a), by inserting ``and section 
     31306a'' after ``this section''; and
       (2) by inserting after section 31306 the following:

     ``Sec.  31306a. National clearinghouse for controlled 
       substance and alcohol test results of commercial motor 
       vehicle operators

       ``(a) Establishment.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of the Safe Roads Act of 2012, the Secretary of 
     Transportation shall establish a national clearinghouse for 
     records relating to alcohol and controlled substances testing 
     of commercial motor vehicle operators.
       ``(2) Purposes.--The purposes of the clearinghouse shall 
     be--
       ``(A) to improve compliance with the Department of 
     Transportation's alcohol and controlled substances testing 
     program applicable to commercial motor vehicle operators;
       ``(B) to facilitate access to information about an 
     individual before employing the individual as a commercial 
     motor vehicle operator;
       ``(C) to enhance the safety of our United States roadways 
     by reducing accident fatalities involving commercial motor 
     vehicles; and
       ``(D) to reduce the number of impaired commercial motor 
     vehicle operators.
       ``(3) Contents.--The clearinghouse shall function as a 
     repository for records relating to the positive test results 
     and test refusals of commercial motor vehicle operators and 
     violations by such operators of prohibitions set forth in 
     subpart B of part 382 of title 49, Code of Federal 
     Regulations (or any subsequent corresponding regulations).
       ``(4) Electronic exchange of records.--The Secretary shall 
     ensure that records can be electronically submitted to, and 
     requested from, the clearinghouse by authorized users.
       ``(5) Authorized operator.--The Secretary may authorize a 
     qualified and experienced private entity to operate and 
     maintain the clearinghouse and to collect fees on behalf of 
     the Secretary under subsection (e). The entity shall 
     establish, operate, maintain and expand the clearinghouse and 
     permit access to driver information and records from the 
     clearinghouse in accordance with this section.
       ``(b) Design of Clearinghouse.--
       ``(1) Use of federal motor carrier safety administration 
     recommendations.--In establishing the clearinghouse, the 
     Secretary shall consider--
       ``(A) the findings and recommendations contained in the 
     Federal Motor Carrier Safety Administration's March 2004 
     report to Congress required under section 226 of the Motor 
     Carrier Safety Improvement Act of 1999 (49 U.S.C. 31306 
     note); and
       ``(B) the findings and recommendations contained in the 
     Government Accountability Office's May 2008 report to 
     Congress entitled `Motor Carrier Safety: Improvements to Drug 
     Testing Programs Could Better Identify Illegal Drug Users and 
     Keep Them off the Road.'.
       ``(2) Development of secure processes.--In establishing the 
     clearinghouse, the Secretary shall develop a secure process 
     for--
       ``(A) administering and managing the clearinghouse in 
     compliance with applicable Federal security standards;
       ``(B) registering and authenticating authorized users of 
     the clearinghouse;
       ``(C) registering and authenticating persons required to 
     report to the clearinghouse under subsection (g);
       ``(D) preventing the unauthorized access of information 
     from the clearinghouse;
       ``(E) storing and transmitting data;
       ``(F) persons required to report to the clearinghouse under 
     subsection (g) to timely and accurately submit electronic 
     data to the clearinghouse;
       ``(G) generating timely and accurate reports from the 
     clearinghouse in response to requests for information by 
     authorized users; and
       ``(H) updating an individual's record upon completion of 
     the return-to-duty process described in title 49, Code of 
     Federal Regulations.
       ``(3) Employer alert of positive test result.--In 
     establishing the clearinghouse, the Secretary shall develop a 
     secure method for electronically notifying an employer of 
     each additional positive test result or other noncompliance--
       ``(A) for an employee, that is entered into the 
     clearinghouse during the 7-day period immediately following 
     an employer's inquiry about the employee; and
       ``(B) for an employee who is listed as having multiple 
     employers.
       ``(4) Archive capability.--In establishing the 
     clearinghouse, the Secretary shall develop a process for 
     archiving all clearinghouse records, including the depositing 
     of personal records, records relating to each individual in 
     the database, and access requests for personal records, for 
     the purposes of--

[[Page S1328]]

       ``(A) auditing and evaluating the timeliness, accuracy, and 
     completeness of data in the clearinghouse; and
       ``(B) auditing to monitor compliance and enforce penalties 
     for noncompliance.
       ``(5) Future needs.--
       ``(A) Interoperability with other data systems.--In 
     establishing the clearinghouse, the Secretary shall 
     consider--
       ``(i) the existing data systems containing regulatory and 
     safety data for commercial motor vehicle operators;
       ``(ii) the efficacy of using or combining clearinghouse 
     data with 1 or more of such systems; and
       ``(iii) the potential interoperability of the clearinghouse 
     with such systems.
       ``(B) Specific considerations.--In carrying out 
     subparagraph (A), the Secretary shall determine--
       ``(i) the clearinghouse's capability for interoperability 
     with--

       ``(I) the National Driver Register established under 
     section 30302;
       ``(II) the Commercial Driver's License Information System 
     established under section 31309;
       ``(III) the Motor Carrier Management Information System for 
     preemployment screening services under section 31150; and
       ``(IV) other data systems, as appropriate; and

       ``(ii) any change to the administration of the current 
     testing program, such as forms, that is necessary to collect 
     data for the clearinghouse.
       ``(c) Standard Formats.--The Secretary shall develop 
     standard formats to be used--
       ``(1) by an authorized user of the clearinghouse to--
       ``(A) request a record from the clearinghouse; and
       ``(B) obtain the consent of an individual who is the 
     subject of a request from the clearinghouse, if applicable; 
     and
       ``(2) to notify an individual that a positive alcohol or 
     controlled substances test result, refusing to test, and a 
     violation of any of the prohibitions under subpart B of part 
     382 of title 49, Code of Federal Regulations (or any 
     subsequent corresponding regulations), will be reported to 
     the clearinghouse.
       ``(d) Privacy.--A release of information from the 
     clearinghouse shall--
       ``(1) comply with applicable Federal privacy laws, 
     including the fair information practices under the Privacy 
     Act of 1974 (5 U.S.C. 552a);
       ``(2) comply with applicable sections of the Fair Credit 
     Reporting Act (15 U.S.C. 1681 et seq.); and
       ``(3) not be made to any person or entity unless expressly 
     authorized or required by law.
       ``(e) Fees.--
       ``(1) Authority to collect fees.--Except as provided under 
     paragraph (3), the Secretary may collect a reasonable, 
     customary, and nominal fee from an authorized user of the 
     clearinghouse for a request for information from the 
     clearinghouse.
       ``(2) Use of fees.--Fees collected under this subsection 
     shall be used for the operation and maintenance of the 
     clearinghouse.
       ``(3) Limitation.--The Secretary may not collect a fee from 
     an individual requesting information from the clearinghouse 
     that pertains to the record of that individual.
       ``(f) Employer Requirements.--
       ``(1) Determination concerning use of clearinghouse.--The 
     Secretary shall determine if an employer is authorized to use 
     the clearinghouse to meet the alcohol and controlled 
     substances testing requirements under title 49, Code of 
     Federal Regulations.
       ``(2) Applicability of existing requirements.--Each 
     employer and service agent shall comply with the alcohol and 
     controlled substances testing requirements under title 49, 
     Code of Federal Regulations.
       ``(3) Employment prohibitions.--Beginning 30 days after the 
     date that the clearinghouse is established under subsection 
     (a), an employer shall not hire an individual to operate a 
     commercial motor vehicle unless the employer determines that 
     the individual, during the preceding 3-year period--
       ``(A) if tested for the use of alcohol and controlled 
     substances, as required under title 49, Code of Federal 
     Regulations--
       ``(i) did not test positive for the use of alcohol or 
     controlled substances in violation of the regulations; or
       ``(ii) tested positive for the use of alcohol or controlled 
     substances and completed the required return-to-duty process 
     under title 49, Code of Federal Regulations;
       ``(B)(i) did not refuse to take an alcohol or controlled 
     substance test under title 49, Code of Federal Regulations; 
     or
       ``(ii) refused to take an alcohol or controlled substance 
     test and completed the required return-to-duty process under 
     title 49, Code of Federal Regulations; and
       ``(C) did not violate any other provision of subpart B of 
     part 382 of title 49, Code of Federal Regulations (or any 
     subsequent corresponding regulations).
       ``(4) Annual review.--Beginning 30 days after the date that 
     the clearinghouse is established under subsection (a), an 
     employer shall request and review a commercial motor vehicle 
     operator's record from the clearinghouse annually for as long 
     as the commercial motor vehicle operator is under the employ 
     of the employer.
       ``(g) Reporting of Records.--
       ``(1) In general.--Beginning 30 days after the date that 
     the clearinghouse is established under subsection (a), a 
     medical review officer, employer, service agent, and other 
     appropriate person, as determined by the Secretary, shall 
     promptly submit to the Secretary any record generated after 
     the clearinghouse is initiated of an individual who--
       ``(A) refuses to take an alcohol or controlled substances 
     test required under title 49, Code of Federal Regulations;
       ``(B) tests positive for alcohol or a controlled substance 
     in violation of the regulations; or
       ``(C) violates any other provision of subpart B of part 382 
     of title 49, Code of Federal Regulations (or any subsequent 
     corresponding regulations).
       ``(2) Inclusion of records in clearinghouse.--The Secretary 
     shall include in the clearinghouse the records of positive 
     test results and test refusals received under paragraph (1).
       ``(3) Modifications and deletions.--If the Secretary 
     determines that a record contained in the clearinghouse is 
     not accurate, the Secretary shall modify or delete the 
     record, as appropriate.
       ``(4) Notification.--The Secretary shall expeditiously 
     notify an individual, unless such notification would be 
     duplicative, when--
       ``(A) a record relating to the individual is received by 
     the clearinghouse;
       ``(B) a record in the clearinghouse relating to the 
     individual is modified or deleted, and include in the 
     notification the reason for the modification or deletion; or
       ``(C) a record in the clearinghouse relating to the 
     individual is released to an employer and specify the reason 
     for the release.
       ``(5) Data quality and security standards for reporting and 
     releasing.--The Secretary may establish additional 
     requirements, as appropriate, to ensure that--
       ``(A) the submission of records to the clearinghouse is 
     timely and accurate;
       ``(B) the release of data from the clearinghouse is timely, 
     accurate, and released to the appropriate authorized user 
     under this section; and
       ``(C) an individual with a record in the clearinghouse has 
     a cause of action for any inappropriate use of information 
     included in the clearinghouse.
       ``(6) Retention of records.--The Secretary shall--
       ``(A) retain a record submitted to the clearinghouse for a 
     5-year period beginning on the date the record is submitted;
       ``(B) remove the record from the clearinghouse at the end 
     of the 5-year period, unless the individual fails to meet a 
     return-to-duty or follow-up requirement under title 49, Code 
     of Federal Regulations; and
       ``(C) retain a record after the end of the 5-year period in 
     a separate location for archiving and auditing purposes.
       ``(h) Authorized Users.--
       ``(1) Employers.--The Secretary shall establish a process 
     for an employer to request and receive an individual's record 
     from the clearinghouse.
       ``(A) Consent.--An employer may not access an individual's 
     record from the clearinghouse unless the employer--
       ``(i) obtains the prior written or electronic consent of 
     the individual for access to the record; and
       ``(ii) submits proof of the individual's consent to the 
     Secretary.
       ``(B) Access to records.--After receiving a request from an 
     employer for an individual's record under subparagraph (A), 
     the Secretary shall grant access to the individual's record 
     to the employer as expeditiously as practicable.
       ``(C) Retention of record requests.--The Secretary shall 
     require an employer to retain for a 3-year period--
       ``(i) a record of each request made by the employer for 
     records from the clearinghouse; and
       ``(ii) the information received pursuant to the request.
       ``(D) Use of records.--An employer may use an individual's 
     record received from the clearinghouse only to assess and 
     evaluate the qualifications of the individual to operate a 
     commercial motor vehicle for the employer.
       ``(E) Protection of privacy of individuals.--An employer 
     that receives an individual's record from the clearinghouse 
     under subparagraph (B) shall--
       ``(i) protect the privacy of the individual and the 
     confidentiality of the record; and
       ``(ii) ensure that information contained in the record is 
     not divulged to a person or entity that is not directly 
     involved in assessing and evaluating the qualifications of 
     the individual to operate a commercial motor vehicle for the 
     employer.
       ``(2) State licensing authorities.--The Secretary shall 
     establish a process for the chief commercial driver's 
     licensing official of a State to request and receive an 
     individual's record from the clearinghouse if the individual 
     is applying for a commercial driver's license from the State.
       ``(A) Consent.--The Secretary may grant access to an 
     individual's record in the clearinghouse under this paragraph 
     without the prior written or electronic consent of the 
     individual. An individual who holds a commercial driver's 
     license shall be deemed to consent to such access by 
     obtaining a commercial driver's license.
       ``(B) Protection of privacy of individuals.--A chief 
     commercial driver's licensing official of a State that 
     receives an individual's record from the clearinghouse under 
     this paragraph shall--
       ``(i) protect the privacy of the individual and the 
     confidentiality of the record; and
       ``(ii) ensure that the information in the record is not 
     divulged to any person that is

[[Page S1329]]

     not directly involved in assessing and evaluating the 
     qualifications of the individual to operate a commercial 
     motor vehicle.
       ``(3) National transportation safety board.--The Secretary 
     shall establish a process for the National Transportation 
     Safety Board to request and receive an individual's record 
     from the clearinghouse if the individual is involved in an 
     accident that is under investigation by the National 
     Transportation Safety Board.
       ``(A) Consent.--The Secretary may grant access to an 
     individual's record in the clearinghouse under this paragraph 
     without the prior written or electronic consent of the 
     individual. An individual who holds a commercial driver's 
     license shall be deemed to consent to such access by 
     obtaining a commercial driver's license.
       ``(B) Protection of privacy of individuals.--An official of 
     the National Transportation Safety Board that receives an 
     individual's record from the clearinghouse under this 
     paragraph shall--
       ``(i) protect the privacy of the individual and the 
     confidentiality of the record; and
       ``(ii) unless the official determines that the information 
     in the individual's record should be reported under section 
     1131(e), ensure that the information in the record is not 
     divulged to any person that is not directly involved with 
     investigating the accident.
       ``(4) Additional authorized users.--The Secretary shall 
     consider whether to grant access to the clearinghouse to 
     additional users. The Secretary may authorize access to an 
     individual's record from the clearinghouse to an additional 
     user if the Secretary determines that granting access will 
     further the purposes under subsection (a)(2). In determining 
     whether the access will further the purposes under subsection 
     (a)(2), the Secretary shall consider, among other things--
       ``(A) what use the additional user will make of the 
     individual's record;
       ``(B) the costs and benefits of the use; and
       ``(C) how to protect the privacy of the individual and the 
     confidentiality of the record.
       ``(i) Access to Clearinghouse by Individuals.--
       ``(1) In general.--The Secretary shall establish a process 
     for an individual to request and receive information from the 
     clearinghouse--
       ``(A) to determine whether the clearinghouse contains a 
     record pertaining to the individual;
       ``(B) to verify the accuracy of a record;
       ``(C) to update an individual's record, including 
     completing the return-to-duty process described in title 49, 
     Code of Federal Regulations; and
       ``(D) to determine whether the clearinghouse received 
     requests for the individual's information.
       ``(2) Dispute procedure.--The Secretary shall establish a 
     procedure, including an appeal process, for an individual to 
     dispute and remedy an administrative error in the 
     individual's record.
       ``(j) Penalties.--
       ``(1) In general.--An employer, employee, medical review 
     officer, or service agent who violates any provision of this 
     section shall be subject to civil penalties under section 
     521(b)(2)(C) and criminal penalties under section 
     521(b)(6)(B), and any other applicable civil and criminal 
     penalties, as determined by the Secretary.
       ``(2) Violation of privacy.--The Secretary shall establish 
     civil and criminal penalties, consistent with paragraph (1), 
     for an authorized user who violates paragraph (2)(B) or 
     (3)(B) of subsection (h).
       ``(k) Compatibility of State and Local Laws.--
       ``(1) Preemption.--Except as provided under paragraph (2), 
     any law, regulation, order, or other requirement of a State, 
     political subdivision of a State, or Indian tribe related to 
     a commercial driver's license holder subject to alcohol or 
     controlled substance testing under title 49, Code of Federal 
     Regulations, that is inconsistent with this section or a 
     regulation issued pursuant to this section is preempted.
       ``(2) Applicability.--The preemption under paragraph (1) 
     shall include--
       ``(A) the reporting of valid positive results from alcohol 
     screening tests and drug tests;
       ``(B) the refusal to provide a specimen for an alcohol 
     screening test or drug test; and
       ``(C) other violations of subpart B of part 382 of title 
     49, Code of Federal Regulations (or any subsequent 
     corresponding regulations).
       ``(3) Exception.--A law, regulation, order, or other 
     requirement of a State, political subdivision of a State, or 
     Indian tribe shall not be preempted under this subsection to 
     the extent it relates to an action taken with respect to a 
     commercial motor vehicle operator's commercial driver's 
     license or driving record as a result of the driver's--
       ``(A) verified positive alcohol or drug test result;
       ``(B) refusal to provide a specimen for the test; or
       ``(C) other violations of subpart B of part 382 of title 
     49, Code of Federal Regulations (or any subsequent 
     corresponding regulations).
       ``(l) Definitions.--In this section--
       ``(1) Authorized user.--The term `authorized user' means an 
     employer, State licensing authority, National Transportation 
     Safety Board, or other person granted access to the 
     clearinghouse under subsection (h).
       ``(2) Chief commercial driver's licensing official.--The 
     term `chief commercial driver's licensing official' means the 
     official in a State who is authorized to--
       ``(A) maintain a record about commercial driver's licenses 
     issued by the State; and
       ``(B) take action on commercial driver's licenses issued by 
     the State.
       ``(3) Clearinghouse.--The term `clearinghouse' means the 
     clearinghouse established under subsection (a).
       ``(4) Commercial motor vehicle operator.--The term 
     `commercial motor vehicle operator' means an individual who--
       ``(A) possesses a valid commercial driver's license issued 
     in accordance with section 31308; and
       ``(B) is subject to controlled substances and alcohol 
     testing under title 49, Code of Federal Regulations.
       ``(5) Employer.--The term `employer' means a person or 
     entity employing, or seeking to employ, 1 or more employees 
     (including an individual who is self-employed) to be 
     commercial motor vehicle operators.
       ``(6) Medical review officer.--The term `medical review 
     officer' means a licensed physician who is responsible for--
       ``(A) receiving and reviewing a laboratory result generated 
     under the testing program;
       ``(B) evaluating a medical explanation for a controlled 
     substances test under title 49, Code of Federal Regulations; 
     and
       ``(C) interpreting the results of a controlled substances 
     test.
       ``(7) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.
       ``(8) Service agent.--The term `service agent' means a 
     person or entity, other than an employee of the employer, who 
     provides services to employers or employees under the testing 
     program.
       ``(9) Testing program.--The term `testing program' means 
     the alcohol and controlled substances testing program 
     required under title 49, Code of Federal Regulations.''.
       (b) Conforming Amendment.--The analysis for chapter 313 is 
     amended by inserting after the item relating to section 31306 
     the following:

``31306a. National clearinghouse for positive controlled substance and 
              alcohol test results of commercial motor vehicle 
              operators.''.

     SEC. 32403. DRUG AND ALCOHOL VIOLATION SANCTIONS.

       Chapter 313 is amended--
       (1) by redesignating section 31306(f) as 31306(f)(1); and
       (2) by inserting after section 31306(f)(1) the following:
       ``(2) Additional sanctions.--The Secretary may require a 
     State to revoke, suspend, or cancel the commercial driver's 
     license of a commercial motor vehicle operator who is found, 
     based on a test conducted and confirmed under this section, 
     to have used alcohol or a controlled substance in violation 
     of law until the commercial motor vehicle operator completes 
     the rehabilitation process under subsection (e).''; and
       (3) by amending section 31310(d) to read as follows:
       ``(d) Controlled Substance Violations.--The Secretary may 
     permanently disqualify an individual from operating a 
     commercial vehicle if the individual--
       ``(1) uses a commercial motor vehicle in the commission of 
     a felony involving manufacturing, distributing, or dispensing 
     a controlled substance, or possession with intent to 
     manufacture, distribute, or dispense a controlled substance; 
     or
       ``(2) uses alcohol or a controlled substance, in violation 
     of section 31306, 3 or more times.''.

     SEC. 32404. AUTHORIZATION OF APPROPRIATIONS.

       From the funds authorized to be appropriated under section 
     31104(h) of title 49, United States Code, up to $5,000,000 is 
     authorized to be appropriated from the Highway Trust Fund 
     (other than the Mass Transit Account) for the Secretary of 
     Transportation to develop, design, and implement the national 
     clearinghouse required by section 32402 of this Act.

                        Subtitle E--Enforcement

     SEC. 32501. INSPECTION DEMAND AND DISPLAY OF CREDENTIALS.

       (a) Safety Investigations.--Section 504(c) is amended--
       (1) by inserting ``, or an employee of the recipient of a 
     grant issued under section 31102 of this title'' after ``a 
     contractor''; and
       (2) by inserting ``, in person or in writing'' after 
     ``proper credentials''.
       (b) Civil Penalty.--Section 521(b)(2)(E) is amended--
       (1) by redesignating subparagraph (E) as subparagraph 
     (E)(i); and
       (2) by adding at the end the following:
       ``(ii) Place out of service.--The Secretary may by 
     regulation adopt procedures for placing out of service the 
     commercial motor vehicle of a foreign-domiciled motor carrier 
     that fails to promptly allow the Secretary to inspect and 
     copy a record or inspect equipment, land, buildings, or other 
     property.''.
       (c) Hazardous Materials Investigations.--Section 5121(c)(2) 
     is amended by inserting ``, in person or in writing,'' after 
     ``proper credentials''.
       (d) Commercial Investigations.--Section 14122(b) is amended 
     by inserting ``, in person or in writing'' after ``proper 
     credentials''.

     SEC. 32502. OUT OF SERVICE PENALTY FOR DENIAL OF ACCESS TO 
                   RECORDS.

       Section 521(b)(2)(E) is amended--
       (1) by inserting after ``$10,000.'' the following: ``In the 
     case of a motor carrier, the Secretary may also place the 
     violator's motor carrier operations out of service.''; and

[[Page S1330]]

       (2) by striking ``such penalty'' after ``It shall be a 
     defense to'' and inserting ``a penalty''.

     SEC. 32503. PENALTIES FOR VIOLATION OF OPERATION OUT OF 
                   SERVICE ORDERS.

       Section 521(b)(2) is amended by adding at the end the 
     following:
       ``(F) Penalty for violations relating to out of service 
     orders.--A motor carrier or employer (as defined in section 
     31132) that operates a commercial motor vehicle in commerce 
     in violation of a prohibition on transportation under section 
     31144(c) of this title or an imminent hazard out of service 
     order issued under subsection (b)(5) of this section or 
     section 5121(d) of this title shall be liable for a civil 
     penalty not to exceed $25,000.''.

     SEC. 32504. MINIMUM PROHIBITION ON OPERATION FOR UNFIT 
                   CARRIERS.

       (a) In General.--Section 31144(c)(1) is amended by 
     inserting ``, and such period shall be for not less than 10 
     days'' after ``operator is fit''.
       (b) Owners or Operators Transporting Passengers.--Section 
     31144(c)(2) is amended by inserting ``, and such period shall 
     be for not less than 10 days'' after ``operator is fit''.
       (c) Owners or Operators Transporting Hazardous Material.--
     Section 31144(c)(3) is amended by inserting before the period 
     at the end of the first sentence the following: ``, and such 
     period shall be for not less than 10 days''.

     SEC. 32505. MINIMUM OUT OF SERVICE PENALTIES.

       Section 521(b)(7) is amended by adding at the end the 
     following:
       ``The penalties may include a minimum duration for any out 
     of service period, not to exceed 90 days.''.

     SEC. 32506. IMPOUNDMENT AND IMMOBILIZATION OF COMMERCIAL 
                   MOTOR VEHICLES FOR IMMINENT HAZARD.

       Section 521(b) is amended by adding at the end the 
     following:
       ``(15) Impoundment of commercial motor vehicles.--
       ``(A) Enforcement of imminent hazard out-of-service 
     orders.--
       ``(i) The Secretary, or an authorized State official 
     carrying out motor carrier safety enforcement activities 
     under section 31102, may enforce an imminent hazard out-of-
     service order issued under chapters 5, 51, 131 through 149, 
     311, 313, or 315 of this title, or a regulation promulgated 
     thereunder, by towing and impounding a commercial motor 
     vehicle until the order is rescinded.
       ``(ii) Enforcement shall not unreasonably interfere with 
     the ability of a shipper, carrier, broker, or other party to 
     arrange for the alternative transportation of any cargo or 
     passenger being transported at the time the commercial motor 
     vehicle is immobilized. In the case of a commercial motor 
     vehicle transporting passengers, the Secretary or authorized 
     State official shall provide reasonable, temporary, and 
     secure shelter and accommodations for passengers in transit.
       ``(iii) The Secretary's designee or an authorized State 
     official carrying out motor carrier safety enforcement 
     activities under section 31102, shall immediately notify the 
     owner of a commercial motor vehicle of the impoundment and 
     the opportunity for review of the impoundment. A review shall 
     be provided in accordance with section 554 of title 5, except 
     that the review shall occur not later than 10 days after the 
     impoundment.
       ``(B) Issuance of regulations.--The Secretary shall 
     promulgate regulations on the use of impoundment or 
     immobilization of commercial motor vehicles as a means of 
     enforcing additional out-of-service orders issued under 
     chapters 5, 51, 131 through 149, 311, 313, or 315 of this 
     title, or a regulation promulgated thereunder. Regulations 
     promulgated under this subparagraph shall include 
     consideration of public safety, the protection of passengers 
     and cargo, inconvenience to passengers, and the security of 
     the commercial motor vehicle.
       ``(C) Definition.--In this paragraph, the term 
     `impoundment' or 'impounding' means the seizing and taking 
     into custody of a commercial motor vehicle or the 
     immobilizing of a commercial motor vehicle through the 
     attachment of a locking device or other mechanical or 
     electronic means.''.

     SEC. 32507. INCREASED PENALTIES FOR EVASION OF REGULATIONS.

       (a) Penalties.--Section 524 is amended--
       (1) by striking ``knowingly and willfully'';
       (2) by inserting after ``this chapter'' the following: ``, 
     chapter 51, subchapter III of chapter 311 (except sections 
     31138 and 31139) or section 31302, 31303, 31304, 31305(b), 
     31310(g)(1)(A), or 31502 of this title, or a regulation 
     issued under any of those provisions,'';
       (3) by striking ``$200 but not more than $500'' and 
     inserting ``$2,000 but not more than $5,000''; and
       (4) by striking ``$250 but not more than $2,000'' and 
     inserting ``$2,500 but not more than $7,500''.
       (b) Evasion of Regulation.--Section 14906 is amended--
       (1) by striking ``$200'' and inserting ``at least $2,000'';
       (2) by striking ``$250'' and inserting ``$5,000''; and
       (3) by inserting after ``a subsequent violation'' the 
     following:
       ``, and may be subject to criminal penalties''.

     SEC. 32508. FAILURE TO PAY CIVIL PENALTY AS A DISQUALIFYING 
                   OFFENSE.

       (a) In General.--Chapter 311 is amended by inserting after 
     section 31151 the following:

     ``Sec.  31152. Disqualification for failure to pay

       ``An individual assessed a civil penalty under this 
     chapter, or chapters 5, 51, or 149 of this title, or a 
     regulation issued under any of those provisions, who fails to 
     pay the penalty or fails to comply with the terms of a 
     settlement with the Secretary, shall be disqualified from 
     operating a commercial motor vehicle after the individual is 
     notified in writing and is given an opportunity to respond. A 
     disqualification shall continue until the penalty is paid, or 
     the individual complies with the terms of the settlement, 
     unless the nonpayment is because the individual is a debtor 
     in a case under chapter 11 of title 11, United States 
     Code.''.
       (b) Technical Amendments.--Section 31310, as amended by 
     sections 32206 and 32310 of this Act, is amended--
       (1) by redesignating subsections (h) through (k) as 
     subsections (i) through (l), respectively; and
       (2) by inserting after subsection (g) the following:
       ``(h) Disqualification for Failure To Pay.--The Secretary 
     shall disqualify from operating a commercial motor vehicle 
     any individual who fails to pay a civil penalty within the 
     prescribed period, or fails to conform to the terms of a 
     settlement with the Secretary. A disqualification shall 
     continue until the penalty is paid, or the individual 
     conforms to the terms of the settlement, unless the 
     nonpayment is because the individual is a debtor in a case 
     under chapter 11 of title 11, United States Code.''; and
       (3) in subsection (i), as redesignated, by striking 
     ``Notwithstanding subsections (b) through (g)'' and inserting 
     ``Notwithstanding subsections (b) through (h)''.
       (c) Conforming Amendment.--The analysis of chapter 311 is 
     amended by inserting after the item relating to section 31151 
     the following:

``31152. Disqualification for failure to pay.''.

     SEC. 32509. VIOLATIONS RELATING TO COMMERCIAL MOTOR VEHICLE 
                   SAFETY REGULATION AND OPERATORS.

       Section 521(b)(2)(D) is amended by striking ``ability to 
     pay,''.

     SEC. 32510. EMERGENCY DISQUALIFICATION FOR IMMINENT HAZARD.

       Section 31310(f) is amended--
       (1) in paragraph (1) by inserting ``section 521 or'' before 
     ``section 5102''; and
       (2) in paragraph (2) by inserting ``section 521 or'' before 
     ``section 5102''.

     SEC. 32511. INTRASTATE OPERATIONS OF INTERSTATE MOTOR 
                   CARRIERS.

       (a) Prohibited Transportation.--Section 521(b)(5) is 
     amended by inserting after subparagraph (B) the following:
       ``(C) If an employee, vehicle, or all or part of an 
     employer's commercial motor vehicle operations is ordered out 
     of service under paragraph (5)(A), the commercial motor 
     vehicle operations of the employee, vehicle, or employer that 
     affect interstate commerce are also prohibited.''.
       (b) Prohibition on Operation in Interstate Commerce After 
     Nonpayment of Penalties.--Section 521(b)(8) is amended--
       (1) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (2) by inserting after subparagraph (A) the following:
       ``(B) Additional prohibition.--A person prohibited from 
     operating in interstate commerce under paragraph (8)(A) may 
     not operate any commercial motor vehicle where the operation 
     affects interstate commerce.''.

     SEC. 32512. ENFORCEMENT OF SAFETY LAWS AND REGULATIONS.

       (a) Enforcement of Safety Laws and Regulations.--Chapter 
     311, as amended by sections 32113 and 32508 of this Act, is 
     amended by adding after section 31153 the following:

     ``Sec.  31154. Enforcement of safety laws and regulations

       ``(a) In General.--The Secretary may bring a civil action 
     to enforce this part, or a regulation or order of the 
     Secretary under this part, when violated by an employer, 
     employee, or other person providing transportation or service 
     under this subchapter or subchapter I.
       ``(b) Venue.--In a civil action under subsection (a)--
       ``(1) trial shall be in the judicial district in which the 
     employer, employee, or other person operates;
       ``(2) process may be served without regard to the 
     territorial limits of the district or of the State in which 
     the action is instituted; and
       ``(3) a person participating with a carrier or broker in a 
     violation may be joined in the civil action without regard to 
     the residence of the person.''.
       (b) Conforming Amendment.--The analysis of chapter 311 is 
     amended by inserting after the item relating to section 31153 
     the following:

``31154. Enforcement of safety laws and regulations.''.

     SEC. 32513. DISCLOSURE TO STATE AND LOCAL LAW ENFORCEMENT 
                   AGENCIES.

       Section 31106(e) is amended--
       (1) by redesignating subsection (e) as subsection (e)(1); 
     and
       (2) by inserting at the end the following:
       ``(2) In general.--Notwithstanding any prohibition on 
     disclosure of information in section 31105(h) or 31143(b) of 
     this title or section 552a of title 5, the Secretary may 
     disclose information maintained by the Secretary pursuant to 
     chapters 51, 135, 311, or 313 of this title to appropriate 
     personnel of a State agency or instrumentality authorized to 
     carry out State commercial motor vehicle safety activities 
     and commercial driver's license laws, or appropriate 
     personnel of a

[[Page S1331]]

     local law enforcement agency, in accordance with standards, 
     conditions, and procedures as determined by the Secretary. 
     Disclosure under this section shall not operate as a waiver 
     by the Secretary of any applicable privilege against 
     disclosure under common law or as a basis for compelling 
     disclosure under section 552 of title 5.''.

             Subtitle F--Compliance, Safety, Accountability

     SEC. 32601. COMPLIANCE, SAFETY, ACCOUNTABILITY.

       (a) In General.--Section 31102 is amended--
       (1) by amending the section heading to read:

     ``Sec.  31102. Compliance, safety, and accountability 
       grants'';

       (2) by amending subsection (a) to read as follows:
       ``(a) General Authority.--Subject to this section, the 
     Secretary of Transportation shall make and administer a 
     compliance, safety, and accountability grant program to 
     assist States, local governments, and other entities and 
     persons with motor carrier safety and enforcement on highways 
     and other public roads, new entrant safety audits, border 
     enforcement, hazardous materials safety and security, 
     consumer protection and household goods enforcement, and 
     other programs and activities required to improve the safety 
     of motor carriers as determined by the Secretary. The 
     Secretary shall allocate funding in accordance with section 
     31104 of this title.'';
       (3) in subsection (b)--
       (A) by amending the heading to read as follows:
       ``(b) Motor Carrier Safety Assistance Program.--'';
       (B) by redesignating paragraphs (1) through (3) as (2) 
     through (4), respectively;
       (C) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) Program goal.--The goal of the Motor Carrier Safety 
     Assistance Program is to ensure that the Secretary, States, 
     local government agencies, and other political jurisdictions 
     work in partnership to establish programs to improve motor 
     carrier, commercial motor vehicle, and driver safety to 
     support a safe and efficient surface transportation system 
     by--
       ``(A) making targeted investments to promote safe 
     commercial motor vehicle transportation, including 
     transportation of passengers and hazardous materials;
       ``(B) investing in activities likely to generate maximum 
     reductions in the number and severity of commercial motor 
     vehicle crashes and fatalities resulting from such crashes;
       ``(C) adopting and enforcing effective motor carrier, 
     commercial motor vehicle, and driver safety regulations and 
     practices consistent with Federal requirements; and
       ``(D) assessing and improving statewide performance by 
     setting program goals and meeting performance standards, 
     measures, and benchmarks.'';
       (D) in paragraph (2), as redesignated--
       (i) by striking ``make a declaration of'' in subparagraph 
     (I) and inserting ``demonstrate'';
       (ii) by amending subparagraph (M) to read as follows:
       ``(M) ensures participation in appropriate Federal Motor 
     Carrier Safety Administration systems and other information 
     systems by all appropriate jurisdictions receiving Motor 
     Carrier Safety Assistance Program funding;'';
       (iii) in subparagraph (Q), by inserting ``and dedicated 
     sufficient resources to'' between ``established'' and ``a 
     program'';
       (iv) in subparagraph (W), by striking ``and'' after the 
     semicolon;
       (v) by amending subparagraph (X) to read as follows:
       ``(X) except in the case of an imminent or obvious safety 
     hazard, ensures that an inspection of a vehicle transporting 
     passengers for a motor carrier of passengers is conducted at 
     a station, terminal, border crossing, maintenance facility, 
     destination, weigh station, rest stop, turnpike service area, 
     or a location where adequate food, shelter, and sanitation 
     facilities are available for passengers, and reasonable 
     accommodation is available for passengers with disabilities; 
     and''; and
       (vi) by adding after subparagraph (X) the following:
       ``(Y) ensures that the State will transmit to its roadside 
     inspectors the notice of each Federal exemption granted 
     pursuant to section 31315(b) and provided to the State by the 
     Secretary, including the name of the person granted the 
     exemption and any terms and conditions that apply to the 
     exemption.''; and
       (E) by amending paragraph (4), as redesignated, to read as 
     follows:
       ``(4) Maintenance of effort.--
       ``(A) In general.--A plan submitted by a State under 
     paragraph (2) shall provide that the total expenditure of 
     amounts of the lead State agency responsible for implementing 
     the plan will be maintained at a level at least equal to the 
     average level of that expenditure for fiscal years 2004 and 
     2005.
       ``(B) Average level of state expenditures.--In estimating 
     the average level of State expenditure under subparagraph 
     (A), the Secretary--
       ``(i) may allow the State to exclude State expenditures for 
     Government-sponsored demonstration or pilot programs; and
       ``(ii) shall require the State to exclude State matching 
     amounts used to receive Government financing under this 
     subsection.
       ``(C) Waiver.--Upon the request of a State, the Secretary 
     may waive or modify the requirements of this paragraph for 1 
     fiscal year, if the Secretary determines that a waiver is 
     equitable due to exceptional or uncontrollable circumstances, 
     such as a natural disaster or a serious decline in the 
     financial resources of the State motor carrier safety 
     assistance program agency.'';
       (4) by redesignating subsection (e) as subsection (h); and
       (5) by inserting after subsection (d) the following:
       ``(e) New Entrant Safety Assurance Program.--
       ``(1) Program goal.--The Secretary may make grants to 
     States and local governments for pre-authorization safety 
     audits and new entrant motor carrier audits as described in 
     section 31144(g).
       ``(2) Recipients.--Grants made in support of this program 
     may be provided to States and local governments.
       ``(3) Federal share.--The Federal share of a grant made 
     under this program is 100 percent.
       ``(4) Eligible activities.--Eligible activities will be in 
     accordance with criteria developed by the Secretary and 
     posted in the Federal Register in advance of the grant 
     application period.
       ``(5) Determination.--If the Secretary determines that a 
     State or local government is unable to conduct a new entrant 
     motor carrier audit, the Secretary may use the funds to 
     conduct the audit.
       ``(f) Border Enforcement.--
       ``(1) Program goal.--The Secretary of Transportation may 
     make a grant for carrying out border commercial motor vehicle 
     safety programs and related enforcement activities and 
     projects.
       ``(2) Recipients.--The Secretary of Transportation may make 
     a grant to an entity, State, or other person for carrying out 
     border commercial motor vehicle safety programs and related 
     enforcement activities and projects.
       ``(3) Federal share.--The Secretary shall reimburse a 
     grantee at least 100 percent of the costs incurred in a 
     fiscal year for carrying out border commercial motor vehicle 
     safety programs and related enforcement activities and 
     projects.
       ``(4) Eligible activities.--An eligible activity will be in 
     accordance with criteria developed by the Secretary and 
     posted in the Federal Register in advance of the grant 
     application period.
       ``(g) High Priority Initiatives.--
       ``(1) Program goal.--The Secretary may make grants to carry 
     out high priority activities and projects that improve 
     commercial motor vehicle safety and compliance with 
     commercial motor vehicle safety regulations, including 
     activities and projects that--
       ``(A) are national in scope;
       ``(B) increase public awareness and education;
       ``(C) target unsafe driving of commercial motor vehicles 
     and non-commercial motor vehicles in areas identified as high 
     risk crash corridors;
       ``(D) improve consumer protection and enforcement of 
     household goods regulations;
       ``(E) improve the movement of hazardous materials safely 
     and securely, including activities related to the 
     establishment of uniform forms and application procedures 
     that improve the accuracy, timeliness, and completeness of 
     commercial motor vehicle safety data reported to the 
     Secretary; or
       ``(F) demonstrate new technologies to improve commercial 
     motor vehicle safety.
       ``(2) Recipients.--The Secretary may allocate amounts to 
     award grants to State agencies, local governments, and other 
     persons for carrying out high priority activities and 
     projects that improve commercial motor vehicle safety and 
     compliance with commercial motor vehicle safety regulations 
     in accordance with the program goals specified in paragraph 
     (1).
       ``(3) Federal share.--The Secretary shall reimburse a 
     grantee at least 80 percent of the costs incurred in a fiscal 
     year for carrying out the high priority activities or 
     projects.
       ``(4) Eligible activities.--An eligible activity will be in 
     accordance with criteria that is--
       ``(A) developed by the Secretary; and
       ``(B) posted in the Federal Register in advance of the 
     grant application period.''.
       (b) Conforming Amendment.--The analysis of chapter 311 is 
     amended by striking the item relating to section 31102 and 
     inserting the following:

``31102. Compliance, safety, and accountability grants.''.

     SEC. 32602. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS 
                   MANAGEMENT PROGRAM.

       Section 31106(b) is amended--
       (1) by amending paragraph (3)(C) to read as follows--
       ``(C) establish and implement a process--
       ``(i) to cancel the motor vehicle registration and seize 
     the registration plates of a vehicle when an employer is 
     found liable under section 31310(j)(2)(C) for knowingly 
     allowing or requiring an employee to operate such a 
     commercial motor vehicle in violation of an out-of-service 
     order; and
       ``(ii) to reinstate the vehicle registration or return the 
     registration plates of the commercial motor vehicle, subject 
     to sanctions under clause (i), if the Secretary permits such 
     carrier to resume operations after the date of issuance of 
     such order.''; and
       (2) by striking paragraph (4).

[[Page S1332]]

     SEC. 32603. COMMERCIAL MOTOR VEHICLE DEFINED.

       Section 31101(1) is amended to read as follows:
       ``(1) `commercial motor vehicle' means (except under 
     section 31106) a self-propelled or towed vehicle used on the 
     highways in commerce to transport passengers or property, if 
     the vehicle--
       ``(A) has a gross vehicle weight rating or gross vehicle 
     weight of at least 10,001 pounds, whichever is greater;
       ``(B) is designed or used to transport more than 8 
     passengers, including the driver, for compensation;
       ``(C) is designed or used to transport more than 15 
     passengers, including the driver, and is not used to 
     transport passengers for compensation; or
       ``(D) is used in transporting material found by the 
     Secretary of Transportation to be hazardous under section 
     5103 and transported in a quantity requiring placarding under 
     regulations prescribed by the Secretary under section 
     5103.''.

     SEC. 32604. DRIVER SAFETY FITNESS RATINGS.

       Section 31144, as amended by section 32204 of this Act, is 
     amended by adding at the end the following:
       ``(i) Commercial Motor Vehicle Drivers.--The Secretary may 
     maintain by regulation a procedure for determining the safety 
     fitness of a commercial motor vehicle driver and for 
     prohibiting the driver from operating in interstate commerce. 
     The procedure and prohibition shall include the following:
       ``(1) Specific initial and continuing requirements that a 
     driver must comply with to demonstrate safety fitness.
       ``(2) The methodology and continually updated safety 
     performance data that the Secretary will use to determine 
     whether a driver is fit, including inspection results, 
     serious traffic offenses, and crash involvement data.
       ``(3) Specific time frames within which the Secretary will 
     determine whether a driver is fit.
       ``(4) A prohibition period or periods, not to exceed 1 
     year, that a driver that the Secretary determines is not fit 
     will be prohibited from operating a commercial motor vehicle 
     in interstate commerce. The period or periods shall begin on 
     the 46th day after the date of the fitness determination and 
     continue until the Secretary determines the driver is fit or 
     until the prohibition period expires.
       ``(5) A review by the Secretary, not later than 30 days 
     after an unfit driver requests a review, of the driver's 
     compliance with the requirements the driver failed to comply 
     with and that resulted in the Secretary determining that the 
     driver was not fit. The burden of proof shall be on the 
     driver to demonstrate fitness.
       ``(6) The eligibility criteria for reinstatement, including 
     the remedial measures the unfit driver must take for 
     reinstatement.''.

     SEC. 32605. UNIFORM ELECTRONIC CLEARANCE FOR COMMERCIAL MOTOR 
                   VEHICLE INSPECTIONS.

       (a) In General.--Chapter 311 is amended by adding after 
     section 31109 the following:

     ``Sec.  31110. Withholding amounts for State noncompliance

       ``(a) First Fiscal Year.--Subject to criteria established 
     by the Secretary of Transportation, the Secretary may 
     withhold up to 50 percent of the amount a State is otherwise 
     eligible to receive under section 31102(b) on the first day 
     of the fiscal year after the first fiscal year following the 
     date of enactment of the Commercial Motor Vehicle Safety 
     Enhancement Act of 2012 in which the State uses for at least 
     180 days an electronic commercial motor vehicle inspection 
     selection system that does not employ a selection methodology 
     approved by the Secretary.
       ``(b) Second Fiscal Year.--The Secretary shall withhold up 
     to 75 percent of the amount a State is otherwise eligible to 
     receive under section 31102(b) on the first day of the fiscal 
     year after the second fiscal year following the date of 
     enactment of the Commercial Motor Vehicle Safety Enhancement 
     Act of 2012 in which the State uses for at least 180 days an 
     electronic commercial motor vehicle inspection selection 
     system that does not employ a selection methodology approved 
     by the Secretary.
       ``(c) Subsequent Availability of Withheld Funds.--The 
     Secretary may make the amounts withheld under subsection (a) 
     or subsection (b) available to the State if the Secretary 
     determines that the State has substantially complied with the 
     requirement described under subsection (a) or subsection (b) 
     not later than 180 days after the beginning of the fiscal 
     year in which amounts were withheld.''.
       (b) Conforming Amendment.--The analysis of chapter 311 is 
     amended by inserting after the item relating to section 31109 
     the following:

``31110. Withholding amounts for State noncompliance.''.

     SEC. 32606. AUTHORIZATION OF APPROPRIATIONS.

       Section 31104 is amended to read as follows:

     ``Sec.  31104. Availability of amounts

       ``(a) In General.--There are authorized to be appropriated 
     from Highway Trust Fund (other than the Mass Transit Account) 
     for Federal Motor Carrier Safety Administration programs the 
     following:
       ``(1) Compliance, safety, and accountability grants under 
     section 31102.--
       ``(A) $249,717,000 for fiscal year 2012, provided that the 
     Secretary shall set aside not less than $168,388,000 to carry 
     out the motor carrier safety assistance program under section 
     31102(b); and
       ``(B) $253,814,000 for fiscal year 2013, provided that the 
     Secretary shall set aside not less than $171,813,000 to carry 
     out the motor carrier safety assistance program under section 
     31102(b).
       ``(2) Data and technology grants under section 31109.--
       ``(A) $30,000,000 for fiscal year 2012; and
       ``(B) $30,000,000 for fiscal year 2013.
       ``(3) Driver safety grants under section 31313.--
       ``(A) $31,000,000 for fiscal year 2012; and
       ``(B) $31,000,000 for fiscal year 2013.
       ``(4) Criteria.--The Secretary shall develop criteria to 
     allocate the remaining funds under paragraphs (1), (2), and 
     (3) for fiscal year 2013 and for each fiscal year thereafter 
     not later than April 1 of the prior fiscal year.
       ``(b) Availability and Reallocation of Amounts.--
       ``(1) Allocations and reallocations.--Amounts made 
     available under subsection (a)(1) remain available until 
     expended. Allocations to a State remain available for 
     expenditure in the State for the fiscal year in which they 
     are allocated and for the next fiscal year. Amounts not 
     expended by a State during those 2 fiscal years are released 
     to the Secretary for reallocation.
       ``(2) Redistribution of amounts.--The Secretary may, after 
     August 1 of each fiscal year, upon a determination that a 
     State does not qualify for funding under section 31102(b) or 
     that the State will not expend all of its existing funding, 
     reallocate the State's funding. In revising the allocation 
     and redistributing the amounts, the Secretary shall give 
     preference to those States that require additional funding to 
     meet program goals under section 31102(b).
       ``(3) Period of availability for data and technology 
     grants.--Amounts made available under subsection (a)(2) 
     remain available for obligation for the fiscal year and the 
     next 2 years in which they are appropriated. Allocations 
     remain available for expenditure in the State for 5 fiscal 
     years after they were obligated. Amounts not expended by a 
     State during those 3 fiscal years are released to the 
     Secretary for reallocation.
       ``(4) Period of availability for driver safety grants.--
     Amounts made available under subsection (a)(3) of this 
     section remain available for obligation for the fiscal year 
     and the next fiscal year in which they are appropriated. 
     Allocations to a State remain available for expenditure in 
     the State for the fiscal year in which they are allocated and 
     for the following 2 fiscal years. Amounts not expended by a 
     State during those 3 fiscal years are released to the 
     Secretary for reallocation.
       ``(5) Reallocation.--The Secretary, upon a request by a 
     State, may reallocate grant funds previously awarded to the 
     State under a grant program authorized by section 31102, 
     31109, or 31313 to another grant program authorized by those 
     sections upon a showing by the State that it is unable to 
     expend the funds within the 12 months prior to their 
     expiration provided that the State agrees to expend the funds 
     within the remaining period of expenditure.
       ``(c) Grants as Contractual Obligations.--Approval by the 
     Secretary of a grant under sections 31102, 31109, and 31313 
     is a contractual obligation of the Government for payment of 
     the Government's share of costs incurred in developing and 
     implementing programs to improve commercial motor vehicle 
     safety and enforce commercial driver's license regulations, 
     standards, and orders.
       ``(d) Deduction for Administrative Expenses.--
       ``(1) In general.--On October 1 of each fiscal year or as 
     soon after that as practicable, the Secretary may deduct, 
     from amounts made available under--
       ``(A) subsection (a)(1) for that fiscal year, not more than 
     1.5 percent of those amounts for administrative expenses 
     incurred in carrying out section 31102 in that fiscal year;
       ``(B) subsection (a)(2) for that fiscal year, not more than 
     1.4 percent of those amounts for administrative expenses 
     incurred in carrying out section 31109 in that fiscal year; 
     and
       ``(C) subsection (a)(3) for that fiscal year, not more than 
     1.4 percent of those amounts for administrative expenses 
     incurred in carrying out section 31313 in that fiscal year.
       ``(2) Training.--The Secretary may use at least 50 percent 
     of the amounts deducted from the amounts made available under 
     sections (a)(1) and (a)(3) to train non-Government employees 
     and to develop related training materials to carry out 
     sections 31102, 31311, and 31313 of this title.
       ``(3) Contracts.--The Secretary may use amounts deducted 
     under paragraph (1) to enter into contracts and cooperative 
     agreements with States, local governments, associations, 
     institutions, corporations, and other persons, if the 
     Secretary determines the contracts and cooperative agreements 
     are cost-effective, benefit multiple jurisdictions of the 
     United States, and enhance safety programs and related 
     enforcement activities.
       ``(e) Allocation Criteria and Eligibility.--
       ``(1) On October 1 of each fiscal year or as soon as 
     practicable after that date after making the deduction under 
     subsection (d)(1)(A), the Secretary shall allocate amounts 
     made available to carry out section 31102(b) for such fiscal 
     year among the States with plans approved under that section. 
     Allocation shall be made under the criteria prescribed by the 
     Secretary.

[[Page S1333]]

       ``(2) On October 1 of each fiscal year or as soon as 
     practicable after that date and after making the deduction 
     under subsection (d)(1)(B) or (d)(1)(C), the Secretary shall 
     allocate amounts made available to carry out sections 
     31109(a) and 31313(b)(1).
       ``(f) Intrastate Compatibility.--The Secretary shall 
     prescribe regulations specifying tolerance guidelines and 
     standards for ensuring compatibility of intrastate commercial 
     motor vehicle safety laws and regulations with Government 
     motor carrier safety regulations to be enforced under section 
     31102(b). To the extent practicable, the guidelines and 
     standards shall allow for maximum flexibility while ensuring 
     a degree of uniformity that will not diminish transportation 
     safety. In reviewing State plans and allocating amounts or 
     making grants under section 153 of title 23, United States 
     Code, the Secretary shall ensure that the guidelines and 
     standards are applied uniformly.
       ``(g) Withholding Amounts for State Noncompliance.--
       ``(1) In general.--Subject to criteria established by the 
     Secretary, the Secretary may withhold up to 100 percent of 
     the amounts a State is otherwise eligible to receive under 
     section 31102(b) on October 1 of each fiscal year beginning 
     after the date of enactment of the Commercial Motor Vehicle 
     Safety Enhancement Act of 2012 and continuing for the period 
     that the State does not comply substantially with a 
     requirement under section 31109(b).
       ``(2) Subsequent availability of withheld funds.--The 
     Secretary may make the amounts withheld in accordance with 
     paragraph (1) available to a State if the Secretary 
     determines that the State has substantially complied with a 
     requirement under section 31109(b) not later than 180 days 
     after the beginning of the fiscal year in which the amounts 
     are withheld.
       ``(h) Administrative Expenses.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated from the Highway Trust Fund 
     (other than the Mass Transit Account) for the Secretary to 
     pay administrative expenses of the Federal Motor Carrier 
     Safety Administration--
       ``(A) $250,819,000 for fiscal year 2012; and
       ``(B) $248,523,000 for fiscal year 2013.
       ``(2) Use of funds.--The funds authorized by this 
     subsection shall be used for personnel costs, administrative 
     infrastructure, rent, information technology, programs for 
     research and technology, information management, regulatory 
     development, the administration of the performance and 
     registration information system management, outreach and 
     education, other operating expenses, and such other expenses 
     as may from time to time be necessary to implement statutory 
     mandates of the Administration not funded from other sources.
       ``(i) Availability of Funds.--
       ``(1) Period of availability.--The amounts made available 
     under this section shall remain available until expended.
       ``(2) Initial date of availability.--Authorizations from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     for this section shall be available for obligation on the 
     date of their apportionment or allocation or on October 1 of 
     the fiscal year for which they are authorized, whichever 
     occurs first.''.

     SEC. 32607. HIGH RISK CARRIER REVIEWS.

       (a) High Risk Carrier Reviews.--Section 31104(h), as 
     amended by section 32606 of this Act, is amended by adding at 
     the end of paragraph (2) the following:
       ``From the funds authorized by this subsection, the 
     Secretary shall ensure that a review is completed on each 
     motor carrier that demonstrates through performance data that 
     it poses the highest safety risk. At a minimum, a review 
     shall be conducted whenever a motor carrier is among the 
     highest risk carriers for 2 consecutive months.''.
       (b) Conforming Amendment.--Section 4138 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (49 U.S.C. 31144 note) is repealed.

     SEC. 32608. DATA AND TECHNOLOGY GRANTS.

       (a) In General.--Section 31109 is amended to read as 
     follows:

     ``Sec.  31109. Data and technology grants

       ``(a) General Authority.--The Secretary of Transportation 
     shall establish and administer a data and technology grant 
     program to assist the States with the implementation and 
     maintenance of data systems. The Secretary shall allocate the 
     funds in accordance with section 31104.
       ``(b) Performance Goals.--The Secretary may make a grant to 
     a State to implement the performance and registration 
     information system management requirements of section 
     31106(b) to develop, implement, and maintain commercial 
     vehicle information systems and networks, and other 
     innovative technologies that the Secretary determines improve 
     commercial motor vehicle safety.
       ``(c) Eligibility.--To be eligible for a grant to implement 
     the requirements of section 31106(b), the State shall design 
     a program that--
       ``(1) links Federal motor carrier safety information 
     systems with the State's motor carrier information systems;
       ``(2) determines the safety fitness of a motor carrier or 
     registrant when licensing or registering the registrant or 
     motor carrier or while the license or registration is in 
     effect; and
       ``(3) denies, suspends, or revokes the commercial motor 
     vehicle registrations of a motor carrier or registrant that 
     was issued an operations out-of-service order by the 
     Secretary.
       ``(d) Required Participation.--The Secretary shall require 
     States that participate in the program under section 31106 
     to--
       ``(1) comply with the uniform policies, procedures, and 
     technical and operational standards prescribed by the 
     Secretary under section 31106(b);
       ``(2) possess or seek the authority to possess for a time 
     period not longer than determined reasonable by the 
     Secretary, to impose sanctions relating to commercial motor 
     vehicle registration on the basis of a Federal safety fitness 
     determination; and
       ``(3) establish and implement a process to cancel the motor 
     vehicle registration and seize the registration plates of a 
     vehicle when an employer is found liable under section 
     31310(j)(2)(C) for knowingly allowing or requiring an 
     employee to operate such a commercial motor vehicle in 
     violation of an out of service order.
       ``(e) Federal Share.--The total Federal share of the cost 
     of a project payable from all eligible Federal sources shall 
     be at least 80 percent.''.
       (b) Conforming Amendment.--The analysis of chapter 311 is 
     amended by striking the item relating to section 31109 and 
     inserting the following:

``31109. Data and technology grants.''.

     SEC. 32609. DRIVER SAFETY GRANTS.

       (a) Driver Focused Grant Program.--Section 31313 is amended 
     to read as follows:

     ``Sec.  31313. Driver safety grants

       ``(a) General Authority.--The Secretary shall make and 
     administer a driver focused grant program to assist the 
     States, local governments, entities, and other persons with 
     commercial driver's license systems, programs, training, 
     fraud detection, reporting of violations and other programs 
     required to improve the safety of drivers as the Federal 
     Motor Carrier Safety Administration deems critical. The 
     Secretary shall allocate the funds for the program in 
     accordance with section 31104.
       ``(b) Commercial Driver's License Program Improvement 
     Grants.--
       ``(1) Program goal.--The Secretary of Transportation may 
     make a grant to a State in a fiscal year--
       ``(A) to comply with the requirements of section 31311;
       ``(B) in the case of a State that is making a good faith 
     effort toward substantial compliance with the requirements of 
     this section and section 31311, to improve its implementation 
     of its commercial driver's license program;
       ``(C) for research, development demonstration projects, 
     public education, and other special activities and projects 
     relating to commercial driver licensing and motor vehicle 
     safety that are of benefit to all jurisdictions of the United 
     States or are designed to address national safety concerns 
     and circumstances;
       ``(D) for commercial driver's license program coordinators;
       ``(E) to implement or maintain a system to notify an 
     employer of an operator of a commercial motor vehicle of the 
     suspension or revocation of the operator's commercial 
     driver's license consistent with the standards developed 
     under section 32304(b) of the Commercial Motor Vehicle Safety 
     Enhancement Act of 2012; or
       ``(F) to train operators of commercial motor vehicles, as 
     defined under section 31301, and to train operators and 
     future operators in the safe use of such vehicles. Funding 
     priority for this discretionary grant program shall be to 
     regional or multi-state educational or nonprofit associations 
     serving economically distressed regions of the United States.
       ``(2) Priority.--The Secretary shall give priority, in 
     making grants under paragraph (1)(B), to a State that will 
     use the grants to achieve compliance with the requirements of 
     the Motor Carrier Safety Improvement Act of 1999 (113 Stat. 
     1748), including the amendments made by the Commercial Motor 
     Vehicle Safety Enhancement Act of 2012.
       ``(3) Recipients.--The Secretary may allocate grants to 
     State agencies, local governments, and other persons for 
     carrying out activities and projects that improve commercial 
     driver's license safety and compliance with commercial 
     driver's license and commercial motor vehicle safety 
     regulations in accordance with the program goals under 
     paragraph (1) and that train operators on commercial motor 
     vehicles. The Secretary may make a grant to a State to comply 
     with section 31311 for commercial driver's license program 
     coordinators and for notification systems.
       ``(4) Federal share.--The Federal share of a grant made 
     under this program shall be at least 80 percent, except that 
     the Federal share of grants for commercial driver license 
     program coordinators and training commercial motor vehicle 
     operators shall be 100 percent.''.
       (b) Conforming Amendment.--The analysis of chapter 313 is 
     amended by striking the item relating to section 31313 and 
     inserting the following:

``31313. Driver safety grants.''.

     SEC. 32610. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND 
                   NETWORKS.

       Not later than 6 months after the date of enactment of this 
     Act, the Secretary shall submit a report to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives that includes--

[[Page S1334]]

       (1) established time frames and milestones for resuming the 
     Commercial Vehicle Information Systems and Networks Program; 
     and
       (2) a strategic workforce plan for its grants management 
     office to ensure that it has determined the skills and 
     competencies that are critical to achieving its mission 
     goals.

           Subtitle G--Motorcoach Enhanced Safety Act of 2012

     SEC. 32701. SHORT TITLE.

       This subtitle may be cited as the ``Motorcoach Enhanced 
     Safety Act of 2012''.

     SEC. 32702. DEFINITIONS.

       In this subtitle:
       (1) Advanced glazing.--The term ``advanced glazing'' means 
     glazing installed in a portal on the side or the roof of a 
     motorcoach that is designed to be highly resistant to partial 
     or complete occupant ejection in all types of motor vehicle 
     crashes.
       (2) Bus.--The term ``bus'' has the meaning given the term 
     in section 571.3(b) of title 49, Code of Federal Regulations 
     (as in effect on the day before the date of enactment of this 
     Act).
       (3) Commercial motor vehicle.--Except as otherwise 
     specified, the term ``commercial motor vehicle'' has the 
     meaning given the term in section 31132(1) of title 49, 
     United States Code.
       (4) Direct tire pressure monitoring system.--The term 
     ``direct tire pressure monitoring system'' means a tire 
     pressure monitoring system that is capable of directly 
     detecting when the air pressure level in any tire is 
     significantly under-inflated and providing the driver a low 
     tire pressure warning as to which specific tire is 
     significantly under-inflated.
       (5) Electronic on-board recorder.--The term ``electronic 
     on-board recorder'' means an electronic device that acquires 
     and stores data showing the record of duty status of the 
     vehicle operator and performs the functions required of an 
     automatic on-board recording device in section 395.15(b) of 
     title 49, Code of Federal Regulations.
       (6) Event data recorder.--The term ``event data recorder'' 
     has the meaning given that term in section 563.5 of title 49, 
     Code of Federal Regulations.
       (7) Motor carrier.--The term ``motor carrier'' means--
       (A) a motor carrier (as defined in section 13102(14) of 
     title 49, United States Code); or
       (B) a motor private carrier (as defined in section 
     13102(15) of that title).
       (8) Motorcoach.--The term ``motorcoach'' has the meaning 
     given the term ``over-the-road bus'' in section 3038(a)(3) of 
     the Transportation Equity Act for the 21st Century (49 U.S.C. 
     5310 note), but does not include--
       (A) a bus used in public transportation provided by, or on 
     behalf of, a public transportation agency; or
       (B) a school bus, including a multifunction school activity 
     bus.
       (9) Motorcoach services.--The term ``motorcoach services'' 
     means passenger transportation by motorcoach for 
     compensation.
       (10) Multifunction school activity bus.--The term 
     ``multifunction school activity bus'' has the meaning given 
     the term in section 571.3(b) of title 49, Code of Federal 
     Regulations (as in effect on the day before the date of 
     enactment of this Act).
       (11) Portal.--The term ``portal'' means any opening on the 
     front, side, rear, or roof of a motorcoach that could, in the 
     event of a crash involving the motorcoach, permit the partial 
     or complete ejection of any occupant from the motorcoach, 
     including a young child.
       (12) Provider of motorcoach services.--The term ``provider 
     of motorcoach services'' means a motor carrier that provides 
     passenger transportation services with a motorcoach, 
     including per-trip compensation and contracted or chartered 
     compensation.
       (13) Public transportation.--The term ``public 
     transportation'' has the meaning given the term in section 
     5302 of title 49, United States Code.
       (14) Safety belt.--The term ``safety belt'' has the meaning 
     given the term in section 153(i)(4)(B) of title 23, United 
     States Code.
       (15) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.

     SEC. 32703. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION, 
                   PASSENGER EVACUATION, AND CRASH AVOIDANCE.

       (a) Regulations Required Within 1 Year.--Not later than 1 
     year after the date of enactment of this Act, the Secretary 
     shall prescribe regulations requiring safety belts to be 
     installed in motorcoaches at each designated seating 
     position.
       (b) Regulations Required Within 2 Years.--Not later than 2 
     years after the date of enactment of this Act, the Secretary 
     shall prescribe the following commercial motor vehicle 
     regulations:
       (1) Roof strength and crush resistance.--The Secretary 
     shall establish improved roof and roof support standards for 
     motorcoaches that substantially improve the resistance of 
     motorcoach roofs to deformation and intrusion to prevent 
     serious occupant injury in rollover crashes involving 
     motorcoaches.
       (2) Anti-ejection safety countermeasures.--The Secretary 
     shall require advanced glazing to be installed in each 
     motorcoach portal and shall consider other portal 
     improvements to prevent partial and complete ejection of 
     motorcoach passengers, including children. In prescribing 
     such standards, the Secretary shall consider the impact of 
     such standards on the use of motorcoach portals as a means of 
     emergency egress.
       (3) Rollover crash avoidance.--The Secretary shall require 
     motorcoaches to be equipped with stability enhancing 
     technology, such as electronic stability control and torque 
     vectoring, to reduce the number and frequency of rollover 
     crashes among motorcoaches.
       (c) Commercial Motor Vehicle Tire Pressure Monitoring 
     Systems.--Not later than 3 years after the date of enactment 
     of this Act, the Secretary shall prescribe the following 
     commercial vehicle regulation:
       (1) In general.--The Secretary shall require motorcoaches 
     to be equipped with direct tire pressure monitoring systems 
     that warn the operator of a commercial motor vehicle when any 
     tire exhibits a level of air pressure that is below a 
     specified level of air pressure established by the Secretary.
       (2) Performance requirements.--The regulation prescribed by 
     the Secretary under this subsection shall include performance 
     requirements to ensure that direct tire pressure monitoring 
     systems are capable of--
       (A) providing a warning to the driver when 1 or more tires 
     are underinflated;
       (B) activating in a specified time period after the 
     underinflation is detected; and
       (C) operating at different vehicle speeds.
       (d) Application of Regulations.--
       (1) New motorcoaches.--Any regulation prescribed in 
     accordance with subsection (a), (b), or (c) shall apply to 
     all motorcoaches manufactured more than 2 years after the 
     date on which the regulation is published as a final rule.
       (2) Retrofit requirements for existing motorcoaches.--
       (A) In general.--The Secretary may, by regulation, provide 
     for the application of any requirement established under 
     subsection (a) or (b)(2) to motorcoaches manufactured before 
     the date on which the requirement applies to new motorcoaches 
     under paragraph (1) based on an assessment of the 
     feasibility, benefits, and costs of retrofitting the older 
     motorcoaches.
       (B) Assessment.--The Secretary shall complete an assessment 
     with respect to safety belt retrofits not later than 1 year 
     after the date of enactment of this Act and with respect to 
     anti-ejection countermeasure retrofits not later than 2 years 
     after the date of enactment of this Act.
       (e) Failure To Meet Deadline.--If the Secretary determines 
     that a final rule cannot be issued before the deadline 
     established under this section, the Secretary shall--
       (1) submit a report to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives that explains 
     why the deadline cannot be met; and
       (2) establish a new deadline for the issuance of the final 
     rule.

     SEC. 32704. STANDARDS FOR IMPROVED FIRE SAFETY.

       (a) Evaluations.--Not later than 18 months after the date 
     of enactment of this Act, the Secretary shall initiate the 
     following rulemaking proceedings:
       (1) Flammability standard for exterior components.--The 
     Secretary shall establish requirements for fire hardening or 
     fire resistance of motorcoach exterior components to prevent 
     fire and smoke inhalation injuries to occupants.
       (2) Smoke suppression.--The Secretary shall update Federal 
     Motor Vehicle Safety Standard Number 302 (49 C.F.R. 571.302; 
     relating to flammability of interior materials) to improve 
     the resistance of motorcoach interiors and components to 
     burning and permit sufficient time for the safe evacuation of 
     passengers from motorcoaches.
       (3) Prevention of, and resistance to, wheel well fires.--
     The Secretary shall establish requirements--
       (A) to prevent and mitigate the propagation of wheel well 
     fires into the passenger compartment; and
       (B) to substantially reduce occupant deaths and injuries 
     from such fires.
       (4) Automatic fire suppression.--The Secretary shall 
     establish requirements for motorcoaches to be equipped with 
     highly effective fire suppression systems that automatically 
     respond to and suppress all fires in such motorcoaches.
       (5) Passenger evacuation.--The Secretary shall establish 
     requirements for motorcoaches to be equipped with--
       (A) improved emergency exit window, door, roof hatch, and 
     wheelchair lift door designs to expedite access and use by 
     passengers of motorcoaches under all emergency circumstances, 
     including crashes and fires; and
       (B) emergency interior lighting systems, including 
     luminescent or retroreflectorized delineation of evacuation 
     paths and exits, which are triggered by a crash or other 
     emergency incident to accomplish more rapid and effective 
     evacuation of passengers.
       (6) Causation and prevention of motorcoach fires.--The 
     Secretary shall examine the principle causes of motorcoach 
     fires and vehicle design changes intended to reduce the 
     number of motorcoach fires resulting from those principle 
     causes.
       (b) Deadline.--Not later than 42 months after the date of 
     enactment of this Act, the Secretary shall--
       (1) issue final rules in accordance with subsection (a); or
       (2) if the Secretary determines that any standard is not 
     warranted based on the requirements and considerations set 
     forth in subsection (a) and (b) of section 30111 of title 49, 
     United States Code, submit a report that describes the 
     reasons for not prescribing such a standard to--

[[Page S1335]]

       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Energy and Commerce of the House of 
     Representatives.
       (c) Tire Performance Standard.--Not later than 3 years 
     after the date of enactment of this Act, the Secretary 
     shall--
       (1) issue a final rule upgrading performance standards for 
     tires used on motorcoaches, including an enhanced endurance 
     test and a new high-speed performance test; or
       (2) if the Secretary determines that a standard is not 
     warranted based on the requirements and considerations set 
     forth in subsections (a) and (b) of section 30111 of title 
     49, United States Code, submit a report that describes the 
     reasons for not prescribing such a standard to--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Energy and Commerce of the House of 
     Representatives.

     SEC. 32705. OCCUPANT PROTECTION, COLLISION AVOIDANCE, FIRE 
                   CAUSATION, AND FIRE EXTINGUISHER RESEARCH AND 
                   TESTING.

       (a) Safety Research Initiatives.--Not later than 2 years 
     after the date of enactment of this Act, the Secretary shall 
     complete the following research and testing:
       (1) Improved fire extinguishers.--The Secretary shall 
     research and test the need to install improved fire 
     extinguishers or other readily available firefighting 
     equipment in motorcoaches to effectively extinguish fires in 
     motorcoaches and prevent passenger deaths and injuries.
       (2) Interior impact protection.--The Secretary shall 
     research and test enhanced occupant impact protection 
     standards for motorcoach interiors to reduce substantially 
     serious injuries for all passengers of motorcoaches.
       (3) Compartmentalization safety countermeasures.--The 
     Secretary shall require enhanced compartmentalization safety 
     countermeasures for motorcoaches, including enhanced seating 
     designs, to substantially reduce the risk of passengers being 
     thrown from their seats and colliding with other passengers, 
     interior surfaces, and components in the event of a crash 
     involving a motorcoach.
       (4) Collision avoidance systems.--The Secretary shall 
     research and test forward and lateral crash warning systems 
     applications for motorcoaches.
       (b) Rulemaking.--Not later than 2 years after the 
     completion of each research and testing initiative required 
     under subsection (a), the Secretary shall issue final motor 
     vehicle safety standards if the Secretary determines that 
     such standards are warranted based on the requirements and 
     considerations set forth in subsections (a) and (b) of 
     section 30111 of title 49, United States Code.

     SEC. 32706. MOTORCOACH REGISTRATION.

       (a) Registration Requirements.--Section 13902(b) is 
     amended--
       (1) by redesignating paragraphs (1) through (8) as 
     paragraphs (4) through (11), respectively; and
       (2) by inserting before paragraph (4), as redesignated, the 
     following:
       ``(1) Additional registration requirements for providers or 
     motorcoach services.--In addition to meeting the requirements 
     under subsection (a)(1), the Secretary may not register a 
     person to provide motorcoach services until after the 
     person--
       ``(A) undergoes a preauthorization safety audit, including 
     verification, in a manner sufficient to demonstrate the 
     ability to comply with Federal rules and regulations, of--
       ``(i) a drug and alcohol testing program under part 40 of 
     title 49, Code of Federal Regulations;
       ``(ii) the carrier's system of compliance with hours-of-
     service rules, including hours-of-service records;
       ``(iii) the ability to obtain required insurance;
       ``(iv) driver qualifications, including the validity of the 
     commercial driver's license of each driver who will be 
     operating under such authority;
       ``(v) disclosure of common ownership, common control, 
     common management, common familial relationship, or other 
     corporate relationship with another motor carrier or 
     applicant for motor carrier authority during the past 3 
     years;
       ``(vi) records of the State inspections, or of a Level I or 
     V Commercial Vehicle Safety Alliance Inspection, for all 
     vehicles that will be operated by the carrier;
       ``(vii) safety management programs, including vehicle 
     maintenance and repair programs; and
       ``(viii) the ability to comply with the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and the 
     Over-the-Road Bus Transportation Accessibility Act of 2007 
     (122 Stat. 2915);
       ``(B) has been interviewed to review safety management 
     controls and the carrier's written safety oversight policies 
     and practices; and
       ``(C) through the successful completion of a written 
     examination developed by the Secretary, has demonstrated 
     proficiency to comply with and carry out the requirements and 
     regulations described in subsection (a)(1).
       ``(2) Pre-authorization safety audit.--The pre-
     authorization safety audit required under paragraph (1)(A) 
     shall be completed on-site not later than 90 days following 
     the submission of an application for operating authority.
       ``(3) Fee.--The Secretary may establish, under section 9701 
     of title 31, a fee of not more than $1,200 for new 
     registrants that as nearly as possible covers the costs of 
     performing a preauthorization safety audit. Amounts collected 
     under this subsection shall be deposited in the Highway Trust 
     Fund (other than the Mass Transit Account).''.
       (b) Safety Reviews of New Operators.--Section 31144(g)(1) 
     is amended by inserting ``transporting property'' after 
     ``each operator''.
       (c) Conforming Amendment.--Section 24305(a)(3)(A)(i) is 
     amended by striking ``section 13902(b)(8)(A)'' and inserting 
     ``section 13902(b)(11)(A)''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect 1 year after the date of enactment of this 
     Act.

     SEC. 32707. IMPROVED OVERSIGHT OF MOTORCOACH SERVICE 
                   PROVIDERS.

       (a) Safety Reviews.--Section 31144, as amended by sections 
     32204 and 32604 of this Act, is amended by adding at the end 
     the following:
       ``(j) Periodic Safety Reviews of Providers of Motorcoach 
     Services.--
       ``(1) Safety review.--
       ``(A) In general.--The Secretary shall--
       ``(i) determine the safety fitness of all providers of 
     motorcoach services registered with the Federal Motor Carrier 
     Safety Administration through a simple and understandable 
     rating system that allows motorcoach passengers to compare 
     the safety performance of motorcoach operators; and
       ``(ii) assign a safety fitness rating to each such 
     provider.
       ``(B) Applicability.--Subparagraph (A) shall apply--
       ``(i) to any provider of motorcoach services registered 
     with the Administration after the date of enactment of the 
     Motorcoach Enhanced Safety Act of 2012 beginning not later 
     than 2 years after the date of such registration; and
       ``(ii) to any provider of motorcoach services registered 
     with the Administration on or before the date of enactment of 
     that Act beginning not later than 3 years after the date of 
     enactment of that Act.
       ``(2) Periodic review.--The Secretary shall establish, by 
     regulation, a process for monitoring the safety performance 
     of each provider of motorcoach services on a regular basis 
     following the assignment of a safety fitness rating, 
     including progressive intervention to correct unsafe 
     practices.
       ``(3) Enforcement strike forces.--In addition to the 
     enhanced monitoring and enforcement actions required under 
     paragraph (2), the Secretary may organize special enforcement 
     strike forces targeting providers of motorcoach services.
       ``(4) Periodic update of safety fitness rating.--In 
     conducting the safety reviews required under this subsection, 
     the Secretary shall--
       ``(A) reassess the safety fitness rating of each provider 
     not less frequently than once every 3 years; and
       ``(B) annually assess the safety fitness of certain 
     providers of motorcoach services that serve primarily urban 
     areas with high passenger loads.
       ``(5) Motorcoach services defined.--In this subsection, the 
     term `provider of motorcoach services' has the meaning given 
     such term in section 32702 of the Motorcoach Enhanced Safety 
     Act of 2012.''.
       (b) Disclosure of Safety Performance Ratings of Motorcoach 
     Services and Operations.--
       (1) In general.--Subchapter I of chapter 141 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec.  14105. Safety performance ratings of motorcoach 
       services and operations

       ``(a) Definitions.--In this section:
       ``(1) Motorcoach.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `motorcoach' has the meaning given to the term 
     `over-the-road bus' in section 3038(a)(3) of the 
     Transportation Equity Act for the 21st Century (49 U.S.C. 
     5310 note).
       ``(B) Exclusions.--The term `motorcoach' does not include--
       ``(i) a bus used in public transportation that is provided 
     by a State or local government; or
       ``(ii) a school bus (as defined in section 30125(a)(1)), 
     including a multifunction school activity bus.
       ``(2) Motorcoach services and operations.--The term 
     `motorcoach services and operations' means passenger 
     transportation by a motorcoach for compensation.
       ``(b) Display of Motor Carrier Identification.--
       ``(1) Requirement.--Beginning on the date that is 1 year 
     after the date of the enactment of the Moving Ahead for 
     Progress in the 21st Century Act, no person may sell or offer 
     to sell interstate motorcoach transportation services, or 
     provide broker services related to such transportation, 
     unless the person, at the point of sale or provision of 
     broker services, conspicuously displays--
       ``(A) the legal name and USDOT number of the single motor 
     carrier responsible for the transportation and for compliance 
     with the Federal Motor Carrier Safety Regulations under parts 
     350 through 399 of title 49, Code of Federal Regulations; and
       ``(B) the URL for the Federal Motor Carrier Safety 
     Administration's public website where the Administration has 
     posted motor carrier and commercial motor vehicle driver 
     scores in the Safety Measurement System.
       ``(2) Civil penalties.--A person who violates paragraph (1) 
     shall be liable for civil

[[Page S1336]]

     penalties to the same extent as a person who does not prepare 
     a record in the form and manner prescribed under section 
     14901(a).
       ``(c) Rulemaking.--
       ``(1) In general.--Not later than 2 years after the date on 
     which the safety fitness determination rule is implemented, 
     the Secretary shall require, by regulation--
       ``(A) each motor carrier that owns or leases 1 or more 
     motorcoaches that transport passengers subject to the 
     Secretary's jurisdiction under section 13501 to prominently 
     display the safety fitness rating assigned under section 
     31144(j)(1)(A)(ii)--
       ``(i) in each terminal of departure;
       ``(ii) in the motorcoach and visible from a position 
     exterior to the vehicle at the point of departure, if the 
     motorcoach does not depart from a terminal; and
       ``(iii) at all points of sale for such motorcoach services 
     and operations; and
       ``(B) any person who sells tickets for motorcoach services 
     and operations to display the rating system described in 
     subparagraph (A) at all points of sale for such motorcoach 
     services and operations.
       ``(2) Items included in the rulemaking.--In promulgating 
     safety performance ratings for motorcoaches pursuant to the 
     rulemaking required under paragraph (1), the Secretary shall 
     consider--
       ``(A) the need and extent to which safety performance 
     ratings should be made available in languages other than 
     English; and
       ``(B) penalties authorized under section 521.
       ``(3) Insufficient inspections.--Any motor carrier for 
     which insufficient safety data is available shall display a 
     label that states that the carrier has sufficiently passed 
     the preauthorization safety audit required under section 
     13902(b)(1)(A).
       ``(d) Effect on State and Local Law.--Nothing in this 
     section may be construed to preempt a State, or a political 
     subdivision of a State, from enforcing any requirements 
     concerning the manner and content of consumer information 
     provided by motor carriers that are not subject to the 
     Secretary's jurisdiction under section 13501.''.
       (2) Clerical amendment.--The analysis of chapter 141 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 14104 the following:

``Sec. 14105. Safety performance ratings of motorcoach services and 
              operations.''.

     SEC. 32708. REPORT ON FEASIBILITY, BENEFITS, AND COSTS OF 
                   ESTABLISHING A SYSTEM OF CERTIFICATION OF 
                   TRAINING PROGRAMS.

       Not later than 2 years after the date of the enactment of 
     this Act, the Secretary shall submit a report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives that describes the 
     feasibility, benefits, and costs of establishing a system of 
     certification of public and private schools and of motor 
     carriers and motorcoach operators that provide motorcoach 
     driver training.

     SEC. 32709. REPORT ON DRIVER'S LICENSE REQUIREMENTS FOR 9- TO 
                   15-PASSENGER VANS.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives that examines requiring all 
     or certain classes of drivers operating a vehicle, which is 
     designed or used to transport not fewer than 9 and not more 
     than 15 passengers (including a driver) in interstate 
     commerce, to have a commercial driver's license passenger-
     carrying endorsement and be tested in accordance with a drug 
     and alcohol testing program under part 40 of title 49, Code 
     of Federal Regulations.
       (b) Considerations.--In developing the report under 
     subsection (a), the Secretary shall consider--
       (1) the safety benefits of the requirement described in 
     subsection (a);
       (2) the scope of the population that would be impacted by 
     such requirement;
       (3) the cost to the Federal Government and State 
     governments to meet such requirement; and
       (4) the impact on safety benefits and cost from limiting 
     the application of such requirement to certain drivers of 
     such vehicles, such as drivers who are compensated for 
     driving.

     SEC. 32710. EVENT DATA RECORDERS.

       (a) Evaluation.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, after considering the 
     performance requirements for event data recorders for 
     passenger vehicles under part 563 of title 49, Code of 
     Federal Regulations, shall complete an evaluation of event 
     data recorders, including requirements regarding specific 
     types of vehicle operations, events and incidents, and 
     systems information to be recorded, for event data recorders 
     to be used on motorcoaches used by motor carriers in 
     interstate commerce.
       (b) Standards and Regulations.--Not later than 2 years 
     after completing the evaluation required under subsection 
     (a), the Secretary shall issue standards and regulations 
     based on the results of that evaluation.

     SEC. 32711. SAFETY INSPECTION PROGRAM FOR COMMERCIAL MOTOR 
                   VEHICLES OF PASSENGERS.

       Not later than 3 years after the date of enactment of this 
     Act, the Secretary shall complete a rulemaking proceeding to 
     consider requiring States to conduct annual inspections of 
     commercial motor vehicles designed or used to transport 
     passengers, including an assessment of--
       (1) the risks associated with improperly maintained or 
     inspected commercial motor vehicles designed or used to 
     transport passengers;
       (2) the effectiveness of existing Federal standards for the 
     inspection of such vehicles in--
       (A) mitigating the risks described in paragraph (1); and
       (B) ensuring the safe and proper operation condition of 
     such vehicles; and
       (3) the costs and benefits of a mandatory State inspection 
     program.

     SEC. 32712. DISTRACTED DRIVING.

       (a) In General.--Chapter 311, as amended by sections 32113, 
     32508, and 32512 of this Act, is amended by adding after 
     section 31154 the following:

     ``Sec.  31155. Regulation of the use of distracting devices 
       in motorcoaches

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of the Motorcoach Enhanced Safety Act of 2012, the 
     Secretary of Transportation shall prescribe regulations on 
     the use of electronic or wireless devices, including cell 
     phones and other distracting devices, by an individual 
     employed as the operator of a motorcoach (as defined in 
     section 32702 of that Act).
       ``(b) Basis for Regulations.--The Secretary shall base the 
     regulations prescribed under subsection (a) on accident data 
     analysis, the results of ongoing research, and other 
     information, as appropriate.
       ``(c) Prohibited Use.--Except as provided under subsection 
     (d), the Secretary shall prohibit the use of the devices 
     described in subsection (a) in circumstances in which the 
     Secretary determines that their use interferes with a 
     driver's safe operation of a motorcoach.
       ``(d) Permitted Use.--The Secretary may permit the use of a 
     device that is otherwise prohibited under subsection (c) if 
     the Secretary determines that such use is necessary for the 
     safety of the driver or the public in emergency 
     circumstances.''.
       (b) Conforming Amendment.--The analysis for chapter 311 is 
     amended by inserting after the item relating to section 31154 
     the following:

``31155. Regulation of the use of distracting devices in 
              motorcoaches.''.

     SEC. 32713. REGULATIONS.

       Any standard or regulation prescribed or modified pursuant 
     to the Motorcoach Enhanced Safety Act of 2012 shall be 
     prescribed or modified in accordance with section 553 of 
     title 5, United States Code.

       Subtitle H--Safe Highways and Infrastructure Preservation

     SEC. 32801. COMPREHENSIVE TRUCK SIZE AND WEIGHT LIMITS STUDY.

       (a) Truck Size and Weight Limits Study.--Not later than 90 
     days after the date of enactment of this Act, the Secretary, 
     in consultation with each relevant State and other applicable 
     Federal agencies, shall commence a comprehensive truck size 
     and weight limits study. The study shall--
       (1) provide data on accident frequency and factors related 
     to accident risk of each route of the National Highway System 
     in each State that allows a vehicle to operate with size and 
     weight limits that are in excess of the Federal law and 
     regulations and its correlation to truck size and weight 
     limits;
       (2) evaluate the impacts to the infrastructure of each 
     route of the National Highway System in each State that 
     allows a vehicle to operate with size and weight limits that 
     are in excess of the Federal law and regulations, including--
       (A) an analysis that quantifies the cost and benefits of 
     the impacts in dollars;
       (B) an analysis of the percentage of trucks operating in 
     excess of the Federal size and weight limits; and
       (C) an analysis that examines the ability of each State to 
     recover the cost for the impacts, or the benefits incurred;
       (3) evaluate the impacts and frequency of violations in 
     excess of the Federal size and weight law and regulations to 
     determine the cost of the enforcement of the law and 
     regulations, and the effectiveness of the enforcement 
     methods;
       (4) examine the relationship between truck performance and 
     crash involvement and its correlation to Federal size and 
     weight limits, including the impacts on crashes;
       (5) assess the impacts that truck size and weight limits in 
     excess of the Federal law and regulations have in the risk of 
     bridge failure contributing to the structural deficiencies of 
     bridges or in the useful life of a bridge, including the 
     impacts resulting from the number of bridge loadings;
       (6) analyze the impacts on safety and infrastructure in 
     each State that allows a truck to operate in excess of 
     Federal size and weight limitations in truck-only lanes;
       (7) compare and contrast the safety and infrastructure 
     impacts of the Federal limits regarding truck size and weight 
     limits in relation to--
       (A) six-axle and other alternative configurations of 
     tractor-trailers; and
       (B) safety records of foreign nations with truck size and 
     weight limits and tractor-trailer configurations that differ 
     from the Federal law and regulations; and
       (8) estimate--
       (A) the extent to which freight would be diverted from 
     other surface transportation modes to principal arterial 
     routes and National Highway System intermodal connectors if 
     each covered truck configuration is

[[Page S1337]]

     allowed to operate and the effect that any such diversion 
     would have on other modes of transportation;
       (B) the effect that any such diversion would have on public 
     safety, infrastructure, cost responsibilities, fuel 
     efficiency, and the environment;
       (C) the effect on the transportation network of the United 
     States that allowing each covered truck configuration to 
     operate would have; and
       (D) whether allowing each covered truck configuration to 
     operate would result in an increase or decrease in the total 
     number of trucks operating on principal arterial routes and 
     National Highway System intermodal connectors; and
       (9) identify all Federal rules and regulations impacted by 
     changes in truck size and weight limits.
       (b) Report.--Not later than 2 years after the date that the 
     study is commenced under subsection (a), the Secretary shall 
     submit a final report on the study, including all findings 
     and recommendations, to the Committee on Commerce, Science, 
     and Transportation and the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.

     SEC. 32802. COMPILATION OF EXISTING STATE TRUCK SIZE AND 
                   WEIGHT LIMIT LAWS.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the States, shall begin to compile--
       (1) a list for each State, as applicable, that describes 
     each route of the National Highway System that allows a 
     vehicle to operate in excess of the Federal truck size and 
     weight limits that--
       (A) was authorized under State law on or before the date of 
     enactment of this Act; and
       (B) was in actual and lawful operation on a regular or 
     periodic basis (including seasonal operations) on or before 
     the date of enactment of this Act;
       (2) a list for each State, as applicable, that describes--
       (A) the size and weight limitations applicable to each 
     segment of the National Highway System in that State as 
     listed under paragraph (1);
       (B) each combination that exceeds the Interstate weight 
     limit, but that the Department of Transportation, other 
     Federal agency, or a State agency has determined on or before 
     the date of enactment of this Act, could be or could have 
     been lawfully operated in the State; and
       (C) each combination that exceeds the Interstate weight 
     limit, but that the Secretary determines could have been 
     lawfully operated on a non-Interstate segment of the National 
     Highway System in the State on or before the date of 
     enactment of this Act; and
       (3) a list of each State law that designates or allows 
     designation of size and weight limitations in excess of 
     Federal law and regulations on routes of the National Highway 
     System, including nondivisible loads.
       (b) Specifications.--The Secretary, in consultation with 
     the States, shall specify whether the determinations under 
     paragraphs (1) and (2) of subsection (a) were made by the 
     Department of Transportation, other Federal agency, or a 
     State agency.
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit a final 
     report of the compilation under subsection (a) to the 
     Committee on Commerce, Science, and Transportation and the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives.

                       Subtitle I--Miscellaneous

                         PART I--MISCELLANEOUS

     SEC. 32911. DETENTION TIME STUDY.

       (a) Study.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall task the Motor 
     Carrier Safety Advisory Committee to study the extent to 
     which detention time contributes to drivers violating hours 
     of service requirements and driver fatigue. In conducting 
     this study, the Committee shall--
       (1) examine data collected from driver and vehicle 
     inspections;
       (2) consult with--
       (A) motor carriers and drivers, shippers, and 
     representatives of ports and other facilities where goods are 
     loaded and unloaded;
       (B) government officials; and
       (C) other parties as appropriate; and
       (3) provide recommendations to the Secretary for addressing 
     issues identified in the study.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall provide a report 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives that includes 
     recommendations for legislation and for addressing the 
     results of the study.

     SEC. 32912. PROHIBITION OF COERCION.

       Section 31136(a) is amended by--
       (1) striking ``and'' at the end of paragraph (3);
       (2) striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (3) adding after subsection (4) the following:
       ``(5) an operator of a commercial motor vehicle is not 
     coerced by a motor carrier, shipper, receiver, or 
     transportation intermediary to operate a commercial motor 
     vehicle in violation of a regulation promulgated under this 
     section, or chapter 51 or chapter 313 of this title.''.

     SEC. 32913. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

       (a) Membership.--Section 4144(b)(1) of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (49 U.S.C. 31100 note), is amended by 
     inserting ``nonprofit employee labor organizations 
     representing commercial motor vehicle drivers,'' after 
     ``industry,''.
       (b) Termination Date.--Section 4144(d) of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (49 U.S.C. 31100 note), is amended by 
     striking ``March 31, 2012'' and inserting ``September 30, 
     2013''.

     SEC. 32914. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS.

       (a) Waiver Standards.--Section 31315(a) is amended--
       (1) by inserting ``and'' at the end of paragraph (2);
       (2) by striking paragraph (3); and
       (3) redesignating paragraph (4) as paragraph (3).
       (b) Exemption Standards.--Section 31315(b)(4) is amended--
       (1) in subparagraph (A), by inserting ``(or, in the case of 
     a request for an exemption from the physical qualification 
     standards for commercial motor vehicle drivers, post on a web 
     site established by the Secretary to implement the 
     requirements of section 31149)'' after ``Federal Register'';
       (2) by amending subparagraph (B) to read as follows:
       ``(B) Upon granting a request.--Upon granting a request and 
     before the effective date of the exemption, the Secretary 
     shall publish in the Federal Register (or, in the case of an 
     exemption from the physical qualification standards for 
     commercial motor vehicle drivers, post on a web site 
     established by the Secretary to implement the requirements of 
     section 31149) the name of the person granted the exemption, 
     the provisions from which the person is exempt, the effective 
     period, and the terms and conditions of the exemption.''; and
       (3) in subparagraph (C), by inserting ``(or, in the case of 
     a request for an exemption from the physical qualification 
     standards for commercial motor vehicle drivers, post on a web 
     site established by the Secretary to implement the 
     requirements of section 31149)'' after ``Federal Register''.
       (c) Providing Notice of Exemptions to State Personnel.--
     Section 31315(b)(7) is amended to read as follows:
       ``(7) Notification of state compliance and enforcement 
     personnel.--Before the effective date of an exemption, the 
     Secretary shall notify a State safety compliance and 
     enforcement agency, and require the agency pursuant to 
     section 31102(b)(1)(Y) to notify the State's roadside 
     inspectors, that a person will be operating pursuant to an 
     exemption and the terms and conditions that apply to the 
     exemption.''.
       (d) Pilot Programs.--Section 31315(c)(1) is amended by 
     striking ``in the Federal Register''.
       (e) Report to Congress.--Section 31315 is amended by adding 
     after subsection (d) the following:
       ``(e) Report to Congress.--The Secretary shall submit an 
     annual report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives listing the waivers, exemptions, and pilot 
     programs granted under this section, and any impacts on 
     safety.
       ``(f) Web Site.--The Secretary shall ensure that the 
     Federal Motor Carrier Safety Administration web site includes 
     a link to the web site established by the Secretary to 
     implement the requirements under sections 31149 and 31315. 
     The link shall be in a clear and conspicuous location on the 
     home page of the Federal Motor Carrier Safety Administration 
     web site and be easily accessible to the public.''.

     SEC. 32915. REGISTRATION REQUIREMENTS.

       (a) Requirements for Registration.--Section 13901 is 
     amended to read as follows:

     ``Sec.  13901. Requirements for registration

       ``(a) In General.--A person may not provide transportation 
     as a motor carrier subject to jurisdiction under subchapter I 
     of chapter 135 or service as a freight forwarder subject to 
     jurisdiction under subchapter III of such chapter, or be a 
     broker for transportation subject to jurisdiction under 
     subchapter I of such chapter unless the person is registered 
     under this chapter to provide such transportation or service.
       ``(b) Registration Numbers.--
       ``(1) In general.--If the Secretary registers a person 
     under this chapter to provide transportation or service, 
     including as a motor carrier, freight forwarder, or broker, 
     the Secretary shall issue a distinctive registration number 
     to the person for each such authority to provide 
     transportation or service for which the person is registered.
       ``(2) Transportation or service type indicator.--A number 
     issued under paragraph (1) shall include an indicator of the 
     type of transportation or service for which the registration 
     number is issued, including whether the registration number 
     is issued for registration of a motor carrier, freight 
     forwarder, or broker.
       ``(c) Specification of Authority.--For each agreement to 
     provide transportation or service for which registration is 
     required under this chapter, the registrant shall

[[Page S1338]]

     specify, in writing, the authority under which the person is 
     providing such transportation or service.''.
       (b) Availability of Information.--
       (1) In general.--Chapter 139 is amended by adding at the 
     end the following:

     ``Sec.  13909. Availability of information

       ``The Secretary shall make information relating to 
     registration and financial security required by this chapter 
     publicly available on the Internet, including
       ``(1) the names and business addresses of the principals of 
     each entity holding such registration; and
       ``(2) the electronic address of the entity's surety 
     provider for the submission of claims.''.
       (2) Conforming amendment.--The analysis for chapter 139 is 
     amended by adding at the end the following:

``13909. Availability of information.''.

     SEC. 32916. ADDITIONAL MOTOR CARRIER REGISTRATION 
                   REQUIREMENTS.

       Section 13902, as amended by sections 32101 and 32107(a) of 
     this Act, is amended
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``using self-propelled 
     vehicles the motor carrier owns or leases'' after ``motor 
     carrier''; and
       (B) by adding at the end the following:
       ``(6) Separate registration required.--A motor carrier may 
     not broker transportation services unless the motor carrier 
     has registered as a broker under this chapter.''; and
       (2) by inserting after subsection (h) the following:
       ``(i) Registration as Freight Forwarder or Broker 
     Required.--A motor carrier registered under this chapter
       ``(1) may only provide transportation of property with 
     self-propelled motor vehicles owned or leased by the motor 
     carrier or interchanges under regulations issued by the 
     Secretary if the originating carrier--
       ``(A) physically transports the cargo at some point; and
       ``(B) retains liability for the cargo and for payment of 
     interchanged carriers; and
       ``(2) may not arrange transportation described in paragraph 
     (1) unless the motor carrier has obtained a separate 
     registration as a freight forwarder or broker for 
     transportation under section 13903 or 13904, as 
     applicable.''.

     SEC. 32917. REGISTRATION OF FREIGHT FORWARDERS AND BROKERS.

       (a) Registration of Freight Forwarders.--Section 13903, as 
     amended by section 32107(b) of this Act, is amended--
       (1) in subsection (a)--
       (A) by striking ``finds that the person is fit'' and 
     inserting the following: ``determines that the person
       ``(1) has sufficient experience to qualify the person to 
     act as a freight forwarder; and
       ``(2) is fit''; and
       (B) by striking ``and the Board'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (d) and (e), respectively;
       (3) by inserting after subsection (a) the following:
       ``(b) Duration.--A registration issued under subsection (a) 
     shall only remain in effect while the freight forwarder is in 
     compliance with section 13906(c).
       ``(c) Experience or Training Requirement.--Each freight 
     forwarder shall employ, as an officer, an individual who
       ``(1) has at least 3 years of relevant experience; or
       ``(2) provides the Secretary with satisfactory evidence of 
     the individual's knowledge of related rules, regulations, and 
     industry practices.''; and
       (4) by amending subsection (d), as redesignated, to read as 
     follows:
       ``(d) Registration as Motor Carrier Required.--A freight 
     forwarder may not provide transportation as a motor carrier 
     unless the freight forwarder has registered separately under 
     this chapter to provide transportation as a motor carrier.''.
       (b) Registration of Brokers.--Section 13904, as amended by 
     section 32107(c) of this Act, is amended--
       (1) in subsection (a), by striking ``finds that the person 
     is fit'' and inserting the following: ``determines that the 
     person
       ``(1) has sufficient experience to qualify the person to 
     act as a broker for transportation; and
       ``(2) is fit'';
       (2) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (d), (e), (f), and (g) respectively;
       (3) by inserting after subsection (a) the following:
       ``(b) Duration.--A registration issued under subsection (a) 
     shall only remain in effect while the broker for 
     transportation is in compliance with section 13906(b).
       ``(c) Experience or Training Requirements.--Each broker 
     shall employ, as an officer, an individual who
       ``(1) has at least 3 years of relevant experience; or
       ``(2) provides the Secretary with satisfactory evidence of 
     the individual's knowledge of related rules, regulations, and 
     industry practices.''; and
       (4) by amending subsection (d), as redesignated, to read as 
     follows:
       ``(d) Registration as Motor Carrier Required.--A broker for 
     transportation may not provide transportation as a motor 
     carrier unless the broker has registered separately under 
     this chapter to provide transportation as a motor carrier.''.

     SEC. 32918. EFFECTIVE PERIODS OF REGISTRATION.

       Section 13905(c) is amended to read as follows:
       ``(c) Effective Period.--
       ``(1) In general.--Except as otherwise provided in this 
     part, each registration issued under section 13902, 13903, or 
     13904--
       ``(A) shall be effective beginning on the date specified by 
     the Secretary; and
       ``(B) shall remain in effect for such period as the 
     Secretary determines appropriate by regulation.
       ``(2) Reissuance of registration.--
       ``(A) Requirement.--Not later than 4 years after the date 
     of the enactment of the Commercial Motor Vehicle Safety 
     Enhancement Act of 2012, the Secretary shall require a 
     freight forwarder or broker to renew its registration issued 
     under this chapter.
       ``(B) Effective period.--Each registration renewal under 
     subparagraph (A)--
       ``(i) shall expire not later than 5 years after the date of 
     such renewal; and
       ``(ii) may be further renewed as provided under this 
     chapter.
       ``(3) Registration update.--The Secretary shall require a 
     motor carrier, freight forwarder, or broker to update its 
     registration under this chapter periodically or not later 
     than 30 days after any change in address, other contact 
     information, officers, process agent, or other essential 
     information, as determined by the Secretary and published in 
     the Federal Register.''.

     SEC. 32919. FINANCIAL SECURITY OF BROKERS AND FREIGHT 
                   FORWARDERS.

       (a) In General.--Section 13906 is amended by striking 
     subsections (b) and (c) and inserting the following:
       ``(b) Broker Financial Security Requirements.--
       ``(1) Requirements.--
       ``(A) In general.--The Secretary may register a person as a 
     broker under section 13904 only if the person files with the 
     Secretary a surety bond, proof of trust fund, or other 
     financial security, or a combination thereof, in a form and 
     amount, and from a provider, determined by the Secretary to 
     be adequate to ensure financial responsibility.
       ``(B) Use of a group surety bond, trust fund, or other 
     surety.--In implementing the standards established by 
     subparagraph (A), the Secretary may authorize the use of a 
     group surety bond, trust fund, or other financial security, 
     or a combination thereof, that meets the requirements of this 
     subsection.
       ``(C) Surety bonds.--A surety bond obtained under this 
     section may only be obtained from a bonding company that has 
     been approved by the Secretary of the Treasury.
       ``(D) Proof of trust or other financial security.--For 
     purposes of subparagraph (A), a trust fund or other financial 
     security may be acceptable to the Secretary only if the trust 
     fund or other financial security consists of assets readily 
     available to pay claims without resort to personal guarantees 
     or collection of pledged accounts receivable.
       ``(2) Scope of financial responsibility.--
       ``(A) Payment of claims.--A surety bond, trust fund, or 
     other financial security obtained under paragraph (1) shall 
     be available to pay any claim against a broker arising from 
     its failure to pay freight charges under its contracts, 
     agreements, or arrangements for transportation subject to 
     jurisdiction under chapter 135 if
       ``(i) subject to the review by the surety provider, the 
     broker consents to the payment;
       ``(ii) in any case in which the broker does not respond to 
     adequate notice to address the validity of the claim, the 
     surety provider determines that the claim is valid; or
       ``(iii) the claim is not resolved within a reasonable 
     period of time following a reasonable attempt by the claimant 
     to resolve the claim under clauses (i) and (ii), and the 
     claim is reduced to a judgment against the broker.
       ``(B) Response of surety providers to claims.--If a surety 
     provider receives notice of a claim described in subparagraph 
     (A), the surety provider shall
       ``(i) respond to the claim on or before the 30th day 
     following the date on which the notice was received; and
       ``(ii) in the case of a denial, set forth in writing for 
     the claimant the grounds for the denial.
       ``(C) Costs and attorney's fees.--In any action against a 
     surety provider to recover on a claim described in 
     subparagraph (A), the prevailing party shall be entitled to 
     recover its reasonable costs and attorney's fees.
       ``(3) Minimum financial security.--Each broker subject to 
     the requirements of this section shall provide financial 
     security of $100,000 for purposes of this subsection, 
     regardless of the number of branch offices or sales agents of 
     the broker.
       ``(4) Cancellation notice.--If a financial security 
     required under this subsection is canceled
       ``(A) the holder of the financial security shall provide 
     electronic notification to the Secretary of the cancellation 
     not later than 30 days before the effective date of the 
     cancellation; and
       ``(B) the Secretary shall immediately post such 
     notification on the public Internet Website of the Department 
     of Transportation.
       ``(5) Suspension.--The Secretary shall immediately suspend 
     the registration of a broker issued under this chapter if the 
     available financial security of that person falls below the 
     amount required under this subsection.
       ``(6) Payment of claims in cases of financial failure or 
     insolvency.--If a broker

[[Page S1339]]

     registered under this chapter experiences financial failure 
     or insolvency, the surety provider of the broker shall
       ``(A) submit a notice to cancel the financial security to 
     the Administrator in accordance with paragraph (4);
       ``(B) publicly advertise for claims for 60 days beginning 
     on the date of publication by the Secretary of the notice to 
     cancel the financial security; and
       ``(C) pay, not later than 30 days after the expiration of 
     the 60-day period for submission of claims
       ``(i) all uncontested claims received during such period; 
     or
       ``(ii) a pro rata share of such claims if the total amount 
     of such claims exceeds the financial security available.
       ``(7) Penalties.--
       ``(A) Civil actions.--Either the Secretary or the Attorney 
     General of the United States may bring a civil action in an 
     appropriate district court of the United States to enforce 
     the requirements of this subsection or a regulation 
     prescribed or order issued under this subsection. The court 
     may award appropriate relief, including injunctive relief.
       ``(B) Civil penalties.--If the Secretary determines, after 
     notice and opportunity for a hearing, that a surety provider 
     of a broker registered under this chapter has violated the 
     requirements of this subsection or a regulation prescribed 
     under this subsection, the surety provider shall be liable to 
     the United States for a civil penalty in an amount not to 
     exceed $10,000.
       ``(C) Eligibility.--If the Secretary determines, after 
     notice and opportunity for a hearing, that a surety provider 
     of a broker registered under this chapter has violated the 
     requirements of this subsection or a regulation prescribed 
     under this subsection, the surety provider shall be 
     ineligible to provider broker financial security for 3 years.
       ``(8) Financial security amount assessment.--Every 5 years, 
     the Secretary shall review, with public notice and comment, 
     the amount of the financial security required under this 
     subsection to determine whether such amounts are sufficient 
     to provide adequate financial security, and shall be 
     authorized to increase those amounts, if necessary, based 
     upon that determination.
       ``(c) Freight Forwarder Financial Security Requirements.--
       ``(1) Requirements.--
       ``(A) In general.--The Secretary may register a person as a 
     freight forwarder under section 13903 only if the person 
     files with the Secretary a surety bond, proof of trust fund, 
     other financial security, or a combination of such 
     instruments, in a form and amount, and from a provider, 
     determined by the Secretary to be adequate to ensure 
     financial responsibility.
       ``(B) Use of a group surety bond, trust fund, or other 
     financial security.--In implementing the standards 
     established under subparagraph (A), the Secretary may 
     authorize the use of a group surety bond, trust fund, other 
     financial security, or a combination of such instruments, 
     that meets the requirements of this subsection.
       ``(C) Surety bonds.--A surety bond obtained under this 
     section may only be obtained from a bonding company that has 
     been approved by the Secretary of the Treasury.
       ``(D) Proof of trust or other financial security.--For 
     purposes of subparagraph (A), a trust fund or other financial 
     security may not be accepted by the Secretary unless the 
     trust fund or other financial security consists of assets 
     readily available to pay claims without resort to personal 
     guarantees or collection of pledged accounts receivable.
       ``(2) Scope of financial responsibility.--
       ``(A) Payment of claims.--A surety bond, trust fund, or 
     other financial security obtained under paragraph (1) shall 
     be available to pay any claim against a freight forwarder 
     arising from its failure to pay freight charges under its 
     contracts, agreements, or arrangements for transportation 
     subject to jurisdiction under chapter 135 if
       ``(i) subject to the review by the surety provider, the 
     freight forwarder consents to the payment;
       ``(ii) in the case the freight forwarder does not respond 
     to adequate notice to address the validity of the claim, the 
     surety provider determines the claim is valid; or
       ``(iii) the claim--

       ``(I) is not resolved within a reasonable period of time 
     following a reasonable attempt by the claimant to resolve the 
     claim under clauses (i) and (ii); and
       ``(II) is reduced to a judgment against the freight 
     forwarder.

       ``(B) Response of surety providers to claims.--If a surety 
     provider receives notice of a claim described in subparagraph 
     (A), the surety provider shall
       ``(i) respond to the claim on or before the 30th day 
     following receipt of the notice; and
       ``(ii) in the case of a denial, set forth in writing for 
     the claimant the grounds for the denial.
       ``(C) Costs and attorney's fees.--In any action against a 
     surety provider to recover on a claim described in 
     subparagraph (A), the prevailing party shall be entitled to 
     recover its reasonable costs and attorney's fees.
       ``(3) Freight forwarder insurance.--
       ``(A) In general.--The Secretary may register a person as a 
     freight forwarder under section 13903 only if the person 
     files with the Secretary a surety bond, insurance policy, or 
     other type of financial security that meets standards 
     prescribed by the Secretary.
       ``(B) Liability insurance.--A financial security filed by a 
     freight forwarder under subparagraph (A) shall be sufficient 
     to pay an amount, not to exceed the amount of the financial 
     security, for each final judgment against the freight 
     forwarder for bodily injury to, or death of, an individual, 
     or loss of, or damage to, property (other than property 
     referred to in subparagraph (C)), resulting from the 
     negligent operation, maintenance, or use of motor vehicles 
     by, or under the direction and control of, the freight 
     forwarder while providing transfer, collection, or delivery 
     service under this part.
       ``(C) Cargo insurance.--The Secretary may require a 
     registered freight forwarder to file with the Secretary a 
     surety bond, insurance policy, or other type of financial 
     security approved by the Secretary, that will pay an amount, 
     not to exceed the amount of the financial security, for loss 
     of, or damage to, property for which the freight forwarder 
     provides service.
       ``(4) Minimum financial security.--Each freight forwarder 
     subject to the requirements of this section shall provide 
     financial security of $100,000, regardless of the number of 
     branch offices or sales agents of the freight forwarder.
       ``(5) Cancellation notice.--If a financial security 
     required under this subsection is canceled
       ``(A) the holder of the financial security shall provide 
     electronic notification to the Secretary of the cancellation 
     not later than 30 days before the effective date of the 
     cancellation; and
       ``(B) the Secretary shall immediately post such 
     notification on the public Internet web site of the 
     Department of Transportation.
       ``(6) Suspension.--The Secretary shall immediately suspend 
     the registration of a freight forwarder issued under this 
     chapter if its available financial security falls below the 
     amount required under this subsection.
       ``(7) Payment of claims in cases of financial failure or 
     insolvency.--If a freight forwarder registered under this 
     chapter experiences financial failure or insolvency, the 
     surety provider of the freight forwarder shall
       ``(A) submit a notice to cancel the financial security to 
     the Administrator in accordance with paragraph (5);
       ``(B) publicly advertise for claims for 60 days beginning 
     on the date of publication by the Secretary of the notice to 
     cancel the financial security; and
       ``(C) pay, not later than 30 days after the expiration of 
     the 60-day period for submission of claims
       ``(i) all uncontested claims received during such period; 
     or
       ``(ii) a pro rata share of such claims if the total amount 
     of such claims exceeds the financial security available.
       ``(8) Penalties.--
       ``(A) Civil actions.--Either the Secretary or the Attorney 
     General may bring a civil action in an appropriate district 
     court of the United States to enforce the requirements of 
     this subsection or a regulation prescribed or order issued 
     under this subsection. The court may award appropriate 
     relief, including injunctive relief.
       ``(B) Civil penalties.--If the Secretary determines, after 
     notice and opportunity for a hearing, that a surety provider 
     of a freight forwarder registered under this chapter has 
     violated the requirements of this subsection or a regulation 
     prescribed under this subsection, the surety provider shall 
     be liable to the United States for a civil penalty in an 
     amount not to exceed $10,000.
       ``(C) Eligibility.--If the Secretary determines, after 
     notice and opportunity for a hearing, that a surety provider 
     of a freight forwarder registered under this chapter has 
     violated the requirements of this subsection or a regulation 
     prescribed under this subsection, the surety provider shall 
     be ineligible to provide freight forwarder financial security 
     for 3 years.
       ``(9) Financial security and insurance amount assessment.--
     Not less frequently than once every 5 years, the Secretary--
       ``(A) shall review, with public notice and comment, the 
     amount of the financial security and insurance required under 
     this subsection to determine whether such amounts are 
     sufficient to provide adequate financial security; and
       ``(B) may increase such amounts, if necessary, based upon 
     the determination under subparagraph (A).''.
       (b) Rulemaking.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall issue regulations 
     to implement and enforce the requirements under subsections 
     (b) and (c) of section 13906 of title 49, United States Code, 
     as amended by subsection (a).
       (c) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date that is 1 year after the date 
     of enactment of this Act.

     SEC. 32920. UNLAWFUL BROKERAGE ACTIVITIES.

       (a) In General.--Chapter 149 is amended by adding at the 
     end the following:

     ``Sec.  14916. Unlawful brokerage activities

       ``(a) Prohibited Activities.--Any person that acts as a 
     broker, other than a non-vessel-operating common carrier (as 
     defined in section 40102(16) of title 46) or an ocean freight 
     forwarder providing brokerage as part of an international 
     through movement involving ocean transportation between the 
     United States and a foreign port, is prohibited from 
     providing interstate brokerage services as a broker unless 
     that person
       ``(1) is registered under, and in compliance with, section 
     13903; and

[[Page S1340]]

       ``(2) has satisfied the financial security requirements 
     under section 13904.
       ``(b) Civil Penalties and Private Cause of Action.--Any 
     person who knowingly authorizes, consents to, or permits, 
     directly or indirectly, either alone or in conjunction with 
     any other person, a violation of subsection (a) is liable
       ``(1) to the United States Government for a civil penalty 
     in an amount not to exceed $10,000 for each violation; and
       ``(2) to the injured party for all valid claims incurred 
     without regard to amount.
       ``(c) Liable Parties.--The liability for civil penalties 
     and for claims under this section for unauthorized brokering 
     shall apply, jointly and severally
       ``(1) to any corporate entity or partnership involved; and
       ``(2) to the individual officers, directors, and principals 
     of such entities.''.
       (b) Clerical Amendment.--The analysis for chapter 149 is 
     amended by adding at the end the following:

``14916. Unlawful brokerage activities.''.

                PART II--HOUSEHOLD GOODS TRANSPORTATION

     SEC. 32921. ADDITIONAL REGISTRATION REQUIREMENTS FOR 
                   HOUSEHOLD GOODS MOTOR CARRIERS.

       (a) Section 13902(a)(2) is amended--
       (1) in subparagraph (B), by striking ``section 13702(c);'' 
     and inserting ``section 13702(c); and'';
       (2) by amending subparagraph (C) to read as follows:
       ``(C) demonstrates, before being registered, through 
     successful completion of a proficiency examination 
     established by the Secretary, knowledge and intent to comply 
     with applicable Federal laws relating to consumer protection, 
     estimating, consumers' rights and responsibilities, and 
     options for limitations of liability for loss and damage.''; 
     and
       (3) by striking subparagraph (D).
       (b) Compliance Reviews of New Household Goods Motor 
     Carriers.--Section 31144(g), as amended by section 32102 of 
     this Act, is amended by adding at the end the following:
       ``(6) Additional requirements for household goods motor 
     carriers.--(A) In addition to the requirements of this 
     subsection, the Secretary shall require, by regulation, each 
     registered household goods motor carrier to undergo a 
     consumer protection standards review not later than 18 months 
     after the household goods motor carrier begins operations 
     under such authority.
       ``(B) Elements.--In the regulations issued pursuant to 
     subparagraph (A), the Secretary shall establish the elements 
     of the consumer protections standards review, including basic 
     management controls. In establishing the elements, the 
     Secretary shall consider the effects on small businesses and 
     shall consider establishing alternate locations where such 
     reviews may be conducted for the convenience of small 
     businesses.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect 2 years after the date of enactment of this 
     Act.

     SEC. 32922. FAILURE TO GIVE UP POSSESSION OF HOUSEHOLD GOODS.

       (a) Injunctive Relief.--Section 14704(a)(1) is amended by 
     striking ``and 14103'' and inserting ``, 14103, and 
     14915(c)''.
       (b) Civil Penalties.--Section 14915(a)(1) is amended by 
     adding at the end the following:
       ``The United States may assign all or a portion of the 
     civil penalty to an aggrieved shipper. The Secretary of 
     Transportation shall establish criteria upon which such 
     assignments shall be made. The Secretary may order, after 
     notice and an opportunity for a proceeding, that a person 
     found holding a household goods shipment hostage return the 
     goods to an aggrieved shipper.''.

     SEC. 32923. SETTLEMENT AUTHORITY.

       (a) Settlement of General Civil Penalties.--Section 14901 
     is amended by adding at the end the following:
       ``(h) Settlement of Household Goods Civil Penalties.--
     Nothing in this section shall be construed to prohibit the 
     Secretary from accepting partial payment of a civil penalty 
     as part of a settlement agreement in the public interest, or 
     from holding imposition of any part of a civil penalty in 
     abeyance.''.
       (b) Settlement of Household Goods Civil Penalties.--Section 
     14915(a) is amended by adding at the end the following:
       ``(4) Settlement authority.--Nothing in this section shall 
     be construed as prohibiting the Secretary from accepting 
     partial payment of a civil penalty as part of a settlement 
     agreement in the public interest, or from holding imposition 
     of any part of a civil penalty in abeyance.''.

     SEC. 32924. HOUSEHOLD GOODS TRANSPORTATION ASSISTANCE 
                   PROGRAM.

       (a) Joint Assistance Program.--Not later than 18 months 
     after the date of enactment of this Act, the Secretary shall 
     develop and implement a joint assistance program, through the 
     Federal Motor Carrier Safety Administration--
       (1) to educate consumers about the household goods motor 
     carrier industry pursuant to the recommendations of the task 
     force established under section 32925 of this Act;
       (2) to improve the Federal Motor Carrier Safety 
     Administration's implementation, monitoring, and coordination 
     of Federal and State household goods enforcement activities;
       (3) to assist a consumer with the timely resolution of an 
     interstate household goods hostage situation, as appropriate; 
     and
       (4) to conduct other enforcement activities as designated 
     by the Secretary.
       (b) Joint Assistance Program Partnership.--The Secretary--
       (1) may partner with 1 or more household goods motor 
     carrier industry groups to implement the joint assistance 
     program under subsection (a); and
       (2) shall ensure that each participating household goods 
     motor carrier industry group--
       (A) implements the joint assistance program in the best 
     interest of the consumer;
       (B) implements the joint assistance program in the public 
     interest;
       (C) accurately represents its financial interests in 
     providing household goods mover services in the normal course 
     of business and in assisting consumers resolving hostage 
     situations;
       (D) does not hold itself out or misrepresent itself as an 
     agent of the Federal government;
       (E) abides by Federal regulations and guidelines for the 
     provision of assistance and receipt of compensation for 
     household goods mover services; and
       (F) accurately represents the Federal and State remedies 
     that are available to consumers for resolving interstate 
     household goods hostage situations.
       (c) Report.--The Secretary shall submit a report annually 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives providing a 
     detailed description of the joint assistance program under 
     subsection (a).
       (d) Prohibition.--The joint assistance program under 
     subsection (a) may not include the provision of funds by the 
     United States to a consumer for lost, stolen, or damaged 
     items.

     SEC. 32925. HOUSEHOLD GOODS CONSUMER EDUCATION PROGRAM.

       (a) Task Force.--The Secretary of Transportation shall 
     establish a task force to develop recommendations to ensure 
     that a consumer is informed of Federal law concerning the 
     transportation of household goods by a motor carrier, 
     including recommendations--
       (1) on how to condense publication ESA 03005 of the Federal 
     Motor Carrier Safety Administration into a format that can be 
     more easily used by a consumer; and
       (2) on the use of state-of-the-art education techniques and 
     technologies, including the use of the Internet as an 
     educational tool.
       (b) Task Force Members.--The task force shall be comprised 
     of--
       (1) individuals with expertise in consumer affairs;
       (2) educators with expertise in how people learn most 
     effectively; and
       (3) representatives of the household goods moving industry.
       (c) Recommendations.--Not later than 1 year after the date 
     of enactment of this Act, the task force shall complete its 
     recommendations under subsection (a). Not later than 1 year 
     after the task force completes its recommendations under 
     subsection (a), the Secretary shall issue regulations 
     implementing the recommendations, as appropriate.
       (d) Federal Advisory Committee Act Exemption.--The Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     task force.
       (e) Termination.--The task force shall terminate 2 years 
     after the date of enactment of this Act.

                     PART III--TECHNICAL AMENDMENTS

     SEC. 32931. UPDATE OF OBSOLETE TEXT.

       (a) Section 31137(e), as redesignated by section 32301 of 
     this Act, is amended by striking ``Not later than December 1, 
     1990, the Secretary shall prescribe'' and inserting ``The 
     Secretary shall maintain''.
       (b) Section 31151(a) is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) In general.--The Secretary of Transportation shall 
     maintain a program to ensure that intermodal equipment used 
     to transport intermodal containers is safe and systematically 
     maintained.''; and
       (2) by striking paragraph (4).
       (c) Section 31307(b) is amended by striking ``Not later 
     than December 18, 1994, the Secretary shall prescribe'' and 
     inserting ``The Secretary shall maintain''.
       (d) Section 31310(g)(1) is amended by striking ``Not later 
     than 1 year after the date of enactment of this Act, the'' 
     and inserting ``The''.
       (e) Section 4123(f) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users (119 
     Stat. 1736), is amended by striking ``Not later than 1 year 
     after the date of enactment of this Act, the'' and inserting 
     ``The''.

     SEC. 32932. CORRECTION OF INTERSTATE COMMERCE COMMISSION 
                   REFERENCES.

       (a) Safety Information and Intervention in Interstate 
     Commerce Commission Proceedings.--Chapter 3 is amended--
       (1) by repealing section 307;
       (2) in the analysis, by striking the item relating to 
     section 307;
       (3) in section 333(d)(1)(C), by striking ``Interstate 
     Commerce Commission'' and inserting ``Surface Transportation 
     Board''; and
       (4) in section 333(e)--
       (A) by striking ``Interstate Commerce Commission'' and 
     inserting ``Surface Transportation Board''; and
       (B) by striking ``Commission'' and inserting ``Board''.
       (b) Filing and Procedure for Application to Abandon or 
     Discontinue.--Section 10903(b)(2) is amended by striking 
     ``24706(c) of this title'' and inserting ``24706(c) of this 
     title before May 31, 1998''.

[[Page S1341]]

       (c) Technical Amendments to Part C of Subtitle V.--
       (1) Section 24307(b)(3) is amended by striking ``Interstate 
     Commerce Commission'' and inserting ``Surface Transportation 
     Board''.
       (2) Section 24311 is amended--
       (A) by striking ``Interstate Commerce Commission'' and 
     inserting ``Surface Transportation Board'';
       (B) by striking ``Commission'' each place it appears and 
     inserting ``Board''; and
       (C) by striking ``Commission's'' and inserting ``Board's''.
       (3) Section 24902 is amended--
       (A) by striking ``Interstate Commerce Commission'' each 
     place it appears and inserting ``Surface Transportation 
     Board''; and
       (B) by striking ``Commission'' each place it appears and 
     inserting ``Board''.
       (4) Section 24904 is amended--
       (A) by striking ``Interstate Commerce Commission'' and 
     inserting ``Surface Transportation Board''; and
       (B) by striking ``Commission'' each place it appears and 
     inserting ``Board''.

     SEC. 32933. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Section 13905(f)(1)(A) is amended by striking ``section 
     13904(c)'' and inserting ``section 13904(e)'';
       (b) Section 14504a(c)(1) is amended--
       (1) in subparagraph (C), by striking ``sections'' and 
     inserting ``section''; and
       (2) in subparagraph (D)(ii)(II) by striking the period at 
     the end and inserting ``; and''.
       (c) Section 31103(a) is amended by striking ``section 
     31102(b)(1)(E)'' and inserting ``section 31102(b)(2)(E)''.
       (d) Section 31103(b) is amended by striking ``authorized by 
     section 31104(f)(2)''.
       (e) Section 31309(b)(2) is amended by striking ``31308(2)'' 
     and inserting ``31308(3)''.

    TITLE III--SURFACE TRANSPORTATION AND FREIGHT POLICY ACT OF 2012

     SEC. 33001. SHORT TITLE.

       This title may be cited as the ``Surface Transportation and 
     Freight Policy Act of 2012''.

     SEC. 33002. ESTABLISHMENT OF A NATIONAL SURFACE 
                   TRANSPORTATION AND FREIGHT POLICY.

       (a) In General.--Subchapter I of chapter 3 of title 49, 
     United States Code, as amended by section 32932 of the 
     Commercial Motor Vehicle Safety Enhancement Act of 2012, is 
     amended--
       (1) by redesignating sections 304 through 306 as sections 
     307 through 309, respectively;
       (2) by redesignating sections 308 and 309 as sections 310 
     and 311, respectively;
       (3) by redesignating sections 303 and 303a as sections 305 
     and 306, respectively; and
       (4) by inserting after section 302 the following:

     ``Sec.  303. National surface transportation policy

       ``(a) Policy.--It is the policy of the United States to 
     develop a comprehensive national surface transportation 
     system that advances the national interest and defense, 
     interstate and foreign commerce, the efficient and safe 
     interstate mobility of people and goods, and the protection 
     of the environment. The system shall be built, maintained, 
     managed, and operated as a partnership between the Federal, 
     State, and local governments and the private sector and shall 
     be coordinated with the overall transportation system of the 
     United States, including the Nation's air, rail, pipeline, 
     and water transportation systems. The Secretary of 
     Transportation shall be responsible for carrying out this 
     policy.
       ``(b) Objectives.--The objectives of the policy shall be to 
     facilitate and advance--
       ``(1) the improved accessibility and reduced travel times 
     for persons and goods within and between nations, regions, 
     States, and metropolitan areas;
       ``(2) the safety of the public;
       ``(3) the security of the Nation and the public;
       ``(4) environmental protection;
       ``(5) energy conservation and security, including reducing 
     transportation-related energy use;
       ``(6) international and interstate freight movement, trade 
     enhancement, job creation, and economic development;
       ``(7) responsible planning to address population 
     distribution and employment and sustainable development;
       ``(8) the preservation and adequate performance of system-
     critical transportation assets, as defined by the Secretary;
       ``(9) reasonable access to the national surface 
     transportation system for all system users, including rural 
     communities;
       ``(10) the sustainable and adequate financing of the 
     national surface transportation system; and
       ``(11) innovation in transportation services, 
     infrastructure, and technology.
       ``(c) Goals.--
       ``(1) Specific goals.--The goals of the policy shall be--
       ``(A) to reduce average per capita peak period travel times 
     on an annual basis;
       ``(B) to reduce national motor vehicle-related and truck-
     related fatalities by 50 percent by 2030;
       ``(C) to reduce national surface transportation delays per 
     capita on an annual basis;
       ``(D) to improve the access to employment opportunities and 
     other economic activities;
       ``(E) to increase the percentage of system-critical surface 
     transportation assets, as defined by the Secretary, that are 
     in a state of good repair by 20 percent by 2030;
       ``(F) to improve access to public transportation, intercity 
     passenger rail services, and non-motorized transportation 
     where travel demand warrants;
       ``(G) to reduce passenger and freight transportation 
     infrastructure-related delays entering into and out of 
     international points of entry on an annual basis;
       ``(H) to increase travel time reliability on major freight 
     corridors that connect major population centers to freight 
     generators and international gateways on an annual basis;
       ``(I) to ensure adequate transportation of domestic energy 
     supplies and promote energy security;
       ``(J) to maintain or reduce the percentage of gross 
     domestic product consumed by transportation costs; and
       ``(K) to reduce transportation-related impacts on the 
     environment and on communities.
       ``(2) Baselines.--Not later than 2 years after the date of 
     enactment of the Surface Transportation and Freight Policy 
     Act of 2012, the Secretary shall develop baselines for the 
     goals and shall determine appropriate methods of data 
     collection to measure the attainment of the goals.''.
       (b) Freight Policy.--Subchapter I of chapter 3 of title 49, 
     United States Code, as amended by section 33002(a) of this 
     Act, is amended by adding at the end the following:

     ``Sec.  312. National freight transportation policy.

       ``(a) National Freight Transportation Policy.--It is the 
     policy of the United States to improve the efficiency, 
     operation, and security of the national transportation system 
     to move freight by leveraging investments and promoting 
     partnerships that advance interstate and foreign commerce, 
     promote economic competitiveness and job creation, improve 
     the safe and efficient mobility of goods, and protect the 
     public health and the environment.
       ``(b) Objectives.--The objectives of the policy are--
       ``(1) to target investment in freight transportation 
     projects that strengthen the economic competitiveness of the 
     United States with a focus on domestic industries and 
     businesses and the creation and retention of high-value jobs;
       ``(2) to promote and advance energy conservation and the 
     environmental sustainability of freight movements;
       ``(3) to facilitate and advance the safety and health of 
     the public, including communities adjacent to freight 
     movements;
       ``(4) to provide for systematic and balanced investment to 
     improve the overall performance and reliability of the 
     national transportation system to move freight, including 
     ensuring trade facilitation and transportation system 
     improvements are mutually supportive;
       ``(5) to promote partnerships between Federal, State, and 
     local governments, the private sector, and other 
     transportation stakeholders to leverage investments in 
     freight transportation projects; and
       ``(6) to encourage adoption of operational policies, such 
     as intelligent transportation systems, to improve the 
     efficiency of freight-related transportation movements and 
     infrastructure.''.
       (c) Conforming Amendments.--The table of contents for 
     chapter 3 of title 49, United States Code, is amended--
       (1) by redesignating the items relating to sections 304 
     through 306 as sections 307 through 309, respectively;
       (2) by redesignating the items relating to sections 308 and 
     309 as sections 310 and 311, respectively;
       (3) by redesignating the items relating to sections 303 and 
     303a as sections 305 and 306, respectively;
       (4) by inserting after the item relating to section 302 the 
     following:

``303. National surface transportation policy.'';

     and
       (5) by inserting after the item relating to section 311 the 
     following:

``312. National freight transportation policy.''.

     SEC. 33003. SURFACE TRANSPORTATION AND FREIGHT STRATEGIC 
                   PLAN.

       (a) Surface Transportation and Freight Strategic Plan.--
     Subchapter I of chapter 3 of title 49, United States Code, as 
     amended by section 33002 of this Act, is amended by inserting 
     after section 303 the following--

     ``Sec.  304. National surface transportation and freight 
       strategic performance plan.

       ``(a) Development.--Not later than 2 years after the date 
     of enactment of the Surface Transportation and Freight Policy 
     Act of 2012, the Secretary of Transportation shall develop 
     and implement a National Surface Transportation and Freight 
     Performance Plan to achieve the policy, objectives, and goals 
     set forth in sections 303 and 312 .
       ``(b) Contents.--The plan shall include--
       ``(1) an assessment of the current performance of the 
     national surface transportation system and an analysis of the 
     system's ability to achieve the policy, objectives, and goals 
     set forth in sections 303 and 312;
       ``(2) an analysis of emerging and long-term projected 
     trends, including economic and national trade policies, that 
     will impact the performance, needs, and uses of the national 
     surface transportation system, including the system to move 
     freight;
       ``(3) a description of the major challenges to effectively 
     meeting the policy, objectives, and goals set forth in 
     sections 303 and 312 and a plan to address such challenges;
       ``(4) a comprehensive strategy and investment plan to meet 
     the policy, objectives, and goals set forth in sections 303 
     and 312, including a strategy to develop the coalitions,

[[Page S1342]]

     partnerships, and other collaborative financing efforts 
     necessary to ensure stable, reliable funding and completion 
     of freight corridors and projects;
       ``(5) initiatives to improve transportation modeling, 
     research, data collection, and analysis, including those to 
     assess impacts on public health, and environmental 
     conditions;
       ``(6) guidelines to encourage the appropriate balance of 
     means to finance the national transportation system to move 
     freight to implement the plan and the investment plan 
     proposed under paragraph (4); and
       ``(7) a list of priority freight corridors and gateways to 
     be improved and developed to meet the policy, objectives, and 
     goals set forth in section 312.
       ``(c) Consultation.--In developing the plan required by 
     subsection (a), the Secretary shall--
       ``(1) consult with appropriate Federal agencies, local, 
     State, and tribal governments, public and private 
     transportation stakeholders, non-profit organizations 
     representing transportation employees, appropriate foreign 
     governments, and other interested parties;
       ``(2) consider on-going Federal, State, and corridor-wide 
     transportation plans;
       ``(3) provide public notice and hearings and solicit public 
     comments on the plan, and
       ``(4) as appropriate, establish advisory committees to 
     assist with developing the plan.
       ``(d) Submittal and Publication.--The Secretary shall--
       ``(1) submit the completed plan to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives; and
       ``(2) post the completed plan on the Department of 
     Transportation's public web site.
       ``(e) Progress Reports.--The Secretary shall submit 
     biennial progress reports on the implementation of the plan 
     beginning 2 years after the date of submittal of the plan 
     under subsection (d)(1). Each progress report shall--
       ``(1) describe progress made toward fully implementing the 
     plan and achieving the policies, objectives, and goals 
     established under sections 303 and 312;
       ``(2) describe challenges and obstacles to full 
     implementation;
       ``(3) describe updates to the plan necessary to reflect 
     changed circumstances or new developments; and
       ``(4) make policy and legislative recommendations the 
     Secretary believes are necessary and appropriate to fully 
     implement the plan.
       ``(f) Data.--The Secretary shall have the authority to 
     conduct studies, gather information, and require the 
     production of data necessary to develop or update this plan, 
     consistent with Federal privacy standards.
       ``(g) Implementation.--The Secretary shall--
       ``(1) develop appropriate performance criteria and data 
     collections systems for each Federal surface transportation 
     program consistent with this chapter and the Secretary's 
     statutory authority within these programs to evaluate:
       ``(A) whether such programs are consistent with the policy, 
     objectives, and goals established by sections 303 and 312; 
     and
       ``(B) how effective such programs are in contributing to 
     the achievement of the policy, objectives, and goals 
     established by sections 303 and 312;
       ``(2) using the criteria developed under paragraph (1), 
     periodically evaluate each such program and provide the 
     results to the public;
       ``(3) based on the evaluation performed under paragraph 
     (2), make any necessary changes or improvements to such 
     programs to ensure such consistency and effectiveness 
     consistent with the Secretary's statutory authority within 
     these programs ;
       ``(4) implement this section in a manner that is consistent 
     with sections 302, 5301, 5503, 10101, and 13101 of this title 
     and section 101 of title 23;
       ``(5) review all relevant surface transportation planning 
     requirements to determine whether such regional, State, and 
     local surface transportation planning efforts funded with 
     Federal funds are consistent with the policy, objectives, and 
     goals established by this section; and
       ``(6) require States and metropolitan planning 
     organizations to report on the use of Federal surface 
     transportation funds, consistent with ongoing reporting 
     requirements, to provide the Secretary with sufficient 
     information to determine--
       ``(A) which projects and priorities were funded with such 
     funds;
       ``(B) the rationale and method employed for apportioning 
     such funds to the projects and priorities; and
       ``(C) how the obligation of such funds is consistent with 
     or advances the policy, objectives, and goals established by 
     sections 303 and 312 and the statutory sections referenced in 
     paragraph (4).''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 3 of title 49, United States Code, is amended by 
     inserting after the item relating to section 303 the 
     following:

``304. National surface transportation and freight strategic 
              performance plan.''.

     SEC. 33004. TRANSPORTATION INVESTMENT DATA AND PLANNING 
                   TOOLS.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall--
       (1) develop new tools or improve existing tools to support 
     an outcome-oriented, performance-based approach to evaluate 
     proposed freight-related and other surface transportation 
     projects. These new or improved tools shall include--
       (A) a systematic cost-benefit analysis that supports a 
     valuation of modal alternatives;
       (B) an evaluation of external effects on congestion, 
     pollution, the environment, and the public health; and
       (C) other elements to assist in effective transportation 
     planning; and
       (2) facilitate the collection of transportation-related 
     data to support a broad range of evaluation methods and 
     techniques such as demand forecasts, modal diversion 
     forecasts, estimates of the effect of proposed investments on 
     congestion, pollution, public health, and other factors, to 
     assist in making transportation investment decisions. At a 
     minimum, the Secretary, in consultation with other relevant 
     Federal agencies, shall consider any improvements to the 
     Commodity Flow Survey that reduce identified freight data 
     gaps and deficiencies and help evaluate forecasts of 
     transportation demand.
       (b) Consultation.--To the extent practicable, the Secretary 
     shall consult with Federal, State, and local transportation 
     planners to develop, improve, and implement the tools and 
     collect the data under subsection (a).
       (c) Establishment of Pilot Program.--
       (1) Establishment.--To assist in the development of tools 
     under subsection (a) and to inform the National Surface 
     Transportation and Freight Performance Plan required by 
     section 304 of title 49, United States Code, the Secretary 
     shall establish a pilot program under which the Secretary 
     shall conduct case studies of States and metropolitan 
     planning organizations that are designed--
       (A) to provide more detailed, in-depth analysis and data 
     collection with respect to transportation programs; and
       (B) to apply rigorous methods of measuring and addressing 
     the effectiveness of program participants in achieving 
     national transportation goals.
       (2) Preliminary requirements.--
       (A) Solicitation.--The Secretary shall solicit applications 
     to participate in the pilot program from States and 
     metropolitan planning organizations.
       (B) Notification.--A State or metropolitan planning 
     organization that desires to participate in the pilot program 
     shall notify the Secretary of such desire before a date 
     determined by the Secretary.
       (C) Selection.--
       (i) Number of program participants.--The Secretary shall 
     select to participate in the pilot program--

       (I) not fewer than 3, and not more than 5, States; and
       (II) not fewer than 3, and not more than 5, metropolitan 
     planning organizations.

       (ii) Timing.--The Secretary shall select program 
     participants not later than 3 months after the date of 
     enactment of this Act.
       (iii) Diversity of program participants.--The Secretary 
     shall, to the extent practicable, select program participants 
     that represent a broad range of geographic and demographic 
     areas (including rural and urban areas) and types of 
     transportation programs.
       (d) Case Studies.--
       (1) Baseline report.--Not later than 6 months after the 
     date of enactment of this Act, each program participant shall 
     submit to the Secretary a baseline report that--
       (A) describes the reporting and data collection processes 
     of the program participant for transportation investments 
     that are in effect on the date of the report;
       (B) assesses how effective the program participant is in 
     achieving the national surface transportation goals in 
     section 303 of title 49, United States Code;
       (C) describes potential improvements to the methods and 
     metrics used to measure the effectiveness of the program 
     participant in achieving national surface transportation 
     goals in section 303 of title 49, United States Code, and the 
     challenges to implementing such improvements; and
       (D) includes an assessment of whether, and specific reasons 
     why, the preparation and submission of the baseline report 
     may be limited, incomplete, or unduly burdensome, including 
     any recommendations for facilitating the preparation and 
     submission of similar reports in the future.
       (2) Evaluation.--Each program participant shall work 
     cooperatively with the Secretary to evaluate the methods and 
     metrics used to measure the effectiveness of the program 
     participant in achieving national surface transportation 
     goals in section 303 of title 49, United States Code, 
     including--
       (A) by considering the degree to which such methods and 
     metrics take into account--
       (i) the factors that influence the effectiveness of the 
     program participant in achieving the national surface 
     transportation goals;
       (ii) all modes of transportation; and
       (iii) the transportation program as a whole, rather than 
     individual projects within the transportation program; and
       (B) by identifying steps that could be used to implement 
     the potential improvements identified under paragraph (1)(C).
       (3) Final report.--Not later than 18 months after the date 
     of enactment of this

[[Page S1343]]

     section, each program participant shall submit to the 
     Secretary a comprehensive final report that--
       (A) contains an updated assessment of the effectiveness of 
     the program participant in achieving national surface 
     transportation goals under section 303 of title 49, United 
     States Code; and
       (B) describes the ways in which the performance of the 
     program participant in collecting and reporting data and 
     carrying out the transportation program of the program 
     participant has improved or otherwise changed since the date 
     of submission of the baseline report under subparagraph (A).

     SEC. 33005. PORT INFRASTRUCTURE DEVELOPMENT INITIATIVE.

       Section 50302(c)(3)(C) of title 46, United States Code, is 
     amended to read as follows:
       ``(C) Transfers.--Amounts appropriated or otherwise made 
     available for any fiscal year for a marine facility or 
     intermodal facility that includes maritime transportation may 
     be transferred, at the option of the recipient of such 
     amounts, to the Fund and administered by the Administrator as 
     a component of a project under the program.''.

     SEC. 33006. SAFETY FOR MOTORIZED AND NONMOTORIZED USERS.

       (a) In General.--Chapter 4 of title 23, United States Code, 
     is amended by adding at the end the following:

     ``Sec.  413. Safety for motorized and nonmotorized users

       ``(a) In General.--Not later than 2 years after the date of 
     enactment of the Surface Transportation and Freight Policy 
     Act of 2012, subject to subsection (b), the Secretary shall 
     establish standards to ensure that the design of Federal 
     surface transportation projects provides for the safe and 
     adequate accommodation, in all phases of project planning, 
     development, and operation, of all users of the 
     transportation network, including motorized and nonmotorized 
     users.
       ``(b) Waiver for State Law or Policy.--The Secretary may 
     waive the application of standards established under 
     subsection (a) to a State that has adopted a law or policy 
     that provides for the safe and adequate accommodation as 
     certified by the State (or other grantee), in all phases of 
     project planning and development, of users of the 
     transportation network on federally funded surface 
     transportation projects, as determined by the Secretary.
       ``(c) Compliance.--
       ``(1) In general.--Each State department of transportation 
     shall submit to the Secretary, at such time, in such manner, 
     and containing such information as the Secretary shall 
     require, a report describing the implementation by the State 
     of measures to achieve compliance with this section.
       ``(2) Determination by secretary.--On receipt of a report 
     under paragraph (1), the Secretary shall determine whether 
     the applicable State has achieved compliance with this 
     section.''.
       (b) Conforming Amendment.--The analysis for chapter 4 of 
     title 23, United States Code, is amended by adding at the end 
     the following:

``413. Safety for motorized and nonmotorized users.''.

TITLE IV--HAZARDOUS MATERIALS TRANSPORTATION SAFETY IMPROVEMENT ACT OF 
                                  2012

     SEC. 34001. SHORT TITLE.

       This title may be cited as the ``Hazardous Materials 
     Transportation Safety Improvement Act of 2012''.

     SEC. 34002. DEFINITION.

       In this title, the term ``Secretary'' means the Secretary 
     of Transportation.

     SEC. 34003. REFERENCES TO TITLE 49, UNITED STATES CODE.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of title 49, United States Code.

     SEC. 34004. TRAINING FOR EMERGENCY RESPONDERS.

       (a) Training Curriculum.--Section 5115 is amended--
       (1) in subsection (b)(1)(B), by striking ``basic'';
       (2) in subsection (b)(2), by striking ``basic''; and
       (3) in subsection (c), by striking ``basic''.
       (b) Operations Level Training.--Section 5116 is amended--
       (1) in subsection (b)(1), by adding at the end the 
     following: ``To the extent that a grant is used to train 
     emergency responders, the State or Indian tribe shall provide 
     written certification to the Secretary that the emergency 
     responders who receive training under the grant will have the 
     ability to protect nearby persons, property, and the 
     environment from the effects of accidents or incidents 
     involving the transportation of hazardous material in 
     accordance with existing regulations or National Fire 
     Protection Association standards for competence of responders 
     to hazardous materials.'';
       (2) in subsection (j)--
       (A) by redesignating paragraph (5) as paragraph (7); and
       (B) by inserting after paragraph (4) the following:
       ``(5) The Secretary may not award a grant to an 
     organization under this subsection unless the organization 
     ensures that emergency responders who receive training under 
     the grant will have the ability to protect nearby persons, 
     property, and the environment from the effects of accidents 
     or incidents involving the transportation of hazardous 
     material in accordance with existing regulations or National 
     Fire Protection Association standards for competence of 
     responders to hazardous materials.
       ``(6) Notwithstanding paragraphs (1) and (3), to the extent 
     determined appropriate by the Secretary, a grant awarded by 
     the Secretary to an organization under this subsection to 
     conduct hazardous material response training programs may be 
     used to train individuals with responsibility to respond to 
     accidents and incidents involving hazardous material.''; and
       (3) in subsection (k)--
       (A) by striking ``annually'' and inserting ``an annual 
     report'';
       (B) by inserting ``the report'' after ``make available'';
       (C) by striking ``information'' and inserting ``. The 
     report submitted under this subsection shall include 
     information''; and
       (D) by striking ``The report shall identify'' and all that 
     follows and inserting the following: ``The report submitted 
     under this subsection shall identify the ultimate recipients 
     of such grants and include--
       ``(A) a detailed accounting and description of each grant 
     expenditure by each grant recipient, including the amount of, 
     and purpose for, each expenditure;
       ``(B) the number of persons trained under the grant 
     program, by training level;
       ``(C) an evaluation of the efficacy of such planning and 
     training programs; and
       ``(D) any recommendations the Secretary may have for 
     improving such grant programs.''.

     SEC. 34005. PAPERLESS HAZARD COMMUNICATIONS PILOT PROGRAM.

       (a) In General.--The Secretary may conduct pilot projects 
     to evaluate the feasibility and effectiveness of using 
     paperless hazard communications systems. At least 1 of the 
     pilot projects under this section shall take place in a rural 
     area.
       (b) Requirements.--In conducting pilot projects under this 
     section, the Secretary--
       (1) may not waive the requirements under section 5110 of 
     title 49, United States Code; and
       (2) shall consult with organizations representing--
       (A) fire services personnel;
       (B) law enforcement and other appropriate enforcement 
     personnel;
       (C) other emergency response providers;
       (D) persons who offer hazardous material for 
     transportation;
       (E) persons who transport hazardous material by air, 
     highway, rail, and water; and
       (F) employees of persons who transport or offer for 
     transportation hazardous material by air, highway, rail, and 
     water.
       (c) Report.--Not later than 2 years after the date of the 
     enactment of this Act, the Secretary shall--
       (1) prepare a report on the results of the pilot projects 
     carried out under this section, including--
       (A) a detailed description of the pilot projects;
       (B) an evaluation of each pilot project, including an 
     evaluation of the performance of each paperless hazard 
     communications system in such project;
       (C) an assessment of the safety and security impact of 
     using paperless hazard communications systems, including any 
     impact on the public, emergency response, law enforcement, 
     and the conduct of inspections and investigations; and
       (D) a recommendation on whether paperless hazard 
     communications systems should be permanently incorporated 
     into the Federal hazardous material transportation safety 
     program under chapter 51 of title 49, United States Code; and
       (2) submit a final report to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives that contains the results of the pilot 
     projects carried out under this section, including the 
     matters described in paragraph (1).
       (d) Paperless Hazard Communications System Defined.--In 
     this section, the term ``paperless hazard communications 
     system'' means the use of advanced communications methods, 
     such as wireless communications devices, to convey hazard 
     information between all parties in the transportation chain, 
     including emergency responders and law enforcement personnel. 
     The format of communication may be equivalent to that used by 
     the carrier.

     SEC. 34006. IMPROVING DATA COLLECTION, ANALYSIS, AND 
                   REPORTING.

       (a) Assessment.--
       (1) In general.--Not later than 6 months after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the Secretary of Homeland Security, as appropriate, 
     shall conduct an assessment to improve the collection, 
     analysis, reporting, and use of data related to accidents and 
     incidents involving the transportation of hazardous material.
       (2) Review.--The assessment conducted under this subsection 
     shall review the methods used by the Pipeline and Hazardous 
     Materials Safety Administration (referred to in this section 
     as the ``Administration'') for collecting, analyzing, and 
     reporting accidents and incidents involving the 
     transportation of hazardous material, including the adequacy 
     of--

[[Page S1344]]

       (A) information requested on the accident and incident 
     reporting forms required to be submitted to the 
     Administration;
       (B) methods used by the Administration to verify that the 
     information provided on such forms is accurate and complete;
       (C) accident and incident reporting requirements, including 
     whether such requirements should be expanded to include 
     shippers and consignees of hazardous materials;
       (D) resources of the Administration related to data 
     collection, analysis, and reporting, including staff and 
     information technology; and
       (E) the database used by the Administration for recording 
     and reporting such accidents and incidents, including the 
     ability of users to adequately search the database and find 
     information.
       (b) Development of Action Plan.--Not later than 9 months 
     after the date of the enactment of this Act, the Secretary 
     shall develop an action plan and timeline for improving the 
     collection, analysis, reporting, and use of data by the 
     Administration, including revising the database of the 
     Administration, as appropriate.
       (c) Submission to Congress.--Not later than 15 days after 
     the completion of the action plan and timeline under 
     subsection (c), the Secretary shall submit the action plan 
     and timeline to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       (d) Reporting Requirements.--Section 5125(b)(1)(D) is 
     amended by inserting ``and other hazardous materials 
     transportation incident reporting to the 9 1 1 emergency 
     system or involving State or local emergency responders in 
     the initial response to the incident'' before the period at 
     the end.

     SEC. 34007. LOADING AND UNLOADING OF HAZARDOUS MATERIALS.

       (a) Rulemaking.--Not later than 2 years after date of the 
     enactment of this Act, the Secretary, after consultation with 
     the Department of Labor and the Environmental Protection 
     Agency, as appropriate, and after providing notice and an 
     opportunity for public comment shall prescribe regulations 
     establishing uniform procedures among facilities for the safe 
     loading and unloading of hazardous materials on and off tank 
     cars and cargo tank trucks.
       (b) Inclusion.--The regulations prescribed under subsection 
     (a) may include procedures for equipment inspection, 
     personnel protection, and necessary safeguards.
       (c) Consideration.--In prescribing regulations under 
     subsection (a), the Secretary shall give due consideration to 
     carrier rules and procedures that produce an equivalent level 
     of safety.

     SEC. 34008. HAZARDOUS MATERIAL TECHNICAL ASSESSMENT, RESEARCH 
                   AND DEVELOPMENT, AND ANALYSIS PROGRAM.

       (a) In General.--Chapter 51 is amended by inserting after 
     section 5117 the following:

     ``Sec.  5118. Hazardous material technical assessment, 
       research and development, and analysis program

       ``(a) Risk Reduction.--
       ``(1) Program authorized.--The Secretary of Transportation 
     may develop and implement a hazardous material technical 
     assessment, research and development, and analysis program 
     for the purpose of--
       ``(A) reducing the risks associated with the transportation 
     of hazardous material; and
       ``(B) identifying and evaluating new technologies to 
     facilitate the safe, secure, and efficient transportation of 
     hazardous material.
       ``(2) Coordination.--In developing the program under 
     paragraph (1), the Secretary shall--
       ``(A) utilize information gathered from other modal 
     administrations with similar programs; and
       ``(B) coordinate with other modal administrations, as 
     appropriate.
       ``(b) Cooperation.--In carrying out subsection (a), the 
     Secretary may work cooperatively with regulated and other 
     entities, including shippers, carriers, emergency responders, 
     State and local officials, and academic institutions.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     51 is amended by inserting after the item relating to section 
     5117 the following:

``5118. Hazardous material technical assessment, research and 
              development, and analysis program.''.

     SEC. 34009. HAZARDOUS MATERIAL ENFORCEMENT TRAINING PROGRAM.

       (a) In General.--The Secretary shall establish a multimodal 
     hazardous material enforcement training program for 
     government hazardous materials inspectors and investigators--
       (1) to develop uniform performance standards for training 
     hazardous material inspectors and investigators; and
       (2) to train hazardous material inspectors and 
     investigators on--
       (A) how to collect, analyze, and publish findings from 
     inspections and investigations of accidents or incidents 
     involving the transportation of hazardous material; and
       (B) how to identify noncompliance with regulations issued 
     under chapter 51 of title 49, United States Code, and take 
     appropriate enforcement action.
       (b) Standards and Guidelines.--Under the program 
     established under this section, the Secretary may develop--
       (1) guidelines for hazardous material inspector and 
     investigator qualifications;
       (2) best practices and standards for hazardous material 
     inspector and investigator training programs; and
       (3) standard protocols to coordinate investigation efforts 
     among Federal, State, and local jurisdictions on accidents or 
     incidents involving the transportation of hazardous material.
       (c) Availability.--The standards, protocols, and findings 
     of the program established under this section--
       (1) shall be mandatory for--
       (A) the Department of Transportation's multimodal personnel 
     conducting hazardous material enforcement inspections or 
     investigations; and
       (B) State employees who conduct federally funded compliance 
     reviews, inspections, or investigations; and
       (2) shall be made available to Federal, State, and local 
     hazardous materials safety enforcement personnel.

     SEC. 34010. INSPECTIONS.

       (a) Notice of Enforcement Measures.--Section 5121(c)(1) is 
     amended--
       (1) in subparagraph (E), by striking ``and'' at the end;
       (2) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(G) shall provide to the affected offeror, carrier, 
     packaging manufacturer or tester, or other person responsible 
     for the package reasonable notice of--
       ``(i) his or her decision to exercise his or her authority 
     under paragraph (1);
       ``(ii) any findings made; and
       ``(iii) any actions being taken as a result of a finding of 
     noncompliance.''.
       (b) Regulations.--Section 5121(e) is amended by adding at 
     the end the following:
       ``(3) Matters to be addressed.--The regulations issued 
     under this subsection shall address--
       ``(A) the safe and expeditious resumption of transportation 
     of perishable hazardous material, including 
     radiopharmaceuticals and other medical products, that may 
     require timely delivery due to life-threatening situations;
       ``(B) the means by which--
       ``(i) noncompliant packages that present an imminent hazard 
     are placed out-of-service until the condition is corrected; 
     and
       ``(ii) noncompliant packages that do not present a hazard 
     are moved to their final destination;
       ``(C) appropriate training and equipment for inspectors; 
     and
       ``(D) the proper closure of packaging in accordance with 
     the hazardous material regulations.''.
       (c) Grants and Cooperative Agreements.--Section 5121(g)(1) 
     is amended by inserting ``safety and'' before ``security''.

     SEC. 34011. CIVIL PENALTIES.

       Section 5123 is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``$50,000'' and inserting 
     ``$75,000''; and
       (B) in paragraph (2), by striking ``$100,000'' and 
     inserting ``$175,000''; and
       (2) by adding at the end the following:
       ``(h) Penalty for Obstruction of Inspections and 
     Investigations.--The Secretary may impose a penalty on a 
     person who obstructs or prevents the Secretary from carrying 
     out inspections or investigations under subsection (c) or (i) 
     of section 5121.
       ``(i) Prohibition on Hazardous Material Operations After 
     Nonpayment of Penalties.--
       ``(1) In general.--Except as provided under paragraph (2), 
     a person subject to the jurisdiction of the Secretary under 
     this chapter who fails to pay a civil penalty assessed under 
     this chapter, or fails to arrange and abide by an acceptable 
     payment plan for such civil penalty, may not conduct any 
     activity regulated under this chapter beginning on the 91st 
     day after the date specified by order of the Secretary for 
     payment of such penalty unless the person has filed a formal 
     administrative or judicial appeal of the penalty.
       ``(2) Exception.--Paragraph (1) shall not apply to any 
     person who is unable to pay a civil penalty because such 
     person is a debtor in a case under chapter 11 of title 11.
       ``(3) Rulemaking.--Not later than 2 years after the date of 
     the enactment of this subsection, the Secretary, after 
     providing notice and an opportunity for public comment, shall 
     issue regulations that--
       ``(A) set forth procedures to require a person who is 
     delinquent in paying civil penalties to cease any activity 
     regulated under this chapter until payment has been made or 
     an acceptable payment plan has been arranged; and
       ``(B) ensures that the person described in subparagraph 
     (A)--
       ``(i) is notified in writing; and
       ``(ii) is given an opportunity to respond before the person 
     is required to cease the activity.''.

     SEC. 34012. REPORTING OF FEES.

       Section 5125(f)(2) is amended by striking ``, upon the 
     Secretary's request,'' and inserting ``biennially''.

     SEC. 34013. SPECIAL PERMITS, APPROVALS, AND EXCLUSIONS.

       (a) In General.--Section 5117 is amended to read as 
     follows:

     ``Sec.  5117. Special permits, approvals, and exclusions

       ``(a) Authority To Issue Special Permits.--
       ``(1) Conditions.--The Secretary of Transportation may 
     issue, modify, or terminate a special permit implementing new 
     technologies or authorizing a variance from a

[[Page S1345]]

     provision under this chapter or a regulation prescribed under 
     section 5103(b), 5104, 5110, or 5112 to a person performing a 
     function regulated by the Secretary under section 5103(b)(1) 
     to achieve--
       ``(A) a safety level at least equal to the safety level 
     required under this chapter; or
       ``(B) a safety level consistent with the public interest 
     and this chapter, if a required safety level does not exist.
       ``(2) Findings required.--
       ``(A) In general.--Before issuing, renewing, or modifying a 
     special permit or granting party status to a special permit, 
     the Secretary shall determine that the person is fit to 
     conduct the activity authorized by such permit in a manner 
     that achieves the level of safety required under paragraph 
     (1).
       ``(B) Considerations.--In making the determination under 
     subparagraph (A), the Secretary shall consider--
       ``(i) the person's safety history (including prior 
     compliance history);
       ``(ii) the person's accident and incident history; and
       ``(iii) any other information the Secretary considers 
     appropriate to make such a determination.
       ``(3) Effective period.--A special permit issued under this 
     section--
       ``(A) shall be for an initial period of not more than 2 
     years;
       ``(B) may be renewed by the Secretary upon application--
       ``(i) for successive periods of not more than 4 years each; 
     or
       ``(ii) in the case of a special permit relating to section 
     5112, for an additional period of not more than 2 years.
       ``(b) Applications.--
       ``(1) Required documentation.--When applying for a special 
     permit or the renewal or modification of a special permit or 
     requesting party status to a special permit under this 
     section, the Secretary shall require the person to submit an 
     application that contains--
       ``(A) a detailed description of the person's request;
       ``(B) a listing of the person's current facilities and 
     addresses where the special permit will be utilized;
       ``(C) a safety analysis prescribed by the Secretary that 
     justifies the special permit;
       ``(D) documentation to support the safety analysis;
       ``(E) a certification of safety fitness; and
       ``(F) proof of registration, as required under section 
     5108.
       ``(2) Public notice.--The Secretary shall--
       ``(A) publish notice in the Federal Register that an 
     application for a special permit has been filed; and
       ``(B) provide the public an opportunity to inspect and 
     comment on the application.
       ``(3) Savings clause.--This subsection does not require the 
     release of information protected by law from public 
     disclosure.
       ``(c) Coordinate and Communicate With Modal Contact 
     Officials.--
       ``(1) In general.--In evaluating applications under 
     subsection (b), and making the findings and determinations 
     under subsections (a), (e), and (h), the Administrator of the 
     Pipeline and Hazardous Materials Safety Administration shall 
     consult, coordinate, or notify the modal contact official 
     responsible for the specified mode of transportation that 
     will be utilized under a special permit or approval before--
       ``(A) issuing, modifying, or renewing the special permit;
       ``(B) granting party status to the special permit; or
       ``(C) issuing or renewing the special permit or approval.
       ``(2) Modal contact official defined.--In this section, the 
     term `modal contact official' means--
       ``(A) the Administrator of the Federal Aviation 
     Administration;
       ``(B) the Administrator of the Federal Motor Carrier 
     Safety;
       ``(C) the Administrator of the Federal Railroad 
     Administration; and
       ``(D) the Commandant of the Coast Guard.
       ``(d) Applications To Be Dealt With Promptly.--The 
     Secretary shall--
       ``(1) issue, modify, renew, or grant party status to a 
     special permit or approval for which a request was filed 
     under this section, or deny the issuance, modification, 
     renewal, or grant, on or before the last day of the 180-day 
     period beginning on the first day of the month following the 
     date of the filing of the request; or
       ``(2) publish a statement in the Federal Register that--
       ``(A) describes the reason for the delay of the Secretary's 
     decision on the special permit or approval; and
       ``(B) includes an estimate of the additional time necessary 
     before the decision is made.
       ``(e) Emergency Processing of Special Permits.--
       ``(1) Findings required.--The Secretary may not grant a 
     request for emergency processing of a special permit unless 
     the Secretary determines that--
       ``(A) a special permit is necessary for national security 
     purposes;
       ``(B) processing on a routine basis under this section 
     would result in significant injury to persons or property; or
       ``(C) a special permit is necessary to prevent significant 
     economic loss or damage to the environment that could not be 
     prevented if the application were processed on a routine 
     basis.
       ``(2) Waiver of fitness test.--The Secretary may waive the 
     requirement under subsection (a)(2) for a request for which 
     the Secretary makes a determination under subparagraph (A) or 
     (B) of paragraph (1).
       ``(3) Notification.--Not later than 90 days after the date 
     of issuance of a special permit under this subsection, the 
     Secretary shall publish a notice in the Federal Register of 
     the issuance that includes--
       ``(A) a statement of the basis for the finding of 
     emergency; and
       ``(B) the scope and duration of the special permit.
       ``(4) Effective period.--A special permit issued under this 
     subsection shall be effective for a period not to exceed 180 
     days.
       ``(f) Exclusions.--
       ``(1) In general.--The Secretary shall exclude, in any 
     part, from this chapter and regulations prescribed under this 
     chapter--
       ``(A) a public vessel (as defined in section 2101 of title 
     46);
       ``(B) a vessel exempted under section 3702 of title 46 or 
     from chapter 37 of title 46; and
       ``(C) a vessel to the extent it is regulated under the 
     Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221, et 
     seq.).
       ``(2) Firearms.--This chapter and regulations prescribed 
     under this chapter do not prohibit--
       ``(A) or regulate transportation of a firearm (as defined 
     in section 232 of title 18), or ammunition for a firearm, by 
     an individual for personal use; or
       ``(B) transportation of a firearm or ammunition in 
     commerce.
       ``(g) Limitation on Authority.--Unless the Secretary 
     decides that an emergency exists, a person subject to this 
     chapter may only be granted a variance from this chapter 
     through a special permit or renewal granted under this 
     section.
       ``(h) Approvals.--
       ``(1) Findings required.--
       ``(A) In general.--The Secretary may not issue an approval 
     or grant the renewal of an approval pursuant to part 107 of 
     title 49, Code of Federal Regulations until the Secretary has 
     determined that the person is fit, willing, and able to 
     conduct the activity authorized by the approval in a manner 
     that achieves the level of safety required under subsection 
     (a)(1).
       ``(B) Considerations.--In making a determination under 
     subparagraph (A), the Secretary shall consider--
       ``(i) the person's safety history (including prior 
     compliance history);
       ``(ii) the person's accident and incident history; and
       ``(iii) any other information the Secretary considers 
     appropriate to make such a determination.
       ``(2) Required documentation.--When applying for an 
     approval or renewal or modification of an approval under this 
     section, the Secretary shall require the person to submit an 
     application that contains--
       ``(A) a detailed description of the person's request;
       ``(B) a listing of the persons current facilities and 
     addresses where the approval will be utilized;
       ``(C) a safety analysis prescribed by the Secretary that 
     justifies the approval;
       ``(D) documentation to support the safety analysis;
       ``(E) a certification of safety fitness; and
       ``(F) the verification of registration required under 
     section 5108.
       ``(3) Savings provision.--Nothing in this subsection may be 
     construed to require the release of information protected by 
     law from public disclosure.
       ``(i) Noncompliance.--The Secretary may modify, suspend, or 
     terminate a special permit or approval if the Secretary 
     determines that--
       ``(1) the person who was granted the special permit or 
     approval has violated the special permit or approval or the 
     regulations issued under this chapter in a manner that 
     demonstrates that the person is not fit to conduct the 
     activity authorized by the special permit or approval; or
       ``(2) the special permit or approval is unsafe.
       ``(j) Rulemaking.--Not later than 2 years after the date of 
     the enactment of the Hazardous Materials Transportation 
     Safety Improvement Act of 2012, the Secretary, after 
     providing notice and an opportunity for public comment, shall 
     issue regulations that establish--
       ``(1) standard operating procedures to support 
     administration of the special permit and approval programs; 
     and
       ``(2) objective criteria to support the evaluation of 
     special permit and approval applications.
       ``(k) Annual Review of Certain Special Permits.--
       ``(1) Review.--The Secretary shall conduct an annual review 
     and analysis of special permits--
       ``(A) to identify consistently used and longstanding 
     special permits with an established safety record; and
       ``(B) to determine whether such permits may be converted 
     into the hazardous materials regulations.
       ``(2) Factors.--In conducting the review and analysis under 
     paragraph (1), the Secretary may consider--
       ``(A) the safety record for hazardous materials transported 
     under the special permit;
       ``(B) the application of a special permit;
       ``(C) the suitability of provisions in the special permit 
     for incorporation into the hazardous materials regulations; 
     and
       ``(D) rulemaking activity in related areas.

[[Page S1346]]

       ``(3) Rulemaking.--After completing the review and analysis 
     under paragraph (1) and providing notice and opportunity for 
     public comment, the Secretary shall issue regulations, as 
     needed.''.
       (b) Conforming Amendment.--The analysis for chapter 51 is 
     amended by striking the item relating to section 5117 and 
     inserting the following:

``5117. Special permits, approvals, and exclusions.''.

     SEC. 34014. HIGHWAY ROUTING DISCLOSURES.

       (a) List of Route Designations.--Section 5112(c) is 
     amended--
       (1) by striking ``In coordination'' and inserting the 
     following:
       ``(1) In general.--In coordination''; and
       (2) by adding at the end the following:
       ``(2) State responsibilities.--
       ``(A) In general.--Each State shall submit to the 
     Secretary, in a form and manner to be determined by the 
     Secretary and in accordance with subparagraph (B)--
       ``(i) the name of the State agency responsible for 
     hazardous material highway route designations; and
       ``(ii) a list of the State's currently effective hazardous 
     material highway route designations.
       ``(B) Frequency.--Each State shall submit the information 
     described in subparagraph (A)(ii)--
       ``(i) at least once every 2 years; and
       ``(ii) not later than 60 days after a hazardous material 
     highway route designation is established, amended, or 
     discontinued.''.
       (b) Compliance With Section 5112.--Section 5125(c)(1) is 
     amended by inserting ``, and is published in the Department's 
     hazardous materials route registry under section 5112(c)'' 
     before the period at the end.

     SEC. 34015. AUTHORIZATION OF APPROPRIATIONS.

       Section 5128 is amended to read as follows:

     ``Sec.  5128. Authorization of appropriations

       ``(a) In General.--There are authorized to be appropriated 
     to the Secretary to carry out this chapter (except sections 
     5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)--
       ``(1) $42,338,000 for fiscal year 2012; and
       ``(2) $42,762,000 for fiscal year 2013.
       ``(b) Hazardous Materials Emergency Preparedness Fund.--
     From the Hazardous Materials Emergency Preparedness Fund 
     established under section 5116(i), the Secretary may expend, 
     during each of fiscal years 2012 and 2013--
       ``(1) $188,000 to carry out section 5115;
       ``(2) $21,800,000 to carry out subsections (a) and (b) of 
     section 5116, of which not less than $13,650,000 shall be 
     available to carry out section 5116(b);
       ``(3) $150,000 to carry out section 5116(f);
       ``(4) $625,000 to publish and distribute the Emergency 
     Response Guidebook under section 5116(i)(3); and
       ``(5) $1,000,000 to carry out section 5116(j).
       ``(c) Hazardous Materials Training Grants.--From the 
     Hazardous Materials Emergency Preparedness Fund established 
     pursuant to section 5116(i), the Secretary may expend 
     $4,000,000 for each of the fiscal years 2012 and 2013 to 
     carry out section 5107(e).
       ``(d) Credits to Appropriations.--
       ``(1) Expenses.--In addition to amounts otherwise made 
     available to carry out this chapter, the Secretary may credit 
     amounts received from a State, Indian tribe, or other public 
     authority or private entity for expenses the Secretary incurs 
     in providing training to the State, authority, or entity.
       ``(2) Availability of amounts.--Amounts made available 
     under this section shall remain available until expended.''.

      TITLE V--RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION 
                      REAUTHORIZATION ACT OF 2012

     SEC. 35001. SHORT TITLE.

       This title may be cited as the ``Research and Innovative 
     Technology Administration Reauthorization Act of 2012''.

     SEC. 35002. NATIONAL COOPERATIVE FREIGHT RESEARCH PROGRAM.

       Section 509(d) of title 23, United States Code, is amended 
     by adding at the end the following:
       ``(6) Coordination of cooperative research.--The National 
     Academy of Sciences shall coordinate research agendas, 
     research project selections, and competitions across all 
     transportation-related cooperative research programs 
     conducted by the National Academy of Sciences to ensure 
     program efficiency, effectiveness, and sharing of research 
     findings.''.

     SEC. 35003. BUREAU OF TRANSPORTATION STATISTICS.

       (a) In General.--Subtitle III of title 49, United States 
     Code, is amended by adding at the end the following:

           ``CHAPTER 63--BUREAU OF TRANSPORTATION STATISTICS

           ``subchapter i--bureau of transportation statistics

``Sec.
``6301. Establishment.
``6302. Director.
``6303. Responsibilities.
``6304. National Transportation Library.
``6305. Advisory Council on Transportation Statistics.
``6306. Transportation statistical collection, analysis, and 
              dissemination.
``6307. Furnishing information, data, or reports by Federal agencies.
``6308. Prohibition on certain disclosures.
``6309. Data access.
``6310. Proceeds of data product sales.
``6311. Information collection.
``6312. National transportation atlas database.
``6313. Limitations on statutory construction.
``6314. Research and development grants.
``6315. Transportation statistics annual report.
``6316. Mandatory response authority for data collections.

          ``SUBCHAPTER I--BUREAU OF TRANSPORTATION STATISTICS

     ``Sec.  6301. Establishment

       ``There is established, in the Research and Innovative 
     Technology Administration, a Bureau of Transportation 
     Statistics (referred to in this subchapter as the `Bureau').

     ``Sec.  6302. Director

       ``(a) Appointment.--The Bureau shall be headed by a 
     Director, who shall be appointed in the competitive service 
     by the Secretary of Transportation.
       ``(b) Qualifications.--The Director shall be appointed from 
     among individuals who are qualified to serve as the Director 
     by virtue of their training and experience in the collection, 
     analysis, and use of transportation statistics.

     ``Sec.  6303. Responsibilities

       ``(a) Duties of the Director.--The Director, who shall 
     serve as the Secretary of Transportation's senior advisor on 
     data and statistics, shall be responsible for carrying out 
     the following duties:
       ``(1) Ensuring that the statistics compiled under paragraph 
     (6) are designed to support transportation decisionmaking by 
     the Federal Government, State and local governments, 
     metropolitan planning organizations, transportation-related 
     associations, the private sector (including the freight 
     community), and the public.
       ``(2) Establishing a program, on behalf of the Secretary--
       ``(A) to effectively integrate safety data across modes; 
     and
       ``(B) to address gaps in existing safety data programs of 
     the Department of Transportation.
       ``(3) Working with the operating administrations of the 
     Department of Transportation--
       ``(A) to establish and implement the Bureau's data 
     programs; and
       ``(B) to improve the coordination of information collection 
     efforts with other Federal agencies.
       ``(4) Continually improving surveys and data collection 
     methods to improve the accuracy and utility of transportation 
     statistics.
       ``(5) Encouraging the standardization of data, data 
     collection methods, and data management and storage 
     technologies for data collected by the Bureau, the operating 
     administrations of the Department of Transportation, States, 
     local governments, metropolitan planning organizations, and 
     private sector entities.
       ``(6) Collecting, compiling, analyzing, and publishing a 
     comprehensive set of transportation statistics on the 
     performance and impacts of the national transportation 
     system, including statistics on--
       ``(A) transportation safety across all modes and 
     intermodally;
       ``(B) the state of good repair of United States 
     transportation infrastructure.
       ``(C) the extent, connectivity, and condition of the 
     transportation system, building on the national 
     transportation atlas database developed under section 6312;
       ``(D) economic efficiency throughout the entire 
     transportation sector;
       ``(E) the effects of the transportation system on global 
     and domestic economic competitiveness;
       ``(F) demographic, economic, and other variables 
     influencing travel behavior, including choice of 
     transportation mode and goods movement;
       ``(G) transportation-related variables that influence the 
     domestic economy and global competitiveness;
       ``(H) the economic costs and impacts for passenger travel 
     and freight movement;
       ``(I) intermodal and multimodal passenger movement;
       ``(J) intermodal and multimodal freight movement; and
       ``(K) the consequences of transportation for the human and 
     natural environment, sustainable transportation, and livable 
     communities.
       ``(7) Building and disseminating the transportation layer 
     of the National Spatial Data Infrastructure developed under 
     Executive Order 12906, including--
       ``(A) coordinating the development of transportation 
     geospatial data standards;
       ``(B) compiling intermodal geospatial data; and
       ``(C) collecting geospatial data that is not being 
     collected by others.
       ``(8) Issuing guidelines for the collection of information 
     by the Department of Transportation that is required for 
     transportation statistics, modeling, economic assessment, and 
     program assessment in order to ensure that such information 
     is accurate, reliable, relevant, uniform and in a form that 
     permits systematic analysis by the Department.
       ``(9) Reviewing and reporting to the Secretary of 
     Transportation on the sources and reliability of--
       ``(A) the statistics proposed by the heads of the operating 
     administrations of the Department of Transportation to 
     measure outputs

[[Page S1347]]

     and outcomes, as required by the Government Performance and 
     Results Act of 1993 (Public Law 103 62; 107 Stat. 285); and
       ``(B) other data collected or statistical information 
     published by the heads of the operating administrations of 
     the Department.
       ``(10) Making the statistics published under this 
     subsection readily accessible to the public, consistent with 
     applicable security constraints and confidentiality 
     interests.
       ``(b) Access to Federal Data.--In carrying out subsection 
     (a)(2), the Director shall be provided access to--
       ``(1) all safety data held by any agency of the Department; 
     and
       ``(2) all safety data held by any other Federal Government 
     agency that is germane to carrying out subsection (a), upon 
     written request and subject to any statutory or regulatory 
     restrictions.
       ``(c) Intermodal Transportation Database.--
       ``(1) In general.--In consultation with the Under Secretary 
     for Policy, the Assistant Secretaries, and the heads of the 
     operating administrations of the Department of 
     Transportation, the Director shall establish and maintain a 
     transportation database for all modes of transportation.
       ``(2) Use of database.--The database established under this 
     subsection shall be suitable for analyses carried out by the 
     Federal Government, the States, and metropolitan planning 
     organizations.
       ``(3) Contents.--The database established under this 
     section shall include--
       ``(A) information on the volumes and patterns of movement, 
     including local, interregional, and international movement--
       ``(i) of goods by all modes of transportation and 
     intermodal combinations, and by relevant classification; and
       ``(ii) of people by all modes of transportation (including 
     bicycle and pedestrian modes) and intermodal combinations, 
     and by relevant classification;
       ``(B) information on the location and connectivity of 
     transportation facilities and services; and
       ``(C) a national accounting of expenditures and capital 
     stocks on each mode of transportation and intermodal 
     combination.

     ``Sec.  6304. National Transportation Library

       ``(a) Purpose and Establishment.--There is established, in 
     the Bureau, a National Transportation Library (referred to in 
     this section as the `Library'), which shall--
       ``(1) support the information management and decisionmaking 
     needs of transportation at Federal, State, and local levels;
       ``(2) be headed by an individual who is highly qualified in 
     library and information science;
       ``(3) acquire, preserve, and manage transportation 
     information and information products and services for use of 
     the Department of Transportation, other Federal agencies, and 
     the general public;
       ``(4) provide reference and research assistance;
       ``(5) serve as a central depository for research results 
     and technical publications of the Department of 
     Transportation;
       ``(6) provide a central clearinghouse for transportation 
     data and information in the Federal Government;
       ``(7) serve as coordinator and policy lead for 
     transportation information access;
       ``(8) provide transportation information and information 
     products and services to the Department of Transportation, 
     other agencies of the Federal Government, public and private 
     organizations, and individuals, within the United States and 
     internationally;
       ``(9) coordinate efforts among, and cooperate with, 
     transportation libraries, information providers, and 
     technical assistance centers, in conjunction with private 
     industry and other transportation library and information 
     centers, toward the development of a comprehensive 
     transportation information and knowledge network supporting 
     activities described in subparagraphs (A) through (K) of 
     section 6303(a)(6); and
       ``(10) engage in such other activities as the Director 
     determines appropriate and as the Library's resources permit.
       ``(b) Access.--The Director shall publicize, facilitate, 
     and promote access to the information products and services 
     described in subsection (a) to improve--
       ``(1) the ability of the transportation community to share 
     information; and
       ``(2) the ability of the Director to make statistics and 
     other information readily accessible under section 
     6303(a)(10).
       ``(c) Agreements.--
       ``(1) In general.--The Director may enter into agreements 
     with, award grants to, and receive funds from any State and 
     other political subdivision, organization, business, or 
     individual for the purpose of conducting activities under 
     this section.
       ``(2) Contracts, grants, and agreements.--The Library may 
     initiate and support specific information and data 
     management, access, and exchange activities in connection 
     with matters relating to Department of Transportation's 
     strategic goals, knowledge networking, and national and 
     international cooperation by entering into contracts or 
     awarding grants for the conduct of such activities.
       ``(3) Funds.--Amounts received under this subsection for 
     payments for library products and services or other 
     activities shall--
       ``(A) be deposited in the Research and Innovative 
     Technology Administration's general fund account; and
       ``(B) remain available to the Library until expended.

     ``Sec.  6305. Advisory Council on Transportation Statistics

       ``(a) In General.--The Director shall maintain an Advisory 
     Council on Transportation Statistics (referred to in this 
     section as the `Advisory Council').
       ``(b) Function.--The Advisory Council shall advise the 
     Director on--
       ``(1) the quality, reliability, consistency, objectivity, 
     and relevance of transportation statistics and analyses 
     collected, supported, or disseminated by the Bureau and the 
     Department of Transportation; and
       ``(2) methods to encourage cooperation and interoperability 
     of transportation data collected by the Bureau, the operating 
     administrations of the Department, States, local governments, 
     metropolitan planning organizations, and private sector 
     entities.
       ``(c) Membership.--
       ``(1) In general.--The Advisory Council shall be composed 
     of not fewer than 9 members and not more than 11 members, who 
     shall be appointed by the Director.
       ``(2) Selection.--In selecting members for the Advisory 
     Council, the Director shall appoint individuals who--
       ``(A) are not officers or employees of the United States;
       ``(B) possess expertise in--
       ``(i) transportation data collection, analysis, or 
     application;
       ``(ii) economics; or
       ``(iii) transportation safety; and
       ``(C) represent a cross section of transportation 
     stakeholders, to the greatest extent possible.
       ``(3) Terms of appointment.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     members of the Advisory Council--
       ``(i) shall be appointed to staggered terms not to exceed 3 
     years; and
       ``(ii) may be renominated for 1 additional 3-year term.
       ``(B) Current members.--Members serving on the Advisory 
     Council as of the date of the enactment of the Research and 
     Innovative Technology Administration Reauthorization Act of 
     2012 shall serve until the end of their appointed terms.
       ``(d) Applicability of Federal Advisory Committee Act.--The 
     Federal Advisory Committee Act (except for section 14 of such 
     Act) shall apply to the Advisory Council.

     ``Sec.  6306. Transportation statistical collection, 
       analysis, and dissemination

       ``To ensure that all transportation statistical collection, 
     analysis, and dissemination is carried out in a coordinated 
     manner, the Director may--
       ``(1) utilize, with their consent, the services, equipment, 
     records, personnel, information, and facilities of other 
     Federal, State, local, and private agencies and 
     instrumentalities with or without reimbursement for such 
     utilization;
       ``(2) enter into agreements with agencies and 
     instrumentalities referred to in paragraph (1) for purposes 
     of data collection and analysis;
       ``(3) confer and cooperate with foreign governments, 
     international organizations, States, municipalities, and 
     other local agencies;
       ``(4) request such information, data, and reports from any 
     Federal agency as may be required to carry out the purposes 
     of this section;
       ``(5) encourage replication, coordination, and sharing 
     among transportation agencies regarding information systems, 
     information policy, and data; and
       ``(6) confer and cooperate with Federal statistical 
     agencies as needed to carry out the purposes of this section, 
     including by entering into cooperative data sharing 
     agreements in conformity with all laws and regulations 
     applicable to the disclosure and use of data.

     ``Sec.  6307. Furnishing information, data, or reports by 
       Federal agencies

       ``Federal agencies requested to furnish information, data, 
     or reports under section 6303(b) shall provide such 
     information to the Bureau as is required to carry out the 
     purposes of this section.

     ``Sec.  6308. Prohibition on certain disclosures

       ``(a) In General.--An officer, employee, or contractor of 
     the Bureau may not--
       ``(1) make any disclosure in which the data provided by an 
     individual or organization under section 6303 can be 
     identified;
       ``(2) use the information provided under section 6303 for a 
     nonstatistical purpose; or
       ``(3) permit anyone other than an individual authorized by 
     the Director to examine any individual report provided under 
     section 6303.
       ``(b) Copies of Reports.--
       ``(1) In general.--A department, bureau, agency, officer, 
     or employee of the United States (except the Director in 
     carrying out this section) may not require, for any reason, a 
     copy of any report that has been filed under section 6303 
     with the Bureau or retained by an individual respondent.
       ``(2) Limitation on judicial proceedings.--A copy of a 
     report described in paragraph (1) that has been retained by 
     an individual respondent or filed with the Bureau or any of 
     its employees, contractors, or agents--
       ``(A) shall be immune from legal process; and
       ``(B) may not, without the consent of the individual 
     concerned, be admitted as evidence or used for any purpose in 
     any action, suit, or other judicial or administrative 
     proceedings.

[[Page S1348]]

       ``(3) Applicability.--This subsection shall only apply to 
     reports that permit information concerning an individual or 
     organization to be reasonably determined by direct or 
     indirect means.
       ``(c) Informing Respondent of Use of Data.--If the Bureau 
     is authorized by statute to collect data or information for a 
     nonstatistical purpose, the Director shall clearly 
     distinguish the collection of such data or information, by 
     rule and on the collection instrument, to inform a respondent 
     who is requested or required to supply the data or 
     information of the nonstatistical purpose.

     ``Sec.  6309. Data access

       ``The Director shall be provided access to transportation 
     and transportation-related information in the possession of 
     any Federal agency, except--
       ``(1) information that is expressly prohibited by law from 
     being disclosed to another Federal agency; or
       ``(2) information that the agency possessing the 
     information determines could not be disclosed without 
     significantly impairing the discharge of authorities and 
     responsibilities which have been delegated to, or vested by 
     law, in such agency.

     ``Sec.  6310. Proceeds of data product sales

       ``Notwithstanding section 3302 of title 31, amounts 
     received by the Bureau from the sale of data products, for 
     necessary expenses incurred, may be credited to the Highway 
     Trust Fund (other than the Mass Transit Account) for the 
     purpose of reimbursing the Bureau for such expenses.

     ``Sec.  6311. Information collection

       ``As the head of an independent Federal statistical agency, 
     the Director may consult directly with the Office of 
     Management and Budget concerning any survey, questionnaire, 
     or interview that the Director considers necessary to carry 
     out the statistical responsibilities under this subchapter.

     ``Sec.  6312. National transportation atlas database

       ``(a) In General.--The Director shall develop and maintain 
     a national transportation atlas database that is comprised of 
     geospatial databases that depict--
       ``(1) transportation networks;
       ``(2) flows of people, goods, vehicles, and craft over the 
     networks; and
       ``(3) social, economic, and environmental conditions that 
     affect, or are affected by, the networks.
       ``(b) Intermodal Network Analysis.--The databases developed 
     under subsection (a) shall be capable of supporting 
     intermodal network analysis.

     ``Sec.  6313. Limitations on statutory construction

       ``Nothing in this subchapter may be construed--
       ``(1) to authorize the Bureau to require any other 
     department or agency to collect data; or
       ``(2) to reduce the authority of any other officer of the 
     Department to independently collect and disseminate data.

     ``Sec.  6314. Research and development grants

       ``The Secretary may award grants to, or enter into 
     cooperative agreements or contracts with, public and 
     nonprofit private entities (including State transportation 
     departments, metropolitan planning organizations, and 
     institutions of higher education) for--
       ``(1) investigation of the subjects specified in section 
     6303 and research and development of new methods of data 
     collection, standardization, management, integration, 
     dissemination, interpretation, and analysis;
       ``(2) demonstration programs by States, local governments, 
     and metropolitan planning organizations to coordinate data 
     collection, reporting, management, storage, and archiving to 
     simplify data comparisons across jurisdictions;
       ``(3) development of electronic clearinghouses of 
     transportation data and related information, as part of the 
     National Transportation Library under section 6304; and
       ``(4) development and improvement of methods for sharing 
     geographic data, in support of the database under section 
     6303 and the National Spatial Data Infrastructure.

     ``Sec.  6315. Transportation statistics annual report

       ``The Director shall submit to the President and Congress a 
     transportation statistics annual report, which shall 
     include--
       ``(1) information on items referred to in section 
     6303(a)(6);
       ``(2) documentation of methods used to obtain and ensure 
     the quality of the statistics presented in the report; and
       ``(3) recommendations for improving transportation 
     statistical information.

     ``Sec.  6316. Mandatory response authority for data 
       collections

       ``Any individual who, as the owner, official, agent, person 
     in charge, or assistant to the person in charge of any 
     corporation, company, business, institution, establishment, 
     organization of any nature or the member of a household, 
     neglects or refuses, after requested by the Director or other 
     authorized officer, employee, or contractor of the Bureau, to 
     answer completely and correctly to the best of the 
     individual's knowledge all questions relating to the 
     corporation, company, business, institution, establishment, 
     or other organization or household, or to make available 
     records or statistics in the individual's official custody, 
     contained in a data collection request prepared and submitted 
     under section 6303(a)--
       ``(1) shall be fined not more than $500, except as provided 
     under paragraph (2); and
       ``(2) if the individual willfully gives a false answer to 
     such a question, shall be fined not more than $10,000.''.
       (b) Rules of Construction.--In transferring the provisions 
     under section 111 of title 49, United States Code, to chapter 
     63 of title 49, as added by subsection (a), the following 
     rules of construction shall apply:
       (1) For purposes of determining whether 1 provision of law 
     supersedes another based on enactment later in time, a 
     provision under chapter 63 of title 49, United States Code, 
     is deemed to have been enacted on the date of the enactment 
     of the corresponding provision under section 111 of such 
     title.
       (2) A reference to a provision under such chapter 65 is 
     deemed to refer to the corresponding provision under such 
     section 111.
       (3) A reference to a provision under such section 111, 
     including a reference in a regulation, order, or other law, 
     is deemed to refer to the corresponding provision under such 
     chapter 65.
       (4) A regulation, order, or other administrative action 
     authorized by a provision under such section 111 continues to 
     be authorized by the corresponding provision under such 
     chapter 65.
       (5) An action taken or an offense committed under a 
     provision of such section 111 is deemed to have been taken or 
     committed under the corresponding provision of such chapter 
     65.
       (c) Conforming Amendments.--
       (1) Repeal.--Chapter 1 of title 49, United States Code, is 
     amended--
       (A) by repealing section 111; and
       (B) by striking the item relating to section 111 in the 
     chapter analysis.
       (2) Analysis of subtitle iii.--The table of chapters for 
     subtitle III of title 49, United States Code, is amended by 
     inserting after the item for chapter 61 the following:

  ``63. Bureau of Transportation Statistics.....................6301''.

     SEC. 35004. 5.9 GHZ VEHICLE-TO-VEHICLE AND VEHICLE-TO-
                   INFRASTRUCTURE COMMUNICATIONS SYSTEMS 
                   DEPLOYMENT.

       (a) In General.--Subchapter I of chapter 55 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec.  5507. GHz vehicle-to-vehicle and vehicle-to-
       infrastructure communications systems deployment

       ``(a) In General.--Not later than 3 years after the date of 
     the enactment of this section, the Secretary shall submit a 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Transportation 
     and Infrastructure of the House of Representatives, and the 
     Committee on Energy and Commerce of the House of 
     Representatives that--
       ``(1) defines a recommended implementation path for 
     Dedicated Short Range Communications (DSRC) technology and 
     applications; and
       ``(2) includes guidance concerning the relationship of the 
     proposed DSRC deployment to Intelligent Transportation System 
     National Architecture and Standards.
       ``(b) Report Review.--The Secretary shall enter into an 
     agreement for the review of the report submitted under 
     subsection (a) by an independent third party with subject 
     matter expertise.''.
       (b) Conforming Amendment.--The analysis of chapter 55 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 5506, the following:

``5507. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure 
              communications systems deployment.''.

     SEC. 35005. ADMINISTRATIVE AUTHORITY.

       Section 112 of title 49, United States Code, is amended by 
     inserting after subsection (e) the following:
       ``(f) Program Evaluation and Oversight.--The Administrator 
     is authorized to expend not more than 1.5 percent of the 
     amounts authorized to be appropriated for each of the fiscal 
     years 2012 and 2013, for necessary expenses for 
     administration and operations of the Research and Innovative 
     Technology Administration for the coordination, evaluation, 
     and oversight of the programs administered by the 
     Administration.
       ``(g) Collaborative Research and Development.--
       ``(1) In general.--To encourage innovative solutions to 
     multimodal transportation problems and stimulate the 
     deployment of new technology, the Administrator may carry 
     out, on a cost-shared basis, collaborative research and 
     development with--
       ``(A) non-Federal entities, including State and local 
     governments, foreign governments, colleges and universities, 
     corporations, institutions, partnerships, sole 
     proprietorships, and trade associations that are incorporated 
     or established under the laws of any State;
       ``(B) Federal laboratories; and
       ``(C) other Federal agencies.
       ``(2) Cooperation, grants, contracts, and agreements.--
     Notwithstanding any other provision of law, the Administrator 
     may directly initiate contracts, grants, other transactions, 
     and cooperative research and development agreements (as 
     defined in section 12 of the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3710a)) to fund, and accept 
     funds from, the Transportation Research Board of the National 
     Research Council of the National Academy of Sciences, State 
     departments of transportation, cities, counties, 
     universities, associations, and the agents of such entities 
     to conduct joint transportation research and technology 
     efforts.

[[Page S1349]]

       ``(3) Federal share.--
       ``(A) In general.--The Federal share of the cost of 
     activities carried out under a cooperative research and 
     development agreement entered into under this subsection may 
     not exceed 50 percent unless the Secretary approves a greater 
     Federal share due to substantial public interest or benefit.
       ``(B) Non-federal share.--All costs directly incurred by 
     the non-Federal partners, including personnel, travel, 
     facility, and hardware development costs, shall be credited 
     toward the non-Federal share of the cost of the activities 
     described in subparagraph (A).
       ``(4) Use of technology.--The research, development, or use 
     of a technology under a cooperative research and development 
     agreement entered into under this subsection, including the 
     terms under which the technology may be licensed and the 
     resulting royalties may be distributed, shall be subject to 
     the Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3701 et seq.).
       ``(5) Waiver of advertising requirements.--Section 6101 of 
     title 41 shall not apply to a contract, grant, or other 
     agreement entered into under this chapter.''.

     SEC. 35006. PRIZE AUTHORITY.

       (a) In General.--Chapter 3 of title 49, United States Code, 
     is amended by inserting before section 336 the following:

     ``SEC. 335. PRIZE AUTHORITY.

       ``(a) In General.--The Secretary of Transportation may 
     carry out a program, in accordance with this section, to 
     competitively award cash prizes to stimulate innovation in 
     basic and applied research, technology development, and 
     prototype demonstration that have the potential for 
     application to the national transportation system.
       ``(b) Topics.--In selecting topics for prize competitions 
     under this section, the Secretary shall--
       ``(1) consult with a wide variety of Government and 
     nongovernment representatives; and
       ``(2) give consideration to prize goals that demonstrate 
     innovative approaches and strategies to improve the safety, 
     efficiency, and sustainability of the national transportation 
     system.
       ``(c) Advertising.--The Secretary shall encourage 
     participation in the prize competitions through extensive 
     advertising.
       ``(d) Requirements and Registration.--For each prize 
     competition, the Secretary shall publish a notice on a public 
     website that describes--
       ``(1) the subject of the competition;
       ``(2) the eligibility rules for participation in the 
     competition;
       ``(3) the amount of the prize; and
       ``(4) the basis on which a winner will be selected.
       ``(e) Eligibility.--An individual or entity may not receive 
     a prize under this section unless the individual or entity--
       ``(1) has registered to participate in the competition 
     pursuant to any rules promulgated by the Secretary under this 
     section;
       ``(2) has complied with all the requirements under this 
     section;
       ``(3)(A) in the case of a private entity, is incorporated 
     in, and maintains a primary place of business in, the United 
     States; or
       ``(B) in the case of an individual, whether participating 
     singly or in a group, is a citizen or permanent resident of 
     the United States; and
       ``(4) is not a Federal entity or Federal employee acting 
     within the scope of his or her employment.
       ``(f) Liability.--
       ``(1) Assumption of risk.--
       ``(A) In general.--A registered participant shall agree to 
     assume any and all risks and waive claims against the Federal 
     Government and its related entities, except in the case of 
     willful misconduct, for any injury, death, damage, or loss of 
     property, revenue, or profits, whether direct, indirect, or 
     consequential, arising from participation in a competition, 
     whether such injury, death, damage, or loss arises through 
     negligence or otherwise.
       ``(B) Related entity.--In this paragraph, the term `related 
     entity' means a contractor, subcontractor (at any tier), 
     supplier, user, customer, cooperating party, grantee, 
     investigator, or detailee.
       ``(2) Financial responsibility.--A participant shall obtain 
     liability insurance or demonstrate financial responsibility, 
     in amounts determined by the Secretary, for claims by--
       ``(A) a third party for death, bodily injury, or property 
     damage, or loss resulting from an activity carried out in 
     connection with participation in a competition, with the 
     Federal Government named as an additional insured under the 
     registered participant's insurance policy and registered 
     participants agreeing to indemnify the Federal Government 
     against third party claims for damages arising from or 
     related to competition activities; and
       ``(B) the Federal Government for damage or loss to 
     Government property resulting from such an activity.
       ``(g) Judges.--
       ``(1) Selection.--For each prize competition, the 
     Secretary, either directly or through an agreement under 
     subsection (h), shall assemble a panel of qualified judges to 
     select the winner or winners of the prize competition on the 
     basis described in subsection (d). Judges for each 
     competition shall include individuals from outside the 
     Administration, including the private sector.
       ``(2) Limitations.--A judge selected under this subsection 
     may not--
       ``(A) have personal or financial interests in, or be an 
     employee, officer, director, or agent of, any entity that is 
     a registered participant in a prize competition under this 
     section; or
       ``(B) have a familial or financial relationship with an 
     individual who is a registered participant.
       ``(h) Administering the Competition.--The Secretary may 
     enter into an agreement with a private, nonprofit entity to 
     administer the prize competition, subject to the provisions 
     of this section.
       ``(i) Funding.--
       ``(1) Private sector funding.--A cash prize under this 
     section may consist of funds appropriated by the Federal 
     Government and funds provided by the private sector. The 
     Secretary may accept funds from other Federal agencies, State 
     and local governments, and metropolitan planning 
     organizations for the cash prizes. The Secretary may not give 
     any special consideration to any private sector entity in 
     return for a donation under this paragraph.
       ``(2) Availability of funds.--Notwithstanding any other 
     provision of law, amounts appropriated for prize awards under 
     this section--
       ``(A) shall remain available until expended; and
       ``(B) may not be transferred, reprogrammed, or expended for 
     other purposes until after the expiration of the 10-year 
     period beginning on the last day of the fiscal year for which 
     the funds were originally appropriated.
       ``(3) Savings provision.--Nothing in this subsection may be 
     construed to permit the obligation or payment of funds in 
     violation of the Anti-Deficiency Act (31 U.S.C. 1341).
       ``(4) Prize announcement.--A prize may not be announced 
     under this section until all the funds needed to pay out the 
     announced amount of the prize have been appropriated or 
     committed in writing by a private source.
       ``(5) Prize increases.--The Secretary may increase the 
     amount of a prize after the initial announcement of the prize 
     under this section if--
       ``(A) notice of the increase is provided in the same manner 
     as the initial notice of the prize; and
       ``(B) the funds needed to pay out the announced amount of 
     the increase have been appropriated or committed in writing 
     by a private source.
       ``(6) Congressional notification.--A prize competition 
     under this section may offer a prize in an amount greater 
     than $1,000,000 only after 30 days have elapsed after written 
     notice has been transmitted to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Science, Space, and Technology of the House of 
     Representatives.
       ``(7) Award limit.--A prize competition under this section 
     may not result in the award of more than $25,000 in cash 
     prizes without the approval of the Secretary.
       ``(j) Use of Department Name and Insignia.--A registered 
     participant in a prize competition under this section may use 
     the Department's name, initials, or insignia only after prior 
     review and written approval by the Secretary.
       ``(k) Compliance With Existing Law.--The Federal Government 
     shall not, by virtue of offering or providing a prize under 
     this section, be responsible for compliance by registered 
     participants in a prize competition with Federal law, 
     including licensing, export control, and non-proliferation 
     laws, and related regulations.''.
       (b) Conforming Amendment.--The analysis of chapter 3 of 
     title 49, United States Code, is amended by inserting before 
     the item relating to section 336 the following:

``335. Prize authority.''.

     SEC. 35007. TRANSPORTATION RESEARCH AND DEVELOPMENT.

       Section 508(a) of title 23, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``SAFETEA LU'' and 
     inserting ``Research and Innovative Technology Administration 
     Reauthorization Act of 2012''; and
       (2) by amending paragraph (2)(A) to read as follows:
       ``(A) describe the primary purposes of the transportation 
     research and development program, which shall include--
       ``(i) promoting safety;
       ``(ii) reducing congestion and improving mobility;
       ``(iii) promoting security;
       ``(iv) protecting and enhancing the environment;
       ``(v) preserving the existing transportation system; and
       ``(vi) improving transportation infrastructure, in 
     coordination with Department of Transportation strategic 
     goals and planning efforts;''.

     SEC. 35008. USE OF FUNDS FOR INTELLIGENT TRANSPORTATION 
                   SYSTEMS ACTIVITIES.

       Section 513 of title 23, United States Code, is amended to 
     read as follows:

     ``Sec.  513. Use of funds for ITS activities

       ``(a) In General.--The Secretary may use not more than 
     $500,000 of the amounts made available to the Department for 
     each fiscal year to carry out the Intelligent Transportation 
     Systems Program (referred to in this section as `ITS') on 
     intelligent transportation system outreach, websites, public 
     relations, displays, tours, and brochures.
       ``(b) Purpose.--Amounts authorized for use under subsection 
     (a) are intended to develop, administer, communicate, and 
     promote the

[[Page S1350]]

     use of products of research, technology, and technology 
     transfer programs under this section.
       ``(c) ITS Deployment Incentives.--
       ``(1) In general.--The Secretary may develop and implement 
     incentives to accelerate the deployment of ITS technologies 
     and services within all programs receiving amounts 
     appropriated pursuant to section 35009 of the Research and 
     Innovative Technology Administration Reauthorization Act of 
     2012.
       ``(2) Comprehensive plan.--The Secretary shall develop a 
     detailed and comprehensive plan to carry out this subsection 
     that addresses how incentives may be adopted, as appropriate, 
     through the existing deployment activities carried out by 
     surface transportation modal administrations.''.

     SEC. 35009. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     out of the Highway Trust Fund (other than the Mass Transit 
     Account), under the conditions set forth in subsection (b)--
       (1) $27,297,000 for fiscal year 2012; and
       (2) $27,597,000 for fiscal year 2013.
       (b) Applicability of Title 23, United States Code.--
       (1) In general.--Except as provided in paragraph (2), 
     amounts appropriated pursuant to subsection (a) shall be 
     available for obligation in the same manner as if such funds 
     were apportioned under chapter 1 of title 23, United States 
     Code.
       (2) Federal share.--The Federal share of the cost of a 
     project or activity carried out with amounts appropriated 
     pursuant to subsection (a) shall be 50 percent unless another 
     percentage is--
       (A) expressly provided under this Act or the amendments 
     made by this Act; or
       (B) determined by the Secretary.
       (3) Availability; transferability.--Amounts appropriated 
     pursuant to subsection (a) shall remain available until 
     expended and shall not be transferable.

TITLE VI--NATIONAL RAIL SYSTEM PRESERVATION, EXPANSION, AND DEVELOPMENT 
                              ACT OF 2012

     SEC. 36001. SHORT TITLE.

       This title may be cited as the ``National Rail System 
     Preservation, Expansion, and Development Act of 2012''.

     SEC. 36002. REFERENCES TO TITLE 49, UNITED STATES CODE.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or a repeal of, a section or other provision, 
     the reference shall be considered to be made to a section or 
     other provision of title 49, United States Code.

 Subtitle A--Federal and State Roles in Rail Planning and Development 
                                 Tools

     SEC. 36101. RAIL PLANS.

       (a) Long-range National Rail Plan.--Section 103 is amended 
     by amending subsection (j)(2) to read as follows:
       ``(2) in coordination with the Secretary of Transportation, 
     develop and routinely update a long-range national rail plan 
     pursuant to chapter 227;''.
       (b) National Rail Plan.--Chapter 227 is amended to read as 
     follows:

     ``Sec.  22701. National Rail Plan

       ``(a) In General.--The Secretary of Transportation shall--
       ``(1) not later than 1 year after the date of enactment of 
     the --
       ``(A) develop a long-range national rail plan--
       ``(i) in coordination with the Administrator of the Federal 
     Railroad Administration and the Surface Transportation Board; 
     and
       ``(ii) in consultation with Amtrak, freight railroads, 
     nonprofit employee labor organizations, and other rail 
     industry stakeholders; and
       ``(B) submit the national rail plan under subparagraph (A) 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives;
       ``(2) routinely update the national rail plan--
       ``(A) in coordination with the Administrator of the Federal 
     Railroad Administration and the Surface Transportation Board; 
     and
       ``(B) in consultation with Amtrak, freight railroads, 
     nonprofit employee labor organizations, and other rail 
     industry stakeholders; and
       ``(3) submit the updated national rail plan under paragraph 
     (2) at the same time as the President's budget submission.
       ``(b) National Rail Plan.--The national rail plan shall--
       ``(1) be subject to refinement by regional and State rail 
     plans;
       ``(2) be consistent with the rail needs of the Nation and 
     Federal surface transportation or multi-modal policies and 
     plans, as determined by the Secretary;
       ``(3) promote an integrated, cohesive, safe, efficient, and 
     optimized national rail system for the movement of goods and 
     people and to support the national economy and other national 
     needs; and
       ``(4) contain a specific national intercity passenger rail 
     development plan and a freight rail plan that are consistent 
     with other Federal strategy, planning, and investment 
     efforts.
       ``(c) Objectives.--The objectives of the national rail plan 
     are--
       ``(1) to implement a national policy and strategy to 
     support, preserve, improve, and further develop existing and 
     future high-speed and intercity passenger rail transportation 
     and freight rail transportation; and
       ``(2) to provide a national framework to be refined and 
     implemented by regional rail plans under section 22702 and 
     State rail plans under 22703.
       ``(d) Contents.--The national rail plan shall include--
       ``(1) the conditions under which Federal investments in 
     intercity passenger rail and freight rail are justified, 
     including consideration of--
       ``(A) population size and density;
       ``(B) projected population and economic growth and changing 
     demographic characteristics;
       ``(C) connections to local rail and bus transit, 
     alternative transportation options, and multi-modal freight 
     transportation nodes;
       ``(D) economic profile of specific markets;
       ``(E) congestion on existing transportation facilities and 
     constraints on future capacity enhancements, in relation to 
     efficient movement of both goods and people;
       ``(F) distances between markets;
       ``(G) geographic characteristics;
       ``(H) demand for present and future freight rail 
     transportation services;
       ``(I) ability to serve underserved communities and enhance 
     intra-and inter-regional connectivity of mega-regions;
       ``(J) transportation safety data and analyses;
       ``(K) travel market size; and
       ``(L) availability and quality of service from other 
     transportation modes within a market;
       ``(2) a national map with a prioritized designation of 
     existing and developing markets to be served by specific rail 
     routes and services that meet the criteria described in 
     paragraph (1);
       ``(3) defined corridor and service categories, including--
       ``(A) services to be offered;
       ``(B) peak or average speeds to be achieved;
       ``(C) frequencies to be offered; and
       ``(D) populations to be served;
       ``(4) a schedule and strategy for the phased implementation 
     of corridors and services identified in the plan;
       ``(5) a discussion of benefits and costs of potential 
     investments in high-speed or intercity passenger rail or 
     freight rail that considers all system user and public 
     benefits and costs from a network perspective, including 
     factors such as potential ridership, travel time reductions 
     and improved reliability, benefits of enhanced mobility of 
     goods and people, environmental benefits, economic 
     development benefits, and other public benefits;
       ``(6) a strategy for investments in passenger stations, 
     including investment in intermodal stations that are linked 
     to local public transportation, other intercity 
     transportation modes, and non-motorized transportation 
     options, and that connect residential areas, commercial 
     areas, and other nearby transportation facilities that 
     support intercity passenger rail and high-speed rail service, 
     and in freight-related facilities, that is consistent with 
     other Federal strategy, planning, and investment efforts;
       ``(7) performance standards for fiscal and operational 
     performance of new and enhanced high-speed and intercity 
     passenger rail services;
       ``(8) analysis of the environmental impacts of the national 
     rail plan;
       ``(9) recommendations for project financing, management and 
     implementation for corridor development, station development, 
     freight capacity development, and similar projects;
       ``(10) recommendations for the integration of freight and 
     passenger service in a manner that provides for mutual and 
     complementary growth;
       ``(11) a plan for integrating any proposed new services 
     with existing services;
       ``(12) service design and project execution protocols, 
     including design and construction standards, requirements 
     needed to ensure interoperability, and any other protocols 
     the Secretary deems appropriate; and
       ``(13) additional factors that the Secretary deems 
     relevant.

     ``Sec.  22702. Regional rail plans

       ``(a) In General.--The Secretary shall--
       ``(1) develop a regional rail plan for each region, except 
     the Northeast Corridor, that contains a detailed plan for 
     implementing the national rail plan, including any plans for 
     public investment in projects that contribute to efficient 
     movement and increased capacity for freight by--
       ``(A) regional rail authorities, as defined by the 
     Secretary; or
       ``(B) any 2 or more States that have entered into 
     interstate compacts, agreements, or organizations for the 
     purpose of developing such plans; and
       ``(2) in developing each regional rail plan, coordinate 
     with--
       ``(A) States;
       ``(B) local communities;
       ``(C) railroad infrastructure owners;
       ``(D) regional air quality planning agencies;
       ``(E) Amtrak;
       ``(F) passenger rail service operators;
       ``(G) freight railroad operators;
       ``(H) metropolitan planning organizations;
       ``(I) governing authorities for transit systems or 
     airports;
       ``(J) tribal governments;
       ``(K) the general public, including low-income and minority 
     populations, people with disabilities, and older Americans; 
     and

[[Page S1351]]

       ``(L) non-profit labor employee organizations.
       ``(b) Purposes.--The purposes of a regional rail plan shall 
     be to refine and advance the implementation of the national 
     rail plan under section 22701.
       ``(c) Contents.--A regional rail plan shall include--
       ``(1) a map--
       ``(A) that indicates detailed alignment alternatives for 
     any new corridor identified in the national rail plan under 
     section 22701; and
       ``(B) that identifies the location of each potential new 
     station;
       ``(2) a phasing plan for developing or upgrading specific 
     segments of the regional network;
       ``(3) the identification of any environmental impact 
     analyses required under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) or other laws (including 
     regulations);
       ``(4) a full capital cost estimate for developing the 
     regional network;
       ``(5) an analysis of operating financial forecasts;
       ``(6) a benefit-cost analysis for the regional network that 
     considers both user and public benefits and the costs from a 
     network perspective, including factors such as ridership 
     projections, travel time reductions, enhanced mobility 
     benefits, environmental benefits, economic benefits, and 
     other public benefits;
       ``(7) an analysis of potential land use policies and 
     strategies for areas near high-speed and intercity passenger 
     rail stations;
       ``(8) potential non-Federal funding sources, including a 
     detailed consideration of anticipated private sector 
     participation;
       ``(9) a proposal for the institutional and governance 
     structures that will be necessary to develop the regional 
     network;
       ``(10) other project implementation considerations, 
     including an analysis of the readiness of specific corridors 
     to proceed for development;
       ``(11) an examination of multi-modal connections that 
     considers the most cost-effective means for achieving the 
     region's transportation goals and objectives;
       ``(12) identification of plans for cost-effective, public 
     investment in intercity passenger rail projects that 
     contribute toward the efficient movement and increased 
     capacity for freight rail operations;
       ``(13) a list of capital projects needed to implement a 
     region's portion of the national rail plan;
       ``(14) a plan for coordinating service and capital projects 
     with adjacent regions;
       ``(15) a plan for crossing international borders, as 
     appropriate;
       ``(16) a plan for integrating any proposed new services 
     with existing service; and
       ``(17) a description of how the regional rail plan refines 
     and advances the implementation of the national rail plan.
       ``(d) Updates.--Not later than 1 year after the publication 
     of the national rail plan under section 22701 and 
     periodically thereafter, the Secretary shall update each 
     regional rail plan--
       ``(1) to reflect any material changes to the contents under 
     subsection (c); and
       ``(2) to include any changes made to the national rail plan 
     under section 22701.
       ``(e) Waiver.--The Secretary may waive a content 
     requirement under subsection (c) as necessary to accommodate 
     a unique characteristic or situation in a region.

     ``Sec.  22703. State rail plans

       ``(a) In General.--A State may prepare and maintain a State 
     rail plan. A State rail plan shall--
       ``(1) be consistent with the national rail plan under 
     section 22701;
       ``(2) be consistent with the regional rail plans under 
     section 22702;
       ``(3) coordinate with other State transportation planning 
     goals and programs, including the statewide transportation 
     plans under section 135 of title 23, and
       ``(4) set forth rail transportation's role within the 
     State's transportation system.
       ``(b) Purposes.--The purposes of a State rail plan shall be 
     to refine and advance the implementation of the national rail 
     plan and relevant regional rail plan under sections 22701 and 
     22702.
       ``(c) Objectives.--The objectives of a State rail plan 
     shall be--
       ``(1) to set forth the State's policy on freight and 
     intercity passenger rail transportation, including commuter 
     rail operations, within the State;
       ``(2) to establish the time period covered by the State 
     rail plan;
       ``(3) to present the priorities and strategies to enhance 
     rail service within the State that benefits the public; and
       ``(4) to serve as the basis for Federal and State rail 
     investments within the State.
       ``(d) Requirements.--
       ``(1) Establishment.--The Secretary shall establish minimum 
     requirements, consistent with sections 22701 and 22702, for 
     the preparation and periodic revision of a State rail plan, 
     including--
       ``(A) the establishment or designation of a State rail 
     transportation authority to prepare, maintain, coordinate, 
     and administer the State rail plan;
       ``(B) the establishment or designation of a State approval 
     authority to approve the State rail plan;
       ``(C) the submission of the State's approved State rail 
     plan to the Secretary for review and approval; and
       ``(D) the revision and resubmittal of a State-approved 
     State rail plan for review and approval by the Secretary not 
     less than once every 5 years.
       ``(2) Review.--The Secretary shall prescribe procedures for 
     a State to submit a State rail plan for review and approval, 
     including standardized format and data requirements.
       ``(3) Compliance.--The Secretary shall deem a State rail 
     plan to be in compliance with this chapter if the State rail 
     plan--
       ``(A) is completed before the date of enactment of the ; 
     and
       ``(B) substantially meets the requirements of chapter 227 
     as in effect on the day before the date of enactment of .
       ``(4) Updates.--A State rail plan that is deemed in 
     compliance under paragraph (3) shall be updated not later 
     than 1 year after the date of enactment of the .
       ``(e) Contents.--A State rail plan shall include--
       ``(1) an inventory of the existing overall rail 
     transportation system and rail services and facilities within 
     the State;
       ``(2) an analysis of the role of rail transportation within 
     the State's surface transportation system;
       ``(3) a review of all rail lines within the State, 
     including any proposed high-speed rail corridors and 
     significant rail line segments not currently in service;
       ``(4) a statement of the State's passenger rail service 
     objectives, including minimum service levels, for rail 
     transportation routes within the State;
       ``(5) a general analysis of rail's transportation, 
     economic, and environmental impacts within the State, 
     including congestion mitigation, trade and economic 
     development, air quality, land-use, energy-use, and community 
     impacts;
       ``(6) a long-range rail service and investment program for 
     current and future freight and intercity passenger 
     infrastructure within the State that meets the requirements 
     under subsection (f);
       ``(7) a statement of the public financing issues for rail 
     projects or service within the State, including a list of 
     current and prospective public capital and operating funding 
     resources, public subsidies, State taxation, and other 
     financial policies relating to rail infrastructure 
     development;
       ``(8) the identification of rail infrastructure issues 
     within the State, after consulting with relevant 
     stakeholders;
       ``(9) a review of major passenger and freight intermodal 
     rail connections and facilities within the State, including 
     seaports;
       ``(10) a list of prioritized options to maximize service 
     integration and efficiency between rail and other modes of 
     transportation within the State;
       ``(11) a review of publicly funded projects within the 
     State to improve rail transportation safety and security, 
     including major projects funded under section 130 of title 
     23;
       ``(12) a performance evaluation of passenger rail services 
     operating in the State, including possible improvements to 
     those services and a description of strategies to achieve the 
     improvements;
       ``(13) a compilation of studies and reports on high-speed 
     rail corridor development within the State that were not 
     included in a prior plan under this chapter;
       ``(14) a plan for funding any recommended development of a 
     high-speed rail corridor within the State; and
       ``(15) a statement that the State is in compliance with the 
     requirements of section 22102.
       ``(f) Long-range Rail Service and Investment Program.--
       ``(1) Contents.--A long-range rail service and investment 
     program under subsection (e)(6) shall include--
       ``(A) a prioritized list of any freight or intercity 
     passenger rail capital projects expected to be commenced or 
     supported in whole or in part by the State; and
       ``(B) a detailed capital and operating funding plan for 
     each rail capital project under subparagraph (A).
       ``(2) Rail capital projects list.--
       ``(A) Contents.--A list of rail capital projects under 
     paragraph (1)(A) shall include--
       ``(i) a description of the anticipated public and private 
     benefits of each rail capital project; and
       ``(ii) a statement of the correlation between--

       ``(I) public funding contributions for each rail capital 
     project; and
       ``(II) the public benefits.

       ``(B) Considerations.--A State rail transportation 
     authority shall consider, when preparing a list of rail 
     capital projects under this subsection--
       ``(i) contributions made by non-Federal and non-State 
     sources through user fees, matching funds, or other private 
     capital involvement;
       ``(ii) rail capacity and congestion effects;
       ``(iii) effects on highway, aviation, and maritime 
     capacity, congestion, and safety;
       ``(iv) regional balance;
       ``(v) environmental impact;
       ``(vi) economic and employment impacts; and
       ``(vii) projected ridership and other service measures for 
     passenger rail projects.
       ``(g) A State shall not be eligible to receive financial 
     assistance under chapter 244 or 261 unless the State 
     completes a State rail plan pursuant to this section.

     ``Sec.  22704. Transparency and coordination

       ``(a) Preparation and Review.--

[[Page S1352]]

       ``(1) Federal transparency.--The Secretary of 
     Transportation shall provide adequate and reasonable notice 
     and an opportunity for comment to the public, rail carriers, 
     commuter and transit authorities (operating in or affected by 
     rail operations within the region or State), units of local 
     government, and other interested parties when the Secretary 
     prepares or reviews the national rail plan under section 
     22701 or a regional rail plan under section 22702.
       ``(2) State transparency.--A State shall provide adequate 
     and reasonable notice and an opportunity for comment to the 
     public, rail carriers, commuter and transit authorities 
     (operating in or affected by rail operations within the 
     region or the State), units of local government, and other 
     interested parties, when the State prepares or reviews a 
     State rail plan under section 22703.
       ``(b) Intergovernmental Coordination.--A State shall--
       ``(1) review the freight and passenger rail service 
     activities and initiatives by regional planning agencies, 
     regional transportation authorities, and municipalities 
     (within the State or within the region in which the State is 
     located) when preparing a State rail plan; and
       ``(2) include any recommendations made by the regional 
     planning agencies, regional transportation authorities, and 
     municipalities (within the State or within the region in 
     which the State is located), as deemed appropriate by the 
     State.

     ``Sec.  22705. Definitions

       ``In this chapter:
       ``(1) Private benefit.--The term `private benefit' means a 
     benefit--
       ``(A) that is determined on a project-by-project basis, 
     based upon an agreement between the parties;
       ``(B) that is accrued to a person or private entity, other 
     than Amtrak, that directly improves the economic and 
     competitive condition of the person or private entity through 
     improved assets, cost reductions, service improvements, or 
     other means as defined by the Secretary; or
       ``(C) that is defined by the Secretary, with advice from 
     the States and rail carriers if the Secretary deems such 
     advice necessary.
       ``(2) Public benefit.--The term `public benefit' means a 
     benefit--
       ``(A) that is determined on a project-by-project basis, 
     based upon an agreement between the parties;
       ``(B) that is accrued to the public, including Amtrak, in 
     the form of enhanced mobility of people or goods, 
     environmental protection or enhancement, congestion 
     mitigation, enhanced trade and economic development, improved 
     air quality or land use, more efficient energy use, enhanced 
     public safety or security, reduction of public expenditures 
     due to improved transportation efficiency or infrastructure 
     preservation, and any other positive community effects as 
     defined by the Secretary; or
       ``(C) that is defined by the Secretary, with advice from 
     the States and rail carriers if the Secretary deems such 
     advice necessary.
       ``(3) State.--The term `State' means any of the 50 States 
     and the District of Columbia.
       ``(4) State rail transportation authority.--The term `State 
     rail transportation authority' means the State agency or 
     official responsible under the direction of the Governor of 
     the State or a State law for the preparation, maintenance, 
     coordination, and administration of the State rail plan.''.

     SEC. 36102. IMPROVED DATA ON DELAY.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Transportation, in coordination with 
     Amtrak, freight railroads, and other parties, as appropriate, 
     shall develop guidance for developing improved, including 
     automated, means of measuring on-time performance delays.

     SEC. 36103. DATA AND MODELING.

       (a) Data.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     conduct a data needs assessment, in consultation with the 
     Surface Transportation Board, Amtrak, freight railroads, and 
     State and local governments, to support the development of an 
     efficient and effective intercity passenger rail network. The 
     data needs assessment shall, among other things--
       (1) identify the data needed to conduct cost-effective 
     modeling and analysis for high-speed and intercity passenger 
     rail development programs;
       (2) determine limitations to the data used for inputs and 
     develop a strategy to address the limitations;
       (3) identify barriers to accessing existing data;
       (4) include recommendations regarding whether the 
     authorization of additional data collection for intercity 
     passenger rail travel is warranted; and
       (5) determine which entities will be responsible for 
     generating or collecting needed data.
       (b) Modeling.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     develop or improve modeling capabilities to support the 
     development of an efficient and effective intercity passenger 
     rail network, including service development, capacity 
     expansion, cost-effectiveness, and ridership estimates.
       (c) Benefit-cost Analysis.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary of 
     Transportation shall enhance the usefulness of assessments of 
     benefits and costs, for both intercity passenger rail and 
     freight rail projects by--
       (1) providing ongoing guidance and training on developing 
     benefit and cost information for rail projects;
       (2) providing more direct and consistent requirements for 
     assessing benefits and costs across transportation funding 
     programs, including the appropriate use of discount rates;
       (3) requiring an applicant to clearly communicate the 
     methodology that is used to calculate the project benefits 
     and costs, including information on assumptions underlying 
     calculations, strengths and limitations of data used, and the 
     level of uncertainty in estimates of project benefits and 
     costs; and
       (4) ensuring that an applicant receives clear and 
     consistent guidance on values to apply for key assumptions 
     used to estimate potential project benefits and costs.
       (d) Confidential Data.--For the purposes of this section, 
     the Secretary of Transportation shall protect any 
     confidential data from public disclosure and such 
     confidential data shall only be provided on the basis of a 
     voluntary agreement.

     SEC. 36104. SHARED-USE CORRIDOR STUDY.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall complete a shared-
     use corridor study, in consultation with the Surface 
     Transportation Board, Amtrak, freight railroads, States, non-
     profit employee labor organizations, and other users of the 
     rail system, as appropriate, to evaluate the best means to 
     enhance and support the further development of high-speed and 
     intercity passenger rail service within United States shared-
     use corridors.
       (b) Contents.--In conducting the shared-use corridor study, 
     the Secretary shall--
       (1) survey the access arrangements for high-speed and 
     intercity passenger rail service for use of rail 
     infrastructure, assets and facilities owned by freight 
     railroads, commuter authorities, or other entities, and 
     standard processes for the resolution of disputes relating to 
     such access;
       (2) evaluate the roles and responsibilities of high-speed 
     and intercity passenger rail, freight rail, and commuter rail 
     service providers and infrastructure owners in complying with 
     Federal, State, and local applicable requirements within 
     United States shared-use corridors;
       (3) evaluate the roles and responsibilities of Federal, 
     State, and local governments, infrastructure owners, and high 
     speed and intercity passenger rail, freight rail, and 
     commuter rail service providers in supporting both the 
     preservation and expansion of high-speed and intercity 
     passenger rail service, freight transportation, and commuter 
     transportation on shared infrastructure or rights-of-way;
       (4) evaluate the roles and responsibilities of high-speed 
     and intercity passenger rail, freight rail, and commuter rail 
     service providers in achieving satisfactory on time 
     performance for passenger and freight rail services in shared 
     use corridors; and
       (5) evaluate other issues identified by the Secretary.
       (c) Report.--Not later than 90 days after the date the 
     shared-use corridor study is completed under subsection (a), 
     the Secretary shall--
       (1) report the results of the shared-use corridor study to 
     the Senate Committee on Commerce, Science, and Transportation 
     and the House of Representatives Committee on Transportation 
     and Infrastructure; and
       (2) make the shared-use corridor study available to the 
     public on the Department of Transportation's website.

     SEC. 36105. COOPERATIVE EQUIPMENT POOL.

       (a) In General.--The Next Generation Corridor Equipment 
     Pool Committee established under section 305 of the Passenger 
     Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 
     note) shall continue to implement its authorized functions, 
     as appropriate, and shall maintain and update, as needed, the 
     specifications created by the Committee.
       (b) Equipment Pooling Entity.--Section 305 of the Passenger 
     Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 
     note), is amended by adding at the end the following:
       ``(f) Equipment Pooling Entity.--
       ``(1) Establishment.--Not later than 1 year after the date 
     of enactment of the , the Committee shall create an equipment 
     pooling entity that includes--
       ``(A) Amtrak;
       ``(B) States that purchase, with Federal funds, intercity 
     passenger rail rolling stock and equipment that is built in 
     accordance with the specifications created by the Next 
     Generation Corridor Equipment Pool Committee; and
       ``(C) other States and entities, as appropriate.
       ``(2) In general.--The equipment pooling entity--
       ``(A) may--
       ``(i) be a corporation or other cooperative entity; and
       ``(ii) be owned or jointly-owned by Amtrak, a participating 
     State, or other entity; and
       ``(B) shall be authorized to--
       ``(i) lease or acquire intercity passenger rail rolling 
     stock and equipment used in State-supported corridor services 
     on routes that are not more than 750 miles between end 
     points, including by entering into agreements for the 
     funding, financing, procurement, remanufacture, ownership, 
     and disposal of the intercity passenger rail rolling stock 
     and equipment;

[[Page S1353]]

       ``(ii) maintain, manage, and allocate intercity passenger 
     rail rolling stock and equipment for use in State-supported 
     corridor services, including by charging appropriate amounts 
     for the use (including depreciation and financing costs) of 
     the intercity passenger rail rolling stock and equipment; and
       ``(iii) ensure adequate quantity and quality of appropriate 
     intercity passenger rail rolling stock and equipment to 
     support the State-supported corridor services' needs as 
     identified in the national rail plan, regional rail plans, or 
     State rail plans under chapter 227.
       ``(3) Transfer of equipment.--Amtrak, after consultation 
     with the Secretary, may sell, lease, or otherwise transfer 
     equipment currently owned or leased by Amtrak to the 
     equipment pooling entity. The operation and utilization of 
     any equipment transferred to the equipment pooling entity 
     shall be covered by section 24405(b).
       ``(4) Transfer requirement.--A State shall sell, lease, or 
     otherwise transfer equipment built in accordance with the 
     specifications created by the Next Generation Corridor 
     Equipment Pool Committee and purchased with Federal funds to 
     the equipment pooling entity unless the Secretary exempts a 
     State from this requirement.
       ``(g) Grant Funding.--A capital project to carry out this 
     section shall be eligible for grants under chapter 244. The 
     equipment pooling entity shall be an eligible grant recipient 
     under chapter 244.''.

     SEC. 36106. PROJECT MANAGEMENT OVERSIGHT AND PLANNING.

       Section 101(d) of the Passenger Rail Investment and 
     Improvement Act of 2008 (122 Stat. 4908) is amended--
       (1) by striking ``\1/2\ of''; and
       (2) by inserting ``and joint capital planning'' after 
     ``oversight''.

     SEC. 36107. IMPROVEMENTS TO THE CAPITAL ASSISTANCE PROGRAMS.

       (a) Amendments to Chapter 244.--Chapter 244 is amended--
       (1) in section 24401(1)--
       (A) by striking ``or'' the first place it appears; and
       (B) by striking ``service.'' and inserting ``service, or 
     Amtrak.'';
       (2) by amending section 24402(b) to read as follows:
       ``(b) Project as Part of the National Rail Plan, Regional 
     Rail Plans, or State Rail Plans.--
       ``(1) Grant approval.--The Secretary may not approve a 
     grant for a project under this section unless the Secretary 
     finds that--
       ``(A) the project is part of the national rail plan, a 
     regional rail plan, or a State rail plan under chapter 227; 
     or
       ``(B) the project is part of the capital spending plan 
     under section 211 of the Passenger Rail Investment and 
     Improvement Act of 2008 (49 U.S.C. 24902 note); and
       ``(C) the applicant or recipient has or will have directly 
     or through appropriate agreements with other entities, as 
     approved by the Secretary--
       ``(i) the legal, financial, and technical capacity to carry 
     out the project;
       ``(ii) satisfactory continuing control over the use of the 
     equipment or facilities; and
       ``(iii) the capability and willingness to maintain the 
     equipment or facilities.
       ``(2) Provision of information.--An applicant or recipient 
     shall provide sufficient information for the Secretary to 
     make the required findings under this subsection.
       ``(3) Justification.--An applicant or recipient, except for 
     Amtrak, that did not select the proposed operator of its 
     service competitively shall provide written justification to 
     the Secretary substantiating--
       ``(A) why the proposed operator is the best, taking into 
     account price and other factors; and
       ``(B) that the use of the proposed operator will not 
     unnecessarily increase the cost of the project.'';
       (3) in section 24402(c)--
       (A) by amending paragraph (1)(A) to read as follows:
       ``(1) that the project be part of the national rail plan, a 
     regional rail plan, or a State rail plan under chapter 227, 
     or the capital spending plan under section 211 of the 
     Passenger Rail Investment and Improvement Act of 2008 (49 
     U.S.C. 24902 note);'';
       (B) in paragraph (1)(D), by inserting ``, except for 
     Amtrak,'' after ``an applicant'';
       (C) by amending paragraph (1)(F) to read as follows:
       ``(F) that each project be compatible with and operate in 
     conformance with plans developed pursuant to the requirements 
     of section 135 of title 23, United States Code;'';
       (D) in paragraph (2)(C), by striking ``and'';
       (E) in paragraph (3)(B)(iii), by striking the period and 
     inserting ``; and''; and
       (F) by adding at the end the following:
       ``(4) achieve the appropriate mix of projects selected for 
     funding to ensure the advancement of the national rail plan, 
     including both the development of new or expanded routes and 
     services and the maintenance and improvement of the current 
     rail system.'';
       (4) by amending section 24402(d) to read as follows:
       ``(d) State Rail Plans.--State rail plans completed before 
     the date of enactment of the Passenger Rail Investment and 
     Improvement Act of 2008 (122 Stat. 4907) that substantially 
     meet the requirements of chapter 227 as in effect on the day 
     before the date of enactment of the , shall be deemed by the 
     Secretary to have met the requirements of subsection 
     (c)(1)(A) of this section.'';
       (5) by amending section 24402(e) to read as follows:
       ``(e) Project Transfers.--The Secretary may permit a 
     recipient under this section to enter into a cooperative 
     agreement to transfer the grant and related responsibilities 
     and requirements to Amtrak to expedite, enhance, or otherwise 
     facilitate the completion of the project and any such 
     transfer shall be subject to the requirements of this 
     chapter.'';
       (6) in the heading of section 24402(f), by striking ``and 
     Early Systems Work Agreements'';
       (7) by amending section 24402(f)(1) to read as follows:
       ``(1) In implementing this section, the Secretary may issue 
     a letter of intent to an applicant announcing an intention to 
     obligate, for a major capital project under this section, 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.'';
       (8) in section 24402(g) by--
       (A) amending paragraph (1)(B) to read as follows:
       ``(B) A grant--
       ``(i) for a project designated as part of a priority 
     corridor or service by the national rail plan and scheduled 
     within the national rail plan to be implemented within a time 
     frame consistent with the grant application shall not exceed 
     80 percent of the project net capital cost;
       ``(ii) for a project to implement a performance improvement 
     plan under section 24710 shall not exceed 100 percent of the 
     net project capital cost; and
       ``(iii) for any other project shall not exceed 50 percent 
     of the net project capital cost.''; and
       (B) by adding at the end the following:
       ``(5) When Amtrak is an applicant under this chapter, it 
     may use ticket and other revenues generated from its 
     operations and other sources to satisfy the non-Federal share 
     requirements under this subsection, except that Amtrak may 
     not use Federal funds authorized under subsections (a) or (c) 
     of section 101 of the Passenger Rail Investment and 
     Improvement Act of 2008 (122 Stat. 4908).'';
       (9) in section 24402(h), by striking ``2'' each place it 
     appears and inserting ``3'';
       (10) in section 24402(i)(1), by striking ``A metropolitan 
     planning organization, State transportation department, or 
     other project sponsor'' and inserting ``An applicant'';
       (11) by amending section 24402(k) to read as follows:
       ``(k) Small Capital Projects.--The Secretary shall make not 
     less than 5 percent annually available from the amounts 
     appropriated under section 24406 beginning in fiscal year 
     2009 for grants for capital projects eligible under this 
     section not exceeding $10,000,000, including costs eligible 
     under section 209(d) of the Passenger Rail Investment and 
     Improvement Act of 2008 (49 U.S.C. 24101 note). For grants 
     awarded under this subsection, the Secretary may waive one or 
     more of the requirements of this section, including State 
     rail plan requirements, or of section 24405(c)(1)(B), as 
     appropriate.'';
       (12) by amending section 24403(b) to read as follows:
       ``(b) Secretarial Oversight and Participation.--
       ``(1) The Secretary may use not more than 1 percent of 
     amounts made available in a fiscal year for capital projects 
     under this chapter to participate in the planning, 
     management, and oversight of the development and 
     implementation of any such projects.
       ``(2) The Secretary may use amounts available under 
     paragraph (1) to directly undertake or make contracts for 
     project planning and design participation or safety, 
     procurement, management, and financial compliance reviews and 
     audits of a recipient of grants awarded under this chapter.
       ``(3) The Federal Government shall pay the entire cost of 
     carrying out a contract under this subsection.''; and
       (13) in section 24405 by adding ``or between Amtrak and the 
     railroad'' after ``railroad'' in subsection (c)(1).
       (b) Chapter 244 Grant Procedures.--Not later than 180 days 
     after the date of enactment of this Act, the Secretary of 
     Transportation shall issue a final rule establishing grant 
     procedures, as required by section 24402(a) of title 49, 
     United States Code.
       (c) Amendments to Chapter 261.--Chapter 261 is amended--
       (1) in section 26106--
       (A) by amending subsection (a) to read as follows:
       ``(a) In General.--The Secretary of Transportation shall 
     establish and implement a high-speed rail corridor program 
     consistent with the national rail plan, regional rail plans, 
     and State rail plans required by chapter 227 of title 49, 
     United States Code.'';
       (B) by amending subsection (b)(2) to read as follows:
       ``(2) Corridor.--The term `corridor' means--
       ``(A) a corridor designated by the Secretary pursuant to 
     section 104(d)(2) of title 23; or
       ``(B) a corridor expected to achieve high-speed service 
     pursuant to section 22701 of title 49.'';
       (C) in subsection (e)(2)(A)--
       (i) in clause (ii), by inserting ``, directly or through 
     appropriate agreements with other entities,'' after ``have'';
       (ii) in clause (v), by inserting ``, except for Amtrak,'' 
     after ``applicant'';

[[Page S1354]]

       (iii) in clause (vi), by striking ``; and'' and inserting a 
     semicolon;
       (iv) in clause (vii)(II), by striking ``(if it is 
     available)''; and
       (v) by adding at the end the following:
       ``(viii) that the project and the high-speed rail services 
     it supports are coordinated and integrated with existing and 
     planned conventional intercity passenger rail services;
       ``(ix) that the Secretary, and Amtrak at the Secretary's 
     request, are permitted to participate in the planning, 
     design, management, and delivery of the project, as necessary 
     to ensure project success and promote interstate commerce; 
     and
       ``(x) that the Federal government is accorded an 
     appropriate participation, oversight, ownership, or control 
     in the project commensurate with the level of Federal 
     investment as determined by the Secretary;''; and
       (D) in subsection (e)(4), by striking ``pursuant to section 
     22506 of this title''.
       (d) Congestion Grants.--Section 24105 is amended--
       (1) in subsection (a)--
       (A) by striking ``in cooperation with States'' and ``high 
     priority rail corridor'';
       (B) by striking ``congestion'' and inserting ``freight or 
     commuter railroad congestion that impacts intercity passenger 
     trains, enhance route performance, preserve service,''; and
       (C) by striking the period and inserting ``on routes 
     defined under section 24102(5)(C).'';
       (2) in subsection (b)--
       (A) by inserting ``or the Federal Railroad Administration'' 
     after ``Amtrak'';
       (B) by striking ``congestion'' and inserting ``freight or 
     commuter railroad congestion that impacts intercity passenger 
     trains, enhance route performance, preserve service,'';
       (C) by striking ``; and'' and inserting a period; and
       (D) by striking paragraph (3);
       (3) in subsection (c), by striking ``80'' and inserting 
     ``100''; and
       (4) in subsection (d), by inserting ``, except that the 
     Secretary may waive the requirements of section 
     24405(c)(1)(B), as appropriate, for grants totaling less than 
     $10,000,000'' after ``title''.
       (e) Additional High-Speed Rail Projects.--The Passenger 
     Rail Investment and Improvement Act of 2008 (122 Stat. 4907) 
     is amended by striking section 502.

     SEC. 36108. LIABILITY.

       (a) Clarification of Commuter Rail Liability.--Section 
     28103 is amended--
       (1) in subsection (a)(2), by inserting, ``, including 
     commuter rail passengers,'' after ``rail passengers,'';
       (2) by amending subsection (b) to read as follows:
       ``(b) Contractual Obligations.--A provider of rail 
     passenger transportation may enter into contracts that 
     allocate financial responsibility for claims. Such contracts 
     shall be enforceable notwithstanding any other provision of 
     law, common law, or public policy, or the nature of the 
     conduct giving rise to the damages or liability.''; and
       (3) in subsection (e)--
       (A) by striking ``and'' at the end of paragraph (2);
       (B) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) the term `rail passenger transportation' includes 
     commuter rail transportation.''.
       (b) Study.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     conduct a study regarding options for clarifying and 
     improving passenger rail liability requirements and 
     arrangements, including those related to environmental 
     liability, necessary for supporting the continued development 
     and improvement of the national passenger rail system and the 
     furtherance of the national rail plan under chapter 227 of 
     title 49, United States Code. The study shall consider--
       (A) whether to expand statutory liability limits to third 
     parties; and
       (B) whether to revise the current statutory liability 
     limits based on inflation or other methods to improve the 
     certainty of liability coverage.
       (2) Report.--Not later than 90 days after the date of 
     completion of the study, the Secretary shall submit the 
     results of the study and any associated recommendations to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.

     SEC. 36109. DISADVANTAGED BUSINESS ENTERPRISES.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (2) Small business concern.--The term ``small business 
     concern'' has the meaning given the term in section 3 of the 
     Small Business Act (15 U.S.C. 632), except the term does not 
     include any concern or group of concerns that--
       (A) are controlled by the same socially and economically 
     disadvantaged individual or individuals; and
       (B) have average annual gross receipts over the preceding 3 
     fiscal years in excess of $22,410,000, as adjusted annually 
     by the Secretary for inflation.
       (3) Socially and economically disadvantaged individuals.--
       (A) In general.--
       (i) Socially disadvantaged individuals.--The term 
     ``socially disadvantaged individuals'' has the meaning given 
     the term in section 8(a)(5)of the Small Business Act (15 
     U.S.C. 637(a)(5)), and relevant subcontracting regulations 
     issued pursuant to that Act.
       (ii) Economically disadvantaged individuals.--The term 
     ``economically disadvantaged individuals'' has the meaning 
     given the term in section 8(a)(6) of the Small Business Act 
     (15 U.S.C. 637(a)(6)), and relevant subcontracting 
     regulations issued pursuant to that Act.
       (B) Inclusions.--For purposes of this section, women shall 
     be presumed to be socially and economically disadvantaged 
     individuals.
       (b) In General.--Except to the extent that the Secretary 
     determines otherwise, not less than 10 percent of the amounts 
     made available for any program under chapter 244, section 
     24105, or section 26106 of title 49, United States Code, 
     shall be expended through a small business concern owned and 
     controlled by 1 or more socially and economically 
     disadvantaged individuals.
       (c) Annual Listing of Disadvantaged Small Business 
     Concerns.--Each State shall annually--
       (1) survey each small business concern in the State;
       (2) compile a list of all of the small business concerns in 
     the State, including the location of each small business 
     concern in the State; and
       (3) notify the Secretary, in writing, of the percentage of 
     the small business concerns that--
       (A) are controlled by women;
       (B) are controlled by socially and economically 
     disadvantaged individuals (except for women); and
       (C) are controlled by individuals who are women and who are 
     socially and economically disadvantaged individuals.
       (d) Uniform Certification.--The Secretary shall establish 
     minimum uniform criteria for State governments to use in 
     certifying whether a small business concern qualifies under 
     this section. The minimum uniform criteria shall include--
       (1) an on-site visit;
       (2) a personal interview;
       (3) a license;
       (4) an analysis of stock ownership;
       (5) an analysis of bonding capacity;
       (6) the listing of equipment;
       (7) the listing of work completed; and
       (8) a resume of each principal owner, the financial 
     capacity, and the type of work preferred.
       (e) Reporting.--The Secretary shall establish minimum 
     requirements for State governments to use in reporting to the 
     Secretary information concerning disadvantaged business 
     enterprise awards, commitments, and achievements, and such 
     other information as the Secretary determines appropriate for 
     the proper monitoring of the disadvantaged business 
     enterprise program.
       (f) Compliance With Court Orders.--Nothing in this section 
     shall limit the eligibility of a person to receive funds made 
     available under chapter 244, section 24105, or section 26106 
     of title 49, United States Code, if the person is prevented, 
     in whole or in part, from complying with subsection (b) 
     because a Federal court issues a final order in which the 
     court finds that the requirement of subsection (b) or the 
     program established under subsection (b) is unconstitutional.

     SEC. 36110. WORKFORCE DEVELOPMENT.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Transportation shall, in consultation 
     with the States, local governments, Amtrak, freight railroad, 
     and non-profit employee labor organizations--
       (1) complete a study regarding workforce development needs 
     in the passenger and freight rail industry, including what 
     knowledge and skill gaps in planning, financing, engineering, 
     and operating passenger and freight rail systems exist, to 
     assist in creating programs to help improve the rail 
     industry;
       (2) make recommendations based on the results of the study; 
     and
       (3) report the findings and recommendations to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.

     SEC. 36111. VETERANS EMPLOYMENT.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of Transportation shall--
       (1) conduct a study to evaluate the best means for 
     providing a preference to veterans in the awarding of 
     contracts and subcontracts using amounts made available under 
     chapter 244, and sections 24105 and 26104 of title 49, United 
     States Code;
       (2) make recommendations based on the results of the study; 
     and
       (3) report the findings and recommendations to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.

                           Subtitle B--Amtrak

     SEC. 36201. STATE-SUPPORTED ROUTES.

       (a) Grant Availability.--In addition to the uses permitted 
     under section 209(d) of the Passenger Rail Investment and 
     Improvement Act of 2008 (49 U.S.C. 24101 note), a State may 
     use funds provided under section 24406 of title 49, United 
     States Code, to temporarily pay Amtrak some or all of the 
     operating costs for services identified under section

[[Page S1355]]

     24102(5)(D) of title 49, United States Code, determined under 
     the methodology established pursuant to section 209 of the 
     Passenger Rail Investment and Improvement Act of 2008 (49 
     U.S.C. 24101 note), that exceed--
       (1) the operating costs (adjusted for inflation) that the 
     State paid Amtrak for the same services in the year prior to 
     the implementation of section 209 of that Act; or
       (2) if the services were not fully State-supported in that 
     year, the full cost the State would have paid Amtrak under 
     the State-supported service costing methodology then in 
     effect.
       (b) Transition Assistance Guidance.--Not later than 180 
     days after the Surface Transportation Board determines the 
     appropriate methodology pursuant to section 209 of the 
     Passenger Rail Investment and Improvement Act of 2008 (49 
     U.S.C. 24101 note), the Secretary shall develop a transition 
     assistance guidance that includes--
       (1) criteria for phasing-out the temporary operating 
     assistance under this section not later than October 1, 2017;
       (2) a grant application process that permits--
       (A) States to apply for such funds individually or 
     collectively; and
       (B) Amtrak to be considered the grant recipient of such 
     funds upon an agreement between a State or States and Amtrak; 
     and
       (3) policies governing financial terms, repayment 
     conditions, and other terms of financial assistance.
       (c) Eligibility.--To be eligible for Federal transition 
     assistance, an intercity passenger rail service shall provide 
     high-speed or intercity passenger rail revenue operation on 
     routes that are subject to section 209 of the Passenger Rail 
     Investment and Improvement Act of 2008 (49 U.S.C. 24101 
     note).
       (d) Federal Share.--The Federal share of grants under this 
     paragraph for eligible costs may be up to 100 percent of the 
     total costs under subsection (a).

     SEC. 36202. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS 
                   ADVISORY COMMISSION.

       (a) Northeast Corridor Infrastructure and Operations 
     Advisory Commission Improvements.--Section 24905 is amended--
       (1) by amending the section heading to read as follows:

     ``SEC. 24905. NORTHEAST CORRIDOR INFRASTRUCTURE AND 
                   OPERATIONS ADVISORY COMMISSION IMPROVEMENTS.'';

       (2) by redesignating subsection (e) as subsection (g);
       (3) by striking subsections (a), (b), (c), (d), and (f) and 
     inserting before subsection (g), as redesignated, the 
     following:
       ``(a) Northeast Corridor Infrastructure and Operations 
     Advisory Commission.--
       ``(1) In general.--The Secretary of Transportation shall 
     establish a Northeast Corridor Infrastructure and Operations 
     Advisory Commission (referred to in this section as the 
     `Commission') to foster the creation and implementation of a 
     unified, regional, long-term investment strategy for the 
     Northeast Corridor and to promote mutual cooperation and 
     planning pertaining to the capital investment, rail 
     operations and related activities of the Northeast Corridor. 
     The Commission shall be made up of--
       ``(A) members representing Amtrak;
       ``(B) members representing the Department of 
     Transportation, including the Federal Railroad Administration 
     and the Office of the Secretary;
       ``(C) 1 member from each of the States (including the 
     District of Columbia) that constitute the Northeast Corridor 
     as defined in section 24102, designated by, and serving at 
     the pleasure of, the chief executive officer thereof; and
       ``(D) non-voting representatives of freight railroad 
     carriers using the Northeast Corridor selected by the 
     Secretary.
       ``(2) Membership.--The Secretary shall ensure that the 
     membership belonging to any of the groups enumerated under 
     paragraph (1) shall not constitute a majority of the 
     Commission's memberships.
       ``(3) Meetings.--The Commission shall--
       ``(A) establish a schedule and location for convening 
     meetings;
       ``(B) meet not less than 4 times per fiscal year; and
       ``(C) develop rules and procedures to govern the 
     Commission's proceedings.
       ``(4) Vacancies.--A vacancy in the Commission shall be 
     filled in the manner in which the original appointment was 
     made.
       ``(5) Travel expenses.--Members shall serve without pay but 
     shall receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with sections 5702 and 5703 of 
     title 5.
       ``(6) Chairperson.--The Chairperson of the Commission shall 
     be elected by the members.
       ``(7) Personnel.--The Commission may appoint and fix the 
     pay of such personnel as the Commission considers 
     appropriate.
       ``(8) Detailees.--Upon request of the Commission, the head 
     of any department or agency of the United States may detail, 
     on a reimbursable basis, any of the personnel of that 
     department or agency to the Commission to assist it in 
     carrying out its duties under this section.
       ``(9) Administrative support.--Upon the request of the 
     Commission, the Administrator of General Services shall 
     provide to the Commission, on a reimbursable basis, the 
     administrative support services necessary for the Commission 
     to carry out its responsibilities under this section.
       ``(10) Consultation with other entities.--The Commission 
     shall consult with other entities as appropriate.
       ``(b) Statement of Goals and Recommendations.--
       ``(1) Statement of goals.--The Commission shall develop a 
     statement of goals concerning the future of Northeast 
     Corridor rail infrastructure and operations based on 
     achieving expanded and improved intercity, commuter, and 
     freight rail services operating with greater safety and 
     reliability, reduced travel times, increased frequencies, and 
     enhanced intermodal connections designed to address airport 
     and highway congestion, reduce transportation energy 
     consumption, improve air quality, and increase economic 
     development of the Northeast Corridor region.
       ``(2) Recommendations.--The Commission shall develop 
     recommendations based on the statement of goals developed 
     under this section addressing, as appropriate--
       ``(A) short-term and long-term capital investment needs 
     beyond those specified in the state-of-good-repair plan under 
     section 211 of the Passenger Rail Investment and Improvement 
     Act of 2008 (49 U.S.C. 24902 note);
       ``(B) future funding requirements for capital improvements 
     and maintenance;
       ``(C) operational improvements of intercity passenger rail, 
     commuter rail, and freight rail services;
       ``(D) opportunities for additional non-rail uses of the 
     Northeast Corridor;
       ``(E) scheduling and dispatching;
       ``(F) safety and security enhancements;
       ``(G) equipment design;
       ``(H) marketing of rail services;
       ``(I) future capacity requirements; and
       ``(J) potential funding and financing mechanisms for 
     projects of corridor-wide significance.
       ``(c) Northeast Corridor High Speed and Intercity Service 
     Development Plan.--
       ``(1) Long-range northeast corridor service development 
     plan.--The Federal Railroad Administration, in coordination 
     with the Commission, Amtrak, the States, and other corridor 
     users, shall complete a long-range Northeast Corridor Service 
     Development Plan not later than December 31, 2014.
       ``(2) Collaboration and cooperation.--The parties 
     comprising the Commission, acting separately and 
     collectively, shall collaborate and cooperate to the maximum 
     extent permitted by law in--
       ``(A) the preparation of the service development plan;
       ``(B) the programmatic environmental review process; and
       ``(C) the subsequent requirements required by the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     including the development of supporting documentation.
       ``(d) Comprehensive Long-Range Northeast Corridor 
     Strategy.--
       ``(1) In general.--Not later than 1 year after completion 
     of the service development plan under subsection (c), the 
     Commission shall develop a comprehensive long-range strategy 
     for the future high-speed, intercity, commuter, and freight 
     rail utilization of the Northeast Corridor that considers--
       ``(A) the statement of goals developed under subsection 
     (b)(1);
       ``(B) the recommendations developed under subsection 
     (b)(2);
       ``(C) the economic development report under subsection (h);
       ``(D) the service development plan and related alternatives 
     developed through the programmatic environmental review for 
     the Northeast Corridor;
       ``(E) the capital and operating plans of all entities 
     operating on the Northeast Corridor;
       ``(F) improvement programs and service initiatives planned 
     by corridor owners and users;
       ``(G) relevant local, State, and Federal transportation 
     plans; and
       ``(H) other plans, as appropriate.
       ``(2) Strategy components.--The comprehensive long-range 
     strategy shall include--
       ``(A) a comprehensive program containing a description and 
     the planned phasing of all Northeast Corridor improvement 
     programs, investments, and other anticipated changes;
       ``(B) the impacts of the comprehensive program on:
       ``(i) highway and aviation congestion;
       ``(ii) economic development;
       ``(iii) job creation; and
       ``(iv) the environment;
       ``(C) the potential financing sources for the comprehensive 
     program, including Federal, State, local, and private sector 
     sources;
       ``(D) new institutional or other structures necessary to 
     implement the comprehensive program;
       ``(E) the types of collaboration, participation, 
     arrangements, and support between Amtrak and the Federal 
     Government, the State and local governments in the Northeast 
     Corridor, the commuter rail authorities and freight railroads 
     that utilize the Northeast Corridor, the private sector, and 
     others, as appropriate, that are necessary to achieve the 
     comprehensive program; and
       ``(F) any regulatory or statutory changes necessary to 
     efficiently advance the comprehensive program.
       ``(e) Access Costs.--
       ``(1) Development of standardized formula.--Not later than 
     September 30, 2013, the Commission shall--
       ``(A) develop a standardized formula for determining and 
     allocating costs, revenues, and compensation for Northeast 
     Corridor commuter rail passenger transportation (as defined 
     in section 24102) on the Northeast

[[Page S1356]]

     Corridor main line between Boston, Massachusetts, and 
     Washington, District of Columbia, and the Northeast Corridor 
     branch lines connecting to Harrisburg, Pennsylvania, 
     Springfield, Massachusetts, and Spuyten Duyvil, New York, 
     that use Amtrak facilities or services or that provide such 
     facilities or services to Amtrak that ensures that--
       ``(i) there is no cross-subsidization of commuter rail 
     passenger, intercity rail passenger, or freight rail 
     transportation;
       ``(ii) each service is assigned the costs incurred only for 
     the benefit of that service, and a proportionate share, based 
     upon factors that reasonably reflect relative use, of costs 
     incurred for the common benefit of more than 1 service; and
       ``(iii) all financial contributions made by an operator of 
     a service that benefit an infrastructure owner other than the 
     operator are considered, including any capital infrastructure 
     investments and in-kind services;
       ``(B) develop a proposed timetable for implementing the 
     formula not later than December 31, 2014;
       ``(C) transmit the proposed timetable to the Surface 
     Transportation Board; and
       ``(D) at the request of a Commission member, petition the 
     Surface Transportation Board to appoint a mediator to assist 
     the Commission members through non-binding mediation to reach 
     an agreement under this section.
       ``(2) Implementation.--Amtrak and public authorities 
     providing commuter rail passenger transportation on the 
     Northeast Corridor shall implement new agreements for usage 
     of facilities or services based on the standardized formula 
     under paragraph (1) in accordance with the timetable 
     established therein. If the entities fail to implement the 
     new agreements in accordance with the timetable, the 
     Commission shall petition the Surface Transportation Board to 
     determine the appropriate compensation amounts for such 
     services under section 24904(c). The Surface Transportation 
     Board shall enforce its determination on the party or parties 
     involved.
       ``(3) Revisions.--The Commission may make necessary 
     revisions to the standardized formula developed under 
     paragraph (1), including revisions based on Amtrak's 
     financial accounting system developed under section 203 of 
     the Passenger Rail Investment and Improvement Act of 2008 (49 
     U.S.C. 24101 note).
       ``(f) Transmission of Statement of Goals, Recommendations, 
     and Plans.--The Commission shall transmit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives--
       ``(1) not later than 60 days after the date of enactment of 
     the , the statement of goals under subsection (b);
       ``(2) annually beginning on December 31, 2012, the 
     recommendations under subsection (b)(2) and the standardized 
     formula and timetable under subsection (e)(1); and
       ``(3) the comprehensive long-range strategy under this 
     section.''.; and
       (4) by inserting after subsection (g), as redesignated, the 
     following
       ``(h) Report on Northeast Corridor Economic Development.--
     Not later than September 30, 2013, the Commission shall 
     transmit a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives on the role of Amtrak's Northeast Corridor 
     service between Washington, District of Columbia, and Boston, 
     Massachusetts, in the economic development of the Northeast 
     Corridor region. The report shall examine how to enhance the 
     utilization of the Northeast Corridor for greater economic 
     development, including--
       ``(1) improving real estate utilization;
       ``(2) improved intercity, commuter, and freight services; 
     and
       ``(3) improving optimum utility utilization.
       ``(i) Northeast Corridor Safety Committee.--
       ``(1) In general.--The Secretary shall establish a 
     Northeast Corridor Safety Committee composed of members 
     appointed by the Secretary. The members shall be 
     representatives of--
       ``(A) the Department of Transportation, including the 
     Federal Railroad Administration;
       ``(B) Amtrak;
       ``(C) freight carriers operating more than 150,000 train 
     miles a year on the main line of the Northeast Corridor;
       ``(D) commuter rail agencies;
       ``(E) rail passengers;
       ``(F) rail labor; and
       ``(G) other individuals and organizations the Secretary 
     decides have a significant interest in rail safety or 
     security.
       ``(2) Function; meetings.--The Secretary shall consult with 
     the Committee about safety and security improvements on the 
     Northeast Corridor main line. The Committee shall meet not 
     less than 2 times per year to consider safety and security 
     matters on the main line.
       ``(3) Report.--At the beginning of the first session of 
     each Congress, the Secretary shall submit a report to the 
     Commission and to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives on the status of efforts to improve safety 
     and security on the Northeast Corridor main line. The report 
     shall include the safety and security recommendations of the 
     Committee and the comments of the Secretary on those 
     recommendations.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 249 is amended by striking the item relating to 
     section 24905 and inserting the following:

``24905. Northeast corridor infrastructure and operations advisory 
              commission improvements.''.

     SEC. 36203. NORTHEAST CORRIDOR HIGH-SPEED RAIL IMPROVEMENT 
                   PLAN.

       (a) Plans.--Not later than 180 days after the date of 
     enactment of this Act, Amtrak shall--
       (1) complete a refined vision for an integrated program of 
     improvements on the Northeast Corridor that will result in, 
     by 2040--
       (A) the development and operation of a new high-speed rail 
     system capable of high capacity, 200 mile-per-hour or greater 
     operation between Washington, District of Columbia and 
     Boston, Massachusetts;
       (B) the completion of the improvements identified in the 
     Northeast Corridor Infrastructure Master Plan published by 
     Amtrak on May 19, 2010; and
       (C) the continued operation of existing and currently 
     planned intercity, commuter, and freight services utilizing 
     the Northeast Corridor during the implementation of the 
     program; and
       (2) complete a business and financing plan to achieve the 
     program under paragraph (1) that identifies the estimated--
       (A) benefits and costs of the program, including ridership, 
     revenues, capital and operating costs, and cash flow 
     projections;
       (B) implementation schedule, including the phasing of the 
     program into achievable segments that maximize the benefits 
     and support the ultimate completion of the program;
       (C) potential financing sources for the program, including 
     Federal, State, local, and private sector sources; and
       (D) organization changes, new institutional or corporate 
     arrangements, partnerships, procurement techniques, and other 
     structures necessary to implement the program.
       (b) Support.--The Secretary of Transportation shall provide 
     appropriate support, assistance, oversight, and guidance to 
     Amtrak during the preparation of the plans under subsection 
     (a).
       (c) Submission.--Amtrak shall submit the refined vision and 
     an appropriate elements of the business and financing plan to 
     the Federal Railroad Administration and the Northeast 
     Corridor Infrastructure and Operations Advisory Commission 
     for use in the development of the Northeast Corridor High 
     Speed and Intercity Service Development Plan and the 
     Comprehensive Long-Range Northeast Corridor Strategy.
       (d) High-speed Rail Equipment.--The Secretary of 
     Transportation shall not preclude the use of Federal funds 
     made available to purchase rolling stock to purchase any 
     equipment used for ``high-speed rail'' (as defined in section 
     26106(b)(4) of title 49, United States Code) that otherwise 
     complies with all applicable Federal standards.

     SEC. 36204. NORTHEAST CORRIDOR ENVIRONMENTAL REVIEW PROCESS.

       (a) Northeast Corridor.--Not later than 90 days after the 
     date of enactment of this Act, the Secretary shall complete a 
     plan and a schedule for the completion of the programmatic 
     environmental review for the Northeast Corridor. The schedule 
     shall require the completion of the programmatic 
     environmental review for the Northeast Corridor not later 
     than 3 years after the date of enactment of this Act.
       (b) Coordination With the Northeast Corridor Infrastructure 
     and Operations Advisory Commission.--The Federal Railroad 
     Administration shall closely coordinate the programmatic 
     environmental review process with the Northeast Corridor 
     Infrastructure and Operations Advisory Commission.

     SEC. 36205. DELEGATION AUTHORITY.

       (a) Delegation of Authority.--In carrying out programmatic 
     or project level environmental reviews for high speed and 
     intercity passenger rail programs, projects, or services, the 
     Secretary may delegate to Amtrak any or all of the 
     Secretary's authority and responsibility under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     section 106 of the National Historic Preservation Act of 1966 
     (16 U.S.C. 470f), section 4(f) of the Department of 
     Transportation Act (80 Stat. 934), section 404 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1344), and section 7 
     of the Endangered Species Act of 1973 (16 U.S.C. 1536), and 
     may provide to Amtrak any related funding provided to the 
     Secretary for such purposes as the Secretary deems necessary 
     if--
       (1) Amtrak agrees in writing to assume the delegated 
     authority and responsibility;
       (2) Amtrak has or can obtain sufficient resources or the 
     Secretary provides such resources to Amtrak to appropriately 
     carry out such authority or responsibility; and
       (3) delegating the authority and responsibility will 
     improve the quality or timeliness of the environmental 
     review.

     SEC. 36206. AMTRAK INSPECTOR GENERAL.

       (a) In General.--Chapter 243 is amended by adding after 
     section 24316 the following:

     ``Sec.  24317. Inspector general

       ``(a) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Office of the Inspector 
     General of Amtrak the following amounts:

[[Page S1357]]

       ``(1) For fiscal year 2009, $20,000,000.
       ``(2) For fiscal year 2010, $21,000,000.
       ``(3) For fiscal year 2011, $22,000,000.
       ``(4) For fiscal year 2012, $22,000,000.
       ``(5) For fiscal year 2013, $23,000,000.
       ``(b) Authority.--The Inspector General of Amtrak shall 
     have all necessary authority, in carrying out the duties 
     specified in the Inspector General Act of 1978 (5 U.S.C. 
     App.), to investigate allegations of fraud, including false 
     statements to the Government under section 1001 of title 18, 
     by any person or entity that is an employee or contractor of 
     Amtrak.
       ``(c) Services.--The Inspector General of Amtrak may obtain 
     services under sections 502(a) and 602 of title 40, from the 
     Administrator of General Services. The Administrator of 
     General Services may provide services under sections 502(a) 
     and 602 of title 40, to the Inspector General.''.
       (b) Management Assessment.--Section 24310 is amended to 
     read as follows:
       ``(a) In General.--Not later than 3 years after the date of 
     enactment of the Passenger Rail Investment and Improvement 
     Act of 2008 (122 Stat. 4907) and 2 years thereafter--
       ``(1) the Inspector General of the Department of 
     Transportation shall complete an overall assessment of the 
     progress made by the Department of Transportation in 
     implementing the provisions of that Act; and
       ``(2) the Inspector General of Amtrak shall complete an 
     overall assessment of the progress made by Amtrak management 
     in implementing the provisions of the Passenger Rail 
     Investment and Improvement Act of 2008 (122 Stat. 4907).
       ``(b) Assessment.--The management assessment by the Amtrak 
     Inspector General may include a review of--
       ``(1) the effectiveness in improving annual financial 
     planning;
       ``(2) the effectiveness in improving financial accounting;
       ``(3) Amtrak management's efforts to implement minimum 
     train performance standards;
       ``(4) Amtrak management's progress toward maximizing 
     revenues, minimizing Federal subsidies, and improving 
     financial results; and
       ``(5) any other aspect of Amtrak operations that the Amtrak 
     Inspector General finds appropriate.''.
       (c) Inspector General Policies and Procedures.--The Amtrak 
     Inspector General and Amtrak shall--
       (1) continue to follow the policies and procedures for 
     interacting with one another in a manner that is consistent 
     with the Inspector General Act of 1978 (5 U.S.C. App.), as 
     approved by the Council of the Inspectors General on 
     Integrity and Efficiency; and
       (2) work toward establishing proper protocols and firewalls 
     to maintain the Amtrak Inspector General's independence, as 
     appropriate.
       (d) Improvements.--The Amtrak Inspector General and Amtrak 
     shall identify any funding needs and authority improvements 
     necessary to effectuate the policies, procedures, protocols, 
     and firewalls under subsection (c) and submit a report of the 
     necessary funding and authority improvements as part of their 
     annual budget requests.
       (e) Technical Amendment.--Section 101 of the Passenger Rail 
     Investment and Improvement Act of 2008 (122 Stat. 4907), is 
     amended by striking subsection (b) and inserting the 
     following:
       ``(b) [Reserved].''.
       (f) Clerical Amendment.--The table of contents for chapter 
     243 is amended by adding at the end the following:

``24317. Inspector General.''.

     SEC. 36207. COMPENSATION FOR PRIVATE-SECTOR USE OF FEDERALLY-
                   FUNDED ASSETS.

       If capital assets that are owned by a public entity or 
     Amtrak built or improved with Federal funds authorized under 
     subtitle V of title 49, United States Code, are made 
     available for exclusive use by a for-profit entity, except 
     for an entity owned or controlled by the Department of 
     Transportation, for the purpose of providing intercity 
     passenger rail service, the Secretary may require, as 
     appropriate, that the for-profit entity provide adequate 
     compensation, as determined by the Secretary, to the United 
     States for the use of the capital assets in an amount that 
     reflects the benefit of the Federal funding to the for-profit 
     entity.

     SEC. 36208. ON-TIME PERFORMANCE.

       Where the on time performance of any intercity passenger 
     train averages less than 80 percent for any 2 consecutive 
     calendar quarters and the failure to meet such performance 
     levels is solely the responsibility of the host railroad, 
     Amtrak shall not pay the host railroad any incentive payments 
     for on time performance of the subject intercity passenger 
     train during such calendar quarters.

     SEC. 36209. BOARD OF DIRECTORS.

       Section 24302(a)(3) is amended by striking ``5'' the second 
     place it appears and inserting ``4''.

                  Subtitle C--Rail Safety Improvements

     SEC. 36301. POSITIVE TRAIN CONTROL.

       (a) Review and Approval.--Section 20157(c) is amended to 
     read as follows:
       ``(c) Review and Approval.--
       ``(1) Review.--Not later than 90 days after the Secretary 
     receives a proposed plan, the Secretary shall review and 
     approve or disapprove it. If a proposed plan is not approved, 
     the Secretary shall notify the affected railroad carrier or 
     other entity as to the specific deficiencies in the proposed 
     plan. The railroad carrier or other entity shall correct the 
     deficiencies not later than 30 days after receipt of the 
     written notice.
       ``(2) Amendments.--The Secretary shall review any 
     amendments to a plan in the time frame required by section 
     (1).
       ``(3) Annual review.--The Secretary shall conduct an annual 
     review to ensure that each railroad carrier and entity is 
     complying with its plan, including a railroad carrier or 
     entity that elects to fully implement a positive train 
     control system prior to the required deadline.''.
       (b) Report Criteria.--Section 20157(d) is amended to read 
     as follows:
       ``(d) Report.--Not later than June 30, 2012, the Secretary 
     shall submit a report to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives on the progress of the railroad carriers in 
     implementing the positive train control systems, including--
       ``(1) the likelihood that each railroad will meet the 
     December 31, 2015 deadline;
       ``(2) the obstacles to each railroad's successful 
     implementation, including the obstacles identified in the 
     General Accountability Office's report issued on December 15, 
     2010, and titled `Rail Safety: Federal Railroad 
     Administration Should Report on Risks to Successful 
     Implementation of Mandated Safety Technology' (GAO-11-133); 
     and
       ``(3) the actions that Congress, railroads, relevant 
     Federal entities, and other stakeholders can take to mitigate 
     obstacles to successful implementation.''.
       (c) Extension Authority.--Section 20157 is amended--
       (1) by redesignating subsections (h) and (i) as subsections 
     (i) and (j), respectively; and
       (2) by inserting after subsection (g), the following:
       ``(h) Extension.--
       ``(1) In general.--After completing the report under 
     subsection (d), the Secretary may extend in 1 year 
     increments, upon application, the implementation deadline for 
     an entity providing rail freight transportation or regularly 
     scheduled intercity or commuter rail passenger 
     transportation, if the Secretary determines that full 
     implementation will likely be infeasible due to circumstances 
     beyond the control of the entity, including funding 
     availability, spectrum acquisition, and interoperability 
     standards. The Secretary may not extend the deadline for 
     implementation beyond December 31, 2018.
       ``(2) Application review.--The Secretary shall review an 
     application submitted pursuant to paragraph (1) and approve 
     or disapprove the application not later than 10 days after 
     the application is received.''
       (d) Applicability.--Section 20157 is amended by striking 
     ``transported;'' in subsection (a)(1)(B) and inserting 
     ``transported on or after December 31, 2015;''.

     SEC. 36302. ADDITIONAL ELIGIBILITY FOR RAILROAD 
                   REHABILITATION AND IMPROVEMENT FINANCING.

       (a) Positive Train Control Systems.--Section 502(b)(1) of 
     the Railroad Revitalization and Regulatory Reform Act of 1976 
     (45 U.S.C. 822(b)(1)), is amended--
       (1) in subparagraph (B) by striking ``or'';
       (2) in subparagraph (C) by striking ``facilities.'' and 
     inserting ``facilities; or''; and
       (3) by adding at the end the following:
       ``(D) implement a positive train control system, as 
     required by section 20157 of title 49, United States Code.''.
       (b) Positive Train Control Collateral.--Section 502(h)(2) 
     of the Railroad Revitalization and Regulatory Reform Act of 
     1976 (45 U.S.C. 822(h)(2)), is amended by adding at the end 
     the following:
       ``For purposes of making a finding under subsection (g)(4) 
     for a loan for positive train control, the total cost of the 
     labor and materials associated with installing positive train 
     control shall be deemed to be equal to the collateral value 
     of that asset.''.

     SEC. 36303. FCC STUDY OF SPECTRUM AVAILABILITY.

       (a) Spectrum Needs Assessment.--Not later than 120 days 
     after the date of enactment of this Act, the Secretary of 
     Transportation and the Chairman of the Federal Communications 
     Commission shall coordinate to assess spectrum needs and 
     availability for implementing positive train control systems, 
     as defined in section 20157 of title 49, United States Code. 
     In conducting the spectrum needs assessment, the Secretary 
     and the Chairman shall--
       (1) evaluate the information provided in the Federal 
     Communications Commission WT-11-79 proceeding;
       (2) evaluate the positive train control implementations 
     plans and any subsequent amendments or waivers to those plans 
     provided to the Federal Railroad Administration; and
       (3) evaluate individual railroad spectrum demand studies.
       (b) Recommendations.--Not later than 90 days after the 
     completion of the spectrum needs assessment under subsection 
     (a), the Secretary and the Chairman shall submit a plan to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives, for approximate resolution 
     to any issues that may prevent railroad carriers or entities 
     from complying with the December 31, 2015, positive train 
     control implementation deadline.

[[Page S1358]]

                        Subtitle D--Freight Rail

     SEC. 36401. RAIL LINE RELOCATION.

       Section 20154 is amended--
       (1) in subsection (b)--
       (A) by striking ``either'';
       (B) by striking ``or'' at the end of paragraph (1);
       (C) by striking the period at the end of paragraph (2) and 
     inserting ``; or''; and
       (D) by adding at the end the following:
       ``(3) involves a lateral or vertical relocation of any 
     portion of a road.'';
       (2) in subsection (e)(1), by striking ``10'' and inserting 
     ``20''; and
       (3) in subsection (h)(3), by inserting ``a public agency,'' 
     after ``of a State,''.

     SEC. 36402. COMPILATION OF COMPLAINTS.

       (a) In General.--Section 704 is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec.  704. Reports'';

       (2) by inserting ``(a) Annual Report.--'' before ``The 
     Board''; and
       (3) by adding at the end the following:
       ``(b) Complaints.--
       ``(1) In general.--The Board shall establish and maintain a 
     database of complaints received by the Board.
       ``(2) Quarterly report.--The Board shall post a quarterly 
     report of formal and informal service complaints received by 
     the Board during the previous quarter that includes--
       ``(A) a list of the type of each complaint;
       ``(B) the geographic region of the complaint; and
       ``(C) the resolution of the complaint, if appropriate.
       ``(3) Written consent.--The quarterly report may identify a 
     complainant that submitted an informal complaint only upon 
     the written consent of the complainant.
       ``(4) Website posting.--The report shall be posted on the 
     Board's public website.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 7 is amended by striking the item relating to section 
     704 and inserting the following:

``704. Reports.''.

     SEC. 36403. MAXIMUM RELIEF IN CERTAIN RATE CASES.

       (a) In General.--The Surface Transportation Board shall 
     revise the maximum amount of rate relief available to 
     railroad shippers in cases brought pursuant to the method 
     developed under section 10701(d)(3) of title 49, United 
     States Code, as that section existed as of the date of 
     enactment of this Act, to be as follows:
       (1) $1,500,000 in a rate case brought using the Surface 
     Transportation Board's ``three-benchmark'' procedure.
       (2) $10,000,000 in a rate case brought using the Surface 
     Transportation Board's ``simplified stand-alone cost'' 
     procedure.
       (b) Periodic Review.--The Board shall periodically review 
     the amounts established by subsection (a) and revise the 
     amounts, as appropriate.

     SEC. 36404. RATE REVIEW TIMELINES.

       In stand-alone cost rate challenges, the Surface 
     Transportation Board shall comply with the following 
     timelines unless it extends them, after a request from any 
     party or in the interest of due process:
       (1) For discovery, 150 days after the date on which the 
     challenge is initiated.
       (2) For development of the evidentiary record, 155 days 
     after that date.
       (3) For submission of parties' closing briefs, 60 days 
     after that date.
       (4) For a final Board decision, 180 days after the date on 
     which the parties submit closing briefs.

     SEC. 36405. REVENUE ADEQUACY STUDY.

       (a) Revenue Adequacy Study.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Surface Transportation Board shall 
     initiate a study to provide further guidance on how it will 
     apply its revenue adequacy constraint.
       (2) Considerations.--In conducting the study, the Surface 
     Transportation Board shall consider whether to apply the 
     revenue adequacy constrain using replacement costs to value 
     the assets of rail facilities and equipment.
       (b) Public Notice.--In conducting the study under 
     subsection (a), the Surface Transportation Board shall--
       (1) provide public notice;
       (2) an opportunity for comment; and
       (3) conduct 1 or more public hearings.
       (c) Report.--Not later than 60 days after the study under 
     subsection (a) is complete, the Surface Transportation Board 
     shall submit the findings of the study to the Commerce, 
     Science, and Transportation Committee of the Senate and the 
     Transportation and Infrastructure Committee of the House of 
     Representatives.

     SEC. 36406. QUARTERLY REPORTS.

       Not later than 60 days after the date of enactment of this 
     Act, the Surface Transportation Board shall provide quarterly 
     reports to the Commerce, Science, and Transportation 
     Committee of the Senate and the Transportation and 
     Infrastructure Committee of the House of Representatives on 
     the Surface Transportation Board's progress toward addressing 
     issues raised in unfinished regulatory proceedings, 
     regardless of whether a proceeding is subject to a statutory 
     or regulatory deadline.

     SEC. 36407. WORKFORCE REVIEW.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Chairman of the Surface 
     Transportation Board, in consultation with the Director of 
     the Office of Personnel Management, shall conduct a review of 
     the Surface Transportation Board workforce to assist in the 
     development of a comprehensive, long-term human capital 
     improvement plan.
       (b) Plan.--Not later than 180 days after the review under 
     subsection (a) is complete, the Chairman shall develop a 
     comprehensive, long-term human capital improvement plan for 
     Surface Transportation Board personnel to identify--
       (1) the optimal workforce size of the Surface 
     Transportation Board to address its current and future 
     program needs;
       (2) the hiring, training, managing, and compensation needs 
     to recruit and retain qualified personnel, including experts 
     to assess long-standing and emerging railroad industry 
     trends;
       (3) the means for improving the current organizational 
     structure and workforce to most efficiently execute the 
     Surface Transportation Board's mission; and
       (4) any recommendations for potential coordination with 
     colleges, universities, or other non-profit organizations for 
     training programs to support workforce development.
       (c) Report.--The Chairman shall submit the plan to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.

     SEC. 36408. RAILROAD REHABILITATION AND IMPROVEMENT 
                   FINANCING.

       (a) Conditions of Assistance.--Section 502(h)(2) of the 
     Railroad Revitalization and Regulatory Reform Act of 1976 (45 
     U.S.C. 822(h)(2)), as amended by section 36302 of this Act, 
     is amended by adding at the end the following:
       ``The Secretary shall accept, for the purpose of making a 
     finding with regard to adequate collateral for a public 
     entity, the net present value on a future stream of State or 
     local subsidy income or a dedicated revenue as collateral 
     offered to secure a loan.''.
       (b) Eligible Purposes.--Section 502(b)(1) of the Railroad 
     Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
     822(b)(1)), as amended by section 36302 of this Act, is 
     further amended--
       (1) by striking ``or'' at the end of subparagraph (C);
       (2) by striking the period at the end of subparagraph (D) 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(E) conduct preliminary engineering, environmental 
     review, permitting, or other pre-construction activities.''.
       (c) Study.--The Secretary shall submit a report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives detailing recommendations for 
     improving the Railroad Rehabilitation and Improvement 
     Financing program administration, including timely processing 
     of applications, expansion of eligibilities, and other issues 
     that impede passenger and rail carriers from utilizing the 
     program.

                   Subtitle E--Technical Corrections

     SEC. 36501. TECHNICAL CORRECTIONS.

       (a) Rail Safety Improvement Act of 2008.--
       (1) The table of contents in section 1(b) of the Rail 
     Safety Improvement Act of 2008 (122 Stat. 4848) is amended--
       (A) by striking the item relating to section 201 and 
     inserting the following:

``Sec. 201. Pedestrian safety at or near railroad passenger 
              stations.''; and
       (B) by striking the item relating to section 403 and 
     inserting the following:

``Sec. 403. Study and rulemaking on track inspection time; rulemaking 
              on concrete crossties.''.
       (2) Section 2(a)(1) of the Rail Safety Improvement Act of 
     2008 (49 U.S.C. 20102 note), is amended by inserting a comma 
     after ``railroad tracks at grade''.
       (3) Section 102(a) of the Rail Safety Improvement Act of 
     2008 (49 U.S.C. 20101 note), is amended--
       (A) by striking ``, at a minimum,'';
       (B) in paragraph (1), by inserting a comma after 
     ``railroads''; and
       (C) by amending paragraph (6) to read as follows:
       ``(6) Improving the safety of railroad bridges, tunnels, 
     and related infrastructure to prevent accidents, incidents, 
     injuries, and fatalities caused by catastrophic and other 
     failures of such infrastructure.''.
       (4) Section 108(f)(1) of the Rail Safety Improvement Act of 
     2008 (49 U.S.C. 21101 note), is amended by striking 
     ``requirements for recordkeeping and reporting for Hours of 
     Service of Railroad Employees'' and inserting ``requirements 
     for record keeping and reporting for hours of service of 
     railroad employees''.
       (5) Section 201 of the Rail Safety Improvement Act of 2008 
     (49 U.S.C. 20134 note), is amended--
       (A) in the section heading, by striking ``pedestrian 
     crossing safety.'' and inserting ``pedestrian safety at or 
     near railroad passenger stations.'';
       (B) by striking ``strategies and methods to prevent 
     pedestrian accidents, incidents, injuries, and fatalities at 
     or near passenger stations, including'' and inserting 
     ``strategies and methods to prevent train-related accidents, 
     incidents, injuries, and fatalities that involve a pedestrian 
     at or near a railroad passenger station, including''; and
       (C) in paragraph (1) by striking ``at railroad passenger 
     stations''.
       (6) Section 206(a) of the Rail Safety Improvement Act of 
     2008 (49 U.S.C. 22501 note),

[[Page S1359]]

     is amended by striking ``Public Service Announcements'' and 
     inserting ``public service announcements''.
       (7) Section 403 of the Rail Safety Improvement Act of 2008 
     (49 U.S.C. 20142 note), is amended--
       (A) in the section heading, by striking ``track inspection 
     time study.'' and inserting ``study and rulemaking on track 
     inspection time; rulemaking on concrete crossties.''; and
       (B) in subsection (d)--
       (i) by striking ``Cross Ties'' in the subsection heading 
     and inserting ``Crossties'';
       (ii) by striking ``cross ties'' and inserting 
     ``crossties''; and
       (iii) in paragraph (2), by striking ``cross tie'' and 
     inserting ``crosstie''.
       (8) Section 405 of the Rail Safety Improvement Act of 2008 
     (49 U.S.C. 20103 note), is amended--
       (A) in subsection (a), by striking ``cell phones'' and 
     inserting ``cellular telephones''; and
       (B) in subsection (d)--
       (i) by striking ``of Transportation''; and
       (ii) by striking ``cell phones'' and inserting ``cellular 
     telephones''.
       (9) Section 411(a) of the Rail Safety Improvement Act of 
     2008 (49 U.S.C. 5103 note), is amended--
       (A) by striking ``5101(a)'' and inserting ``5105(a)''; and
       (B) by striking ``5101(b)'' and inserting ``5105(b)''.
       (10) Section 412 of the Rail Safety Improvement Act of 2008 
     (49 U.S.C. 20140 note), is amended by striking ``of 
     Transportation''.
       (11) Section 414(2) of the Rail Safety Improvement Act of 
     2008 (49 U.S.C. 20103 note), is amended--
       (A) by striking ``parts'' and inserting ``sections''; and
       (B) by striking ``part'' and inserting ``section''.
       (12) Section 416 of the Rail Safety Improvement Act of 2008 
     (49 U.S.C. 20107 note), is amended--
       (A) by striking ``of Transportation'';
       (B) in paragraphs (3) and (4), by striking ``Federal 
     Railroad Administration'' and inserting ``Secretary''; and
       (C) in paragraph (4), by striking ``subsection'' and 
     inserting ``section''.
       (13) Section 417(c) of the Rail Safety Improvement Act of 
     2008 (49 U.S.C. 20103 note), is amended by striking ``each 
     railroad'' and inserting ``each railroad carrier''.
       (14) Section 503 of the Rail Safety Improvement Act of 2008 
     (49 U.S.C. 1139 note), is amended--
       (A) in subsection (a), by striking ``rail accidents'' and 
     inserting ``rail passenger accidents'';
       (B) in subsection (b)--
       (i) by striking ``passenger rail accidents'' and inserting 
     ``rail passenger accidents''; and
       (ii) by striking ``passenger rail accident'' each place it 
     appears and inserting ``rail passenger accidents''; and
       (C) by adding at the end the following:
       ``(d) Definitions.--In this section, the terms `passenger', 
     `rail passenger accident', and `rail passenger carrier' have 
     the meanings given the terms in section 1139 of title 49, 
     United States Code.''
       ``(e) Funding.--Out of the funds appropriated pursuant to 
     section 20117(a)(1)(A) of title 49, United States Code, there 
     shall be made available to the Secretary of Transportation 
     $500,000 for fiscal year 2009 to carry out this section. 
     Amounts made available pursuant to this subsection shall 
     remain available until expended.''.
       (b) Passenger Rail Investment and Improvement Act of 
     2008.--
       (1) Section 206(a) of the Passenger Rail Investment and 
     Improvement Act of 2008 (49 U.S.C. 24101 note), is amended by 
     inserting ``of this division'' after ``302''.
       (2) Section 211 of the Passenger Rail Investment and 
     Improvement Act of 2008 (49 U.S.C. 24902 note), is amended--
       (A) in subsection (d), by inserting ``of this division'' 
     after ``101(c)''; and
       (B) in subsection (e), by inserting ``of this division'' 
     after ``101(d)''.
       (c) Title 49 of the United State Code.--
       (1) Section 1139 is amended--
       (A) in subsection (a)(1), by striking ``phone number'' and 
     inserting ``telephone number'';
       (B) in subsection (a)(2), by striking ``post trauma'' and 
     inserting ``post-trauma'';
       (C) in subsections (h)(1)(A) and (h)(2)(A)--
       (i) by striking ``interstate''; and
       (ii) by striking ``such term is'';
       (D) in subsection (g)(1), by striking ``board'' in the 
     heading and inserting ``Board'';
       (E) in subsections (h)(1)(B) and (h)(2)(B)--
       (i) by striking ``interstate or intrastate''; and
       (ii) by striking ``such term is'';
       (F) in subsection (j)(1)--
       (i) by striking ``(other than subsection (g))'' and 
     inserting ``(except for subsections (g) and (k))''; and
       (ii) by striking ``railroad passenger accident'' and 
     inserting ``rail passenger accident''; and
       (G) in subsection (j)(2), by striking ``railroad passenger 
     accident'' and inserting ``rail passenger accident''.
       (2) Section 10909(b) is amended--
       (A) by striking ``Railroad'' and inserting ``Railroads''; 
     and
       (B) in paragraph (2), by inserting a comma after 
     ``comment''.
       (3) Section 20109 is amended--
       (A) in subsection (c)(1), by striking ``the railroad shall 
     promptly arrange'' and inserting ``the railroad carrier shall 
     promptly arrange'';
       (B) in subsection (d)(2)(A)(i), by striking ``(d)'' and 
     inserting ``paragraph'' after ``under'';
       (C) in subsection (d)(2)(A)(iii), by inserting ``section'' 
     after ``set forth in''; and
       (D) in subsection (d)(4)(i), by striking ``must'' and 
     inserting ``shall''.
       (4) Section 20120(a) is amended--
       (A) by striking ``(a) In General'' and inserting ``Not'';
       (B) in paragraph (2)(G), by inserting ``and'' after the 
     semicolon;
       (C) in paragraph (4), by striking ``provide'' and inserting 
     ``provides'';
       (D) in paragraph (5)(B), by striking ``Administrative 
     Hearing Officer or Administrative Law Judge'' and inserting 
     ``administrative hearing officer or administrative law 
     judge''; and
       (E) in paragraph (7), by striking ``its'' and inserting 
     ``the Secretary's or the Federal Railroad Administrator's''.
       (5) Section 20151(d)(1) is amended by striking ``to drive 
     around a grade crossing gate'' and inserting ``to drive 
     through, around, or under a grade crossing gate''.
       (6) Section 20152(b) is amended by striking ``rail 
     carriers'' and inserting ``railroad carriers''.
       (7) Section 20156 is amended--
       (A) in subsection (c), by inserting a comma after ``In 
     developing its railroad safety risk reduction program''; and
       (B) in subsection (g)(1), by striking ``non-profit'' and 
     inserting ``nonprofit''.
       (8) Section 20157(a)(1) is amended--
       (A) by striking ``Class I railroad carrier'' and inserting 
     ``Class I railroad''; and
       (B) by striking ``parts'' and inserting ``sections''.
       (9) Section 20158(b)(3) is amended by striking 
     ``20156(e)(2)'' and inserting ``20156(e)''.
       (10) Section 20159 is amended by inserting ``of 
     Transportation'' after ``the Secretary''.
       (11) Section 20160 is amended--
       (A) in subsection (a)(1), by striking ``or with respect 
     to'' and inserting ``with respect to'';
       (B) in subsection (b)(1), by striking ``On a periodic basis 
     beginning not'' and inserting ``Not''; and
       (C) in subsection (b)(1)(A), by striking ``or with respect 
     to'' and inserting ``with respect to''.
       (12) Section 20162(a)(3) is amended by striking ``railroad 
     compliance with Federal standards'' and inserting ``railroad 
     carrier compliance with Federal standards''.
       (13) Section 20164(a) is amended by striking ``Railroad 
     Safety Enhancement Act of 2008'' and inserting ``Rail Safety 
     Improvement Act of 2008''.
       (14) Section 21102(c)(4) is amended by redesignating 
     subparagraphs (C) and (D) as subparagraphs (B) and (C), 
     respectively.
       (15) Section 22106(b) is amended by striking ``interest 
     thereof'' and inserting ``interest thereon''.
       (16) Section 24101(b) is amended by striking ``subsection 
     (d)'' and inserting ``subsection (c)''.
       (17) Section 24316 is amended by striking subsection (g).
       (18) The item relating to section 24316 in the table of 
     contents for chapter 243 is amended by striking ``assist'' 
     and inserting ``address needs of''.
       (19) Section 24702(a) is amended by striking ``not included 
     in the national rail passenger transportation system''.
       (20) Section 24706 is amended--
       (A) in subsection (a)(1), by striking ``a discontinuance 
     under section 24704 or or'';
       (B) in subsection (a)(2), by striking ``section 24704 or''; 
     and
       (C) in subsection (b), by striking ``section 24704 or''.
       (21) Section 24709 is amended by striking ``The Secretary 
     of the Treasury and the Attorney General,'' and inserting 
     ``The Secretary of Homeland Security,''.

     SEC. 36502. CONDEMNATION AUTHORITY.

       Section 24311(c) is amended--
       (1) in paragraph (1), by striking ``Interstate Commerce 
     Commission'' and inserting ``Surface Transportation Board'';
       (2) in paragraph (2), by striking ``Commission's'' and 
     inserting ``Board's''; and
       (3) by striking ``Commission'' each place it appears and 
     inserting ``Board''.

  Subtitle F--Licensing and Insurance Requirements for Passenger Rail 
                                Carriers

     SEC. 36601. CERTIFICATION OF PASSENGER RAIL CARRIERS.

       (a) Section 10901 is amended by adding at the end the 
     following:
       ``(e) Not later than 2 years after the date of enactment of 
     the National Rail System Preservation, Expansion, and 
     Development Act of 2012, the Board shall establish a 
     certification process to authorize a person to provide 
     passenger rail transportation over a railroad line that is 
     subject to the jurisdiction of the Board, except that such 
     certification shall not be required for or apply to a freight 
     railroad providing or hosting passenger rail transportation 
     over its own railroad line.
       ``(f) After the certification process is established under 
     subsection (e), no person may provide passenger rail 
     transportation over a railroad line subject to the 
     jurisdiction of the Board unless the person is granted a 
     certificate under subsection (e).
       ``(g) The certification process under subsection (e) 
     shall--
       ``(1) permit a person to initiate a proceeding for a 
     certificate by filing an application with the Board; and

[[Page S1360]]

       ``(2) require the Board to provide reasonable public notice 
     that a proceeding was initiated, including notice to the 
     Governor of any affected State, not later than 30 days after 
     receipt of the application under paragraph (1).
       ``(h) The Board may grant a certificate under subsection 
     (e) if the Board determines after consultation with the 
     Secretary of Transportation or the Secretary of Homeland 
     Security, as appropriate, that the applicant--
       ``(1) has or will have in effect a voluntary agreement with 
     the infrastructure owner over which the passenger rail 
     transportation will be provided or contractual or statutory 
     authority that provides for access to such infrastructure;
       ``(2) demonstrates sufficient financial capacity and 
     operating experience to provide passenger rail 
     transportation;
       ``(3) meets all applicable safety and security requirements 
     under the law;
       ``(4) maintains a total minimum liability coverage for 
     claims through insurance and self-insurance of not less than 
     the amount required by section 28103(a)(2) per accident or 
     incident; and
       ``(5) complies with any additional requirements the Board 
     determines are appropriate, including reporting requirements 
     to ensure continued compliance with this section.
       ``(i) A certificate granted under subsection (e) shall 
     specify the person to provide or authorized to provide 
     passenger rail transportation, if different from the 
     applicant.
       ``(j) The Board may promulgate regulations--
       ``(1) for determining the adequacy of liability insurance 
     coverage, including self-insurance; and
       ``(2) for suspending or canceling a certificate if the 
     person to provide or authorized to provide passenger rail 
     transportation fails to comply with subsection (h).
       ``(k) This section shall not apply to tourist, historical, 
     or excursion passenger rail transportation or other rail 
     carrier that has already obtained construction or operating 
     authority from the Board.''.
       (b) Section 24301(c) is amended by adding ``10901(e),'' 
     after ``sections'' in the first sentence.
       (c) Section 10501(c)(3)(A) is amended--
       (1) in clause (ii), by striking ``and'';
       (2) in clause (iii), by striking the period at the end and 
     inserting `` ; and''; and
       (3) by adding at the end the following:
       ``(iv) section 10901(e).''.
       (d) Section 14901 is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively;
       (2) by inserting after subsection (e) the following:
       ``(f) Certification Required.--A person shall be subject to 
     a penalty of $300 for each passenger transported if the 
     person--
       ``(1) provides passenger rail transportation subject to 
     jurisdiction under section 10501(a); and
       ``(2) does not hold a certificate required under section 
     10901(e).''; and
       (3) in subsection (g), as redesignated, by striking 
     ``through (e)'' and inserting ``through (f)''.
       (e) Section 10502(g) is amended to read as follows:
       ``(g) The Board may not exercise its authority under this 
     section to relieve a rail carrier of its obligation to 
     protect the interests of employees as required by this part, 
     or of the requirements of section 10901(g).''.

 TITLE VII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY ACT 
                                OF 2012

     SEC. 37001. SHORT TITLE.

       This title may be cited as the ``Sport Fish Restoration and 
     Recreational Boating Safety Act of 2012''.

     SEC. 37002. AMENDMENT OF FEDERAL AID IN SPORT FISH 
                   RESTORATION ACT.

       Section 4 of the Federal Aid in Fish Restoration Act (16 
     U.S.C. 777c) is amended--
       (1) in subsection (a), by striking ``of fiscal years 2006 
     through 2011 and for the period beginning on October 1, 2011, 
     and ending on March 31, 2012,'' and inserting ``fiscal year 
     through 2013,''; and
       (2) in subsection (b)(1)(A), by striking ``of fiscal years 
     2006 through 2011 and for the period beginning on October 1, 
     2011, and ending on March 31, 2012,'' and inserting ``fiscal 
     year through 2013,''.

                          DIVISION D--FINANCE

     SEC. 40001. SHORT TITLE.

       This division may be cited as the ``Highway Investment, Job 
     Creation, and Economic Growth Act of 2012''.

  TITLE I--EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY AND 
                             RELATED TAXES

     SEC. 40101. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY.

       (a) Highway Trust Fund.--Section 9503 of the Internal 
     Revenue Code of 1986 is amended--
       (1) by striking ``April 1, 2012'' in subsections (b)(6)(B), 
     (c)(1), and (e)(3) and inserting ``October 1, 2013''; and
       (2) by striking ``Surface Transportation Extension Act of 
     2011, Part II'' in subsections (c)(1) and (e)(3) and 
     inserting ``Moving Ahead for Progress in the 21st Century 
     Act''.
       (b) Sport Fish Restoration and Boating Trust Fund.--Section 
     9504 of the Internal Revenue Code of 1986 is amended--
       (1) by striking ``Surface Transportation Extension Act of 
     2011, Part II'' each place it appears in subsection (b)(2) 
     and inserting ``Moving Ahead for Progress in the 21st Century 
     Act''; and
       (2) by striking ``April 1, 2012'' in subsection (d)(2) and 
     inserting ``October 1, 2013''.
       (c) Leaking Underground Storage Tank Trust Fund.--Paragraph 
     (2) of section 9508(e) of the Internal Revenue Code of 1986 
     is amended by striking ``April 1, 2012'' and inserting 
     ``October 1, 2013''.
       (d) Establishment of Solvency Account.--Section 9503 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subsection:
       ``(g) Establishment of Solvency Account.--
       ``(1) Creation of account.--There is established in the 
     Highway Trust Fund a separate account to be known as the 
     `Solvency Account' consisting of such amounts as may be 
     transferred or credited to the Solvency Account as provided 
     in this section or section 9602(b).
       ``(2) Transfers to solvency account.--The Secretary of the 
     Treasury shall transfer to the Solvency Account the excess 
     of--
       ``(A) any amount appropriated to the Highway Trust Fund 
     before October 1, 2013, by reason of the provisions of, and 
     amendments made by, the Highway Investment, Job Creation, and 
     Economic Growth Act of 2012, over
       ``(B) the amount necessary to meet the required 
     expenditures from the Highway Trust Fund under subsection (c) 
     for the period ending before October 1, 2013.
       ``(3) Expenditures from account.--Amounts in the Solvency 
     Account shall be available for transfers to the Highway 
     Account (as defined in subsection (e)(5)(B)) and the Mass 
     Transit Account in such amounts as determined necessary by 
     the Secretary to ensure that each account has a surplus 
     balance of $2,800,000,000 on September 30, 2013.
       ``(4) Termination of account.--The Solvency Account shall 
     terminate on September 30, 2013, and the Secretary shall 
     transfer any remaining balance in the Account on such date to 
     the Highway Trust Fund.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on April 1, 2012.

     SEC. 40102. EXTENSION OF HIGHWAY-RELATED TAXES.

       (a) In General.--
       (1) Each of the following provisions of the Internal 
     Revenue Code of 1986 is amended by striking ``March 31, 
     2012'' and inserting ``September 30, 2015'':
       (A) Section 4041(a)(1)(C)(iii)(I).
       (B) Section 4041(m)(1)(B).
       (C) Section 4081(d)(1).
       (2) Each of the following provisions of such Code is 
     amended by striking ``April 1, 2012'' and inserting ``October 
     1, 2015'':
       (A) Section 4041(m)(1)(A).
       (B) Section 4051(c).
       (C) Section 4071(d).
       (D) Section 4081(d)(3).
       (b) Extension of Tax, etc., on Use of Certain Heavy 
     Vehicles.--Each of the following provisions of the Internal 
     Revenue Code of 1986 is amended by striking ``2012'' and 
     inserting ``2015'':
       (1) Section 4481(f).
       (2) Subsections (c)(4) and (d) of section 4482.
       (c) Floor Stocks Refunds.--Section 6412(a)(1) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``April 1, 2012'' each place it appears and 
     inserting ``October 1, 2015'';
       (2) by striking ``September 30, 2012'' each place it 
     appears and inserting ``March 31, 2016''; and
       (3) by striking ``July 1, 2012'' and inserting ``January 1, 
     2016''.
       (d) Extension of Certain Exemptions.--Sections 4221(a) and 
     4483(i) of the Internal Revenue Code of 1986 are each amended 
     by striking ``April 1, 2012'' and inserting ``October 1, 
     2015''.
       (e) Extension of Transfers of Certain Taxes.--
       (1) In general.--Section 9503 of the Internal Revenue Code 
     of 1986 is amended--
       (A) in subsection (b)--
       (i) by striking ``April 1, 2012'' each place it appears in 
     paragraphs (1) and (2) and inserting ``October 1, 2015'';
       (ii) by striking ``April 1, 2012'' in the heading of 
     paragraph (2) and inserting ``October 1, 2015'';
       (iii) by striking ``March 31, 2012'' in paragraph (2) and 
     inserting ``September 30, 2015''; and
       (iv) by striking ``January 1, 2013'' in paragraph (2) and 
     inserting ``July 1, 2016''; and
       (B) in subsection (c)(2), by striking ``January 1, 2013'' 
     and inserting ``July 1, 2016''.
       (2) Motorboat and small-engine fuel tax transfers.--
       (A) In general.--Paragraphs (3)(A)(i) and (4)(A) of section 
     9503(c) of such Code are each amended by striking ``April 1, 
     2012'' and inserting ``October 1, 2015''.
       (B) Conforming amendments to land and water conservation 
     fund.--Section 201(b) of the Land and Water Conservation Fund 
     Act of 1965 (16 U.S.C. 460l 11(b)) is amended--
       (i) by striking ``April 1, 2013'' each place it appears and 
     inserting ``October 1, 2016''; and
       (ii) by striking ``April 1, 2012'' and inserting ``October 
     1, 2015''.
       (f) Effective Date.--The amendments made by this section 
     shall take effect on April 1, 2012.

                       TITLE II--OTHER PROVISIONS

     SEC. 40201. TEMPORARY INCREASE IN SMALL ISSUER EXCEPTION TO 
                   TAX-EXEMPT INTEREST EXPENSE ALLOCATION RULES 
                   FOR FINANCIAL INSTITUTIONS.

       (a) In General.--Subparagraph (G) of section 265(b)(3) of 
     the Internal Revenue Code of 1986 is amended--
       (1) by striking ``2009 or 2010'' in clause (i) and 
     inserting ``2009, 2010, or 2012'',

[[Page S1361]]

       (2) by striking ``2009 or 2010'' each place it appears in 
     clauses (ii) and (iii) and inserting ``2009, 2010, or the 
     period beginning after the date of the enactment of the 
     Highway Investment, Job Creation, and Economic Growth Act of 
     2012 and before January 1, 2013'', and
       (3) by striking ``2009 and 2010'' in the heading and 
     inserting ``2009, 2010, and 2012''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

     SEC. 40202. TEMPORARY MODIFICATION OF ALTERNATIVE MINIMUM TAX 
                   LIMITATIONS ON TAX-EXEMPT BONDS.

       (a) Interest on Private Activity Bonds Not Treated as Tax 
     Preference Items.--Clause (vi) of section 57(a)(5)(C) of the 
     Internal Revenue Code of 1986 is amended--
       (1) in subclause (I) by inserting ``, or after the date of 
     enactment of the Highway Investment, Job Creation, and 
     Economic Growth Act of 2012 and before January 1, 2013'' 
     after ``January 1, 2011'';
       (2) in subclause (III) by inserting ``before January 1, 
     2011'' after ``which is issued''; and
       (3) by striking ``and 2010'' in the heading and inserting 
     ``, 2010, and portions of 2012''.
       (b) No Adjustment to Adjusted Current Earnings.--Clause 
     (iv) of section 56(g)(4)(B) of the Internal Revenue Code of 
     1986 is amended--
       (1) in subclause (I) by inserting ``, or after the date of 
     enactment of the Highway Investment, Job Creation, and 
     Economic Growth Act of 2012 and before January 1, 2013'' 
     after ``January 1, 2011'';
       (2) in subclause (III) by inserting ``before January 1, 
     2011'' after ``which is issued''; and
       (3) by striking ``and 2010'' in the heading and inserting 
     ``, 2010, and portions of  2012''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of enactment 
     of this Act.

     SEC. 40203. ISSUANCE OF TRIP BONDS BY STATE INFRASTRUCTURE 
                   BANKS.

       Section 610(d) of title 23, United States Code, is 
     amended--
       (1) by redesignating paragraphs (4), (5), and (6) as 
     paragraphs (5), (6), and (7), respectively,
       (2) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) TRIP bond account.--
       ``(A) In general.--A State, through a State infrastructure 
     bank, may issue TRIP bonds and deposit proceeds from such 
     issuance into the TRIP bond account of the bank.
       ``(B) TRIP bond.--For purposes of this section, the term 
     `TRIP bond' means any bond issued as part of an issue if--
       ``(i) 100 percent of the available project proceeds of such 
     issue are to be used for expenditures incurred after the date 
     of the enactment of this paragraph for 1 or more qualified 
     projects pursuant to an allocation of such proceeds to such 
     project or projects by a State infrastructure bank,
       ``(ii) the bond is issued by a State infrastructure bank 
     and is in registered form (within the meaning of section 
     149(a) of the Internal Revenue Code of 1986),
       ``(iii) the State infrastructure bank designates such bond 
     for purposes of this section, and
       ``(iv) the term of each bond which is part of such issue 
     does not exceed 30 years.
       ``(C) Qualified project.--For purposes of this 
     subparagraph, the term `qualified project' means the capital 
     improvements to any transportation infrastructure project of 
     any governmental unit or other person, including roads, 
     bridges, rail and transit systems, ports, and inland 
     waterways proposed and approved by a State infrastructure 
     bank, but does not include costs of operations or maintenance 
     with respect to such project.'',
       (3) by adding at the end of paragraph (5), as redesignated 
     by paragraph (1), the following new subparagraph:
       ``(D) TRIP bond account..--Funds deposited into the TRIP 
     bond account shall constitute for purposes of this section a 
     capitalization grant for the TRIP bond account of the 
     bank.'', and
       (4) by adding at the end the following new paragraph:
       ``(8) Special rules for trip bond account funds.--
       ``(A) In general.--The State shall develop a transparent 
     competitive process for the award of funds deposited into the 
     TRIP bond account that considers the impact of qualified 
     projects on the economy, the environment, state of good 
     repair, and equity.
       ``(B) Applicability of federal law.--The requirements of 
     any Federal law, including this title and titles 40 and 49, 
     which would otherwise apply to projects to which the United 
     States is a party or to funds made available under such law 
     and projects assisted with those funds shall apply to--
       ``(i) funds made available under the TRIP bond account for 
     similar qualified projects, and
       ``(ii) similar qualified projects assisted through the use 
     of such funds.''.

     SEC. 40204. EXTENSION OF PARITY FOR EXCLUSION FROM INCOME FOR 
                   EMPLOYER-PROVIDED MASS TRANSIT AND PARKING 
                   BENEFITS.

       (a) In General.--Paragraph (2) of section 132(f) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``January 1, 2012'' and inserting ``January 1, 2013''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to months after December 31, 2011.

     SEC. 40205. EXEMPT-FACILITY BONDS FOR SEWAGE AND WATER SUPPLY 
                   FACILITIES.

       (a) Bonds for Water and Sewage Facilities Temporarily 
     Exempt From Volume Cap on Private Activity Bonds.--Subsection 
     (g) of section 146 of the Internal Revenue Code of 1986 is 
     amended--
       (1) by striking ``and'' at the end of paragraph (3),
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``, and'', and
       (3) by inserting after paragraph (4) the following new 
     paragraph:
       ``(5) any exempt facility bonds issued before January 1, 
     2018, as part of an issue described in paragraph (4) or (5) 
     of section 142(a).''.
       (b) Conforming Change.--Paragraphs (2) and (3)(B) of 
     section 146(k) of the Internal Revenue Code of 1986 are both 
     amended by striking ``paragraph (4), (5), (6), or (10) of 
     section 142(a)'' and inserting ``paragraph (4) or (5) of 
     section 142(a) with respect to bonds issued after December 
     31, 2017, or paragraph (6) or (10) of section 142(a)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

                     TITLE III--REVENUE PROVISIONS

     SEC. 40301. TRANSFER FROM LEAKING UNDERGROUND STORAGE TANK 
                   TRUST FUND TO HIGHWAY TRUST FUND.

       (a) In General.--Subsection (c) of section 9508 of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``Amounts'' and inserting:
       ``(1) In general.--Except as provided in paragraph (2), 
     amounts'', and
       (2) by adding at the end the following new paragraph:
       ``(2) Transfer to highway trust fund.--Out of amounts in 
     the Leaking Underground Storage Tank Trust Fund there is 
     hereby appropriated $3,000,000,000 to be transferred under 
     section 9503(f)(3) to the Highway Trust Fund.''.
       (b) Transfer to Highway Trust Fund.--
       (1) In general.--Subsection (f) of section 9503 of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     paragraph (2) the following new paragraph:
       ``(3) Increase in fund balance.--There is hereby 
     transferred to the Highway Trust Fund amounts appropriated 
     from the Leaking Underground Storage Tank Trust Fund under 
     section 9508(c)(2).''.
       (2) Conforming amendments.--Paragraph (4) of section 
     9503(f) of such Code is amended--
       (A) by inserting ``or transferred'' after ``appropriated'', 
     and
       (B) by striking ``appropriated'' in the heading thereof.

     SEC. 40302. PORTION OF LEAKING UNDERGROUND STORAGE TANK TRUST 
                   FUND FINANCING RATE TRANSFERRED TO HIGHWAY 
                   TRUST FUND.

       (a) In General.--Subsection (b) of section 9503 of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     paragraph (2) the following new paragraph:
       ``(3) Portion of leaking underground storage tank trust 
     fund financing rate.--There are hereby appropriated to the 
     Highway Trust Fund amounts equivalent to one-third of the 
     taxes received in the Treasury under--
       ``(A) section 4041(d) (relating to additional taxes on 
     motor fuels),
       ``(B) section 4081 (relating to tax on gasoline, diesel 
     fuel, and kerosene) to the extent attributable to the Leaking 
     Underground Storage Tank Trust Fund financing rate under such 
     section, and
       ``(C) section 4042 (relating to tax on fuel used in 
     commercial transportation on inland waterways) to the extent 
     attributable to the Leaking Underground Storage Tank Trust 
     Fund financing rate under such section.
     For purposes of this paragraph, there shall not be taken into 
     account the taxes imposed by sections 4041 and 4081 on diesel 
     fuel sold for use or used as fuel in a diesel-powered 
     boat.''.
       (b) Conforming Amendments.--
       (1) Paragraphs (1), (2), and (3) of section 9508(b) of the 
     Internal Revenue Code of 1986 are each amended by inserting 
     ``two-thirds of the'' before ``taxes''.
       (2) Paragraph (4) of section 9503(b) of such Code is 
     amended by striking subparagraphs (A) and (B) and by 
     redesignating subparagraphs (C) and (D) as subparagraphs (A) 
     and (B), respectively.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxes received after the date of the enactment 
     of this Act.

     SEC. 40303. TRANSFER OF GAS GUZZLER TAXES TO HIGHWAY TRUST 
                   FUND.

       (a) In General.--Paragraph (1) of section 9503(b) of the 
     Internal Revenue Code of 1986 is amended by redesignating 
     subparagraphs (C), (D), and (E) as subparagraphs (D), (E), 
     and (F), respectively, and by inserting after subparagraph 
     (B) the following new subparagraph:
       ``(B) section 4064 (relating to gas guzzler tax),''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxes received after the date of the enactment 
     of this Act.

     SEC. 40304. REVOCATION OR DENIAL OF PASSPORT IN CASE OF 
                   CERTAIN UNPAID TAXES.

       (a) In General.--Subchapter D of chapter 75 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new section:

[[Page S1362]]

     ``SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF 
                   CERTAIN TAX DELINQUENCIES.

       ``(a) In General.--If the Secretary receives certification 
     by the Commissioner of Internal Revenue that any individual 
     has a seriously delinquent tax debt in an amount in excess of 
     $50,000, the Secretary shall transmit such certification to 
     the Secretary of State for action with respect to denial, 
     revocation, or limitation of a passport pursuant to section 4 
     of the Act entitled `An Act to regulate the issue and 
     validity of passports, and for other purposes', approved July 
     3, 1926 (22 U.S.C. 211a et seq.), commonly known as the 
     `Passport Act of 1926'.
       ``(b) Seriously Delinquent Tax Debt.--For purposes of this 
     section, the term `seriously delinquent tax debt' means an 
     outstanding debt under this title for which a notice of lien 
     has been filed in public records pursuant to section 6323 or 
     a notice of levy has been filed pursuant to section 6331, 
     except that such term does not include--
       ``(1) a debt that is being paid in a timely manner pursuant 
     to an agreement under section 6159 or 7122, and
       ``(2) a debt with respect to which collection is suspended 
     because a collection due process hearing under section 6330, 
     or relief under subsection (b), (c), or (f) of section 6015, 
     is requested or pending.
       ``(c) Adjustment for Inflation.--In the case of a calendar 
     year beginning after 2012, the dollar amount in subsection 
     (a) shall be increased by an amount equal to--
       ``(1) such dollar amount, multiplied by
       ``(2) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year, determined by 
     substituting `calendar year 2011' for `calendar year 1992' in 
     subparagraph (B) thereof.

     If any amount as adjusted under the preceding sentence is not 
     a multiple of $1,000, such amount shall be rounded to the 
     next highest multiple of $1,000.''.
       (b) Clerical Amendment.--The table of sections for 
     subchapter D of chapter 75 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new item:

``Sec. 7345. Revocation or denial of passport in case of certain tax 
              delinquencies.''.

       (c) Authority for Information Sharing.--
       (1) In general.--Subsection (l) of section 6103 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(23) Disclosure of return information to department of 
     state for purposes of passport revocation under section 
     7345.--
       ``(A) In general.--The Secretary shall, upon receiving a 
     certification described in section 7345, disclose to the 
     Secretary of State return information with respect to a 
     taxpayer who has a seriously delinquent tax debt described in 
     such section. Such return information shall be limited to--
       ``(i) the taxpayer identity information with respect to 
     such taxpayer, and
       ``(ii) the amount of such seriously delinquent tax debt.
       ``(B) Restriction on disclosure.--Return information 
     disclosed under subparagraph (A) may be used by officers and 
     employees of the Department of State for the purposes of, and 
     to the extent necessary in, carrying out the requirements of 
     section 4 of the Act entitled `An Act to regulate the issue 
     and validity of passports, and for other purposes', approved 
     July 3, 1926 (22 U.S.C. 211a et seq.), commonly known as the 
     `Passport Act of 1926'.''.
       (2) Conforming amendment.--Paragraph (4) of section 6103(p) 
     of such Code is amended by striking ``or (22)'' each place it 
     appears in subparagraph (F)(ii) and in the matter preceding 
     subparagraph (A) and inserting ``(22), or (23)''.
       (d) Revocation Authorization.--The Act entitled ``An Act to 
     regulate the issue and validity of passports, and for other 
     purposes'', approved July 3, 1926 (22 U.S.C. 211a et seq.), 
     commonly known as the ``Passport Act of 1926'', is amended by 
     adding at the end the following:

     ``SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT.

       ``(a) Ineligibility.--
       ``(1) Issuance.--Except as provided under subsection (b), 
     upon receiving a certification described in section 7345 of 
     the Internal Revenue Code of 1986 from the Secretary of the 
     Treasury, the Secretary of State may not issue a passport or 
     passport card to any individual who has a seriously 
     delinquent tax debt described in such section.
       ``(2) Revocation.--The Secretary of State shall revoke a 
     passport or passport card previously issued to any individual 
     described in subparagraph (A).
       ``(b) Exceptions.--
       ``(1) Emergency and humanitarian situations.--
     Notwithstanding subsection (a), the Secretary of State may 
     issue a passport or passport card, in emergency circumstances 
     or for humanitarian reasons, to an individual described in 
     subsection (a)(1).
       ``(2) Limitation for return to united states.--
     Notwithstanding subsection (a)(2), the Secretary of State, 
     before revocation, may--
       ``(A) limit a previously issued passport or passport card 
     only for return travel to the United States; or
       ``(B) issue a limited passport or passport card that only 
     permits return travel to the United States.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2013.

     SEC. 40305. 100 PERCENT CONTINUOUS LEVY ON PAYMENTS TO 
                   MEDICARE PROVIDERS AND SUPPLIERS.

       (a) In General.--Paragraph (3) of section 6331(h) of the 
     Internal Revenue Code of 1986 is amended by striking the 
     period at the end and inserting ``, or to a Medicare provider 
     or supplier under title XVIII of the Social Security Act.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments made after the date of the enactment 
     of this Act.

     SEC. 40306. TRANSFER OF AMOUNTS ATTRIBUTABLE TO CERTAIN 
                   DUTIES ON IMPORTED VEHICLES INTO THE HIGHWAY 
                   TRUST FUND.

       Section 9503(b) of the Internal Revenue Code of 1986, as 
     amended by this Act, is amended by adding at the end the 
     following new paragraph:
       ``(8) Certain duties on imported vehicles.--There are 
     hereby appropriated to the Highway Trust Fund amounts 
     equivalent to the amounts received in the Treasury that are 
     attributable to duties collected on or after October 1, 2011, 
     and before October 1, 2016, on articles classified under 
     subheading 8703.22.00 or 8703.24.00 of the Harmonized Tariff 
     Schedule of the United States.''.

     SEC. 40307. TREATMENT OF SECURITIES OF A CONTROLLED 
                   CORPORATION EXCHANGED FOR ASSETS IN CERTAIN 
                   REORGANIZATIONS.

       (a) In General.--Section 361 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(d) Special Rules for Transactions Involving Section 355 
     Distributions.--In the case of a reorganization described in 
     section 368(a)(1)(D) with respect to which stock or 
     securities of the corporation to which the assets are 
     transferred are distributed in a transaction which qualifies 
     under section 355--
       ``(1) this section shall be applied by substituting `stock 
     other than nonqualified preferred stock (as defined in 
     section 351(g)(2))' for `stock or securities' in subsections 
     (a) and (b)(1), and
       ``(2) the first sentence of subsection (b)(3) shall apply 
     only to the extent that the sum of the money and the fair 
     market value of the other property transferred to such 
     creditors does not exceed the adjusted bases of such assets 
     transferred (reduced by the amount of the liabilities assumed 
     (within the meaning of section 357(c))).''.
       (b) Conforming Amendment.--Paragraph (3) of section 361(b) 
     is amended by striking the last sentence.
       (c) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to exchanges 
     after the date of the enactment of this Act.
       (2) Transition rule.--The amendments made by this section 
     shall not apply to any exchange pursuant to a transaction 
     which is--
       (A) made pursuant to a written agreement which was binding 
     on February 6, 2012, and at all times thereafter;
       (B) described in a ruling request submitted to the Internal 
     Revenue Service on or before February 6, 2012; or
       (C) described on or before February 6, 2012, in a public 
     announcement or in a filing with the Securities and Exchange 
     Commission.

     SEC. 40308. INTERNAL REVENUE SERVICE LEVIES AND THRIFT 
                   SAVINGS PLAN ACCOUNTS.

       Section 8437(e)(3) of title 5, United States Code, is 
     amended by inserting ``, the enforcement of a Federal tax 
     levy as provided in section 6331 of the Internal Revenue Code 
     of 1986,'' after ``(42 U.S.C. 659)''.

     SEC. 40309. DEPRECIATION AND AMORTIZATION RULES FOR HIGHWAY 
                   AND RELATED PROPERTY SUBJECT TO LONG-TERM 
                   LEASES.

       (a) Accelerated Cost Recovery.--
       (1) In general.--Section 168(g)(1) of the Internal Revenue 
     Code of 1986 is amended by striking ``and'' at the end of 
     subparagraph (D), by redesignating subparagraph (E) as 
     subparagraph (F), and by inserting after subparagraph (D) the 
     following new subparagraph:
       ``(E) any applicable leased highway property,''.
       (2) Recovery period.--The table contained in subparagraph 
     (C) of section 168(g)(2) of such Code is amended by 
     redesignating clause (iv) as clause (v) and by inserting 
     after clause (iii) the following new clause:

``(iv) Applicable leased highway property..................45 years.''.

       (3) Applicable leased highway property defined.--
       (A) In general.--Section 168(g) of such Code is amended by 
     redesignating paragraph (7) as paragraph (8) and by inserting 
     after paragraph (6) the following new paragraph:
       ``(7) Applicable leased highway property.--For purposes of 
     paragraph (1)(E)--
       ``(A) In general.--The term `applicable leased highway 
     property' means property to which this section otherwise 
     applies which--
       ``(i) is subject to an applicable lease, and

[[Page S1363]]

       ``(ii) is placed in service before the date of such lease.
       ``(B) Applicable lease.--The term `applicable lease' means 
     a lease or other arrangement--
       ``(i) which is between the taxpayer and a State or 
     political subdivision thereof, or any agency or 
     instrumentality of either, and
       ``(ii) under which the taxpayer--

       ``(I) leases a highway and associated improvements,
       ``(II) receives a right-of-way on the public lands 
     underlying such highway and improvements, and
       ``(III) receives a grant of a franchise or other intangible 
     right permitting the taxpayer to receive funds relating to 
     the operation of such highway.''.

       (B) Conforming amendment.--Subparagraph (F) of section 
     168(g)(1) (as redesignated by subsection (a)(1)) is amended 
     by striking ``paragraph (7)'' and inserting ``paragraph 
     (8)''.
       (b) Amortization of Intangibles.--Section 197(f) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(11) Intangibles relating to applicable leased highway 
     property.--In the case of any amortizable section 197 
     intangible property which is acquired in connection with an 
     applicable lease (as defined in section 168(g)(7)(B)), the 
     amortization period under this section shall not be less than 
     the term of the applicable lease. For purposes of the 
     preceding sentence, rules similar to the rules of section 
     168(i)(3)(A) shall apply in determining the term of the 
     applicable lease.''.
       (c) No Private Activity Bond Financing of Applicable Leased 
     Highway Property.--Section 147(e) of the Internal Revenue 
     Code of 1986 is amended by inserting ``, or to finance any 
     applicable leased highway property (as defined in section 
     168(g)(7)(A))'' after ``premises''.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to leases entered 
     into after the date of the enactment of this Act.
       (2) No private activity bond financing.--The amendment made 
     by subsection (c) shall apply to bonds issued after the date 
     of the enactment of this Act.

     SEC. 40310. EXTENSION FOR TRANSFERS OF EXCESS PENSION ASSETS 
                   TO RETIREE HEALTH ACCOUNTS.

       (a) In General.--Paragraph (5) of section 420(b) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``December 31, 2013'' and inserting ``December 31, 2021''.
       (b) Conforming ERISA Amendments.--
       (1) Sections 101(e)(3), 403(c)(1), and 408(b)(13) of the 
     Employee Retirement Income Security Act of 1974 are each 
     amended by striking ``Pension Protection Act of 2006'' and 
     inserting ``Highway Investment, Job Creation, and Economic 
     Growth Act of 2012''.
       (2) Section 408(b)(13) of such Act (29 U.S.C. 1108(b)(13)) 
     is amended by striking ``January 1, 2014'' and inserting 
     ``January 1, 2022''.
       (c) Effective Date.--The amendments made by this Act shall 
     take effect on the date of the enactment of this Act.

     SEC. 40311. TRANSFER OF EXCESS PENSION ASSETS TO RETIREE 
                   GROUP TERM LIFE INSURANCE ACCOUNTS.

       (a) In General.--Subsection (a) of section 420 of the 
     Internal Revenue Code of 1986 is amended by inserting ``, or 
     an applicable life insurance account,'' after ``health 
     benefits account''.
       (b) Applicable Life Insurance Account Defined.--
       (1) In general.--Subsection (e) of section 420 of the 
     Internal Revenue Code of 1986 is amended by redesignating 
     paragraphs (4) and (5) as paragraphs (5) and (6), 
     respectively, and by inserting after paragraph (3) the 
     following new paragraph:
       ``(4) Applicable life insurance account.--The term 
     `applicable life insurance account' means a separate account 
     established and maintained for amounts transferred under this 
     section for qualified current retiree liabilities based on 
     premiums for applicable life insurance benefits.''.
       (2) Applicable life insurance benefits defined.--Paragraph 
     (1) of section 420(e) of such Code is amended by 
     redesignating subparagraph (D) as subparagraph (E) and by 
     inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) Applicable life insurance benefits.--The term 
     `applicable life insurance benefits' means group-term life 
     insurance coverage provided to retired employees who, 
     immediately before the qualified transfer, are entitled to 
     receive such coverage by reason of retirement and who are 
     entitled to pension benefits under the plan, but only to the 
     extent that such coverage is provided under a policy for 
     retired employees and the cost of such coverage is excludable 
     from the retired employee's gross income under section 79.''.
       (3) Collectively bargained life insurance benefits 
     defined.--
       (A) In general.--Paragraph (6) of section 420(f) of such 
     Code is amended by redesignating subparagraph (D) as 
     subparagraph (E) and by inserting after subparagraph (C) the 
     following new subparagraph:
       ``(D) Collectively bargained life insurance benefits.--The 
     term `collectively bargained life insurance benefits' means, 
     with respect to any collectively bargained transfer--
       ``(i) applicable life insurance benefits which are provided 
     to retired employees who, immediately before the transfer, 
     are entitled to receive such benefits by reason of 
     retirement, and
       ``(ii) if specified by the provisions of the collective 
     bargaining agreement governing the transfer, applicable life 
     insurance benefits which will be provided at retirement to 
     employees who are not retired employees at the time of the 
     transfer.''.
       (B) Conforming amendments.--
       (i) Clause (i) of section 420(e)(1)(C) of such Code is 
     amended by striking ``upon retirement'' and inserting ``by 
     reason of retirement''.
       (ii) Subparagraph (C) of section 420(f)(6) of such Code is 
     amended--

       (I) by striking ``which are provided to'' in the matter 
     preceding clause (i),
       (II) by inserting ``which are provided to'' before 
     ``retired employees'' in clause (i),
       (III) by striking ``upon retirement'' in clause (i) and 
     inserting ``by reason of retirement'', and
       (IV) by striking ``active employees who, following their 
     retirement,'' and inserting ``which will be provided at 
     retirement to employees who are not retired employees at the 
     time of the transfer and who''.

       (c) Maintenance of Effort.--
       (1) In general.--Subparagraph (A) of section 420(c)(3) of 
     the Internal Revenue Code of 1986 is amended by inserting ``, 
     and each group-term life insurance plan under which 
     applicable life insurance benefits are provided,'' after 
     ``health benefits are provided''.
       (2) Conforming amendments.--
       (A) Subparagraph (B) of section 420(c)(3) of such Code is 
     amended--
       (i) by redesignating subclauses (I) and (II) of clause (i) 
     as subclauses (II) and (III) of such clause, respectively, 
     and by inserting before subclause (II) of such clause, as so 
     redesignated, the following new subclause:

       ``(I) separately with respect to applicable health benefits 
     and applicable life insurance benefits,'', and

       (ii) by striking ``for applicable health benefits'' and all 
     that follows in clause (ii) and inserting ``was provided 
     during such taxable year for the benefits with respect to 
     which the determination under clause (i) is made.''.
       (B) Subparagraph (C) of section 420(c)(3) of such Code is 
     amended--
       (i) by inserting ``for applicable health benefits'' after 
     ``applied separately'', and
       (ii) by inserting ``, and separately for applicable life 
     insurance benefits with respect to individuals age 65 or 
     older at any time during the taxable year and with respect to 
     individuals under age 65 during the taxable year'' before the 
     period.
       (C) Subparagraph (E) of section 420(c)(3) of such Code is 
     amended--
       (i) in clause (i), by inserting ``or retiree life insurance 
     coverage, as the case may be,'' after ``retiree health 
     coverage'', and
       (ii) in clause (ii), by inserting ``for retiree health 
     coverage'' after ``cost reductions'' in the heading thereof, 
     and
       (iii) in clause (ii)(II), by inserting ``with respect to 
     applicable health benefits'' after ``liabilities of the 
     employer''.
       (D) Paragraph (2) of section 420(f) of such Code is amended 
     by striking ``collectively bargained retiree health 
     liabilities'' each place it occurs and inserting 
     ``collectively bargained retiree liabilities''.
       (E) Clause (i) of section 420(f)(2)(D) of such Code is 
     amended--
       (i) by inserting ``, and each group-term life insurance 
     plan or arrangement under which applicable life insurance 
     benefits are provided,'' in subclause (I) after ``applicable 
     health benefits are provided'',
       (ii) by inserting ``or applicable life insurance benefits, 
     as the case may be,'' in subclause (I) after ``provides 
     applicable health benefits'',
       (iii) by striking ``group health'' in subclause (II), and
       (iv) by inserting ``or collectively bargained life 
     insurance benefits'' in subclause (II) after ``collectively 
     bargained health benefits''.
       (F) Clause (ii) of section 420(f)(2)(D) of such Code is 
     amended--
       (i) by inserting ``with respect to applicable health 
     benefits or applicable life insurance benefits'' after 
     ``requirements of subsection (c)(3)'', and
       (ii) by adding at the end the following: ``Such election 
     may be made separately with respect to applicable health 
     benefits and applicable life insurance benefits. In the case 
     of an election with respect to applicable life insurance 
     benefits, the first sentence of this clause shall be applied 
     as if subsection (c)(3) as in effect before the amendments 
     made by such Act applied to such benefits.''
       (G) Clause (iii) of section 420(f)(2)(D) of such Code is 
     amended--
       (i) by striking ``retiree'' each place it occurs, and
       (ii) by inserting ``, collectively bargained life insurance 
     benefits, or both, as the case may be,'' after ``health 
     benefits'' each place it occurs.
       (d) Coordination With Section 79.--Section 79 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subsection:
       ``(f) Exception for Life Insurance Purchased in Connection 
     With Qualified Transfer of Excess Pension Assets.--Subsection 
     (b)(3) and section 72(m)(3) shall not apply in the case of 
     any cost paid (whether directly or indirectly) with assets 
     held in an applicable life insurance account (as defined in 
     section 420(e)(4)) under a defined benefit plan.''.
       (e) Conforming Amendments.--
       (1) Section 420 of the Internal Revenue Code of 1986 is 
     amended by striking ``qualified current retiree health 
     liabilities'' each

[[Page S1364]]

     place it appears and inserting ``qualified current retiree 
     liabilities''.
       (2) Section 420 of such Code is amended by inserting ``, or 
     an applicable life insurance account,'' after ``a health 
     benefits account'' each place it appears in subsection 
     (b)(1)(A), subparagraphs (A), (B)(i), and (C) of subsection 
     (c)(1), subsection (d)(1)(A), and subsection (f)(2)(E)(ii).
       (3) Section 420(b) of such Code is amended--
       (A) by adding the following at the end of paragraph (2)(A): 
     ``If there is a transfer from a defined benefit plan to both 
     a health benefits account and an applicable life insurance 
     account during any taxable year, such transfers shall be 
     treated as 1 transfer for purposes of this paragraph.'', and
       (B) by inserting ``to an account'' after ``may be 
     transferred'' in paragraph (3).
       (4) The heading for section 420(c)(1)(B) of such Code is 
     amended by inserting ``or life insurance'' after ``health 
     benefits''.
       (5) Paragraph (1) of section 420(e) of such Code is 
     amended--
       (A) by inserting ``and applicable life insurance benefits'' 
     in subparagraph (A) after ``applicable health benefits'', and
       (B) by striking ``health'' in the heading thereof.
       (6) Subparagraph (B) of section 420(e)(1) of such Code is 
     amended--
       (A) in the matter preceding clause (i), by inserting 
     ``(determined separately for applicable health benefits and 
     applicable life insurance benefits)'' after ``shall be 
     reduced by the amount'',
       (B) in clause (i), by inserting ``or applicable life 
     insurance accounts'' after ``health benefit accounts'', and
       (C) in clause (i), by striking ``qualified current retiree 
     health liability'' and inserting ``qualified current retiree 
     liability''.
       (7) The heading for subsection (f) of section 420 of such 
     Code is amended by striking ``Health'' each place it occurs.
       (8) Subclause (II) of section 420(f)(2)(B)(ii) of such Code 
     is amended by inserting ``or applicable life insurance 
     account, as the case may be,'' after ``health benefits 
     account''.
       (9) Subclause (III) of section 420(f)(2)(E)(i) of such Code 
     is amended--
       (A) by inserting ``defined benefit'' before ``plan 
     maintained by an employer'', and
       (B) by inserting ``health'' before ``benefit plans 
     maintained by the employer''.
       (10) Paragraphs (4) and (6) of section 420(f) of such Code 
     are each amended by striking ``collectively bargained retiree 
     health liabilities'' each place it occurs and inserting 
     ``collectively bargained retiree liabilities''.
       (11) Subparagraph (A) of section 420(f)(6) of such Code is 
     amended--
       (A) in clauses (i) and (ii), by inserting ``, in the case 
     of a transfer to a health benefits account,'' before ``his 
     covered spouse and dependents'', and
       (B) in clause (ii), by striking ``health plan'' and 
     inserting ``plan''.
       (12) Subparagraph (B) of section 420(f)(6) of such Code is 
     amended--
       (A) in clause (i), by inserting ``, and collectively 
     bargained life insurance benefits,'' after ``collectively 
     bargained health benefits'',
       (B) in clause (ii)--
       (i) by adding at the end the following: ``The preceding 
     sentence shall be applied separately for collectively 
     bargained health benefits and collectively bargained life 
     insurance benefits.'', and
       (ii) by inserting ``, applicable life insurance accounts,'' 
     after ``health benefit accounts'', and
       (C) by striking ``health'' in the heading thereof.
       (13) Subparagraph (E) of section 420(f)(6) of such Code, as 
     redesignated by subsection (b), is amended--
       (A) by striking ``bargained health'' and inserting 
     ``bargained'',
       (B) by inserting ``, or a group-term life insurance plan or 
     arrangement for retired employees,'' after ``dependents'' , 
     and
       (C) by striking ``health'' in the heading thereof.
       (14) Section 101(e) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1021(e)) is amended--
       (A) in paragraphs (1) and (2), by inserting ``or applicable 
     life insurance account'' after ``health benefits account'' 
     each place it appears, and
       (B) in paragraph (1), by inserting ``or applicable life 
     insurance benefit liabilities'' after ``health benefits 
     liabilities''.
       (f) Technical Correction.--Clause (iii) of section 
     420(f)(6)(B) is amended by striking ``416(I)(1)'' and 
     inserting ``416(i)(1)''.
       (g) Repeal of Deadwood.--
       (1) Subparagraph (A) of section 420(b)(1) of the Internal 
     Revenue Code of 1986 is amended by striking ``in a taxable 
     year beginning after December 31, 1990''.
       (2) Subsection (b) of section 420 of such Code is amended 
     by striking paragraph (4) and by redesignating paragraph (5), 
     as amended by this Act, as paragraph (4).
       (3) Paragraph (2) of section 420(b) of such Code, as 
     amended by this section, is amended--
       (A) by striking subparagraph (B), and
       (B) by striking ``per year.--'' and all that follows 
     through ``No more than'' and inserting ``per year.--No more 
     than''.
       (4) Paragraph (2) of section 420(c) of such Code is 
     amended--
       (A) by striking subparagraph (B),
       (B) by moving subparagraph (A) two ems to the left, and
       (C) by striking ``before transfer.--'' and all that follows 
     through ``The requirements of this paragraph'' and inserting 
     the following: ``before transfer.--The requirements of this 
     paragraph''.
       (5) Paragraph (2) of section 420(d) of such Code is amended 
     by striking ``after December 31, 1990''.
       (h) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to transfers made after the date of the enactment of 
     this Act.
       (2) Conforming amendments relating to pension protection 
     act.--The amendments made by subsections (b)(3)(B) and (f) 
     shall take effect as if included in the amendments made by 
     section 841(a) of the Pension Protection Act of 2006.

     SEC. 40312. PENSION FUNDING STABILIZATION.

       (a) Amendments to Internal Revenue Code of 1986.--
       (1) In general.--Subparagraph (C) of section 430(h)(2) of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new clause:
       ``(iv) Segment rate stabilization.--If a segment rate 
     described in clause (i), (ii), or (iii) with respect to any 
     applicable month (determined without regard to this clause) 
     is less than 85 percent, or more than 115 percent, of the 
     average of the segment rates (determined on an annual basis 
     by the Secretary) described in such clause for years in the 
     10-year period ending with September 30 of the calendar year 
     preceding the calendar year in which the plan year begins, 
     then the segment rate described in such clause with respect 
     to the applicable month shall be equal to 85 or 115 percent 
     of such average, whichever is closest.''.
       (2) Conforming amendments.--
       (A) Paragraph (6) of section 404(o) of such Code is amended 
     by inserting ``(determined by not taking into account any 
     adjustment under clause (iv) of subsection (h)(2)(C) 
     thereof)'' before the period.
       (B) Subparagraph (F) of section 430(h)(2) of such Code is 
     amended by inserting ``and the averages determined under 
     subparagraph (C)(iv)'' after ``subparagraph (C)''.
       (C) Subparagraphs (C) and (D) of section 417(e)(3) of such 
     Code are each amended by striking ``section 430(h)(2)(C)'' 
     and inserting ``section 430(h)(2)(C) (determined by not 
     taking into account any adjustment under clause (iv) 
     thereof)''.
       (b) Amendments to Employee Retirement Income Security Act 
     of 1974.--
       (1) In general.--Subparagraph (C) of section 303(h)(2) of 
     the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1083(h)(2)) is amended by adding at the end the 
     following new clause:
       ``(iv) Segment rate stabilization.--If a segment rate 
     described in clause (i), (ii), or (iii) with respect to any 
     applicable month (determined without regard to this clause) 
     is less than 85 percent, or more than 115 percent, of the 
     average of the segment rates (determined on an annual basis 
     by the Secretary of the Treasury) described in such clause 
     for years in the 10-year period ending with September 30 of 
     the calendar year preceding the calendar year in which the 
     plan year begins, then the segment rate described in such 
     clause with respect to the applicable month shall be equal to 
     85 or 115 percent of such average, whichever is closest.''.
       (2) Conforming amendments.--
       (A) Subparagraph (F) of section 303(h)(2) of such Act (29 
     U.S.C. 1083(h)(2)) is amended by inserting ``and the averages 
     determined under subparagraph (C)(iv)'' after ``subparagraph 
     (C)''.
       (B) Clauses (ii) and (iii) of section 205(g)(3)(B) of such 
     Act (29 U.S.C. 1055(g)(3)(B)) are each amended by striking 
     ``section 303(h)(2)(C)'' and inserting ``section 303(h)(2)(C) 
     (determined by not taking into account any adjustment under 
     clause (iv) thereof)''.
       (C) Clause (iv) of section 4006(a)(3)(E) of such Act (29 
     U.S.C. 1306(a)(3)(E)) is amended by striking ``section 
     303(h)(2)(C)'' and inserting ``section 303(h)(2)(C) 
     (notwithstanding any regulations issued by the corporation, 
     determined by not taking into account any adjustment under 
     clause (iv) thereof)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to plan years beginning after 
     December 31, 2011.
       (d) Transfer to Highway Trust Fund.--Subsection (f) of 
     section 9503 of the Internal Revenue Code of 1986, as amended 
     by this Act, is amended by redesignating paragraph (4) as 
     paragraph (5) and by inserting after paragraph (3) the 
     following new paragraph:
       ``(4) Additional appropriation to fund.--Out of money in 
     the Treasury not otherwise appropriated, there is hereby 
     appropriated $1,588,000,000 to the Highway Trust Fund.''.
                                 ______
                                 
  SA 1762. Mr. REID proposed an amendment to amendment SA 1761 proposed 
by Mr. Reid 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:

     SEC.__. EFFECTIVE DATE.

       This Act shall become effective 7 days after enactment.
                                 ______
                                 
  SA 1763. Mr. REID 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 new section:

     SEC.__.

       This Act shall become effective 6 days after enactment.

[[Page S1365]]

                                 ______
                                 
  SA 1764. Mr. REID proposed an amendment to amendment SA 1763 proposed 
by Mr. Reid to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; as 
follows:

       In the amendment, strike ``6 days'' and insert ``5 days''.
                                 ______
                                 
  SA 1765. Mr. REID proposed an amendment to amendment SA 1764 proposed 
by Mr. Reid to the amendment SA 1763 proposed by Mr. Reid to the bill 
S. 1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; as follows:

       In the amendment, strike ``5 days'' and insert ``4 days''.
                                 ______
                                 
  SA 1766. Mr. BROWN of Ohio (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed to amendment SA 1761 proposed by Mr. 
Reid 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:

       Beginning on page 232, strike line 17 and all that follows 
     through page 248, line 6, and insert the following:

     SEC. 20017. REQUIREMENTS FOR PUBLIC TRANSPORTATION PROJECTS.

       (a) 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 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) School Bus 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 school bus 
     transportation that exclusively transports students and 
     school personnel in competition with a private school bus 
     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 school bus 
     program for the school system; and
       ``(B) unless a private school bus 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) Buy america waiver requirements.--
       ``(A) Notice and comment opportunities.--
       ``(i) In general.--If the Secretary receives a request for 
     a waiver under section 313(b) of title 23, United States 
     Code, section 5323(j)(2)

[[Page S1366]]

     of title 49, United States Code, or section 24305(f)(4), 
     24405(a)(2), or 50101(b) of such title, the Secretary shall 
     provide notice of, and an opportunity for public comment on, 
     the request not later than 30 days before making a finding 
     based on such request.
       ``(ii) Notice requirements.--Each notice provided under 
     clause (i)--

       ``(I) shall include the information available to the 
     Secretary concerning the request, including the requestor's 
     justification for such request; and
       ``(II) shall be provided electronically, including on the 
     official public Internet website of the Department.

       ``(B) Publication of detailed justification.--If the 
     Secretary issues a waiver pursuant to the authority granted 
     under a provision referenced in subparagraph (A)(i), the 
     Secretary shall publish, in the Federal Register, a detailed 
     justification for the waiver that--
       ``(i) addresses the public comments received under 
     subparagraph (A)(i); and
       ``(ii) is published before the waiver takes effect.
       ``(C) Buy america reporting.--Not later than February 1, 
     2013, and annually thereafter, the Secretary shall submit a 
     report to Congress that--
       ``(i) specifies each highway, public transportation, or 
     railroad project for which the Secretary issued a waiver from 
     a Buy America requirement pursuant to the authority granted 
     under a provision referenced in subparagraph (A)(i) during 
     the preceding calendar year;
       ``(ii) identifies the country of origin and product 
     specifications for the steel, iron, or manufactured goods 
     acquired pursuant to each of the waivers specified under 
     clause (i); and
       ``(iii) summarizes the monetary value of contracts awarded 
     pursuant to each such waiver.
       ``(D) Consistency with international agreements.--This 
     paragraph shall be applied in a manner that is consistent 
     with United States obligations under relevant international 
     agreements.
       ``(E) Review of nationwide waivers.--Not later than 1 year 
     after the date of the enactment of the Federal Public 
     Transportation Act of 2012, and at least once every 5 years 
     thereafter, the Secretary shall review each standing 
     nationwide waiver issued pursuant to the authority granted 
     under any of the provisions referenced in subparagraph (A)(i) 
     to determine whether continuing such waiver is necessary.
       ``(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.
       ``(10) Application to transit programs.--The requirements 
     under this subsection shall apply to all contracts for a 
     project carried out within the scope of the applicable 
     finding, determination, or decision under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     regardless of the funding source of such contracts, if at 
     least 1 contract for the project is funded with amounts made 
     available to carry out this chapter.
       ``(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 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.''.
       (b) Buy America Provisions.--
       (1) Surface transportation.--Section 313 of title 23, 
     United States Code, is amended by adding at the end the 
     following:
       ``(g) Application to Highway Programs.--The requirements 
     under this section shall apply to all contracts for a project 
     carried out within the scope of the applicable finding, 
     determination, or decision under the National Environmental 
     Policy Act of 1969 (42

[[Page S1367]]

     U.S.C. 4321 et seq.), regardless of the funding source of 
     such contracts, if at least 1 contract for the project is 
     funded with amounts made available to carry out this 
     title.''.
       (2) Amtrak.--Section 24305(f) of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(5) The requirements under this subsection shall apply to 
     all contracts for a project carried out within the scope of 
     the applicable finding, determination, or decision under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), regardless of the funding source of such contracts, if 
     at least 1 contract for the project is funded with amounts 
     made available to carry out this chapter.''.
       (3) Application to intercity passenger rail service 
     corridors.--Section 24405(a) of title 49, United States Code, 
     is amended--
       (A) by striking paragraph (4);
       (B) by redesignating paragraphs (5) through (11) as 
     paragraphs (4) through (10), respectively; and
       (C) by adding at the end the following:
       ``(11) The requirements under this subsection shall apply 
     to all contracts eligible for Federal funding for a project 
     carried out within the scope of the applicable finding, 
     determination, or decision under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of 
     the funding source of such contracts, if at least 1 contract 
     for the project is funded with amounts made available to 
     carry out this title.''.
                                 ______
                                 
  SA 1767. Mr. LAUTENBERG (for himself, Mr. Durbin, Mrs. Gillibrand, 
and Mr. Sanders) 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 87, between lines 15 and 16, insert the following:
       ``(29) Capital costs for passenger rail projects eligible 
     for assistance under title 49, including vehicles and 
     facilities.
                                 ______
                                 
  SA 1768. Mr. HARKIN (for himself, Mr. Moran, Mr. Levin, Ms. Stabenow, 
and Mr. Sanders) submitted an amendment intended to be proposed to 
amendment SA 1761 proposed by Mr. Reid 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 division B of the amendment, add the 
     following:

     SEC. __. INCREASING THE PRIORITY OF BUSES AND IMPROVING 
                   FLEXIBILITY FOR PUBLIC TRANSPORTATION FUNDING.

       (a) Applicability.--Section 5337(e) of title 49, United 
     States Code, as amended by this Act, shall apply only with 
     respect to fiscal year 2012.
       (b) Funding.--Notwithstanding section 5338 of title 49, 
     United States Code, as amended by this Act--
       (1) of amounts made available under subsection (a)(1) of 
     such section 5338 for fiscal year 2013--
       (A) $5,039,661,500 shall be allocated in accordance with 
     section 5336 of such title 49 to provide financial assistance 
     for urbanized areas under section 5307;
       (B) $720,190,000 shall be available to provide financial 
     assistance for other than urbanized areas under section 5311 
     of such title 49, 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); and
       (C) $1,574,763,500 shall be available to carry out 
     subsection (c) of section 5337 of such title 49;
       (2) no amounts made available under subsection (a)(1) of 
     such section 5338 for fiscal year 2013 may be used to carry 
     out section 5337(e) of title 49, United States Code, as 
     amended by this Act;
       (3) there are authorized to be appropriated to carry out 
     section 5309 of such title 49, $1,655,000,000 for fiscal year 
     2013;
       (4) there are authorized to be appropriated to carry out 
     section 5307 of such title 49, $203,500,000 for fiscal year 
     2013, which shall be allocated in accordance with section 
     5336 of such title 49; and
       (5) there are authorized to be appropriated to carry out 
     section 5311 of such title 49, $96,500,000 for fiscal year 
     2013, which shall be apportioned in accordance with section 
     5311(c).
       (c) High Intensity Fixed Guideway State of Good Repair.--
     Notwithstanding section 5337(c)(1) of title 49, United States 
     Code, as amended by this Act, for fiscal year 2013, 
     $1,574,763,500 shall be apportioned to recipients in 
     accordance with section 5337(c) of title 49, United States 
     Code.
                                 ______
                                 
  SA 1769. 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:

     SEC. ____. REGULATIONS REGARDING POOLS.

       (a) Definitions.--
       (1) Covered regulation.--The term ``covered regulation'' 
     means--
       (A) the portions of part 35 of title 28, Code of Federal 
     Regulations, that were added under the final rule issued by 
     the Attorney General entitled ``Nondiscrimination on the 
     Basis of Disability in State and Local Government Services'', 
     75 Fed. Reg. 56164 (September 15, 2010); and
       (B) the portions of part 36 of title 28, Code of Federal 
     Regulations, that were added under the final rule issued by 
     the Attorney General entitled ``Nondiscrimination on the 
     Basis of Disability by Public Accommodations and in 
     Commercial Facilities'', 75 Fed. Reg. 56236 (September 15, 
     2010).
       (2) Pool.--The term ``pool'' means a swimming pool, wading 
     pool, sauna, steam room, spa, wave pool, lazy river, sand 
     bottom pool, or other water amusement, within the meaning of 
     part 36 of title 28, Code of Federal Regulations.
       (3) Public accommodation.--The term ``public 
     accommodation'' has the meaning given the term in section 301 
     of the Americans with Disabilities Act of 1990 (42 U.S.C. 
     12181).
       (4) Public entity.--The term ``public entity'' has the 
     meaning given the term in section 201 of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12131).
       (b) Delayed Effective Date.--Neither the Attorney General 
     nor any official of the Federal Government shall have 
     authority, under title II or III of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12131 et seq., 12181 et 
     seq.) or any other provision of Federal law, to administer or 
     enforce a covered regulation, with respect to a pool at a 
     public accommodation, or a pool provided by a public entity 
     and covered by such title II, earlier than 1 year after the 
     date of enactment of this Act.
                                 ______
                                 
  SA 1770. Mr. SCHUMER (for himself and Mrs. Gillibrand) 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 5340(d)(5) of title 49, United States Code, as 
     amended by section 20030, strike the second and third 
     sentences and insert the following: ``Amounts apportioned to 
     each urbanized area shall be added to amounts apportioned to 
     that urbanized area under section 5336 and shall be made 
     available for grants under section 5307.''.

                          ____________________