[Congressional Record Volume 158, Number 41 (Tuesday, March 13, 2012)]
[Senate]
[Pages S1618-S1638]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA. 1830. Mrs. BOXER proposed an amendment to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; as follows:

       On page 1, line 7, strike ``4'' and insert ``6''.
       On page 2, between lines 1 and 2, insert the following:
       (5) Division E Research and Education.
       (6) Division F Budgetary Effects.
       On page 21, strike lines 5 through 10 and insert the 
     following:
       the unobligated balance of amounts--
       (A) 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 (or 
     apportioned by the Secretary under sections 202 or 204 of 
     title 23, United States Code); and
       (B) for which obligation authority was provided in a 
     previous fiscal year;
       On page 22, strike lines 6 through 9 and insert the 
     following:

     each of the programs (other than programs to which paragraph 
     (1) applies) that are allocated by the Secretary under this 
     Act and title 23, United States Code, or apportioned by the 
     Secretary under sections 202 or 204 of that title, by 
     multiplying--
       On page 22, line 25, insert ``and the amounts apportioned 
     under section 204 of that title'' after ``(b)(12)''.
       On page 24, line 8, strike ``title II'' and insert 
     ``division E''.
       On page 24, line 23, insert ``(excluding funds authorized 
     for the program under section 202 of title 23, United States 
     Code)'' after ``funds''.
       On page 25, line 5, insert ``(or will not be apportioned to 
     the States under section 204 of title 23, United States 
     Code)'' after ``States''.
       On page 25, strike lines 17 through 20.
       On page 84, strike line 6 and insert the following:

     tory shall be considered to be a Governor of a State.
       ``(g) Protecting Public Safety and Maintaining Roadways.--
     The Secretary may use amounts from the emergency fund 
     authorized by this section to carry out projects that the 
     Secretary determines are necessary to protect public safety 
     or to maintain or protect roadways that have been included 
     within the scope of a prior emergency declaration in order to 
     maintain the continuation of roadway services on roads that 
     are threatened by continuous or frequent flooding.''.
       On page 94, strike line 6 and all that follows through page 
     95, line 7, and insert the following:
       ``(A) Set-aside.--Of the amounts apportioned to a State for 
     fiscal year 2012 and each fiscal year thereafter under this 
     section, the State shall obligate for activities described in 
     subsection (c)(2) for off-system bridges an amount that is 
     not less than 15 percent of the amount of funds apportioned 
     to the State for the highway bridge program for fiscal year 
     2009.
       ``(B) Reduction of expenditures.--The Secretary, after 
     consultation with State and local officials, may reduce the 
     requirement for expenditures for off-system bridges under 
     subparagraph (A) with respect to the State if the Secretary 
     determines that the State has inadequate needs to justify the 
     expenditure.
       On page 167, strike lines 1 through 3 and insert the 
     following:

       ``(V) a school district, local education agency, or school;
       ``(VI) a tribal government; and
       ``(VII) any other local or regional

       On page 168, strike line 21 and insert the following:

     ``a Federal-aid highway under this chapter.
       ``(7) Continuation of certain recreational trails 
     projects.--Each State that does not opt out of this paragraph 
     shall--
       ``(A) obligate an amount of funds reserved under this 
     section equal to the amount of the funds apportioned to the 
     State for fiscal year 2009 under section 104(h)(2) for 
     projects relating to recreational trails under section 206;
       ``(B) return 1 percent of those funds to the Secretary for 
     the administration of that program; and
       ``(C) comply with the provisions of the administration of 
     the recreational trails program under section 206, including 
     the use of apportioned funds described under subsection 
     (d)(3)(A) of that section.
       ``(8) State flexibility.--A State may opt out of the 
     recreational trails program under paragraph (7) if the 
     Governor of the State notifies the Secretary not later than 
     30 days prior to apportionments being made for any fiscal 
     year.''.
       On page 210, line 19, strike ``Administrative expenses'' 
     and insert ``Tribal technical assistance centers''.
       Beginning on page 217, strike line 15 and all that follows 
     through page 218, line 1, and insert the following:
       ``(aa) for each Indian tribe, 80 percent of the total 
     relative need distribution factor and population adjustment 
     factor for the fiscal year 2011 funding amount made available 
     to that Indian tribe; and
       ``(bb) the remainder using tribal shares as described in 
     subparagraphs (B) and (C).

       ``(II) For fiscal year 2013--

       ``(aa) for each Indian tribe, 60 percent of the total 
     relative need distribution factor and population adjustment 
     factor for the fiscal year 2011 funding amount made available 
     to that Indian tribe; and
       ``(bb) the remainder using tribal shares as described in 
     subparagraphs (B) and (C).

       ``(III) For fiscal year 2014--

[[Page S1619]]

       ``(aa) for each Indian tribe, 40 percent of the total 
     relative need distribution factor and population adjustment 
     factor for the fiscal year 2011 funding amount made available 
     to that Indian tribe; and
       ``(bb) the remainder using tribal shares as described in 
     subparagraphs (B) and (C).

       ``(IV) For fiscal year 2015--

       ``(aa) for each Indian tribe, 20 percent of the total 
     relative need distribution factor and population adjustment 
     factor for the fiscal year 2011 funding amount made available 
     to that Indian tribe; and
       ``(bb) the remainder using tribal shares as described in 
     subparagraphs (B) and (C).

       ``(V) For fiscal year 2016 and

       On page 221, line 25, strike ``$27,500,000'' and insert 
     ``$82,500,000''.
       On page 243, line 20, strike ``the road'' and insert ``the 
     road unless the Secretary determines that the bicycle level 
     of service on that roadway is rated B or higher''.
       On page 267, between lines 4 and 5, insert the following:

     SEC. 11__. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 
                   FACILITIES.

       (a) Construction of Ferry Boats and Ferry Terminal 
     Facilities.--Section 147 of title 23, United States Code, is 
     amended--
       (1) by striking subsections (c), (d), and (e);
       (2) by redesignating subsection (f) as subsection (g); and
       (3) by inserting after subsection (b) the following:
       ``(c) Distribution of Funds.--Of the amounts made available 
     to ferry systems and public entities responsible for 
     developing ferries under this section for a fiscal year, 100 
     percent shall be allocated in accordance with the formula set 
     forth in subsection (d).
       ``(d) Formula.--Of the amounts allocated pursuant to 
     subsection (c)--
       ``(1) 20 percent shall be allocated among eligible entities 
     in the proportion that--
       ``(A) the number of ferry passengers carried by each ferry 
     system in the most recent fiscal year; bears to
       ``(B) the number of ferry passengers carried by all ferry 
     systems in the most recent fiscal year;
       ``(2) 50 percent shall be allocated among eligible entities 
     in the proportion that--
       ``(A) the number of vehicles carried by each ferry system 
     in the most recent fiscal year; bears to
       ``(B) the number of vehicles carried by all ferry systems 
     in the most recent fiscal year; and
       ``(3) 30 percent shall be allocated among eligible entities 
     in the proportion that--
       ``(A) the total route miles serviced by each ferry system; 
     bears to
       ``(B) the total route miles serviced by all ferry systems.
       ``(e) Ferry Boat Coordination Team.--
       ``(1) Establishment.--The Secretary shall establish within 
     the Federal Highway Administration a Ferry Boat Coordination 
     Team to carry out paragraph (2).
       ``(2) Purposes.--The purposes of the ferry boat 
     coordination team shall be--
       ``(A) to coordinate Federal programs affecting ferry and 
     ferry facility construction, maintenance, operations, and 
     security; and
       ``(B) to promote transportation by ferry as a component of 
     the United States transportation system.
       ``(3) Functions.--The ferry boat coordination team shall--
       ``(A) coordinate programs relating to ferry transportation 
     carried out by--
       ``(i) the Department of Transportation, including programs 
     carried out by the Federal Highway Administration, the 
     Federal Transit Administration, the Maritime Administration, 
     and the Research and Innovative Technology Administration;
       ``(ii) the Department of Homeland Security; and
       ``(iii) other Federal and State agencies, as appropriate;
       ``(B) ensure resource accountability for programs carried 
     out by the Secretary relating to ferry transportation;
       ``(C) provide strategic leadership for research, 
     development, testing, and deployment of technologies relating 
     to ferry transportation; and
       ``(D) promote ferry transportation as a means to reduce 
     costs associated with traffic congestion.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $67,000,000 for 
     each of fiscal years 2012 and 2013.''.
       (b) National Ferry Database.--Section 1801(e) of the 
     SAFETEA LU (23 U.S.C. 129 note; Public Law 109 59) is 
     amended--
       (1) in paragraph (2), by inserting ``, including any 
     Federal, State, and local government funding sources,'' after 
     ``sources''; and
       (2) in paragraph (4)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) by redesignating subparagraph (C) as subparagraph (D);
       (C) by inserting after subparagraph (B), the following:
       ``(C) ensure that the database is consistent with the 
     national transit database maintained by the Federal Transit 
     Administration; and''; and
       (D) in subparagraph (D) (as redesignated by subparagraph 
     (B)), by striking ``2009'' and inserting ``2013''.
       Beginning on page 275, strike line 13 and all that follows 
     through page 276, line 6, and insert the following:
       ``(B) Population of fewer than 200,000.--
       ``(i) In general.--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.

       ``(ii) Justification.--The Secretary shall, in a timely 
     manner, provide a substantive written justification to each 
     metropolitan planning organization that is the subject of a 
     negative determination of the Secretary under clause (i)(II).
       On page 276, lines 7 and 8, strike ``the applicable 
     Governor, acting on behalf of''.
       On page 276, line 17, strike ``and''.
       On page 276, line 23, strike the period and insert ``; 
     and''.
       On page 276, between lines 23 and 24, insert the following:
       ``(iii) make a determination not later than 1 year after 
     the date on which the Secretary issues an extension, 
     regardless of whether the metropolitan planning organization 
     has met the minimum requirements established under subsection 
     (e)(4)(B)(ii).
       On page 286, line 23, strike ``ensure that'' and insert 
     ``be limited to ensuring that''.
       On page 287, lines 5 and 6, strike ``staff resources'' and 
     insert ``staffing capabilities''.
       On page 287, line 12, strike ``modeling'' and insert 
     ``travel demand model and forecasting''.
       On page 288, strike line 1 and insert the following:
       ``(iii) Limitation.--The rule issued pursuant to this 
     subparagraph shall only include the minimum requirements 
     established under clause (ii).
       ``(iv) Inclusion.--A metropolitan
       On page 336, strike lines 9 through 12, and insert the 
     following:
       ``(iv) a congestion mitigation and air quality performance 
     plan developed under section 149(k) by a tier I metropolitan 
     planning organization (as defined in section 134) 
     representing a nonattainment or maintenance area;
       ``(v) safety plans developed by providers of public 
     transportation; and
       ``(vi) the national freight strategic plan.
       On page 337, strike lines 7 though 15, and insert the 
     following:
       ``(A) In general.--Each State shall provide to--
       ``(i) nonmetropolitan local elected officials an 
     opportunity to participate in accordance with subparagraph 
     (B)(i); and
       ``(ii) 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 this paragraph, the State 
     shall--
       ``(i) develop and document a consultative process to carry 
     out subparagraph (A)(i) that is separate and discrete from 
     the public involvement process developed under clause (ii);
       On page 337, line 16, strike ``(i)'' and insert ``(ii)''.
       On page 338, line 1, strike ``(ii)'' and insert ``(iii)''.
       On page 338, line 8, strike ``(iii)'' and insert ``(iv)''.
       On page 338, line 12, strike ``(iv)'' and insert ``(v)''.
       On page 359, lines 18 and 19, strike ``applicable Federal 
     law'' and insert ``this section and applicable Federal law 
     (including rules and regulations)''.
       On page 359, line 20, insert ``not later than 180 days 
     after the date of enactment of the MAP-21 and'' after 
     ``certify,''.
       On page 359, line 21, insert ``thereafter'' after 
     ``years''.
       On page 387, strike lines 4 through 6 and insert the 
     following:
       ``(i) in subparagraph (B)--

       ``(I) in clause (i), by striking `but'; and
       ``(II) by striking clause (ii) and inserting the following:

       ``(ii) at the request of the State, the Secretary may also 
     assign to the State, and the State may assume, the 
     responsibilities of the Secretary with respect to 1 or more 
     railroad, public transportation, or multimodal projects 
     within the State under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.);
       ``(iii) in a State that has assumed the responsibilities of 
     the Secretary under clause (ii), a recipient of assistance 
     under chapter 53 of title 49 may request that the Secretary 
     maintain the responsibilities of the Secretary with respect 
     to 1 or more public transportation projects within the State 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 13 4321 et seq.); but
       ``(iv) the Secretary may not assign--
       Beginning on page 434, strike line 5 and all that follows 
     through page 436, line 20.
       Beginning on page 453, strike line 19 and all that follows 
     through page 455, line 24, and insert the following:
       On page 473, line 11, strike ``147,''.
       On page 473, line 17, strike ``147,''.
       On page 490, between lines 3 and 4, insert the following:

     SEC. 15__. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

       (a) Sense of the Senate.--It is the Sense of the Senate 
     that the timely completion of the Appalachian development 
     highway system is a transportation priority in the national 
     interest.

[[Page S1620]]

       (b) Modified Federal Share for Projects on Adhs.--For 
     fiscal years 2012 through 2021, the Federal share payable for 
     the cost of constructing highways and access roads on the 
     Appalachian development highway system under section 14501 of 
     title 40, United States Code, with funds made available to a 
     State for fiscal year 2012 or a previous fiscal year for the 
     Appalachian development highway system program, or with funds 
     made available for fiscal year 2012 or a previous fiscal year 
     for a specific project, route, or corridor on that system, 
     shall be 95 percent.
       (c) Federal Share for Other Funds Used on Adhs.--For fiscal 
     years 2012 through 2021, the Federal share payable for the 
     cost of constructing highways and access roads on the 
     Appalachian development highway system under section 14501 of 
     title 40, United States Code, with Federal funds apportioned 
     to a State for a program other than the Appalachian 
     development highway system program shall be 95 percent.
       (d) Completion Plan.--Not later than 1 year after the date 
     of enactment of the MAP-21, each State represented on the 
     Appalachian Regional Commission shall establish a plan for 
     the completion of the designated corridors of the Appalachian 
     development highway system within the State, including annual 
     performance targets, with a target completion date.

     SEC. 15__. DENALI COMMISSION.

       The Denali Commission Act of 1998 (42 U.S.C. 3121 note) is 
     amended--
       (1) in section 305, by striking subsection (c) and 
     inserting the following:
       ``(c) Gifts.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Commission, on behalf of the United States, may accept use, 
     and dispose of gifts or donations of services, property, or 
     money for purposes of carrying out this Act.
       ``(2) Conditional.--With respect to conditional gifts--
       ``(A)(i) the Commission, on behalf of the United States, 
     may accept conditional gifts for purposes of carrying out 
     this Act, if approved by the Federal Cochairperson; and
       ``(ii) the principal of and income from any such 
     conditional gift shall be held, invested, reinvested, and 
     used in accordance with the condition applicable to the gift; 
     but
       ``(B) no gift shall be accepted that is conditioned on any 
     expenditure not to be funded from the gift or from the income 
     generated by the gift unless the expenditure has been 
     approved by Act of Congress.''; and
       (2) by adding at the end the following:

     ``SEC. 311. TRANSFER OF FUNDS FROM OTHER FEDERAL AGENCIES.

       ``(a) In General.--Subject to subsection (c), for purposes 
     of this Act, the Commission may accept transfers of funds 
     from other Federal agencies.
       ``(b) Transfers.--Any Federal agency authorized to carry 
     out an activity that is within the authority of the 
     Commission may transfer to the Commission any appropriated 
     funds for the activity.
       ``(c) Treatment.--Any funds transferred to the Commission 
     under this subsection--
       ``(1) shall remain available until expended; and
       ``(2) may, to the extent necessary to carry out this Act, 
     be transferred to, and merged with, the amounts made 
     available by appropriations Acts for the Commission by the 
     Federal Cochairperson.''.

     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 the surface transportation 
     infrastructure of the United States.

     SEC. 15__. HARBOR MAINTENANCE TRUST FUND.

       (a) Findings.--Congress finds that--
       (1) there are 926 coastal, Great Lakes, and inland harbors 
     maintained by the Corps of Engineers;
       (2) according to the Bureau of Transportation Statistics--
       (A) in 2009, the ports and waterways of the United States 
     handled more than 2,200,000,000 short tons of imports, 
     exports, and domestic shipments; and
       (B) in 2010, United States ports were responsible for more 
     than $1,400,000,000,000 in waterborne imports and exports;
       (3) according to the Congressional Research Service, full 
     channel dimensions are, on average, available approximately 
     \1/3\ of the time at the 59 harbors of the United States with 
     the highest use rates;
       (4) insufficient maintenance dredging of the navigation 
     channels of the United States results in inefficient water 
     transportation and causes harmful economic consequences;
       (5) in 1986, Congress created the Harbor Maintenance Trust 
     Fund to provide funds for the operation and maintenance of 
     the navigation channels of the United States;
       (6) in fiscal year 2012, the Harbor Maintenance Trust Fund 
     is expected to grow from $6,280,000,000 to $7,011,000,000, an 
     increase of approximately 13 percent;
       (7) despite the growth of the Harbor Maintenance Trust 
     Fund, expenditures from the Fund have not equaled revenues, 
     and the Fund is not being fully used for the intended purpose 
     of the Fund; and
       (8) inadequate investment in dredging needs is restricting 
     access to the ports of the United States for domestic 
     shipping, imports, and exports and therefore threatening the 
     economic competitiveness of the United States.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Administration should request full use of the 
     Harbor Maintenance Trust Fund for operating and maintaining 
     the navigation channels of the United States;
       (2) the amounts in the Harbor Maintenance Trust Fund should 
     be fully expended to operate and maintain the navigation 
     channels of the United States; and
       (3) Congress should ensure that other programs, projects, 
     and activities of the Civil Works Program of the Corps of 
     Engineers, especially those programs, projects, and 
     activities relating to inland navigation and flood control, 
     are not adversely impacted.

     SEC. 15__. ENRICHMENT TECHNOLOGY AND INTELLECTUAL PROPERTY.

       (a) In addition to any other transfer authority, the 
     Secretary may transfer, not earlier than thirty days after 
     certification to the Committees on Appropriations of the 
     House of Representatives and the Senate that such transfer is 
     needed for national security reasons, and after Congressional 
     notification and approval of the Committees on Appropriations 
     of the House of Representatives and the Senate, up to 
     $150,000,000 made available in prior Appropriations Acts to 
     further the development and demonstration of national 
     security-related enrichment technologies. No amounts may be 
     transferred under this section from amounts that were 
     designated by the Congress as an emergency requirement 
     pursuant to the Concurrent Resolution on the Budget or the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.
       (b) The Secretary shall provide, directly or indirectly, 
     Federal funds, resources, or other benefit for the research, 
     development, or deployment of domestic enrichment technology 
     under this section--
       (1) using merit selection procedures; and
       (2) only if the Secretary shall execute an agreement with 
     the recipient (or any affiliate, successor, or assignee) of 
     such funds, resources, or other benefit (hereinafter referred 
     to as the ``recipient''), which shall require, at a minimum--
       (A) the achievement of specific technical criteria by the 
     recipient by specific dates no later than June 30, 2014;
       (B) that the recipient shall--
       (i) immediately upon execution of the agreement, grant to 
     the United States for use by or on behalf of the United 
     States, through the Secretary, a royalty-free, non-exclusive 
     license in all enrichment-related intellectual property and 
     associated technical data owned, licensed or otherwise 
     controlled by the recipient as of the date of enactment of 
     this Act, or thereafter developed or acquired to meet the 
     requirements of the agreement;
       (ii) amend any existing agreement between the Secretary and 
     the recipient to permit the Secretary to practice or permit 
     third parties on behalf of the Secretary to practice 
     intellectual property and associated technical data related 
     to the award of funds, resources, or other benefit royalty-
     free for government purposes, including completing or 
     operating enrichment technologies and using them for national 
     defense purposes, such as providing nuclear material to 
     operate commercial nuclear power reactors for tritium 
     production; and
       (iii) as soon as practicable, deliver to the Secretary all 
     technical information and other documentation in its 
     possession or control necessary to permit the Secretary to 
     use and practice all intellectual property related to 
     domestic enrichment technologies; and
       (C) any other condition or restriction the Secretary 
     determines is necessary to protect the interests of the 
     United States.
       (c) If the Secretary determines that a recipient has not 
     achieved the technical criteria under the agreement pursuant 
     to subsection (b), either by the dates specified in the 
     original agreement or by June 30, 2014, whichever is earlier, 
     the recipient shall, as soon as practicable, surrender 
     custody, possession and control, or return, as appropriate, 
     any real or personal property owned or leased by the 
     recipient, to the Secretary in connection with the deployment 
     of enrichment technology, along with all capital 
     improvements, equipment, fixtures, appurtenances, and other 
     improvements thereto, and any further obligation by the 
     Secretary under any such lease shall terminate.
       (d)(1) The limitations in this section shall apply to funds 
     made available in this Act, prior Appropriations Acts, and 
     any future Appropriations Acts.
       (2) This section shall not apply with regard to the 
     issuance of any loan guarantee pursuant to section 1703 of 
     the Energy Policy Act of 2005 (42 U.S.C. 16513).
       (e) For purpose of this section, the term ``Secretary'' 
     shall mean the Secretary of the Department of Energy.
       Beginning on page 490, strike line 4 and all that follows 
     through page 609, line 17, and insert the following:

          TITLE II--AMERICA FAST FORWARD FINANCING INNOVATION

     SEC. 2001. SHORT TITLE.

       On page 645, strike lines 1 through 3 and insert the 
     following:

                  TITLE III--HIGHWAY SPENDING CONTROLS

     SEC. 3001. HIGHWAY SPENDING CONTROLS.

       On page 669, line 17, strike ``as of'' and insert ``on''.
       On page 671, strike lines 1 through 6 and insert the 
     following:
       ``(B) Inclusions.--The term `nonmetropolitan area' 
     includes--

[[Page S1621]]

       ``(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.
       On page 672, strike lines 4 through 20 and insert the 
     following:
       ``(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 metropolitan areas, with an emphasis on addressing 
     the needs of rural areas of a State;
       ``(B) is not designated as a tier I MPO, a tier II MPO, or 
     a nonmetropolitan planning organization.
       On page 676, strike line 4 and all that follows through 
     page 677, line 14, and insert the following:
       ``(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).
       ``(B) Population of fewer than 200,000.--
       ``(i) In general.--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)(aa) 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; and
       ``(bb) the Secretary approves the Governor's determination.

       ``(ii) Written justification.--The Secretary shall in a 
     timely manner provide a substantive written justification to 
     each metropolitan planning organization that is the subject 
     of a negative determination of the Secretary under clause 
     (i)(II).
       ``(C) Extension.--If 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;
       ``(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); and
       ``(iii) make a determination 1 year after the date on which 
     the Secretary issues an extension, whether the MPO has meet 
     the minimum requirements established under subsection 
     (e)(4)(B)(i).
       ``(D) 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.
       On page 678, line 10, strike ``(7)'' and insert the 
     following:
       ``(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)(i)(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 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 Federal Public Transportation Act of 2012; and

       ``(ii) be treated by the State as a nonmetropolitan area 
     for purposes of this chapter.
       ``(8)
       On page 681, line 5, strike ``subsection (c)(7)'' and 
     insert ``paragraph (1)''.
       On page 686, line 1, strike ``ensure'' and insert ``be 
     limited to ensuring''.
       On page 686, lines 8 and 9, strike ``staff resources'' and 
     insert ``staffing capabilities''.
       On page 686, line 15, strike ``modeling'' and insert 
     ``travel demand model and forecasting''.
       On page 687, line 4, strike ``(iii)'' and insert the 
     following:
       ``(iii) Limitation.--The rule issued pursuant to this 
     subparagraph shall only include the minimum requirements 
     established in clause (ii).
       ``(iv)
       On page 693, line 5, insert after ``competitiveness,'' the 
     following: ``travel and tourism (where applicable),''.
       On page 695, line 15, strike ``or adopt''.
       On page 696, strike lines 10 through 19 and insert the 
     following:
       (iii) the State strategic highway safety plan;
       (iv) a congestion mitigation and air quality performance 
     plan developed under section 149(k) of title 23 by a tier I 
     MPO representing a nonattainment or maintenance area;
       (v) safety plans developed by providers of public 
     transportation; and
       (vi) the national freight strategic plan.
       On page 697, line 18, insert after ``parties'' the 
     following: ``(including State representatives of nonmotorized 
     users)''.
       On page 698, line 2, strike ``all interested parties'' and 
     insert ``interested parties and local officials''.
       On page 698, lines 3 and 4, strike ``all interested 
     parties'' and insert ``interested parties and local 
     officials''.
       On page 698, line 14, insert after ``parties'' the 
     following: ``(including State representatives of nonmotorized 
     users)''.
       On page 706, line 2, strike ``targets'' and insert 
     ``measures''.
       On page 706, line 5, strike ``targets'' and insert 
     ``measures''.
       On page 706, strike lines 7 through 11 and insert the 
     following:
       ``(v) shall be revenue constrained based on the total 
     revenues expected to be available over the forecast period of 
     the plan; and
       On page 706, line 16, strike ``targets'' and insert 
     ``measures''.
       On page 707, line 6, strike ``of--'' and insert ``of the 
     following:''.
       On page 707, line 7, strike ``the projected'' and insert 
     ``Projected''.
       On page 707, line 17, strike the semicolon and insert a 
     period.
       On page 707, line 18, strike ``the'' and insert ``The''.
       On page 707, line 22, strike the semicolon and insert a 
     period.
       On page 707, line 23, strike ``estimates'' and insert 
     ``Estimates''.
       On page 708, line 4, strike ``; and'' and insert a period.
       On page 708, line 5, strike ``each'' and insert ``Each''.
       On page 712, line 8, strike ``performance''.
       On page 713, line 10, strike ``of--'' and insert ``of the 
     following:''.
       On page 713, line 11, strike ``the projected'' and insert 
     ``Projected''.
       On page 713, line 21, strike the semicolon and insert a 
     period.
       On page 713, line 22, strike ``the'' and insert ``The''.
       On page 714, line 2, strike the semicolon and insert a 
     period.
       On page 714, line 3, strike ``estimates'' and insert 
     ``Estimates''.
       On page 714, lines 9 and 10, strike ``; and'' and insert a 
     period.
       On page 714, line 11, strike ``each'' and insert ``Each''.
       On page 723, line 17, strike ``(d)'' and insert ``(c)''.
       On page 728, line 17, strike ``coordinate'' and insert 
     ``consult''.
       On page 730, line 12, strike ``coordinate'' and insert 
     ``consult on''.
       On page 734, line 6, insert after ``competitiveness,'' the 
     following: ``travel and tourism (where applicable),''.
       On page 738, strike line 6 and all that follows through 
     page 739, line 19, and insert the following:
       ``(4) Participation by interested parties.--
       ``(A) In general.--Each State shall provide to--
       ``(i) nonmetropolitan local elected officials an 
     opportunity to participate in accordance with subparagraph 
     (B)(i); and
       ``(ii) 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 this paragraph, the State 
     shall--
       ``(i) develop and document a consultative process to carry 
     out subparagraph (A)(i) that is separate and discrete from 
     the public involvement process developed under clause (ii);
       ``(ii) 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;
       ``(iii) 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.);

       ``(iv) employ visualization techniques to describe 
     statewide transportation plans and statewide transportation 
     improvement programs; and
       ``(v) 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).

[[Page S1622]]

       On page 741, line 1, strike ``coordination'' and insert 
     ``consultation''.
       On page 748, line 19, strike ``of--'' and insert ``of the 
     following:''.
       On page 748, line 20, strike ``the projected'' and insert 
     ``Projected''.
       On page 749, line 6, strike the semicolon and insert a 
     period.
       On page 749, line 7, strike ``the'' and insert ``The''.
       On page 749, line 11, strike the semicolon and insert a 
     period.
       On page 749, line 12, strike ``estimates'' and insert 
     ``Estimates''.
       On page 749, line 19, strike the semicolon and insert a 
     period.
       On page 749, line 20, strike ``each'' and insert ``Each''.
       On page 749, line 24, strike ``; and'' and insert a period.
       On page 750, strike lines 1 through 7 and insert the 
     following:
       (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.
       On page 751, between lines 4 and 5, insert the following:
       ``(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 Federal Public Transportation 
     Act of 2012, a statewide transportation plan that follows a 
     policy plan approach--
       ``(A) may, for 4 years after the date of enactment of the 
     Federal Public Transportation Act of 2012, 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 Federal Public Transportation 
     Act of 2012).
       On page 751, line 8, strike ``cooperation'' and insert 
     ``consultation''.
       On page 752, line 3, insert after ``parties'' the 
     following: ``(including State representatives of nonmotorized 
     users)''.
       On page 755, line 12, strike ``of--'' and insert ``of the 
     following:''.
       On page 755, line 13, strike ``the projected'' and insert 
     ``Projected''.
       On page 755, line 23, strike the semicolon and insert a 
     period.
       On page 755, line 24, strike ``the'' and insert ``The''.
       On page 756, line 3, strike the semicolon and insert a 
     period.
       On page 756, line 4, strike ``estimates'' and insert 
     ``Estimates''.
       On page 756, line 11, strike ``; and'' and insert a period.
       On page 756, line 12, strike ``each'' and insert ``Each''.
       On page 758, line 20, strike ``by the State),'' and insert 
     ``on the National Highway System) by the State,''.
       On page 759, line 17, strike ``Approval'' and insert 
     ``Notwithstanding any other provision of law, approval''.
       On page 759, strike line 23 and all that follows through 
     page 760, line 7, and insert the following:
       ``(1) In general.--The Secretary shall--
       ``(A) ensure that the statewide transportation planning 
     process of a State is being carried out in accordance with 
     this section and applicable Federal law (including rules and 
     regulations); and
       ``(B) subject to paragraph (2), certify, not later than 180 
     days after the date of enactment of the Federal Public 
     Transportation Act of 2012 and not less frequently than once 
     every 5 years thereafter, that the requirements of 
     subparagraph (A) are met with respect to the statewide 
     transportation planning process.
       On page 774, line 3, strike ``50 percent'' and insert ``75 
     percent''.
       On page 774, line 10, strike ``25 percent'' and insert ``50 
     percent''.
       On page 792, strike line 20 and all that follows through 
     page 793, line 2, and insert the following:
       ``(2) Clean fuel vehicle.--The term `clean fuel vehicle' 
     means--
       ``(A) 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; or
       ``(B) a zero emission bus used to provide public 
     transportation.
       On page 794, between lines 13 and 14, insert the following:
       ``(7) Zero emission bus.--The term `zero emission bus' 
     means a clean fuel vehicle that produces no carbon or 
     particulate matter.
       On page 794, between lines 22 and 23, insert the following:
       ``(3) Combination of funding sources.--
       ``(A) Combination permitted.--A project carried out under 
     this section may receive funding under section 5307, or any 
     other provision of law.
       ``(B) Government share.--Nothing in this paragraph may be 
     construed to alter the Government share required under this 
     section, section 5307, or any other provision of law.
       On page 795, line 10, strike ``(f)'' and insert the 
     following:
       ``(f) Priority Consideration.--In making grants under this 
     section, the Secretary shall give priority to projects 
     relating to clean fuel buses that make greater reductions in 
     energy consumption and harmful emissions, including direct 
     carbon emissions, than comparable standard buses or other 
     clean fuel buses.
       ``(g)
       On page 796, strike lines 7 through 9 and insert the 
     following:
       ``(A) if--
       ``(i) a majority of the project operates in a separated 
     right-of-way dedicated for public transportation use during 
     peak periods; or
       ``(ii) a substantial portion of the project operates in a 
     separated right-of-way that is semi-dedicated for public 
     transportation use during peak periods and includes other 
     physical elements that reduce public transportation vehicle 
     travel time and increase service reliability;
       On page 853, line 11, strike ``Section'' and insert the 
     following:
       (a) In General.--Section
       On page 872, between lines 2 and 3, insert the following:
       (b) Pilot Program for Intercity Bus Service.--
       (1) Definitions.--In this subsection, the following 
     definitions shall apply:
       (A) Eligible project.--The term ``eligible project'' means 
     an intercity bus project eligible under section 5311(f) of 
     title 49, United States Code, as amended by this section, 
     that includes both feeder service and an unsubsidized segment 
     of the intercity bus network to which it connects.
       (B) Feeder service.--The term ``feeder service'' means the 
     provision of intercity connections to allow for the 
     coordination of rural connections between small public 
     transportation systems and providers of intercity bus 
     service.
       (C) Intercity bus service.--The term ``intercity bus 
     service'' means regularly scheduled bus service provided by 
     private operators for the general public that operates with 
     limited stops over fixed routes connecting two or more urban 
     areas not in close proximity, that has the capacity for 
     transporting baggage carried by passengers, and that makes 
     meaningful connections with scheduled intercity bus service 
     to more distant points, if such service is available.
       (D) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (2) In-kind match.--The Secretary shall establish a pilot 
     program under which the Secretary may allow not more than 20 
     States using funding provided to carry out section 5311(f) of 
     title 49, United States Code, as amended by this section, to 
     support intercity bus service using the capital costs of 
     unsubsidized service provided by a private operator as in-
     kind match for an eligible project.
       (3) Study.--The Comptroller General of the United States 
     shall conduct a study not later than 1 year after the date of 
     enactment of this Act to determine the efficacy of the pilot 
     program in improving and expanding intercity bus service and 
     the effect of the pilot program on public transportation 
     providers and the commuting public.
       On page 904, line 10, strike ``(1)'' and insert the 
     following:
       (1) in subsection (e), by striking paragraph (1) and 
     inserting the following:
       ``(1) Contracts.--A recipient procuring rolling stock with 
     Government financial assistance under this chapter may make a 
     multiyear contract to buy the rolling stock and replacement 
     parts under which the recipient has an option to buy 
     additional rolling stock or replacement parts for--
       ``(A) not more than 5 years after the date of the original 
     contract for bus procurements; and
       ``(B) not more than 7 years after the date of the original 
     contract for rail procurements, provided that such option 
     does not allow for significant changes or alterations to the 
     rolling stock.''.
       (2)
       On page 904, line 13, strike ``(2)'' and insert ``(3)''.
       On page 904, line 17, strike ``(3)'' and insert ``(4)''.
       On page 959, line 25, strike ``the term `fixed guideway 
     motorbus' '' and insert ``the term `high intensity motorbus' 
     ''.
       On page 960, line 17, strike ``fixed guideway'' and insert 
     ``high intensity''.
       On page 960, line 20, strike ``fixed guideway'' and insert 
     ``high intensity''.
       On page 961, line 1, strike ``fixed guideway'' and insert 
     ``high intensity''.
       On page 961, line 4, strike ``fixed guideway'' and insert 
     ``high intensity''.
       On page 961, line 7, strike ``fixed guideway'' and insert 
     ``high intensity''.
       On page 962, lines 5 and 6, strike ``fixed guideway'' and 
     insert ``high intensity''.
       On page 962, lines 6 and 7, strike ``fixed guideway'' and 
     insert ``high intensity''.
       On page 962, line 9, strike ``fixed guideway'' and insert 
     ``high intensity''.
       On page 962, line 12, strike the quotation marks and the 
     second period and insert the following:
       ``(f) Bus and Bus Facilities State of Good Repair Grant 
     Program.--
       ``(1) In general.--The Secretary may make grants under this 
     subsection to assist State and local governmental authorities 
     in financing bus and bus facility 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 capital projects on a 
     competitive basis.
       ``(3) Distribution.--The Secretary shall ensure that not 
     less than 40 percent of the

[[Page S1623]]

     funds allocated on a competitive basis are distributed to 
     rural areas.
       ``(4) Priority consideration.--In making grants under this 
     subsection, the Secretary shall give priority to recipients 
     providing bus-only or high-intensity motorbus service (as 
     defined in subsection (e)(1)) in a State whose recipients' 
     total apportionment from section 5338(a) in fiscal year 2012 
     minus the recipients' total apportionment from section 
     5338(a) in fiscal year 2011 does not exceed 90 percent of the 
     average annual amount the recipients in the State received 
     under section 5309(m)(2)(c), as in effect on October 1, 2011, 
     in fiscal years 2006 through 2011.''.
       On page 965, line 20, insert after ``2013'' the following: 
     ``, of which not less than $75,000,000 shall be available to 
     carry out section 5337(f)''.
       On page 973, strike line 15 and all that follows through 
     ``5307.'' on line 21 and insert the following: ``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.''
       On page 975, beginning on line 10, strike ``5325 of title 
     49'' and all that follows through ``subsection (b)(2)(A),'' 
     on line 12 and insert the following: ``5325(b)(2)(A) of title 
     49, United States Code, is amended''.
       On page 975, line 16, strike ``; and'' and insert a period.
       On page 975, strike lines 17 through 19.
       On page 983, line 3, strike ``a''.
       On page 983, line 5, strike ``Subtitle'' and insert 
     ``Title''.
       Beginning on page 1048, strike line 9 and all that follows 
     through page 1050, line 12.
       On page 1054, line 13, insert ``Motor Vehicle and Highway 
     Safety Improvement Act of 2012'' before the em dash.
       On page 1056, line 24, insert ``Motor Vehicle and Highway 
     Safety Improvement Act of 2012'' before the em dash.
       On page 1065, line 8, insert ``Motor Vehicle and Highway 
     Safety Improvement Act of 2012'' before the comma.
       On page 1078, line 11, after ``enactment of the'' insert 
     ``Motor Vehicle and Highway Safety Improvement Act of 2012''.
       On page 1085, strike lines 11 and 12, and insert the 
     following:

     ``Sec.  30120A. Recall obligations and bankruptcy of a 
       manufacturer

       On page 1137, between lines 16 and 17, insert the 
     following:

     SEC. 32208. 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.
       On page 1143, strike lines 24 and 25 and insert the 
     following:
       (A) by amending subparagraph (E) to read as follows:
       ``(E) require medical examiners to transmit electronically, 
     on at least a monthly basis, the name of the applicant, a 
     numerical identifier, and additional information contained on 
     the medical examiner's certificate for any completed medical 
     examination report required under section 391.43 of title 49, 
     Code of Federal Regulations, to the chief medical 
     examiner;'';
       On page 1146, strike lines 1 and 2 and insert the 
     following: ``Code--
       (A) up to $1,000,000 for fiscal year 2012; and
       (B) up to $1,000,000 for fiscal year 2013.
       On page 1158, line 10, strike ``deleting'' and insert 
     ``striking''.
       On page 1158, line 14, strike ``deleting'' and insert 
     ``striking''.
       On page 1198, between lines 2 and 3, insert the following:

     SEC. 32514. GRADE CROSSING SAFETY REGULATIONS.

       Section 112(2) of the Hazardous Materials Transportation 
     Authorization Act of 1994 (Public Law 103 311) is amended by 
     striking ``315 of such title (relating to motor carrier 
     safety)'' and inserting ``311 of such title (relating to 
     commercial motor vehicle safety)''.
       On page 1219, line 15, strike the end quote and period at 
     the end and insert the following:
       ``(j) Payment to Recipients of Financial Assistance for 
     Costs.--Each grantee shall submit vouchers to the Secretary 
     for costs the grantee has incurred under sections 31102, 
     31109, and 31313. The Secretary shall pay the grantee an 
     amount equal to not more than the Government share of costs 
     incurred as of the date on which the vouchers are 
     submitted.''.
       On page 1247, in the undesignated matter between lines 18 
     and 19, strike ``Sec.''.
       On page 1314, after the matter following line 18, insert 
     the following:

     SEC. 33007. MAKE IT IN AMERICA INITIATIVE.

       (a) Memorandum of Agreement.--The term ``Memorandum of 
     Agreement'' means the August 2011 Memorandum of Agreement 
     between the Department of Transportation and the Department 
     of Commerce entitled ``Development of a Domestic Supply Base 
     for Intermodal Transportation in the U.S.''.
       (b) Sense of Congress.--It is the sense of Congress that 
     collaboration between the Department of Transportation and 
     the Department of Commerce can significantly improve the 
     scope and depth of the domestic supply base for 
     transportation infrastructure, particularly for small 
     businesses in the United States.
       (c) Implementation.--
       (1) In general.--The Secretary of Transportation and the 
     Secretary of Commerce shall prioritize the implementation of 
     the Memorandum of Agreement.
       (2) Savings provision.--The requirement under paragraph (1) 
     may not be construed to require the expenditure of additional 
     funds.

     SEC. 33008. CAPACITY-BUILDING FOR NATURAL DISASTERS AND 
                   EXTREME WEATHER.

       (a) Definitions.--In this section, the following 
     definitions apply:
       (1) Extreme weather.--The term ``extreme weather'' includes 
     severe or unseasonable weather, heavy precipitation, a storm 
     surge, flooding, drought, windstorms (including hurricanes, 
     tornadoes, and associated storm surges), extreme heat, and 
     extreme cold.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation, in consultation with--
       (A) the Director of the National Institute of Standards and 
     Technology;
       (B) the Administrator of the Federal Emergency Management 
     Agency; and
       (C) as appropriate--
       (i) the Administrator of the National Oceanic and 
     Atmospheric Administration;
       (ii) the Director of the United States Geological Survey;
       (iii) the Administrator of the National Aeronautics and 
     Space Administration;
       (iv) the Administrator of the Environmental Protection 
     Agency; and
       (v) the heads of other Federal agencies.
       (b) Data.--The Secretary shall determine and provide to 
     transportation planners appropriate data on the impact on 
     infrastructure of natural disasters and a higher frequency of 
     extreme weather.
       (c) Transportation Infrastructure.--
       (1) In general.--The Secretary shall issue guidance and 
     establish design standards for transportation infrastructure 
     to help States, metropolitan planning organizations, and 
     local governments plan for natural disasters and a greater 
     frequency of extreme weather events in the process of 
     planning, siting, designing, and developing transportation 
     infrastructure by assessing vulnerabilities to a changing 
     climate and the costs and benefits of adaptation measures 
     (including economic, social, and environmental costs and 
     benefits).
       (2) Coordination.--If appropriate, guidance and design 
     standards under paragraph (1) shall, to the maximum extent 
     practicable, be carried out through the coordination 
     mechanism provided under--
       (A) the National Windstorm Impact Reduction Program 
     established under section 204 of the National Windstorm 
     Impact Reduction Act of 2004 (42 U.S.C. 15703); and
       (B) the National Earthquake Hazard Reduction Program 
     established under section 5 of the Earthquake Hazards 
     Reduction Act of 1977 (42 U.S.C. 7704).

     SEC. 33009. TOLL FAIRNESS STUDY.

       (a) Review.--As soon as practicable after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a review of toll rate setting practices 
     by selected interstate tolling authorities--
       (1) over any bridge constructed under the Act of March 23, 
     1906 (33 U.S.C. 491 et seq.) (commonly known as the Bridge 
     Act of 1906), the General Bridge Act of 1946 (33 U.S.C. 525 
     et seq.), or the International Bridge Act of 1972 (33 U.S.C. 
     535 et seq.); and
       (2) over or through any bridge or tunnel constructed on a 
     Federal-aid highway (as defined in section 101(a) of title 
     23, United States Code).
       (b) Evaluation.--The review under subsection (a) shall 
     include an evaluation of--

[[Page S1624]]

       (1) the extent to which the use of tolling revenue by 
     interstate authorities is consistent with their mandates; and
       (2) the transparency and accountability of the funding and 
     management decisions by those authorities.
       (c) Report to Congress.--The Comptroller General of the 
     United States 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 results of the review conducted under this section; 
     and
       (2) any appropriate recommendations.
       On page 1378, line 9, strike ``section 35009'' and insert 
     ``section 51001''.
       Beginning on page 1379, line 17, redesignate title VI as 
     title V and redesignate sections 36001 through 36601 as 
     sections 35001 through 35601, respectively.
       On page 1380, line 25, insert ``National Rail System 
     Preservation, Expansion, and Development Act of 2012'' before 
     the em dash.
       On page 1393, line 2, insert ``National Rail System 
     Preservation, Expansion, and Development Act of 2012'' before 
     the semicolon.
       On page 1393, line 5, insert ``the National Rail System 
     Preservation, Expansion, and Development Act of 2012'' before 
     the period.
       On page 1393, line 9, insert ``National Rail System 
     Preservation, Expansion, and Development Act of 2012'' before 
     the period.
       On page 1405, line 18, insert ``National Rail System 
     Preservation, Expansion, and Development Act of 2012'' before 
     the comma.
       On page 1411, line 21, insert ``National Rail System 
     Preservation, Expansion, and Development Act of 2012'' before 
     the comma.
       On page 1438, line 15, insert ``National Rail System 
     Preservation, Expansion, and Development Act of 2012'' before 
     the comma.
       Beginning on page 1445, strike line 16 and all that follows 
     through page 1446, line 3 and insert the following:
       ``(b) Authority.--
       ``(1) In general.--The Inspector General of Amtrak shall 
     have the authority available to other Inspectors General, as 
     necessary in carrying out the duties specified in the 
     Inspector General Act 1978 (5 U.S.C. App. 3), to investigate 
     any alleged violation of sections 286, 287, 371, 641, 1001, 
     1002 and 1516 of title 18.
       ``(2) Agency.--Solely for purposes of sections 286, 287, 
     371, 641, 1001, 1002, and 1516 of title 18, Amtrak and the 
     Amtrak Office of the Inspector General, shall be considered a 
     corporation in which the United States has a proprietary 
     interest as set forth in section 6 of such title.
       ``(c) False Claims.--Claims made or presented to Amtrak 
     shall be considered as claims under section 3729(b)(2)(A)(ii) 
     of title 31. Statements made or presented to Amtrak shall be 
     considered as statements under subparagraphs (B) and (G) of 
     section 3729(a)(1) of such title.
       ``(d) Limitation.--Subsections (b) and (c) shall be 
     effective only with respect to a fiscal year for which Amtrak 
     receives a Federal subsidy.
       ``(e) Qualified Immunity.--
       ``(1) In general.--An employee of the Amtrak Office of 
     Inspector General shall enjoy the same personal qualified 
     immunity from lawsuit or liability as the employees of the 
     Department of Transportation Office of Inspector General with 
     respect to the performance of investigative, audit, 
     inspection, or evaluation functions authorized under the 
     Inspector General Act of 1978 (5 U.S.C. App.) that are 
     carried out for the Amtrak Office of Inspector General.
       ``(2) Federal government liability.--No liability of any 
     kind shall attach to or rest upon the United States for any 
     damages from or by any actions of the Amtrak Office of 
     Inspector General, its employees, agents, or representatives.
       ``(f) Services.--Amtrak and the Inspector General of Amtrak 
     may obtain services under sections 502(a) and 602 of title 
     40, including travel programs, from the Administrator of 
     General Services. The Administrator of General Services shall 
     provide services under sections 502(a) and 602 of title 40, 
     to Amtrak and the Inspector General.''.
       Beginning on page 1451, strike line 7 and all that follows 
     through page 1452, line 5, and insert the following:
       (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, if 
     the Secretary--
       ``(A) determines that--
       ``(i) full implementation will likely be infeasible due to 
     circumstances beyond the control of the applicant, including 
     funding availability, spectrum acquisition, resource and 
     technology availability, and interoperability standards;
       ``(ii) the applicant has demonstrated good faith in its 
     positive train control implementation;
       ``(iii) the applicant has presented a revised positive 
     train control implementation plan indicating how it will 
     fully implement positive train control as soon as feasible, 
     and not later than December 31, 2018; and
       ``(iv) such extension will not extend beyond December 31, 
     2018; and
       ``(B) takes into consideration--
       ``(i) whether the affected areas of track have been 
     identified as areas of greater risk to the public and 
     railroad employees in the applicant's positive train control 
     implementation plan under section 236.1011(a)(4) of title 49, 
     Code of Federal Regulations; and
       ``(ii) the risk of operational failure to the affected 
     service areas and the applicant.
       ``(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.''.
       On page 1477, lines 1 through 21, redesignate title VII as 
     title VI and redesignate sections 37001 and 37002 as sections 
     36001 and 36002, respectively.
       On page 1477, between lines 21 and 22, insert the 
     following:

                        TITLE VII--MISCELLANEOUS

     SEC. 37001. AIRCRAFT NOISE ABATEMENT.

       (a) In General.--Section 3(b)(2) of Public Law 100 91 (16 
     U.S.C. 1a 1 note) is amended by adding at the end the 
     following: ``The plan shall not apply to or otherwise affect 
     the regulation of flights over the Grand Canyon at altitudes 
     above the Special Flight Rules Area for the Grand Canyon in 
     effect as of the date of the enactment of the MAP 21, or as 
     subsequently modified by mutual agreement of the Secretary 
     and the Administrator.''.
       (b) Savings Provisions.--
       (1) Jurisdiction of national airspace.--None of the 
     recommendations required under section 3(b)(1) of Public Law 
     100 91 (16 U.S.C. 1a 1 note), including recommendations to 
     raise the flight-free zone altitude ceilings, shall adversely 
     affect the national airspace system, as determined by the 
     Administrator of the Federal Aviation Administration. If the 
     Administrator determines that implementing the 
     recommendations would adversely affect the national airspace 
     system, the Administrator shall consult with the Secretary of 
     the Interior to eliminate the adverse effects.
       (2) Effect of nepa determinations.--None of the 
     environmental thresholds, analyses, impact determinations, or 
     conditions prepared or used by the Secretary to develop 
     recommendations regarding the substantial restoration of 
     natural quiet and experience for the Grand Canyon National 
     Park required under section 3(b)(1) of Public Law 100 91 
     shall have broader application or be given deference with 
     respect to the Administrator's compliance with the National 
     Environmental Policy Act for proposed aviation actions and 
     decisions. Nothing in this section may be construed to limit 
     the ability of the National Park Service to use its own 
     methods of analysis and impact determinations for air tour 
     management planning within its purview under the National 
     Parks Air Tour Management Act of 2000 (title VIII of Public 
     Law 106 181).
       (c) Conversion to Quiet Technology Aircraft.--
       (1) In general.--Not later than 15 years after the date of 
     the enactment of this Act, all commercial air tour aircraft 
     operating in the Grand Canyon National Park Special Flight 
     Rules Area shall be required to fully convert to quiet 
     aircraft technology (as determined in accordance with 
     regulations in effect on the day before the date of the 
     enactment of this Act).
       (2) Conversion incentives.--Not later than 60 days after 
     the date of the enactment of this Act, the Secretary and the 
     Administrator of the Federal Aviation Administration shall 
     provide incentives for commercial air tour operators that 
     convert to quiet aircraft technology (as determined in 
     accordance with the regulations in effect on the day before 
     the date of the enactment of this Act) before the date 
     specified in paragraph (1), such as increasing the flight 
     allocations for such operators on a net basis consistent with 
     section 804(c) of the National Park Air Tours Management Act 
     of 2000 (title VIII of Public Law 106 181), provided that the 
     cumulative impact of such operations does not increase noise 
     at Grand Canyon National Park.
       In division D, strike section 40201 and insert the 
     following:

     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'' each place it appears in 
     clauses (i), (ii), and (iii) and inserting ``2009, 2010, or 
     the period beginning after June 30, 2012, and before July 1, 
     2013'', and
       (2) by striking ``2009 and 2010'' in the heading and 
     inserting ``2009, 2010, 2012, and 2013''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after June 30, 2012.
       In division D, strike section 40312 and insert the 
     following:

     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.--

       ``(I) In general.--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 the 
     applicable minimum percentage, or more than the applicable 
     maximum percentage, of the average of the segment rates 
     described in

[[Page S1625]]

     such clause for years in the 25-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 the applicable minimum percentage or the 
     applicable maximum percentage of such average, whichever is 
     closest. The Secretary shall determine such average on an 
     annual basis and may prescribe equivalent rates for years in 
     any such 25-year period for which the rates described in any 
     such clause are not available.
       ``(II) Applicable minimum percentage; applicable maximum 
     percentage.--For purposes of subclause (I), the applicable 
     minimum percentage and the applicable maximum percentage for 
     a plan year beginning in a calendar year shall be determined 
     in accordance with the following table:


------------------------------------------------------------------------
                                                    The          The
                                                 applicable   applicable
          ``If the calendar  year is:             minimum      maximum
                                                 percentage   percentage
                                                    is:          is:
------------------------------------------------------------------------
2012..........................................          90%         110%
2013..........................................          85%         115%
2014..........................................          80%         120%
2015..........................................          75%         125%
After 2015....................................          70%     130%.''.
------------------------------------------------------------------------

       (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.--

       ``(I) In general.--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 the 
     applicable minimum percentage, or more than the applicable 
     maximum percentage, of the average of the segment rates 
     described in such clause for years in the 25-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 the applicable minimum percentage or 
     the applicable maximum percentage of such average, whichever 
     is closest. The Secretary of the Treasury shall determine 
     such average on an annual basis and may prescribe equivalent 
     rates for years in any such 25-year period for which the 
     rates described in any such clause are not available.
       ``(II) Applicable minimum percentage; applicable maximum 
     percentage.--For purposes of subclause (I), the applicable 
     minimum percentage and the applicable maximum percentage for 
     a plan year beginning in a calendar year shall be determined 
     in accordance with the following table:


------------------------------------------------------------------------
                                                    The          The
                                                 applicable   applicable
          ``If the calendar  year is:             minimum      maximum
                                                 percentage   percentage
                                                    is:          is:
------------------------------------------------------------------------
2012..........................................          90%         110%
2013..........................................          85%         115%
2014..........................................          80%         120%
2015..........................................          75%         125%
After 2015....................................          70%     130%.''.
------------------------------------------------------------------------

       (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.--
       (1) In general.--The amendments made by this section shall 
     apply with respect to plan years beginning after December 31, 
     2011.
       (2) Exception.--A plan sponsor may elect not to have the 
     amendments made by this section apply to any plan year 
     beginning on or before the date of the enactment of this Act 
     solely for purposes of determining the adjusted funding 
     target attainment percentage under sections 436 of the 
     Internal Revenue Code of 1986 and 206(g) of the Employee 
     Retirement Income Security Act of 1974 for such plan year. A 
     plan shall not be treated as failing to meet the requirements 
     of sections 411(d)(6) of such Code and 204(g) of such Act 
     solely by reason of an election under this paragraph.

     SEC. 40313. ADDITIONAL TRANSFERS 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 appropriations to trust fund.--Out of 
     money in the Treasury not otherwise appropriated, there is 
     hereby appropriated to the Highway Trust Fund--
       ``(A) for fiscal year 2012, $2,183,000,000,
       ``(B) for fiscal year 2013, $2,277,000,000, and
       ``(C) for fiscal year 2014, $510,000,000.''.

     SEC. 40314. TRANSFERS TO FEDERAL OLD-AGE AND SURVIVORS 
                   INSURANCE TRUST FUND AND FEDERAL DISABILITY 
                   INSURANCE TRUST FUND.

       Out of money in the Treasury not otherwise appropriated, 
     there is hereby appropriated--
       (1) for fiscal year 2012, $27,000,000, and
       (2) for fiscal year 2014, $82,000,000,
     to the Federal Old-Age and Survivors Trust Fund and the 
     Federal Disability Insurance Trust Fund established under 
     section 201 of the Social Security Act (42 U.S.C. 401). The 
     Secretary of the Treasury shall allocate such amounts between 
     such Trust Funds in the ratio in which amounts are 
     appropriated to such Trust Funds under clause (3) of section 
     201(a) and clause (1) of section 201(b) of such Act.

       On page 1522, after line 14, add the following:

                   DIVISION E--RESEARCH AND EDUCATION

     SEC. 50001. SHORT TITLE.

       This division may be cited as the ``Transportation Research 
     and Innovative Technology Act of 2012''.

                            TITLE I--FUNDING

     SEC. 51001. 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.

             TITLE II--RESEARCH, TECHNOLOGY, AND EDUCATION

     SEC. 52001. RESEARCH, TECHNOLOGY, AND EDUCATION.

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

[[Page S1626]]

     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. 52002. 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.''.

     SEC. 52003. 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

[[Page S1627]]

       ``(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, 
     stormwater runoff, and flooding and to treat or remove 
     pollutants by allowing stormwater 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 Transportation Research and Innovative 
     Technology Act of 2012, the Comptroller General shall submit 
     to the Committee on Environment and Public Works of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on the results of 
     the study which shall include, but is not limited to--

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

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

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

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

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

       ``(I) creation of models and tools for evaluating 
     transportation measures and transportation system designs;
       ``(II) congestion reduction efforts;
       ``(III) transportation and economic development planning in 
     rural areas and small communities;

[[Page S1628]]

       ``(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;
       ``(XVII) reducing the environmental impacts of freight 
     movement; and
       ``(XVIII) alternative transportation fuels research.

       ``(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

       ``(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--

[[Page S1629]]

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

       ``(c) Technology and Innovation Deployment Program.--
       ``(1) In general.--The Secretary shall carry out a 
     technology and innovation deployment program relating to all 
     aspects of highway transportation, including planning, 
     financing, operation, structures, materials, pavements, 
     environment, construction, and the duration of time between 
     project planning and project delivery, with the goals of--
       ``(A) significantly accelerating the adoption of innovative 
     technologies by the surface transportation community;
       ``(B) providing leadership and incentives to demonstrate 
     and promote state-of-the-art technologies, elevated 
     performance standards, and new business practices in highway 
     construction processes that result in improved safety, faster 
     construction, reduced congestion from construction, and 
     improved quality and user satisfaction;
       ``(C) constructing longer-lasting highways through the use 
     of innovative technologies and practices that lead to faster 
     construction of efficient and safe highways and bridges;
       ``(D) improving highway efficiency, safety, mobility, 
     reliability, service life, environmental protection, and 
     sustainability; and
       ``(E) developing and deploying new tools, techniques, and 
     practices to accelerate the adoption of innovation in all 
     aspects of highway transportation.
       ``(2) Implementation.--
       ``(A) In general.--The Secretary shall promote, facilitate, 
     and carry out the program established under paragraph (1) to 
     distribute the products, technologies, tools, methods, or 
     other findings that result from highway research and 
     development activities, including research and development 
     activities carried out under this chapter.
       ``(B) Accelerated innovation deployment.--In carrying out 
     the program established under paragraph (1), the Secretary 
     shall--
       ``(i) establish and carry out demonstration programs;
       ``(ii) provide incentives, technical assistance, and 
     training to researchers and developers; and
       ``(iii) develop improved tools and methods to accelerate 
     the adoption of proven innovative practices and technologies 
     as standard practices.
       ``(C) Implementation of future strategic highway research 
     program findings and results.--
       ``(i) In general.--The Secretary, in consultation with the 
     American Association of State Highway and Transportation 
     Officials and the Transportation Research Board of the 
     National Academy of Sciences, shall implement the findings 
     and recommendations developed under the future strategic 
     highway research program established under section 510.
       ``(ii) Basis for findings.--The activities carried out 
     under this subparagraph shall be based on the report 
     submitted to Congress by the Transportation Research Board of 
     the National Academy of Sciences under section 510(e).
       ``(iii) Personnel.--The Secretary may use funds made 
     available to carry out this subsection for administrative 
     costs under this subparagraph, which funds shall be used in 
     addition to any other funds made available for that purpose.
       ``(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.
       ``(3) Accelerated implementation and deployment of pavement 
     technologies.--
       ``(A) In general.--The Secretary shall establish and 
     implement a program under the technology and innovation 
     deployment program to promote, implement, deploy, 
     demonstrate, showcase, support, and document the application 
     of innovative pavement technologies, practices, performance, 
     and benefits.
       ``(B) Goals.--The goals of the accelerated implementation 
     and deployment of pavement technologies program shall 
     include--
       ``(i) the deployment of new, cost-effective designs, 
     materials, recycled materials, and practices to extend the 
     pavement life and performance and to improve user 
     satisfaction;
       ``(ii) the reduction of initial costs and lifecycle costs 
     of pavements, including the costs of new construction, 
     replacement, maintenance, and rehabilitation;
       ``(iii) the deployment of accelerated construction 
     techniques to increase safety and reduce construction time 
     and traffic disruption and congestion;
       ``(iv) the deployment of engineering design criteria and 
     specifications for new and efficient practices, products, and 
     materials for use in highway pavements;
       ``(v) the deployment of new nondestructive and real-time 
     pavement evaluation technologies and construction techniques; 
     and
       ``(vi) effective technology transfer and information 
     dissemination to accelerate implementation of new 
     technologies and to improve life, performance, cost 
     effectiveness, safety, and user satisfaction.
       ``(C) Funding.--The Secretary shall obligate for each of 
     fiscal years 2012 through 2013 from funds made available to 
     carry out this subsection--
       ``(i) $6,000,000 to accelerate the deployment and 
     implementation of asphalt pavement technology; and
       ``(ii) $6,000,000 to accelerate the deployment and 
     implementation of concrete pavement technology used in 
     highways on the national highway system.
       ``(D) Administration.--
       ``(i) In general.--The implementation and deployment 
     activities to be carried out under this paragraph shall be 
     identified and conducted in collaboration with industry, 
     State departments of transportation, the Federal Highway 
     Administration, the National Academy of Sciences, and other 
     appropriate entities, using the respective road maps (the 
     Concrete Pavement Road Map and National Asphalt Roadmap) as a 
     guide.
       ``(ii) Collaboration.--The Federal Highway Administration 
     shall collaborate with organizations that have a proven track 
     record of effective technology deployment on a national 
     scale, stakeholder involvement, and leveraging of public 
     sector investment.
       ``(iii) Advisory committee.--A pavement technology 
     implementation advisory committee comprised of key 
     stakeholders, including the Federal Highway Administration, 
     State departments of transportation, and the pavement 
     industry, shall be established to oversee and advise the 
     program efforts.
       ``(iv) Report.--The Secretary shall annually 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 details the progress 
     and results of the activities carried out under this 
     paragraph.
       ``(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

[[Page S1630]]

     describes the findings of, and recommendations resulting 
     from, the program under this subsection.
       ``(5) Funding.--Of the amounts made available to carry out 
     this section, the Secretary shall make available to carry out 
     this subsection not more than $1,000,000 for each fiscal 
     year.''.
       (b) Conforming Amendment.--The analysis for chapter 5 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 503 and inserting the following:

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

     SEC. 52004. 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. 52005. 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. 52006. INTERNATIONAL HIGHWAY TRANSPORTATION PROGRAM.

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

     SEC. 52007. SURFACE TRANSPORTATION ENVIRONMENTAL COOPERATIVE 
                   RESEARCH PROGRAM.

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

     SEC. 52008. 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. 52009. 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

[[Page S1631]]

     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 for 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. 52010. 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) Restriction.--Institutions may not apply for both a 
     national transportation center and a regional transportation 
     center.
       ``(3) 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 Transportation Research and Innovative 
     Technology Act of 2012, 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) National transportation centers.--
       ``(A) In general.--For each of fiscal years 2012 and 2013, 
     and subject to subparagraph (B), the Secretary shall provide 
     grants to 5 recipients that the Secretary determines best 
     meet the criteria described in subsection (b)(3).
       ``(B) Restrictions.--
       ``(i) In general.--For each fiscal year, a grant made 
     available under this paragraph shall not exceed $3,250,000 
     per recipient.
       ``(ii) Focused research.--The grant recipients under this 
     paragraph shall focus research on national transportation 
     issues, as determined by the Secretary.
       ``(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) a transportation-related grant from the National 
     Science Foundation subject to prior approval by the 
     Secretary.

       ``(3) Regional university transportation centers.--
       ``(A) Location of regional centers.--One regional 
     university transportation center shall be located in each of 
     the 10 Federal regions that comprise the Standard Federal 
     Regions established by the Office of Management and Budget in 
     the document entitled `Standard Federal Regions' and dated 
     April, 1974 (circular A-105).
       ``(B) Selection criteria.--In conducting a competition 
     under subsection (b), the Secretary shall provide grants to 
     10 recipients on the basis of--
       ``(i) the criteria described in subsection (b)(3);
       ``(ii) the location of the center within the Federal region 
     to be served; and
       ``(iii) whether the institution (or, in the case of 
     consortium of institutions, the lead institution) 
     demonstrates that the institution has a well-established, 
     nationally recognized program in transportation research and 
     education, as evidenced by--

       ``(I) recent expenditures by the institution in highway or 
     public transportation research;

[[Page S1632]]

       ``(II) a historical track record of awarding graduate 
     degrees in professional fields closely related to highways 
     and public transportation; and
       ``(III) an experienced faculty who specialize in 
     professional fields closely related to highways and public 
     transportation.

       ``(C) Restrictions.--For each fiscal year, a grant made 
     available under this paragraph shall not exceed $2,750,000 
     for each recipient.
       ``(D) Matching requirements.--
       ``(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 the 
     clause (i) may include amounts made available to the 
     recipient under--

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

       ``(4) Tier 1 university transportation centers.--
       ``(A) In general.--For each of fiscal years 2012 and 2013, 
     the Secretary shall provide grants of not more than 
     $1,500,000 each to not more than 20 recipients to carry out 
     this section.
       ``(B) Restriction.--A grant recipient under paragraph (2) 
     or (3) shall not be eligible to receive a grant under this 
     paragraph.
       ``(C) Matching requirement.--
       ``(i) In general.--Subject to clause (iii), 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) a transportation-related grant from the National 
     Science Foundation subject to prior approval by the 
     Secretary.

       ``(iii) Exemption.--This subparagraph shall not apply on a 
     demonstration of financial hardship by the applicant 
     institution.
       ``(D) Focused research.--
       ``(i) In general.--In awarding grants under this paragraph, 
     consideration shall be given to minority institutions, as 
     defined by section 365 of the Higher Education Act of 1965 
     (20 U.S.C. 1067k), or consortia that include such 
     institutions that have demonstrated an ability in 
     transportation-related research.
       ``(ii) Public transportation issues.--At least 2 of the 
     recipients awarded a grant under this paragraph shall have 
     expertise in, and focus research on, public transportation 
     issues.
       ``(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. 52011. 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

``Sec.
``6301. Definitions.
``6302. Bureau of Transportation Statistics.
``6303. Intermodal transportation database.
``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 their 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 safety data programs of 
     the Department;

       ``(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) continually improve surveys and data collection 
     methods of the Department to improve the accuracy and utility 
     of transportation statistics;
       ``(v) encourage the standardization of data, data 
     collection methods, and data management and storage 
     technologies for data collected by--

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

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

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

       ``(vii) build and disseminate the transportation layer of 
     the National Spatial Data Infrastructure developed under 
     Executive Order 12906 (59 Fed. Reg. 17671) (or a successor 
     Executive Order), including by coordinating the development 
     of transportation geospatial data standards, compiling 
     intermodal geospatial data, and collecting geospatial data 
     that is not being collected by other entities;
       ``(viii) issue guidelines for the collection of information 
     by the Department that the Director determines necessary to 
     develop transportation statistics and carry out modeling, 
     economic assessment, and program assessment activities to 
     ensure that such information is accurate, reliable, relevant, 
     uniform, and in a form that permits systematic analysis by 
     the Department;

[[Page S1633]]

       ``(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 by 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, consistent with 
     applicable security constraints and confidentiality 
     interests.
       ``(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 upon written request and subject to any 
     statutory or regulatory restrictions.

     ``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 established under this section 
     shall be suitable for analyses carried out by the Federal 
     Government, the States, and metropolitan planning 
     organizations.
       ``(c) Contents.--The database established under this 
     section 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 
     combinations, 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 combinations, 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 a National 
     Transportation Library which 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 and 
     internationally;
       ``(8) 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, with the goal of developing a comprehensive 
     transportation information and knowledge network that 
     supports the activities described in section 
     6302(b)(3)(B)(vi); 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), to improve 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, award 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 in connection 
     with matters relating to the Department's strategic goals, 
     knowledge networking, and national and international 
     cooperation, by entering into contracts or other agreements 
     or awarding grants for the conduct of such activities.
       ``(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, deposited in the Research and Innovative Technology 
     Administration's general fund account, 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 advisory council established under 
     this section 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; 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 and not more than 11 members 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.
       ``(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) Current members.--A member serving on an advisory 
     council on transportation statistics on the day before the 
     date of enactment of the Transportation Research and 
     Innovative Technology Act of 2012 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 and with or without 
     reimbursement for such 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

[[Page S1634]]

     subparagraph (A) that has been retained by an individual 
     respondent or filed with the Bureau or any of the employees, 
     contractors, or agents of the Bureau--
       ``(i) shall be immune from legal process; and
       ``(ii) shall not, without the consent of the individual 
     concerned, be admitted as evidence or used for any purpose in 
     any action, suit, or other judicial or administrative 
     proceedings.
       ``(C) Applicability.--This paragraph shall apply only to 
     reports that permit information concerning an individual or 
     organization to be reasonably determined by direct or 
     indirect means.
       ``(3) Informing respondent of use of data.--If the Bureau 
     is authorized by statute to collect data or information for a 
     nonstatistical purpose, the Director shall clearly 
     distinguish the collection of the data or information, by 
     rule and on the collection instrument, in a manner that 
     informs the respondent who is requested or required to supply 
     the data or information of the nonstatistical purpose.
       ``(c) Transportation and Transportation-related Data 
     Access.--The Director shall be provided access to any 
     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.  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 for chapter 1 of that title is deleted.
       (2) Analysis for 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. 52012. 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 is authorized to 
     expend not more than 1 \1/2\ percent of the amounts 
     authorized to be appropriated 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.
       ``(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.

[[Page S1635]]

       ``(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 6101 of 
     title 41, United States Code shall not apply to a contract, 
     grant, or other agreement entered into under this section.''.

     SEC. 52013. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC 
                   PLANNING.

       Section 508(a) of title 23, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``SAFETEA-LU'' and 
     inserting ``Transportation Research and Innovative Technology 
     Act of 2012''; and
       (2) in paragraph (2), 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;''.

         TITLE III--INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH

     SEC. 53001. 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 the 
     deployment of ITS technologies and services within all 
     funding programs authorized by the Transportation Research 
     and Innovative Technology Act of 2012; 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, 
     as appropriate, 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 Transportation Research and Innovative 
     Technology Act of 2012, 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 S1636]]

     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. 53002. 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. 53003. 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 
     53002) 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 S1637]]

       ``(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 Transportation Research and 
     Innovative Technology Act of 2012, 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 53002) the 
     following:

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

     SEC. 53004. 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 
     53003) 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 53004) the 
     following:

``516. Research and development.''.

     SEC. 53005. 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 
     53004) 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 53004) the 
     following:

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

     SEC. 53006. 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 
     53005) 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 a 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Environment 
     and Public Works 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 technology and 
     applications;
       ``(2) includes guidance on the relationship of the proposed 
     deployment of dedicated

[[Page S1638]]

     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.
       ``(b) Report Review.--The Secretary shall enter into 
     agreements with the National Research Council and an 
     independent third party with subject matter expertise for the 
     review of the report described in subsection (a).''.
       (b) Conforming Amendment.--The analysis for chapter 5 of 
     title 23, United States Code, is amended by adding after 
     section 517 (as added by section 53005) the following:

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

       At the end, add the following:

                     DIVISION F--BUDGETARY EFFECTS

     SEC. 60001. BUDGETARY EFFECTS.

       (a) PAYGO Scorecard.--The budgetary effects of this Act 
     shall not be entered on either PAYGO scorecard maintained 
     pursuant to section 4(d) of the Statutory Pay-As-You-Go Act 
     of 2010.
       (b) Senate PAYGO Scorecard.--The budgetary effects of this 
     Act shall not be recorded on any PAYGO scorecard maintained 
     for purposes of section 201 of S. Con. Res. 21 (110th 
     Congress).

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